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. Eligibility

The Can I Kick It 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 all jurisdictions other than those stated above and where prohibited or restricted by law. The following individuals are not eligible to enter or win a prize: employees, contractors, representatives, agents, directors, and officers of izo, Inc. (“Sponsor”), AEO Management Co. (“American Eagle”), their respective parent, subsidiary and affiliated companies, marketing agencies, or any other parties involved in the administration of the Contest (Sponsor and American Eagle, 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 August 17, 2017 at 10:00:00am PST and ends on September 14, 2017 at 11:59:59 PM PST (“Entry Period”).  Certain prizes, however, will only be awarded to entrants who submit eligible entries by the First Prize Submission Date, as described in Section 4 below. 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 Facebook, Instagram, or Twitter account (or create an account on any such social media platform if you do not already have one).

                                              ii.                 Step 2: Post a video of you dancing with the hashtags #ICan #Contest.

                                              iii.                Step 3: Set your video to public.

 

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 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 four (4) minutes;

e.           Must not have been previously submitted in connection with any promotion or competition of any kind, including this Contest;

f.             Must not have been licensed to any third party 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, American Eagle or any other person or party associated with the promotion of this Contest;

i.              Must not in any way contain any brand names, logos, or trademarks other than those of Sponsor and American Eagle;

j.              Must not include personally identifiable information of individuals other than the 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 this Contest in no way grants any license to or otherwise authorizes any entrant the right to use American Eagle’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, “AEO IP”).  Entrants are prohibited from using any AEO IP in any manner, including in URLs, on websites, or for any other use.  All rights in and to the AEO IP are reserved by American Eagle.

 

Submissions that violate, as determined by the Sponsor in its sole discretion, the foregoing video guidelines, 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, Facebook, Instagram, Twitter or any social media platform. Any questions, comments or complaints regarding the administration of this Contest should be directed to Sponsor and not to Facebook, Instagram or Twitter.  You hereby agree to release Facebook, Instagram and Twitter from any and all liability arising from, or in connection with, this Contest.

 

4. Winner Selection and Notification

On or about August 28, 2017 (“First Prize Submission Date”), at least one (1) winner will be selected from all eligible entries received during the Entry Period up to the First Prize Submission Date by a panel of judges appointed by Sponsor, whose decisions shall be final.  Judging will occur within two (2) business days following the First Prize Submission Date. 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%).  Each judge will assign a score to each eligible entry, and the collective scores of the judges for each eligible entry will be averaged to determine each eligible entry’s actual score. The eligible entry or entries with the highest averaged score will be declared the winners.

 

On or about September 14, 2017 (“Second Prize Submission Date”), at least one (1) additional winner will be selected from all eligible entries received during the Entry Period (which were not selected as a winning entry on the First Prize Submission Date) by a panel of judges appointed by Sponsor, whose decisions shall be final. Judging will occur within two (2) business days following the Second Prize Submission Date. 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%).  Each judge will assign a score to each eligible entry, and the collective scores of the judges for each eligible entry will be averaged to determine each eligible entry’s actual score. The eligible entry or entries with the highest averaged score will be declared the winners.

 

In the event of a tie, Sponsor reserves the right to break the tie or select multiple tied entries as winners. 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. The decisions of the judges are final and binding. Sponsors will notify the winners selected from all eligible entries received up to the First Prize Submission Date by message sent to each winner’s social media account on or about August 30, 2017. Sponsors will notify the winners selected from all eligible entries received up to the Second Prize Submission Date by message sent to each winner’s social media account on or about September 18, 2017.

 

5.  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, at least one (1) winner will be recognized by Sponsor in one or more of the following channels, at Sponsor’s discretion:

a.           A winner’s video selected from the First Prize Selection Date and/or Second Prize Selection Date may be added to a playlist on DanceOn’s YouTube channel; and/or

b.           A winner’s video selected from the First Prize Selection Date and/or Second Prize Selection Date may be included in a clip countdown video that will be exhibited on DanceOn’s social media channels (e.g., Top 5 American Eagle videos); and/or

c.            A winner’s video selected from the First Prize Selection Date may be included in a mashup video, which American Eagle will have the right to use on a video billboard located in Times Square, New York, NY.

 

The foregoing recognition prize(s) have no cash or actual retail value.

 

If a winner (i) is determined to be ineligible or (ii) fails to respond Sponsor’s winner notification message within one (1) week of notification or after three (3) attempts (whichever occurs first), 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.

 

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. By submitting an entry, entrant represents and warrants that he or she is 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, 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 and its 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, the entrant. 

 

8. Limitation of Liability

No liability or responsibility is assumed by Sponsor, American Eagle or the 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 the 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 the prize and/or all 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 the 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 the 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.

 

9. 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 DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

 

10. 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 that an entry is confirmed to have been erroneously deleted, lost or destroyed, entrant’s sole remedy shall be another entry into the Contest.

 

11. 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.

 

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.  You also acknowledge and agree that the information you provide in connection with the Contest may be collected, stored, used, and shared in accordance with American Eagle’s Privacy Notices (www.ae.com/privacy) and California Disclosures (https://www.ae.com/content/help/california-disclosures).

 

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 American Eagle, so that American Eagle may send you promotional emails and reminders about American Eagle’s products and services.  PLEASE NOTE: AGREEING TO RECEIVE FUTURE E-MAIL UPDATES WILL NOT AFFECT THE OUTCOME OF THE CONTEST AND YOU CAN UNSUBSCRIBE AT ANY TIME. 

 

Sponsor will not sell, rent, transfer or otherwise disclose your personal data to any third party other than as described herein or in accordance with Sponsor’s privacy policy.

 

13. Winners’ List

For the names of the winner(s), send an e-mail to CanIKickIt@izo.com. Requests must be received no later than sixty (60) days after the end of the Entry Period.

 

14. Sponsor

izo, Inc., 6255 Sunset Boulevard, Suite 850, Los Angeles, California 90028.

 
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