#PlayThatAudio Contest – OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST 15 YEARS OLD.
VOID IN PUERTO RICO, ALL JURISDICTIONS OTHER THAN THOSE STATED ABOVE, AND WHERE PROHIBITED OR RESTRICTED BY LAW.
The #PlayThatAudio Contest (the “Contest”) is open only to individuals who are (i) fifteen (15) years of age or older at the time of entry and (ii) a legal resident of the fifty (50) United States or the District of Columbia. Void in Puerto Rico, all jurisdictions other than those stated above, and where prohibited or restricted by law. If you are under the legal age of majority in your state of residence, one of your parents or legal guardians must submit to [EMAIL] a signed, written statement that they have read, understood, and agree to these Official Rules, and that such agreement constitutes acceptance of these Official Rules on behalf of you and themselves. The following individuals are not eligible to enter or win a prize: employees, contractors, representatives, agents, directors, and officers of izo, Inc. dba DanceOn (“Sponsor”), Sony Music Entertainment (“Prize Provider”), LSD featuring Sia, Diplo and Labrinth (“LSD”), their respective corporate parents, subsidiaries and affiliated companies, advertising or marketing agencies, or any other parties involved in the development or administration of the Contest (Sponsor, Prize Provider, LSD, Sia, Diplo and Labrinth, collectively with the foregoing companies, the “Contest Parties”) and each of the immediate family members of such excluded individuals (i.e., spouses, parents, children, siblings and the “steps” of each) and all other persons living in the same household. By participating in this Contest, entrants agree to be bound by these official rules (“Official Rules”) and by the decisions of the Sponsor and the judges selected by Sponsor in all matters relating to the Contest.
2. Contest Period
The entry period for the Contest commences on June 29, 2018 at 10:00 a.m. PT and ends on July 31, 2018 at 11:59 p.m. PT (“Entry Period”). Sponsor’s computer is the official time keeping device for the Contest.
3. How to Enter
To enter, during the Entry Period:
i. Step 1: Log on to your non-private YouTube, Facebook and/or Instagram account(s) (or create an account on any such social media platform(s) if you do not already have one).
ii. Step 2: Post a video of you dancing to LSD’s new hit single “Audio” with the hashtags #PlayThatAudio and #contest and tag @DanceOn in your post(s) of the video. The video must also adhere to all guidelines set forth below.
iii. Step 3: Make your video and the accompanying hashtags and tags publicly viewable.
Compliance with the entry requirements will be determined by Sponsor in its sole discretion. Submissions that violate, as determined by the Sponsor, in its sole discretion, these entry requirements or do not meet the submission deadlines will be disqualified from the Contest.
Entrant must own all right, title, and interest in each video they submit. Each video:
a. Must be your own original work of authorship;
b. Must feature entrant as the primary dancer and must not feature any children under the age of 18 (other than entrant);
c. Must incorporate the song “Audio” by LSD featuring Sia, Diplo and Labrinth;
d. Must not contain any watermarks;
e. Must not be of poor visual and/or audio quality;
f. Must be at least 30 seconds long, up to a maximum of 10 minutes long, including any introduction, lead-in or tag;
g. Must not have been previously submitted in connection with any promotion or competition of any kind, including this Contest;
h. Must not have been licensed to any third party in exchange for a royalty or any other form of compensation;
i. Must not contain content, including music, that violates or infringes another’s rights, including but not limited to privacy, publicity, copyright, trademarks, trade secret, trade dress, patent, or other intellectual property rights;
j. Must not disparage Sponsor, Prize Provider, LSD, Sia, Diplo, Labrinth or any other person or party associated with the promotion of this Contest;
k. Must not in any way contain any brand names, logos, service marks, or trademarks (collectively “Marks”) other than those of Sponsor, Prize Provider, and LSD in accordance with the license below;
l. Must not include personally identifiable information;
m. Must not depict or promote unsafe or illegal activity;
n. Must not contain any material that is unlawful in any jurisdiction where the submission is created;
o. Must not contain any nudity, graphic violence or depictions of drug or alcohol use (or include any references to same); and
p. Must not contain material that is inappropriate for a general audience, indecent, lewd, pornographic, obscene, harmful, tortious, defamatory, slanderous, libelous or offensive, all as determined by Sponsor in its sole discretion.
Prize Provider and LSD hereby grant you a revocable, non-sublicensable, limited license to use a thirty (30) second clip of the song “Audio” by LSD featuring Sia, Diplo and Labrinth (“Licensed Music”) solely to create and publicly display your video submission for this Contest in accordance with these Official Rules.
Sponsor, Prize Provider, and LSD hereby grant you a revocable, non-sublicensable, limited license to use their names and logos solely to create and publicly display your video submission for this Contest in accordance with these Official Rules. You must display the appropriate proprietary rights notice (e.g., the encircled “R” symbol (“®”) and/or the letters “TM” or “SM,” as appropriate) in conjunction with your display of the applicable licensor’s marks. All uses of the licensor’s marks will inure to the benefit of licensor. Should a licensor reasonably object to the use of its marks, such licensor may revoke your rights thereto and you will promptly cease using the applicable licensor’s marks in the manner identified by licensor.
Except for the foregoing limited licenses, entry in this Contest in no way grants any license to or otherwise grants any entrant the right to use Sponsor’s, Prize Provider’s, LSD’s, Sia’s, Diplo’s or Labrinth’s intellectual property, including without limitation any patents, copyrights, trade secrets, Marks, and other intellectual property rights that may exist anywhere in the world, whether registered or unregistered, and all applications and registrations with respect to any of the foregoing (collectively, “Contest Party IP”). Except for the foregoing limited licenses, entrants are prohibited from using any Contest Party IP in any manner, including in URLs, on websites, or for any other use. As between you and the Contest Parties, all rights in and to the Contest Party IP are reserved by the Contest Parties.
Submissions that violate, as determined by the Sponsor in its sole discretion, the requirements set forth in these Official Rules, will be disqualified from the Contest.
You must have all rights necessary to submit your video submission and to grant the rights set forth in Section 6. If so requested by Sponsor or any judges selected by Sponsor, you shall provide, within five (5) days of such request, all appropriate clearances, permissions, and releases for your video submission to be used in accordance with Section 6, including without limitation, signed releases from you, the videographer, any music other than the Licensed Music appearing in your video, and any third parties appearing in your video. If you are unable to provide such documentation, you will be disqualified from the Contest.
The entrant must be the rightful registered user of the social media account used to enter the Contest. In the event of a dispute as to the identity of a winner, Sponsor reserves the right in its sole discretion to disqualify the disputed entry, or to deem the winner to be the authorized account holder of the e-mail address registered to the social media account used to post an entry video, or to otherwise verify the identity of the winner. The “authorized account holder” is defined as the natural person to whom the e-mail address is assigned by an Internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
This Contest is in no way sponsored, endorsed or administered by, or associated with, YouTube, Facebook, Instagram, or any other social media platform. Any questions, comments or complaints regarding the administration of this Contest should be directed to Sponsor and not to YouTube, Facebook, Instagram, or any other social media platform. You hereby agree to release YouTube, Facebook and Instagram from any and all liability arising from, or in connection with, this Contest.
4. Winner Selection and Notification
On or about July 31, 2018 (“Winner Selection Date”), one (1) winner will be selected from all eligible entries received during the Entry Period by a panel of judges appointed by Sponsor. Eligible entries will be judged and rated according to the following criteria: originality of video submission (25%), demonstrated dance skill and artistry of performers (50%), and video production quality (25%).
In the event of a tie, a Sponsor representative not previously involved in the judging will judge and rate the tied entries according to the same criteria as stated above to break the tie.
The decisions of the judges are final and binding on all matters related to the Contest. Sponsor will notify the winner by message sent to the winner’s social media account on or about the Winner Selection Date.
One (1) winner will be awarded a check for three thousand United States dollars ($3,000). The total value of all prizes to be awarded in the Contest is $3,000.
The prize will be mailed to the postal address provided by winner to Sponsor within thirty (30) days of Sponsor’s final determination of the winner. Sponsor’s obligation to fulfill the prize will be fully discharged by depositing the prize into the mail addressed to the address provided by winner. The winner will bear all risk of lost, stolen or misdelivered mail.
The right to receive the prize cannot be transferred or assigned. No prize substitution is permitted, except at the sole discretion of the Sponsor. If the prize cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute the prize with one of comparable or greater value.
The winner is solely responsible for all federal, state, local, or other applicable taxes associated with the acceptance and use of the prize. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winner.
Should there be any question as to the compliance of a winning video with the guidelines and requirements set forth in Section 3, or in the event that ownership of a video cannot be satisfactorily determined by Sponsor, Sponsor reserves the right to revoke the prize and disqualify the entry.
Winner is subject to verification, including verification of age and residency. As a condition of receiving the prize, the winner must sign and return any documents requested by Sponsor, including but not limited to, an affidavit of eligibility and publicity/liability release. If the winner is under 18, such documents must be executed by the winner’s parent or legal guardian. Failure to sign and return any requested documents by the specified return date will result in disqualification of the winner and the forfeiture of all interest in the prize. The winner will be issued an IRS Form 1099 in the amount of the actual retail value of the prize and must provide Sponsor with his/her valid Social Security Number or Taxpayer ID for tax reporting purposes.
If a winner (i) is determined to be ineligible or is otherwise disqualified in accordance with these Official Rules, (ii) fails to respond Sponsor’s winner notification message within one (1) week of notification or after three (3) attempts (whichever occurs first), or (iii) fails to provide a valid mailing address within (1) week of notification regarding prize winning, the winner forfeits the prize in its entirety and a substitute winner may be selected by Sponsor in accordance with the judging criteria set forth in these Official Rules.
Except where prohibited by law, by entering the Contest, you grant Sponsor, Prize Provider, LSD, and their affiliates, successors and assigns, and others that Sponsor may designate from time to time, the unconditional, irrevocable, right, license and permission to use, publish, and broadcast your name, likeness, voice, username, and any other persona right or indicia of identity and video submission worldwide, in any manner of media whatsoever now known or hereafter devised, in perpetuity, on a royalty-free basis, without further compensation or approval, to administer and promote the Contest and for any other commercial, promotional, advertising, publicity, trade, or other lawful purpose. Such permission includes, in particular but without limitation, use of your name, likeness, voice, username, and any other persona right or indicia of identity and video submission on websites, on social media, and in databases, blogs, mailers, emails, videos, multi-media works, advertisements, promotions, press releases and other publicity materials, products, services or offerings, in connection with the Contest or Sponsor’s, Prize Provider’s, and/or LSD’s businesses. You agree to promptly execute and return to Sponsor any confirmation, license, verification or other document or instrument Sponsor requests to confirm, further formalize or perfect the rights granted in this paragraph, or any other rights or interests of Sponsor, Prize Provider, and LSD under these Official Rules.
7. Limitation of Liability
The Contest Parties assume no liability and are not responsible for, and by entering the Contest you hereby waive and release the Contest Parties from, any actions, claims, damages, losses or injuries of any kind (collectively “Claims”) arising in connection with the Contest and/or the receipt, use or misuse of any prize, including without limitation, Claims relating to: (i) the malfunction of any computer, telephone, network, satellite, hardware, software or communications line; (ii) unauthorized human intervention; (iii) incorrect, delayed or inaccurate transmission, winner notifications, prize claims or other information or communications relating to the Contest, or the failure to capture or transmit any such information; (iv) damage to any person’s computer or mobile device; or (v) any errors in these Official Rules, winner notifications or other announcements or communications relating to the Contest. In the event of any ambiguity or error(s) in these Official Rules, Sponsor reserves the right to clarify or modify these Official Rules however it deems appropriate to correct any such ambiguity or error(s). If due to an error or for any other reason, more legitimate prize claims are received than the number of prizes stated in these Official Rules, Sponsor reserves the right to award only a single prize from a random drawing of all eligible entries. In no event will more than the stated number of prizes (i.e., one prize) be awarded.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND PURSUE ALL OTHER REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor may prohibit an entrant from participating in the Contest or winning the prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or any Contest Parties.
8. Sponsor’s Reservation of Rights
If the Contest is not capable of running as planned for any reason, including without limitation, due to a force majeure event or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process or otherwise acts in violation of these Official Rules, and to cancel, modify, or terminate the Contest. In the event of cancellation, Sponsor reserves the right to select an alternate winner based on the entrant who earned the next highest score. In the event that an entry is confirmed to have been erroneously deleted, lost or destroyed, entrant’s sole remedy shall be another entry into the Contest.
9. Governing Law and Jurisdiction
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules. By entering, you consent to the jurisdiction and venue of the state and local courts located in Los Angeles, California and the federal courts located in the County of Los Angeles for the resolution of all disputes, and agree that any and all disputes shall be resolved exclusively in those courts. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
You agree that Sponsor is permitted to send you promotional emails and reminders about Sponsor’s products and services, and to share your email address and any other personally identifiable information with Prize Provider, so that Prize Provider may send you promotional emails and reminders about Prize Provider’s products and services.
AGREEING TO RECEIVE FUTURE E-MAIL UPDATES WILL NOT AFFECT THE OUTCOME OF THE CONTEST AND YOU CAN UNSUBSCRIBE AT ANY TIME.
11. Winner’s List
For the name of the winner, send an e-mail to [insert email address]. Requests must be received no later than sixty (60) days after the end of the Entry Period.
izo, Inc., dba DanceOn, 1601 Vine Street, 6th Floor, Los Angeles, California 90028.