#moveit with @JaryR and @PGalbert competition – official rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. FAILURE TO COMPLY WITH THESE RULES WILL VOID AN ENTRY. THE CONTEST IS VOID OUTSIDE OF THE U.S. AND WHERE PROHIBITED. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK OR INSTAGRAM.
THE SOONER YOU ENTER, THE BETTER CHANCE YOU HAVE TO WIN.
- Eligibility. The #moveit with @JaryR and @PGalbert competition (“Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are thirteen (13) or older at the time of entry. Employees of Clap Online Pty Ltd and its related companies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all federal, state and local laws and regulations and is void outside of the U.S. and where prohibited by law.
- Sponsor. Clap Online Pty Ltd, c/o Ash Street Partners, Level 18, 9 Castlereagh St., Sydney, NSW 2000 Australia.
- Agreement to Official Rules. By using the Contest hashtag specified in Section 5 below, you indicate your full and unconditional agreement to these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein in a timely manner.
- Entry and Voting Period. The Contest begins on May 9, 2017, at 10:00 a.m. Eastern Daylight Savings Time and ends on June 30, 2017 at midnight EST (the “Entry and Voting Period”). Entries received prior to or after the Entry and Voting Period will be disqualified.
- Additional Requirements for Video Clips. Video Clips must be your own original work and must not: (a) contain any content or aspect that is not your own or for which you have not obtained appropriate and necessary rights; (b) contain any content that could be considered deceptive, misleading, false, fraudulent, scandalous, indecent, obscene, sexually explicit, defamatory, libelous, threatening, harassing, hateful, degrading, intimidating, graphically violent or otherwise unlawful, tortious or objectionable; (c) depict, encourage, promote or induce conduct that could violate any law or give rise to criminal or civil liability, or that could be considered risky, violent, discriminatory or otherwise inappropriate; (d) contain any personally identifying information about any individual other than you; (e) depict any individual other than you; (f) contain any confidential information, or any material, non-public information about any company; or (g) contain any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware or other computer code, file or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any website, hardware, software or network. Video Clips must not have been entered into any other contest, promotion or exhibition, or otherwise published or distributed beyond a personal network online. Sponsor reserves the right, in its sole and absolute discretion, to refuse to accept any Entry or Video Clip or to delete or remove any Video Clip for any reason.
- Selection of Potential Winner. During the Entry and Voting Period, all eligible Video Clips will be subject to public voting by clapit users. Clapit users will vote on the clapit application, based on the following equally weighted judging criteria: dance talent, rhythm, unique style, and most compelling video. Each clapit account may vote only one (1) time on each video. Entrants may not solicit votes by creating false accounts or encouraging others to do so, but are permitted to promote their entries via word of mouth, social media, or other means as long as it is done lawfully and in good will, with no payment or exchange offered to others. The five (5) entrants who receive the most clapit user votes on all of his or her eligible Video Clips during the Entry and Voting Period will be deemed the finalists. In the event of a tie, the hosts of this contest, Jahaira Resto and Philip Galbert (the “Hosts”), will select the potential finalist based upon the judging criteria above. Sponsor will select one (1) potential winner from among the five (5) finalists, based upon the judging criteria listed above.
- Requirements of Potential Winner. Except where prohibited, the potential winner must complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) within three (3) days of being notified. If the potential winner is a minor, his or her parent or legal guardian must sign the Affidavit/Release on her behalf. If the potential winner cannot be contacted within two (2) days of the first attempt to contact him or her, fails to sign and return the Affidavit/Release within the required time period, if notification or prize is returned as undeliverable, or if Sponsor determines in its sole discretion that the potential winner is ineligible, then Sponsor will select a new potential winner in accordance with the provision of Section 7, above. The potential winner will be required to provide Sponsor with his or her Social Security number for tax reporting purposes. Unless prohibited by law, acceptance of a prize constitutes permission for Sponsor to use the potential winner’s name, Entry, Video Clip, picture, likeness, address (city and state), entry and biographical information for advertising and publicity purposes, worldwide, without further compensation.
- Prize. One (1) winner will $1000 cash prize. Approximate retail value: $1,000. Prizes are non-transferable and non-assignable. No other substitution permitted, except that Sponsor reserves the right in its sole discretion to substitute the prize or a prize component with another prize or component of comparable or greater value.
- Sponsor’s Rights to Entries and Video Clips. By entering the Contest, you grant to Sponsor a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicensable (through multiple tiers) and transferable license, without additional consideration to you or third parties, to: (a) reproduce, distribute, perform and display (publicly or otherwise), adapt, modify, edit, translate, make available to the public, make, sell, offer to sell, import and otherwise use and exploit (and have others exercise such rights on behalf of the Sponsor, through multiple tiers) your Entry and Video Clip in any format or media now known or hereafter developed; (b) create derivative works from and incorporate your Entry and Video Clip into other works or into Sponsor’s or its designees’ products or services; (c) use your Entry and Video Clip for Sponsor’s advertising and promotional purposes; and (d) use your name, Video Clip, portrait, picture, voice, likeness, statements, and biographical information for Sponsor’s advertising and promotional purposes, whether or not in connection with your Entry, in each case for the purpose of administering and promoting the Contest, any future promotions and/or Sponsor, except to the extent prohibited by applicable law. Sponsor reserves the right (but does not have the obligation) to verify at any time that all necessary rights, clearances, consents, releases and other permissions in or relating to your Entry and Video Clip have been validly obtained, and you agree to fully cooperate with Sponsor in any such verification inquiries.
- Additional Obligations of Winner. In addition to the Video Clip(s) submitted by the winner as part of the Contest, winner will, where requested by Sponsor, provide material to Sponsor (or agree to Sponsor’s obtaining such material, such as through photography and/or videography) including winner’s name, profile, likeness, photo, video, image, biographical or other information or material about Winner (collectively, “Winner Information”). Winner grants to Sponsor a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sub licensable (through multiple tiers) and transferable license, without additional consideration to winner or third parties, to:
- reproduce, distribute, perform and display (publicly or otherwise), adapt, modify, edit, translate, make available to the public, make, sell, offer, import and otherwise use and exploit (and have others exercise such rights on behalf of Sponsor, through multiple tiers) the Winner Information in any format or media now known or hereafter developed;
- create derivative works from and incorporate the Winner Information into other works or into Sponsor’s or its designees’ products or services; and
- use the Winner Information for Sponsor’s advertising and promotional purposes, for the purposes of administering and promoting Sponsor’s business and/or the Contest or any future promotions, except to the extent prohibited by applicable law.
Winner shall have no right of approval, no claim to further compensation, and no claim arising out of the use, alteration, distortion, or illusionary effect or use in any composite form of the Winner Information. Winner understands that Sponsor may refrain from using the Winner Information. Sponsor reserves the right (but does not have the obligation) to verify at any time that all necessary rights, clearances, consents, releases and other permissions in or relating to the Winner Information have been validly obtained, and winner agrees to fully cooperate with Sponsor in any such verification inquiries.
- Winner’s Opportunities. Winner agrees not to enter into any agreement, or negotiate to enter into any agreement, with any business substantially similar to, or in competition with, Sponsor, including any social media service other than Sponsor until after [date], and then only if winner has not received and accepted an offer to enter into an extended agreement with Sponsor. Winner further agrees that, for a period of three (3) months from the date that he or she is declared the winner, if any of Sponsor, its employees, agents, or representatives arrange an introduction to or meeting with any person in order to advance winner’s career, winner will make a good faith effort to attend any such introduction or meeting and may request that clapit cover travel costs prior to confirming attendance. If such introduction or meeting results in winner’s engagement or other agreement with any such person, then winner agrees that Sponsor will receive 10% of the total dollar value to winner of any such engagement or agreement.
- Release and Limitation of Liability. By participating in the Contest, you agree to release, indemnify and hold harmless Sponsor, the Hosts, Facebook, Instagram, each of their respective parent and related companies, and each such company’s respective officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of or related to, directly or indirectly, in whole or in part, your participation in the Contest, creation of your Entry or Video Clip, or receipt, use or misuse of any prize, including, but not limited to: (a) claims that your Entry or Video Clip violates any intellectual property, publicity or other rights; (b) claims arising from any use or other exploitation of, or failure to use or exploit, your Entry or Video Clip; (c) claims arising from any breach or alleged breach by you of these Official Rules; (d) claims arising from unauthorized human intervention in the Contest; (e) claims arising from technical or printing errors; (f) claims arising from lost, late, postage-due, misdirected or undeliverable mail or email; (g) claims arising from errors in the administration of the Contest or the processing of Entries; (h) claims arising from injury, death or damage to persons or property; or (i) claims based on defamation, infringement of intellectual property rights or on the rights of publicity or privacy. You further agree that in any cause of action, the Released Parties’ liability will be limited to the actual out-of-pocket costs associated with participating in the Contest, and in no event shall the Released Parties be liable for attorneys’ YOU WAIVE ANY RIGHTS OR CLAIMS TO INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY SO THE ABOVE MAY NOT APPLY TO ALL ENTRANTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
- Disputes. To the extent permitted by applicable law, by entering the Contest, you agree that any and all disputes, claims and causes of action arising out of the Contest 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, New York. All issues and questions concerning these Official Rules, your rights and obligations, or Sponsor’s rights and obligations shall be governed by the laws of the State of New York, without giving effect to any choice of law or conflict of law rules.
- General Conditions. In the event that the operation, security or administration of the Contest is impaired in any way for any reason, Sponsor may, in its sole discretion, suspend, modify and/or cancel the Contest and, if feasible, select a potential winner from among eligible, salvageable and non-suspect entries received on or before the termination date. Inclusion in such selection process shall be each entrant’s sole and exclusive remedy under such circumstances. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the operation of the Contest or to be acting in violation of these Official Rules or in a disruptive manner. Any attempt by any person to undermine the operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. In the event of a dispute as to any entry, the authorized account holder of the account used to enter will be deemed to be the entrant. The potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder. Proof of uploading an Entry or Video Clip does not constitute proof of entry. 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. 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.
- Results. For the results, go to the clapit app on July 15, 2017 from 12:00 p.m. until 10:00 p.m. ET, or clapit.com beginning July 15, 2017.