DANCEON DANCEOFF
#BEPVidaLocaDance 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 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST 15 YEARS OLD.
VOID IN ALL JURISDICTIONS OTHER THAN THOSE STATED ABOVE AND WHERE PROHIBITED OR RESTRICTED BY LAW.
1. Entry Period
The entry period for the #BEPVidaLocaDance (the “Contest”) begins at 9:00AM Pacific Daylight Time (“PDT”) on October 5, 2020 and ends at 9:00PM PDT on November 16, 2020 (the “Entry Period”). The Sponsor of the Contest is izo, Inc. dba DanceOn (“Sponsor”), 7080 Hollywood Boulevard, Suite 1100, Los Angeles, CA, 90028.
2. Eligibility
The Contest is open only to legal residents of the fifty (50) United States and the District of Columbia. Void where restricted or prohibited by law. Each entrant (“Entrant”) must be at least 15 years of age at the time of entry. Each Entrant must be the rightful owner (or have authorized use) of the social media account related to Entrant’s entry. The respective employees, shareholders, officers, directors, agents, and representatives of Sponsor, Sony Music Entertainment (including Epic Records, “Sony Music”) and Black Eyed Peas (“Artist”) and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion and advertising agencies (collectively, the “Contest Parties”) are not eligible to participate in the Contest. Immediate family and household members of such individuals are also not eligible to enter or win. For purposes of the Contest, “Household Members” shall mean those people who share the same residence at least three (3) months a year and “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. Entrants must be physically located in one of the fifty (50) United States or the District of Columbia at the time of entry.
3. Entry Submission Process
Entrants may participate in the Contest by completing the following steps during the Entry Period:
i. Step 1: Log on to Entrant’s non-private Instagram® or TikTok® account (or create an account on any such social media platform if Entrant does not already have one) and then upload and post a video of Entrant dancing to “Vida Loca” by Black Eyed Peas.
ii. Step 2: Include the hashtags #BEPVidaLocaDance and #Contest in Entrant’s post.
iii. Step 3: Tag @danceon and @bep in Entrant’s post.
iv. Step 4: Set Entrant’s video and post for public viewing.
Entries must be received by 9:00PM PDT on November 16, 2020. ELIGIBLE ENTRANTS MUST SUBMIT THEIR SUBMISSIONS IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Participation in the Contest constitutes Entrant’s understanding of, full and unconditional agreement to, and acceptance of these official rules (the “Official Rules”) and by the decisions of Sponsor in all matters relating to the Contest. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor’s decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally. Sponsor has the right to change the Entry Period at any time prior to the start of the Entry Period, and all other dates or deadlines set in connection with the Contest, at any time and in its sole discretion and notice will be posted on https://www.danceon.com/bepvidalocadance. Compliance with the entry requirements will be determined by Sponsor in its sole discretion. Submissions that violate, as determined by 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 any video Entrant submits. Each video:
a. Must feature Entrant as the primary dancer and must not feature any children under the age of 15;
b. Must not contain any watermarks;
c. Must not be of poor visual and/or audio quality;
d. Must be no longer than (i) the duration of the song, in case of posts on Instagram and TikTok and (ii) the duration of the clip of the song available on TikTok, in the case of posts on TikTok;
e. Must not have been previously submitted in connection with any promotion or contest of any kind, including the Contest;
f. Must not have been licensed to any third party, whether or not such license was in exchange for a royalty or any other form of compensation;
g. Must not contain content, including music, that violates or infringes another’s rights, including but not limited to privacy, publicity, copyright or other intellectual property rights;
h. Must not disparage Sponsor, Sony Music, Artist or any other person or party associated with the promotion of the Contest;
i. Must not in any way contain any brand names, logos, or trademarks other than those of Sponsor, Sony Music or Artist;
j. Must not include personally identifiable information of individuals other than Entrant;
k. Must not depict or promote unsafe or illegal activity;
l. Must not contain any nudity, graphic violence or depictions of drug or alcohol use (or include any references to same); and
m. 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.
In addition, all videos must comply with the terms of use for the social media platform through which the video is uploaded.
Entry in the Contest in no way grants any license to or otherwise authorizes any Entrant the right to use Sponsor’s, Sony Music’s or Artist’s intellectual property, including without limitation any patents, copyrights, trade secrets, designs, trademarks (including service marks), trade dress and other similar intellectual property which may exist anywhere in the world, whether registered or unregistered, and all applications and registrations with respect to any of the foregoing (collectively, “IP”), provided that Sony Music consents to Entrant’s limited use of the Artist’s song “Vida Loca” or a portion thereof solely in connection with Entrant’s video submitted pursuant to this Contest. Entrants are prohibited from using any IP in any manner, including in URLs, on websites, or for any other use. All rights in and to the IP are reserved by Sponsor, Sony Music and Artist, as applicable.
Submissions that violate, as determined by Sponsor in its sole discretion, the foregoing guidelines, will be disqualified from the Contest.
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 a 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 any 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.
The Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram, TikTok or any other social media platform. Any questions, comments or complaints regarding the administration of the Contest should be directed to Sponsor and not to Instagram or TikTok. Each Entrant hereby agrees to release Instagram, TikTok and any other social media platform from any and all liability arising from, or in connection with, the Contest.
4. Selection and Notification of Grand Prize Winner and Second Prize Winners
On or about December 7, 2020, one (1) grand prize winner (the “Grand Prize Winner”) will be selected from all eligible entries received during the Entry Period by a panel of judges appointed by Sponsor.
On or about December 7, 2020, three (3) second prize winners (collectively, the “Second Prize Winners” and, collectively with the Grand Prize Winner, the “Winners”) 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 according to the following criteria: (i) originality of video submission and (ii) demonstrated dance skill and artistry. These two categories will be equally weighted.
The decisions of Sponsor as to the Winners of the Contest shall be final. In the event of a tie, Sponsor reserves the right to break the tie. A Sponsor representative not previously involved in the judging will judge and rank the tied entries according to the same criteria as stated above to break the tie. If the ranking results in another tie, a Sponsor representative not previously involved in the judging will judge and rank the tied entries based on originality and select the winning entry that is the most original. All decisions of the Sponsor representative(s) shall be final and binding.
Sponsor will notify the potential Grand Prize Winner and the potential Second Prize Winners on or about December 7, 2020, in each case by message sent to the potential winner’s social media account through which the potential winner’s entry was submitted (the “Notification”). The potential winners will be required to take the following actions: (i) respond (as directed by Sponsor) to the Notification within forty-eight (48) hours and (ii) verify the potential winner’s name and address and complete, sign, and return within forty-eight (48) hours an Affidavit of Eligibility/Liability Release, any required tax documentation and, unless prohibited by law, a publicity release and other legal documents as may be required by Sponsor in its sole discretion (collectively, the “Prize Claim Documents”) covering eligibility, liability, advertising, publicity and media appearance issues.
In the event any potential winner was under the age of majority in the state of residence at the time of entry into the Contest, all information, verifications and signatures relating to the Contest, including, without limitation, the Prize Claim Documents, must be provided by a parent or guardian along with any additional documentation reasonably requested by Sponsor.
If any potential winner (i) is determined to be ineligible or (ii) fails (or a parent or guardian fails in the event such potential winner is a minor) to respond to the Notification and provide the Prize Claim Documents within the time periods set forth above, such potential winner forfeits the Grand Prize or the Second Prize (as each term is defined below) in its entirety and a substitute winner will be selected by Sponsor pursuant to the judging criteria set forth in these Official Rules.
Each potential winner is each subject to eligibility verification, on an ongoing basis, by Sponsor, whose decisions are final and binding. No Entrant is a winner of any prize, even if notified of being a winner and/or issued any item of value, unless and until Entrant’s eligibility has been, and continues to be verified to the satisfaction of Sponsor.
5. Grand Prize and Second Prizes
Subject to compliance with these Official Rules and the execution and delivery of any further content assignments, appearance releases or other documents requested by Sponsor, (a) one (1) Grand Prize Winner will receive $1,000 (payable either via check, money order, electronic transfer or gift card) (the “Grand Prize”) and (b) three (3) Second Prize Winners will receive Black Eyed Peas branded merchandise (collectively, the “Second Prizes” and, together with the Grand Prize, collectively, the “Prizes”).
Approximate Retail Value of the Grand Prize in the aggregate is one thousand dollars ($1,000). Approximate Retail Value of the Second Prizes in the aggregate is one hundred and ninety five dollars ($195).
The Prizes must be accepted as awarded without substitution and are not, in whole or in part, assignable, transferable, or available for resale. The Prizes have no cash surrender value, except where required by law. Sponsor has made no warranty, representation, or guarantee, express or implied, in fact or in law, with respect to the Prizes. This includes, without limitation, any warranty, representation, or guarantee related to any aspect of any Prize’s quality or fitness for a particular purpose. The Prizes are subject to availability and Sponsor may substitute any Prize (or a component thereof) with another prize of equal or greater value if such Prize (or any component thereof) is not available for any reason, as determined in Sponsor’s sole discretion. Other prize substitution options are available where required by law. Federal, state, and local taxes and all other costs and expenses associated with acceptance and use of any prize not specified herein as being awarded are the winner’s sole responsibility. Prize specific terms and conditions apply. If any Winner elects not to partake in any portion of a Prize, any remainder of such Prize that is unused will be forfeited and will not be subject to further or additional compensation. Each Winner must have no restrictions to fully participate in a Prize.
6. Ownership Transfer
BY SUBMITTING AN ENTRY, ENTRANT HEREBY ASSIGNS ALL COPYRIGHT RIGHTS AND ALL OTHER RIGHTS, TITLE AND INTEREST IN THE VIDEO SUBMISSION TO SPONSOR, SONY MUSIC AND ARTIST. By submitting an entry, Entrant represents and warrants that they are the rightful owner of all copyright and other rights in the submitted video and that the video may be lawfully submitted, used, publicly displayed, and publicly performed, and that ownership of the video may be transferred to Sponsor, Sony Music and Artist, without obtaining approval or consent from or paying any consideration to any third party. Sponsor hereby grants a worldwide, non-exclusive license to Entrant to use, distribute, publicly display, publicly perform, and create derivative works of Entrant’s video submission solely for personal purposes.
7. Publicity
Except where prohibited, by entering the Contest, Entrant grants Sponsor, Sony Music, Artist and their respective agents and licensees a worldwide, royalty-free, irrevocable right and license, sublicensable through multiple tiers, to publish distribute and otherwise use Entrant’s name, likeness, voice and username in any way, at any time, in connection with his/her video submission in any and all media, for any purpose, without any additional approval or consent of, and without consideration to, Entrant.
8. Limitation of Liability/Release
No liability or responsibility is assumed by Sponsor, Sony Music, Artist or any other Contest Parties (collectively, “Releasees”) resulting from any individual’s participation in or attempt to participate in the Contest or acceptance or use of any prize. No responsibility or liability is assumed by Releasees for technical problems or technical malfunction, including, without limitation, those arising in connection with any of the following occurrences that may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless, or Internet connectivity, or other online communication problems; errors or limitations of any Internet service providers, servers, hosts, or providers; garbled, jumbled, or faulty data transmissions; failure of any transmissions to be sent or received; lost, late, delayed, or intercepted transmissions; unauthorized human or non-human intervention in the operation of the Contest, including without limitation, as a result of unauthorized tampering, hacking, theft, viruses, bugs, worms; or destruction of any aspect of the Contest. Sponsor is not responsible for (i) lost, late, incomplete, illegible, indiscernible, or misdirected Entries or for any typographical errors in the announcement of any prize or these Official Rules, (ii) any inaccurate or incorrect data contained on Sponsor’s website or promotional materials, or (iii) any error in the administration of the Contest or announcement of any prize and/or any Contest-related materials. Releasees are not responsible for any personal injury or property damage or any other losses of any kind that may be sustained resulting from participation in the Contest or receipt or use of any prize. As a condition of entering, Entrants agree (and agree to confirm in writing if requested by Sponsor): (a) to forever discharge, release, and hold harmless Releasees from any and all claims, liabilities, injuries, losses, damages, causes of action, suits, and demands of any kind arising from or in connection with the Contest or any prize, however caused; (b) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, indirect, special, exemplary, consequential, or any other damages; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. 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. LEGAL WARNING
ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
10. General Conditions
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 cancel, modify or suspend the Contest.
Sponsor may prohibit any individual from participating in the Contest or winning any prize if, in its sole discretion, it determines such individual has or is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices or intending to annoy, abuse, threaten or harass any other participants or any Contest Parties. Without limitation of the foregoing, any use of software or hardware, including, without limitation, a program, mechanism, system, robot, “bot”, macro or other artificial device, process or manipulation (“Manipulation”) is strictly prohibited. Sponsor reserves the right, in its sole discretion, to terminate any person’s participation in the Contest whom Sponsor suspects has engaged in any Manipulation.
11. Governing Law and Jurisdiction
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant’s rights and obligations, or the rights and obligations of 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, Entrant consents 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 agrees 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.
12. Privacy
Any personally identifiable information collected during an Entrant’s participation in the Contest will be collected and used by Sponsor and its designees for the proper administration and fulfillment of the Contest, in accordance with Sponsor’s privacy policy available at http://www.danceon.com/privacy-policy and as otherwise described in these Official Rules.
Entrant agrees that Sponsor is permitted to send Entrant promotional emails and reminders about Sponsor’s promotions and services, and to share Entrant’s email address and any other personally identifiable information with Sony Music and Artist, so that Sponsor, Sony Music and/or Artist may send Entrant promotional emails and reminders about music and promotions. PLEASE NOTE: AGREEING TO RECEIVE FUTURE E-MAIL UPDATES WILL NOT AFFECT THE OUTCOME OF THE CONTEST AND ENTRANT CAN UNSUBSCRIBE AT ANY TIME.
Sponsor will not sell, rent, transfer or otherwise disclose Entrant’s personal data to any third party other than as described herein or in accordance with Sponsor’s privacy policy.
13. Grand Prize Winner and Second Prize Winners
For the names of the Grand Prize Winner and/or the Second Prize Winners, send an e-mail to legal@izo.com. Requests must be received no later than six (6) months after the end of the Entry Period.
14. Sponsor. The Sponsor of the Contest is izo, Inc. dba DanceOn (“Sponsor”), 7080 Hollywood Boulevard, Suite 1100, Los Angeles, CA, 90028.