FREESTYLE DANCE BATTLE - PRESENTED BY MTN DEW KICKSTART CONTEST
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law and outside the fifty (50) United States and the District of Columbia. Subject to all federal, state and local laws, regulations, and ordinances. Promotion begins on September 15, 2017 at 2:00 PM Eastern Time (“ET”) and ends on October 9, 2017 at 2:00 PM ET ET (the “Promotion Period”). Sponsor’s computer is the official time keeping device for this Promotion.
1. ELIGIBILITY: The Freestyle Dance Battle presented by Mtn Dew Kickstart Contest (the “Promotion”) is open only to legal U.S. residents currently residing in the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old as of the date of entry. If the a person is at least eighteen (18) years old and is deemed a minor in his/her state/jurisdiction of primary residence, that person must have his/her parent’s/legal guardian’s permission to enter this Promotion. Employees, officers, and directors of Black Entertainment Television LLC (“Sponsor”), Pepsi Beverages Company, PepsiCo, Inc. or any of their respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, and advertising, public relations, promotional, fulfillment, and marketing agencies, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household (whether related or not) are not eligible to enter or win. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winners.
EACH ENTRANT MUST HAVE AN ACTIVE PUBLIC INSTAGRAM ACCOUNT PRIOR TO ENTERING AND SHALL NOT REGISTER FOR AN INSTAGRAM ACCOUNT FOR THE SOLE PURPOSE OF ENTERING THIS CONTEST.
An entry may feature one or more eligible persons, and each entry that features multiple persons must be submitted on behalf of all persons featured in the entry. Accordingly, all persons featured in a particular eligible entry are deemed entrants associated with the applicable entry. A person who submits an entry featuring multiple persons must obtain the express permission of all persons featured in the video to be featured in that video and to submit the entry in connection with this Promotion.
2. SPONSOR: Black Entertainment Television LLC, 1540 Broadway, New York, NY 10036. This Contest is in no way sponsored, endorsed or administered by Instagram.
3. HOW TO ENTER: During the Promotion Period:
A. Visit BET.com/FreestyleDanceBattle (the “Promotion Webpage”) and follow the instructions provided to download the official Promotion audio music track (the “Promotion Music Track”) from the Promotion Webpage;
B. Create a video, of no more than 60 seconds (one minute) in length, of you / your dance team (whichever is applicable) dancing to the Promotion Music Track;
C. Log on to your Instagram account; you must follow @BET on Instagram; and
D. Through your Instagram account, upload your dance video with @BET and the hashtag #MtnDewKickstartBattle in the caption for video post; in the event multiple persons are featured in the dance video, only one of those persons can upload the video through his/her Instagram account.
All videos submitted in connection with the Promotion must adhere to the following guidelines in order to be eligible:
Must be no more than 60 seconds (one minute) in length
Must be the entrant’s original idea (modification of an original work is not an original idea) and must not copy or otherwise plagiarize from any source;
Must not contain material which is (or promote activities which are), as determined by Sponsor in its sole discretion, hateful, slanderous, libelous, tortious, sexually explicit, obscene, pornographic, inappropriate, violent, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or contain material that is threatening to any person, place, business, group or world peace; or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; or contain images, words or text portraying nudity, acts of violence, or acts that are or appear to be unlawful or dangerous or in violation of, or contrary to the laws or regulations in any state where the entry is created in their application; and
Must not contain material that violates or infringes another’s rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement. Without limiting the foregoing, the Submission must not include third party trademarks or logos (other than Sponsor or Mtn Dew / Mountain Dew trademarks), insignia, location signage, photographs, artwork, sculptures, music, or the image and likeness of those who have not granted permission.
MUST NOT include third parties, including but not limited to minors, celebrities and friends, who have not expressly authorized entrant to display their image or likeness in the video submission or otherwise use such images or likenesses in accordance with these Official Rules. Entrant must be prepared to provide signed authorizations upon request.
LIMIT: One (1) entry per person throughout the Promotion Period. Additional entries will be disqualified.
In addition, by submitting an entry in this Contest, each entrant: (i) WARRANTS AND REPRESENTS THAT THE ENTRANT IS THE INDIVIDUAL PICTURED AND HEARD IN THE ENTRY; (ii) WARRANTS AND REPRESENTS THAT THEIR ENTRY, WITH THE EXCEPTION OF ANY AUTHORIZED ASSETS CONTAINED THEREIN: (a) IS ORIGINAL TO THE ENTRANT, HAS BEEN LEGALLY OBTAINED AND CREATED, AND THAT THE ENTRANT OWNS ALL RIGHTS TO THE ENTRY (OTHER THAN THE PROMOTION MUSIC TRACK); (b) DOES NOT INFRINGE THE INTELLECTUAL PROPERTY, PRIVACY OR PUBLICITY RIGHTS OR ANY OTHER LEGAL OR MORAL RIGHTS OF ANY THIRD PARTY, OR VIOLATE APPLICABLE LAWS, REGULATIONS, OR NETWORK STANDARDS; (c) HAS NOT BEEN ENTERED IN OR WON PREVIOUS CONTESTS OR AWARDS; AND; and (d) HAS NOT BEEN PUBLISHED PREVIOUSLY, AND WILL NOT BE PUBLISHED OR UPLOADED, TO ANY OTHER MEDIUM, INCLUDING, WITHOUT LIMITATION, ANY ONLINE VIDEO SERVICE.
Automated or bulk entries or entries submitted by third parties will be disqualified. Entries must be submitted by the entrant. Any attempt by any participant to obtain more than the stated number of entries by using multiple and/or different identities, forms, accounts, registrations, email addresses, logins, or any other methods will void that participant’s entries, and that participant may be disqualified in Sponsor’s sole discretion. Multiple participants are not permitted to share the same e-mail account. In the event of a dispute as to any entry, the authorized account holder of the e-mail account provided with the entry will be deemed to be the entrant. The “authorized account holder” is the natural person assigned the account by Instagram. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or will be disqualified. Entries from an invalid, non-working, or inactive account will be disqualified and ineligible to win. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified.
4. SELECTION AND VERIFICATION OF WINNERS: A judging panel (selected in Sponsor’s sole discretion) will review all eligible entries and will judge and select a potential winner (an individual entrant or a participating dance team) from among all eligible entries based on the following criteria (the “Judging Criteria”): (i) creativity, (ii) showmanship, and (iii) execution. The potential winner will be notified via email within around 72 hours of being selected. POTENTIAL WINNER MUST RESPOND TO THE WINNER NOTIFICATION WITHIN 72 HOURS OF BEING SENT; IF SPONSOR DOES NOT RECEIVE A RESPONSE FROM A POTENTIAL WINNER WITHIN THAT TIME (AS DETERMINED BY SPONSOR IN ITS SOLE DISCRETION), THAT POTENTIAL WINNER WILL BE DISQUALIFIED AND AN ALTERNATIVE POTENTIAL WINNER WILL BE SELECTED FROM AMONG ALL REMAINING ELIGIBLE ENTRIES USING THE WINNER SELECTION PROCESS SET FORTH ABOVE. EXCEPT WHERE LEGALLY PROHIBITED, POTENTIAL WINNER (OR THE POTENTIAL WINNER’S PARENT/LEGAL GUARDIAN, IF THE POTENTIAL WINNER IS DEEMED A MINOR IN HIS/HER STATE/JURISDICTION OF PRIMARY RESIDENCE) MAY BE REQUIRED TO SIGN AND RETURN, WITHIN 72 HOURS OF BEING NOTIFIED (AS DETERMINED BY SPONSOR IN ITS SOLE DISCRETION), AN AFFIDAVIT OF ELIGIBILITY, LIABILITY AND PUBLICITY RELEASE (THE “AFFIDAVIT”). If (i) a potential winner cannot be contacted in person by email after the first attempt to contact him/her, (ii) a potential winner fails to sign and return the Affidavit within the required time period (if applicable), or (iii) a potential winner is disqualified for any reason, Sponsor will select an alternate winner selected through the winner selection process set forth above. Up to three (3) alternate potential winners will be selected.
Verification of Potential Winners: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
5. WINNER ENTRY FEATURED IN SPONSOR VIDEO: The winner’s video or a portion thereof may be featured, as determined in Sponsor’s sole discretion) in an audio-visual program that may be broadcast via broadcast networks, including, but not limited to, broadcast networks owned and operated by Sponsor. Sponsor has complete discretion as to whether the winner’s video is featured in any broadcast program and, if featured as such, the manner in which the winner’s video is incorporated into the broadcast program.
6. GENERAL CONDITIONS: Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website associated with the Promotion, and/or the legitimate operation of the Promotion; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Promotion is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) cancel or terminate the Promotion (or any portion thereof); (b) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; and/or (c) select a winner (in Sponsor’s sole discretion) from among the eligible, non-suspect entries received up to the time of the impairment.
7. LIMITATIONS OF LIABILITY AND RELEASES: BY PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT SPONSOR, PEPSI BEVERAGES COMPANY, PEPSICO, INC., LIVE NATION, AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTION RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PORTION OF THIS PROMOTION CANNOT BE ADMINISTERED AS PLANNED (AS DETERMINED BY SPONSOR IN ITS SOLE DISCRETION) DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING, BUT NOT LIMITED TO, ANY WEBSITE ASSOCIATED WITH THE PROMOTION, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
8. PUBLICITY: EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE PROMOTION CONSTITUTES EACH ENTRANT’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THE RELEASED PARTIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S ENTRY (INCLUDING THE ENTRANT’S POSTED PHOTOGRAPH), NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
9. DISPUTES. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate Federal or state court located in New York, NY; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
11. WINNER IDENTIFICATION: For the name of the winner, available for sixty (60) days after verification of the winner, send a self-addressed, stamped envelope to: Winner Name Request for “The Freestyle Dance Battle presented by Mtn Dew Kickstart Contest”, BET Networks, Attn: Business & Legal Affairs, 1515 Broadway, New York, NY 10036. Washington and Vermont residents may omit return postage when requesting this information.
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