#SWISHSWISHChallenge – OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR PARTICIPATE IN THIS AUDITION.
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 13 YEARS OLD.
VOID IN ALL JURISDICTIONS OTHER THAN THOSE STATED ABOVE AND WHERE PROHIBITED OR RESTRICTED BY LAW.
1. Eligibility
The #SwishSwishChallenge (the “Audition”) is open only to individuals who are (i) thirteen (13) 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 participate in this Audition: employees, contractors, representatives, agents, directors, and officers of izo, Inc. dba DanceOn (“Sponsor”), Katy Perry (“Presenter”), their respective parent, subsidiary and affiliated companies, marketing agencies, or any other parties involved in the administration of the Audition (Sponsor and Presenter, collectively with the foregoing companies, the “Audition 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 Audition, 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 Audition.
2. Audition Period
The entry period for the Audition commences on July 5, 2017 at 10:00:00 a.m. PST and ends on July 12, 2017 at 11:59:59 p.m. PST (“Entry Period”). Sponsor’s computer is the official time keeping device for the Audition.
3. How to Enter
To enter, during the Entry Period:
i. Step 1: Log on to your non-private YouTube, Instagram and/or Musical.ly account (or create an account on any such social media platform(s) if you do not already have one).
ii. Step 2: Post a video of you dancing to Katy Perry’s new hit single “Swish Swish” with the hashtag #SwishSwishChallenge and tag @DanceOn and @KatyPerry in your post(s) of the video. The video must also adhere to all guidelines set forth below.
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 Audition.
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 13;
b. Must incorporate the song “Swish Swish” by Katy Perry.
c. Must not contain any watermarks;
d. Must not be of poor visual and/or audio quality;
e. Must be at least ten (10) seconds long, up to a maximum of sixty (60) seconds long, including any introduction, lead-in or tag;
f. Must not have been previously submitted in connection with any promotion or competition of any kind, including this Audition;
g. Must not have been licensed to any third party in exchange for a royalty or any other form of compensation;
h. 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;
i. Must not disparage Sponsor, Presenter or any other person or party associated with the promotion of this Audition;
j. Must not in any way contain any brand names, logos, or trademarks other than those of Sponsor and Presenter;
k. Must not include personally identifiable information of individuals other than the entrant;
l. Must not depict or promote unsafe or illegal activity;
m. Must not contain any nudity, graphic violence or depictions of drug or alcohol use (or include any references to same); and
n. 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.
Submissions that violate, as determined by the Sponsor in its sole discretion, the foregoing video guidelines, will be disqualified from the Audition.
The entrant must be the rightful registered user of the social media account used to enter the Audition. In the event of a dispute as to the identity of any entrant, Sponsor reserves the right in its sole discretion to disqualify the disputed entry, or to otherwise verify the identity of such entrant. 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 Audition is in no way sponsored, endorsed or administered by, or associated with, YouTube, Instagram, Musical.ly or any other social media platform. Any questions, comments or complaints regarding the administration of this Audition should be directed to Sponsor and not to YouTube, Instagram or Musical.ly. You hereby agree to release Facebook, Instagram and Twitter from any and all liability arising from, or in connection with, this Audition.
4. Review of Videos
Sponsor, or its designee, shall review all videos and their corresponding entries as such videos and entries are submitted. Sponsor will select the best, qualified videos, as determined in Sponsor’s sole discretion and in compliance with these Official Rules to move forward to the next phase of the Audition.
5. Selected Videos and Entries
Sponsor shall notify all persons who are selected to move forward in the Audition by email or direct message (if applicable). If you receive an email from Sponsor notifying you that you have been selected to move forward in the Audition, you shall be required to respond to Sponsor’s email or direct message within one (1) business day to discuss the next steps of the Audition. 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, the next phase of the Audition may include recognition by Sponsor of entrants and their videos in one or more of the following ways, at Sponsor’s discretion:
a. Selected videos may be re-posted on any of Sponsor’s social media channels; and/or
b. Selected videos may be included in a clip countdown video that will be exhibited on any of Sponsor’s social media channels (e.g., Top 5 #SwishSwishChallenge videos).
In Sponsor’s and Presenter’s sole discretion and 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, certain persons participating in the Audition may be asked to proceed further with the Audition, and presented the opportunity to audition for the chance to appear in Katy Perry’s official music video for “Swish Swish” (the “Music Video Audition”). Sponsor shall contact any entrants of the Audition who are presented with the Music Video Audition opportunity via email or direct message (if applicable). Such entrants shall be required to respond to Sponsor’s email or direct message within one (1) business day to discuss the Music Video Audition opportunity and to arrange participation in the Music Video Audition.
PARTICIPATION IN ANY PHASE OF THE AUDITION DOES NOT GUARANTEE THAT ANY ENTRANT WILL BE SELECTED TO PARTICIAPTE IN THE MUSIC VIDEO AUDITION OR THAT ANY ENTRANT WILL RECEIVE ANYTHING OF VALUE, NOR IS ANY ENTRANT SELECTED TO ADVANCE IN THE AUDITION GUARANTEED TO RECEIVE ANYTHING OF VALUE IN CONNECTION WITH SUCH ENTRANT’S AUDITION. THE OPPORTUNITY TO PARTICIPATE IN ANY PHASE OF THE AUDITION DOES NOT CONSTITUTE A PRIZE OR ANY POTENTIAL FOR A PRIZE, FINANCIAL INCENTIVE OR NON-MONETARY COMPENSATION.
All persons asked to move forward in the Audition are subject to verification, including verification of age and residency. There is no monetary value associated with any aspect of the Audition, though to the extent that any taxes are assessed against you in connection with your participation in the Audition, you are solely responsible for any such federal, state, local or other applicable taxes.
If you (i) are determined to be ineligible or (ii) fail to respond to any email notifications or direct messages from Sponsor regarding your participation in the Audition within one (1) business day of notification or after three (3) attempts (whichever occurs first), you shall forfeit your opportunity to proceed in the Audition.
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 Audition, 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, Presenter or the other Audition Parties (collectively, “Releasees”) resulting from any individual’s participation in or attempt to participate in the Audition. 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 Audition: 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 Audition, including without limitation, as a result of unauthorized tampering, hacking, theft, viruses, bugs, worms; or destruction of any aspect of the Audition. Sponsor is not responsible for (i) lost, late, incomplete, illegible, indiscernible, or misdirected Entries or for any typographical errors in 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 Audition and/or all Audition-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 Audition. 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 Audition, 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 AUDITION 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 Audition 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 Audition, 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 Audition. 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 Audition.
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 Audition, 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 Audition will be collected and used by Sponsor and its designees for the proper administration and fulfillment of the Audition, 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 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 Presenter, so that Presenter may send you promotional emails and reminders about Presenter’s products and services. PLEASE NOTE: AGREEING TO RECEIVE FUTURE E-MAIL UPDATES WILL NOT AFFECT THE OUTCOME OF THE AUDITION 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. Sponsor
izo, Inc., dba DanceOn, 6255 Sunset Boulevard, Los Angeles, California 90028, swishswishchallenge@izo.com.