Published June 13, 2017

LALA’S #GLOUP CHALLENGE CONTEST

Official Rules

 

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 50 United States and the District of Columbia.  Subject to all federal, state and local laws, regulations, and ordinances. 

 

1. ELIGIBILITY: The “Lala’s #GloUp Challenge Contest” (the “Promotion”) is open only to legal residents of the 50 United States and the District of Columbia who are at least the age of majority in their state (jurisdiction, in the case of the District of Columbia) of primary residence as of the date of entry.  Employees, officers, and directors of Black Entertainment Television LLC (“Sponsor”), or their respective parents, controlled 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)(the “Released Parties”), 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 a prize is contingent upon fulfilling all requirements set forth herein.  Sponsor reserves the right to verify the eligibility of winners. 

 

ELIGIBLE PERSONS MUST HAVE AN ACTIVE PUBLIC INSTAGRAM® ACCOUNT PRIOR TO ENTERING AND SHALL NOT REGISTER FOR AN INSTAGRAM® ACCOUNT FOR THE SOLE PURPOSE OF PARTICIPATING IN THIS PROMOTION. 

 

2. SPONSOR: Black Entertainment Television LLC, One BET Plaza, 1235 “W” Street, NE, Washington, D.C. 20018.  The Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram, Inc.

 

3. AGREEMENT TO OFFICIAL RULES: By entering, entrants agree to be bound by these Official Rules. The Released Parties are not responsible if the Promotion cannot take place or if the Prize (defined below) cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather, acts of terrorism or any other causes outside of the Released Parties reasonable control.

 

4. ENTRY PERIOD: The Promotion begins on June 13, 2017 at 12:00 PM Eastern Time (“ET”) and ends on June 21, 2017 at 11:59 PM ET (the “Promotion Period”). Sponsor’s computer is the official time keeping device for this Promotion.

 

5. HOW TO ENTER: To enter:

 

(A)         Follow @BETAwards on Instagram; and

(B)         Log into your Instagram account to upload an original one minute (1:00) video explaining why you need a custom dress from celebrity designer, Thai Nguyen (designer of Lala’s MET gala dress) and include the hashtags #BETAwardsgloup and #contest in your entry (the “Submission”). 

 

Submission must adhere to the following guidelines in order to be eligible:

 

·         Must include the hashtag #BETAwardsgloup and #contest;

·         Must not exceed one minute (1:00) 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, 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 Submission or otherwise use such images or likenesses in accordance with these Official Rules.  Entrant must be prepared to provide signed third party authorizations upon request.

 

Log on to www.bet.com/glouprules to view the Official Rules.

 

Limit: One (1) Submission per person, per Instagram account throughout the Promotion Period. Additional entries will be disqualified. 

 

By entering, each entrant agrees that his/her Submission must comply with these Official Rules and  Instagram’s Terms of Use, and that Sponsor, in its sole discretion, may reject any entrant’s Submission and disqualify him/her from the Promotion if Sponsor believes that such Submission fails to adhere to the above guidelines. Normal Internet, phone and usage charges imposed by your online or phone service may apply.  Further, by entering, each entrant warrants and represents that their entry is original, has not been previously published or won any award, does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including patents, copyrights, trademarks or rights of privacy or publicity, and will not violate any federal, state or local laws or ordinances.  Entrants further warrant and represent that they have secured the requisite consent from any third party appearing or referenced in their Submission.  Sponsor reserves the right in its sole and unfettered discretion to disqualify any entry that it believes contains obscene, offensive or inappropriate content, that does not comply with these Official Rules or that is not consistent with the spirit or theme of the Promotion. 

 

In addition, by uploading or creating an entry in this Promotion, 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, INCLUDING, WITHOUT LIMITATION, THE VIDEO OR DIGITAL RECORDING, AND THE PERFORMANCE CONTAINED IN ANY OF THE ABOVE; (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; (d) HAS NOT BEEN PUBLISHED PREVIOUSLY, AND WILL NOT BE PUBLISHED OR UPLOADED, TO ANY OTHER MEDIUM, INCLUDING, WITHOUT LIMITATION, ANY ONLINE VIDEO SERVICE; (iii) irrevocably grants to the Released Parties and their respective parents, subsidiaries, controlled affiliates, assigns, agents and licensees, the exclusive unconditional and perpetual right and permission to copyright (as appropriate), reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used) the entry in whole or in part, including, but not limited to, the audio and/or video recording and performances contained in any of the above items (in each case, as submitted or as edited/modified in any way by Sponsor, in its sole discretion), as well as the entrant’s name, address, image, voice, likeness, statements, biographical material and any additional photographic images, video images, audio recordings, portraits, interviews or other materials relating to the entrant and arising out of his/her participation in this Promotion (with or without using the entrant’s name) (collectively, the “Additional Materials”) in perpetuity in any media throughout the world, whether now known or later created, for any purpose, without limitation, and without additional review, compensation, or approval from the entrant or any other party; (iv) acknowledges and agrees that (a) Sponsor and other entrants have access to and/or may create or have created literary, film, tape and/or other materials, ideas and concepts which may be similar or identical to an entry in theme, idea, plot, format, characters and/or other respects; (b) the entrant will not be entitled to any compensation or other consideration because of the use by Sponsor or other entrants of any such similar or identical material, ideas and/or concepts; and (c) Sponsor’s use of material containing elements similar to or identical with those contained in the entrant’s entry shall neither obligate Sponsor to negotiate with nor entitle entrant to any compensation or other claim; (v) forever waives any rights of privacy, intellectual property rights, and any other legal or moral rights that may preclude Sponsor’s use of the entrant’s entry or Additional Materials, or require the entrant’s permission for Sponsor to use them for any purpose, and agrees to never sue or assert any claim against Sponsor’s use of the entry or Additional Materials; and (vi) agrees to indemnify and hold the Released Parties harmless from any and all claims, damages, expenses, costs (including reasonable attorney’s fees) and liabilities (including settlements), brought or asserted by any third party against any of the Released Parties arising out of or in connection with (a) any entry or Additional Materials (including, but not limited to, any and all claims of third parties, whether or not groundless, based on the submission of such other material); (b) any breach by entrant of any warranty, agreement or representation contained in the Official Rules, the BET.com Terms of Use (http://www.bet.com/terms-of-use.html) and Submission Agreement (http://www.bet.com/submission-agreement.html), Instagram’s Terms of Use, or in any documentation submitted by entrant; (c) the entrant’s conduct during and in connection with this Promotion, including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation; or (d) the acceptance of any Prize.

 

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 Instagram account.  In the event of a dispute as to any entry, the authorized account holder of the Instagram 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.  The potential winner may be required to show proof of being the authorized account holder to Sponsor or forfeit the Prize.  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.    

 

5. SELECTION AND VERIFICATION OF WINNER: Sponsor will select one (1) potential winner (the “Winner”) on or about June 22, 2017 based on originality, creativity, and story in their Submission from among all eligible entries received during the Promotion Period.  The selection process shall be conducted under the supervision of Sponsor.  The Winner may be announced on-air as determined in Sponsor’s sole discretion.  The potential Winner will be notified by Instagram direct message within twenty-four (24) hours of being selected. The potential Winner must respond to the winner notification within two hours (2:00) of receipt.  Failure to respond within the specified timeframe, will result in forfeiture of the Prize and an alternate potential Winner may be selected from among all remaining eligible entries received if time permits.  Except where legally prohibited, the potential Winner will be required to sign and return, within two hours (2:00) of receipt, an Affidavit of Eligibility, Liability and Publicity Release, W-9 form, and any other documents sent by Sponsor in order to claim his/her Prize.

 

The potential Winner is subject to verification by Sponsor, whose decision is final and binding in all matters related to the Promotion.  An entrant is not a winner of any prize unless and until entrant’s eligibility has been verified and entrant has been notified that verification is complete. 

6.  PRIZE: One (1) prize is available to be won in this Promotion.  The prize consists of one (1) custom-designed dress by celebrity designer, Thai Nguyen (the 
“Prize”).    Approximate retail value $25,000.00.  Actual retail value depends on actual design of the dress.  The Prize has no cash redemption value and does not include any other expenses not specifically listed herein.  Winner is solely responsible for any federal and state tax obligations related to acceptance of the Prize and will be required to provide his/her social security number and issued a 1099 at the end of the year for tax purposes. Sponsor will not replace any lost or stolen prizes or components of a prize.  No substitution or transfer of prizes permitted, except at the sole discretion of Sponsor.  If the Prize is unavailable, Sponsor reserves the right to substitute a prize of equal or greater value.  Prize will be awarded provided it is properly claimed and is non-assignable and non-transferable.

 

7. 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) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.  

 

8. LIMITATIONS OF LIABILITY AND RELEASES:  BY PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT SPONSOR, INSTAGRAM, INC., AND THEIR RESPECTIVE PARENT COMPANIES, CONTROLLED 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 ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR 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 PRIZE CANNOT BE AWARDED 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, THE PRIZES AND 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.

 

9. 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 SUBMISSION (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. 

 

10. 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 or any prize awarded 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. PRIVACY:  Information collected from entrants is subject to the Sponsor’s Privacy Policy, which can be found at http://www.bet.com/privacy-policy.html.

 

12. WINNERS LIST:  For a list of winners, available for sixty (60) days after verification of the Winner, send a self-addressed, stamped envelope to: “Lala’s #GloUp Challenge Contest”, Black Entertainment Television LLC, One BET Plaza, 1235 “W” Street, NE, Washington, D.C. 20018.  Washington and Vermont residents may omit return postage when requesting this information.

 

Copyright ©2017 Black Entertainment Television LLC.  All trademarks and logos used herein are trademarks of Black Entertainment Television LLC or their respective owners.  All rights reserved.