Universal Pictures Pitch Perfect 3 Musical.ly Contest (the “Contest”)
OFFICIAL RULES (the “Official Rules”)
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. MANY WILL ENTER, FEW WILL WIN.
1. DESCRIPTION OF THE CONTEST: The Contest is designed to give entrants (“Entrants”) the opportunity to win either a “shout-out” on Jordyn Jones ( “Jones”) or Carson Lueders’ (“Leuders”) Musical.ly platform or the opportunity to perform a duet with Baby Ariel (“Ariel”) (each an “Influencer” and collectively the “Influencers”) on Ariel’s Musical.ly platform. A “shout-out” on Jones or Lueders’ Musical.ly platform or the opportunity for Ariel to perform a duet with the Winner on Ariel’s Musical.ly platform (the “Prize”).
2. ELIGIBILITY: The Contest is open only to individuals who are a legal resident currently residing in the contiguous forty-eight (48) United States and are above the age of thirteen (13). Individuals who are employees, officers, directors, agents or representatives of Awesomeness, LLC (“ATV”) (the “Sponsor”), any parent companies, affiliates, subsidiaries, advertising, production and promotion agencies or suppliers of materials or services related to the Contest, as well as their immediate family members (defined as parents, children, siblings and spouses, regardless of where they live) and those with whom such individuals are domiciled (whether related or not) are not eligible. If Entrant is under the age of majority in his/her state of residence, by entering the Contest, Entrant’s parent or legal guardian represents and warrants that Entrant has their consent to enter the Contest. Sponsor reserves the right to confirm such consent at any time by any manner including by having Entrant’s parent or legal guardian sign a parental consent form. Prizes will be awarded in the name of the Winner’s (as defined below) parent or legal guardian. Any reference to “Entrant” herein shall be deemed to include his/her parent or legal guardian, as applicable.
3. HOW TO ENTER: The Contest begins on December 8, 2017 at 12:00 PM PST and ends on December 13, 2017 at 11:59 PM PST (“Contest Period”). To enter, Entrants must (i) have a Musical.ly Account, (ii) submit a Musical.ly Musical (“Video”) through the Musical.ly mobile application, (iii) perform the same song as their chosen Influencer, (iv) contain “#PP3LastCall” in the description box of the Musical.ly, (v) tag the selected Influencer associated with the song performed in the Entrant’s Musical.ly video, and (vi) agree to the terms and conditions of Musical.ly’s General Terms and Conditions, a copy of which can be found at http://musical.ly/privacy.html. (each an “Entry” and collectively the “Entries”). In the event that an Entrant us under the age of thirteen (13) Entrant’s parent or legal guardian must appear in the Entry.
LIMIT: One Entry per person. Entries must be posted and not taken down on Musical.ly platform during the Contest Period. Each Entry must be submitted by the Entrant him or herself. Entries posted after the close of the Contest Period or by any other method of entry will be automatically disqualified. All Entries must comply with the Entry Requirements set forth below. Sponsor reserves the right to disqualify any Entry that it deems in its sole discretion is inappropriate or does not conform to these Official Rules. Entrants agree to be bound by and acknowledge compliance with these Official Rules.
4. ENTRY REQUIREMENTS: By entering the Contest, each Entrant represents and warrants that their Entry complies with the following:
1. The Entry must be Entrant’s original work, created solely by Entrant; must not have been previously published, released or distributed in any form; must not have won any award; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity.
2. The Entry must not contain or reference any names, products or services of any company or entity other than Sponsor or any third-party trademarks, logos, trade dress or promotion of any brand, product or service.
3. Entries that are lewd, obscene or indecent, sexually explicit or suggestive, pornographic, disparaging, defamatory, libelous, or Entries that otherwise contain inappropriate content or objectionable material may not be submitted and will be disqualified in Sponsor’s sole and unfettered discretion.
Sponsor reserves the right in its sole and unfettered discretion to disqualify any Entry for any reason, including but not limited to a violation or potential violation of any of the foregoing requirements or a failure to comply with any provision of these Official Rules. The decisions of Sponsor on this and all matters pertaining to the Contest shall be final and binding.
5. GRANT OF RIGHTS: Each Winner (defined below) hereby grants all right, title and interest in and to his/her Entry and his or her name, voice and likeness in connection with the Contest, to Sponsor for use in any and all manner or media (whether now known or hereafter devised) anywhere in the world, in perpetuity, for any purpose, including without limitation, for purposes of advertising Sponsor or Sponsor’s product or services. Winner’s parent or legal guardian, as applicable, agrees to sign a release to this effect. Entrants agree to indemnify and hold Sponsor harmless from and against any suits, claims, losses, damages and expenses, including reasonable attorney fees, that it may sustain from any breach of a representation or warranty made by the Entrant or the use of any rights granted by the Entrant to Sponsor hereunder including, without limitation, the publication, use or exploitation of the Entry as contemplated herein. By entering the Contest, Entrants hereby grant Sponsor the right to contact Entrant via email for promotion and marketing purposes.
6. WINNER SELECTION: On December 14, 2017 (“Selection Date”) a representative of Sponsor will select the Entrant to receive the Prize (the “Winner”) per each Influencer. Winner will be notified by December 15, 2017 by approximately 12:00 PM PST via Musical.ly direct messaging from ATV’s Musical.ly’s account. Entrants must have their Musical.ly privacy setting set to allow ATV’s Musical.ly to send a direct.ly message. In the event that Winner is a minor, Winner must provide their or parents/legal guardian’s email address in order to be declared the Winner via direct.ly messaging in order to receive, sign, and return affidavit. Prior to being declared the Winner, the potential Winner, and such potential Winner’s parent or legal guardian, if applicable, will be required to complete, sign and return an affidavit of eligibility and liability and publicity release form (the “Release”), by December 16, 2017 at 5:00 PM PST. The Prize will be forfeited if documents are not returned signed and complete, within the timeframe required, or the Winner is found to be ineligible or otherwise not in compliance with these Official Rules.
7. PRIZES: The Prizes shall consist of either: (i) one (1) “shout-out” Musical.ly on Jones’ Musical.ly platform currently located at @JordynJones; (ii) (one (1) “shout-out” Musical.ly on Lueders’ Musical.ly platform currently located at @CarsonLueders; or (iii) one (1) duet Musical.ly on Ariel’s Musical.ly platform currently located at @BabyAriel. The approximate retail value (“ARV”) of each Prize is Five Hundred U.S. Dollars (USD $500).
ARV determined as of December 8, 2017. Winner is not entitled to the difference, if any, between the actual and approximate retail value of the Prize. The Prize must be accepted as awarded, is non-transferable, non-exchangeable and not redeemable for cash or otherwise. Sponsor reserves the right to substitute a Prize for one of equal or greater value if a designated Prize should become unavailable for any reason, or for any other reason in Sponsor’s sole discretion. Sponsor makes no representations or warranties with respect to any Prize. Any other costs or expenses associated with the Prize will be the sole responsibility of selected Winner. The Winner is solely responsible for all applicable taxes on prizes.
Limit: One (1) Prize per person and per household.
Sponsor will make arrangements for fulfillment of the Prize. If the Contest is canceled or rescheduled for any reason, or if the Winner does not comply with the terms set forth herein, then Sponsor shall have no further obligation to the Winner. Sponsor may require that the Winner sign additional documents relating to the Prizes.
8. ODDS OF WINNING: The odds of winning are determined by and depend upon the total number of eligible Entries received during the Contest Period. Many will enter, few will win.
9. INTELLECTUAL PROPERTY: Ownership of the pre-existing underlying intellectual property rights in the musical composition and sound recording selected by entrant for the Video remains the property of its respective owners. By participating in the Contest, each entrant grants to Sponsor a worldwide, non-exclusive, perpetual, fully paid, royalty-free, transferable right to reprint, display, reproduce, perform, use, and exhibit (including the right to make derivative works of) the Video (subject to the underlying intellectual property rights in the composition and recording utilized by entrant) and materials and information submitted on and in connection with the Contest or use or receipt of the prize for any and all purposes in any medium. [Except with regard to the underlying song], each participating entrant hereby warrants that any Video and other materials and information provided by entrant are original to entrant and do not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity, moral rights or other intellectual property or other rights of any person or entity, and do not violate any rules or regulations. If the Video or Entry information or materials provided by entrant contain any material or elements that are not owned by entrant and/or which are subject to the rights of third parties, entrant represents he or she has obtained, prior to submission of the Video and Entry information or materials, any and all releases and consents necessary to permit use and exploitation of the Video and information and materials by Sponsor in the manner set forth in the Official Rules without additional compensation.
Except with respect to the underlying song, each entrant warrants that the Video and Entry materials and information provided do not contain information considered by entrant or any other third party to be confidential, and that the Video, Entry materials and information provided do not violate any laws or regulations. Entrant agrees that Sponsor has the right to verify the ownership and originality of all Videos and that, upon Sponsor’s request, entrant must submit a written copy of any release or permission entrant has received from a third party granting entrant the right to use such property. Entrant understands and acknowledges that in the event a submission is selected as a winning Video, and entrant’s ownership, rights and the originality of the Video cannot be verified to the satisfaction of Sponsor or is in any other way ineligible, Sponsor may select an alternate winner based on the same judging criteria.
10. PERSONAL INFORMATION/PUBLICITY: Sponsor will collect, use, and disclose the personal information provided at the time of entry for the purposes of administering the Contest and prize fulfillment. By entering this Contest, Entrant consents to such collection, use, and disclosure of Entrant’s personal information. By accepting a prize, Entrant agrees to Sponsor’s use of his/her name, city/state of residence, likeness, biographical information, statements, voice and likeness in any advertising and publicity Sponsor may conduct relating to the Contest in any manner or media (whether now known or hereafter devised), anywhere in the world, in perpetuity.
11. RIGHT TO VOID / TERMINATE / SUSPEND / MODIFY: Sponsor reserves the right to terminate, suspend or modify this Contest, or these Official Rules, in whole or in part, at any time and without notice or obligation if, in Sponsor’s sole opinion, any factor interferes with its proper conduct as contemplated by these Official Rules. Without limiting the generality of the foregoing, if the Contest, or any part thereof, is not capable of running as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole opinion of Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor may, in its sole discretion, void any suspect entries and: (a) terminate the contest, or any portion thereof; (b) modify or suspend the contest, or any portion thereof, to address the impairment and then resume the contest, or relevant portion, in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the Prize from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection criteria discussed above.
12. GENERAL CONDITIONS: Winning a Prize is contingent on fulfilling all the requirements set forth herein. Mass entries, automated entries, entries submitted by third parties, and any entries or prize claims that are late, incomplete, fraudulent, illegible, unidentified or delayed will be void. All entries and prize claims are subject to verification. Proof of entry does not constitute proof of receipt. Entrants agree to abide by these Official Rules. Decisions of Sponsor will be final and binding on all matters pertaining to this contest. Contest is subject to all applicable federal, state and local laws. Void where prohibited. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, then the Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Should a Winner make any false statement(s) in any document referenced above, the Prize will be promptly removed from Musical.ly. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process, the operation of the contest, violates these Official Rules, or acts with intent to annoy, abuse, threaten or harass any other person. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
13. LIMITATIONS OF LIABILITY AND RELEASES: BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE THAT THE SPONSOR AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, SUCCESSORS, ASSIGNS AND AGENTS (THE “RELEASED PARTIES”) HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS AGAINST, ANY LIABILITY FOR ANY INJURIES, CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES OF ANY KIND TO PERSONS OR PROPERTY RESULTING FROM ENTRY OR PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE. Without limiting the foregoing, the Released Parties shall not be responsible for: (a) any incomplete or inaccurate information that is caused by contest Website users, or by any of the equipment or programming associated with or utilized in the contest, or by any technical or human error which may occur in the processing of Entries in the contest; (b) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections; (c) the theft, destruction, loss or unauthorized access to, or alteration of, entries; (d) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (e) garbled transmissions or miscommunications; (f) failure of any Twitter post to be received by or from Sponsor for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility; (g) damage to a user’s computer equipment (software or hardware) occasioned by participation or downloading of materials related to this contest; (h) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; or (i) technical, pictorial, typographical or editorial errors or omissions contained herein.
14. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants or Sponsor in connection with the contest shall be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state laws. Claims may not be resolved through any form of class action. Venue for all suits will be in federal or state courts located in Los Angeles, CA.
15. NO RESCISSION OR INJUNCTIVE RELIEF: All rights granted to Sponsor hereunder are irrevocably vested. No breach by Sponsor of these Official Rules or any other agreement will entitle an Entrant or Winner to equitable relief, whether injunctive or otherwise, against or with respect to such party’s content or any other works produced pursuant to the rights granted under these Official Rules or any other agreement, or the exploitation of such works.
16. MUSICAL.LY: This Contest is in no way sponsored, endorsed or administered by, or associated with, Musical.ly. By entering the Contest, participants fully release Musical.ly from any liability. You understand that you are providing your information to Sponsor and not to Musical.ly. The information you provide will only be used in connection with this Contest and by Sponsor for contact purposes generally. As such, please direct any questions, comments or complaints regarding the promotion to the Sponsor.
17. WINNERS’ LIST: A copy of the winners’ list may be obtained by sending a self-addressed stamped envelope postmarked by December 20, 2017 and received by December 27, 2017, to: “Universal Films Pitch Perfect 3 Musical.ly Contest” c/o Awesomeness, LLC, 2701 Olympic Boulevard, Building B, Santa Monica, California 90404, Attention: Marketing Department.
18. SPONSOR: The Sponsor of this Contest is Awesomeness BP, LLC, 2701 Olympic Boulevard, Building B, Santa Monica, California 90404.