The #JBLDanceOff Contest (“Contest”)

  1. Official Rules.  The Contest  is subject to these Official Rules (the “Official Rules”). No purchase is necessary to enter or win. A purchase or payment will not increase your chances of winning. The Contest is sponsored by Harman International Industries, Incorporated, 400 Atlantic Street, Stamford, CT 06901 (the “Sponsor”).
  2. Eligibility.  The Contest is open to legal residents of the United States (but excluding U.S. military installations in foreign countries and all other U.S. territories and possessions), who are the legal age of majority in their state of residence (and at least 18) at the start of the Contest (“Entrant”).  By participating in the Contest, Entrant agrees to be fully and unconditionally bound by these Official Rules and the decisions of Sponsor.  Entrant must have an internet connection and an Instagram account (which is free). 
  3. Contest Restrictions.  Employees of Sponsor, Willdabeast, their affiliates, Contest supervisors and members of their immediate families, and each of their respective parent companies, subsidiaries, affiliates, officers, governors, owners, distributors, retailers, advertising/promotion agencies (collectively “Released Parties”), and members of their immediate families (parent, spouse, sibling or child and their respective spouses, regardless of where they reside) and those living in the same household of each, whether or not related, are not eligible to participate or win. The Contest is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited.
  4. Social Media.  Entrants must enter the Contest through Instagram.  In addition to these Official Rules, Entrants must also abide by the terms of use for Sponsor’s and Willdabeast’s website and social media sites and Instagram. Entrants may not inaccurately tag content (e.g., do not tag yourself in a photo if you are not in it).  This Contest is in no way sponsored, endorsed or administered by Instagram.  Posting duplicate, or near duplicate updates or links may cause suspension of your Instagram account.  Entrants agree to release Instagram from any liability arising from this Contest.
  5. Privacy Disclosure.  The information you provide will be used by Sponsor for administering this Contest and for marketing purposes in accordance with Sponsor’s privacy policy found here:  https://www.jbl.com/privacy-policy.html.
  6. Contest Period.  The Contest begins at 12:00 a.m. Eastern Time (“ET”) and ends at 11:59:59 p.m. ET according to the dates outlined below (the “Contest Period”).

    Contest Entry
    Start Date

    Contest Entry
    End Date

    February 10, 2018

    March 8, 2018


    Entries must be received by 11:59:59 p.m. ET by the Contest Entry End Date according to Sponsor’s internal time clock. Entries will not be accepted if received after the Contest Entry End Date.
  7. How to Enter the Contest.  Entrants must create their own dance off video (solo or featuring others with their consent).   Entrants are responsible for obtaining any licenses or permissions for using any third party content including music.  Entries for the Contest must be submitted through Instagram and include #JBLDANCEOFF and #CONTEST (“Entry” or “Entries”).  Creating an Instagram account is free.  Go to www.instagram.com or download the app and follow the instructions.  Data charges may apply.   Sponsor reserves the right to disqualify any Entry that it believes, in its sole discretion, does not meet terms and conditions of these Official Rules.
  8. Contest Entry Restrictions.
    1. Multiple Entries.  Multiple entries allowed within the Contest Period.
    2. Disqualified Entries.  The Entry must NOT, in the sole discretion of Sponsor:
      1. Contain material that violates or infringes upon another’s rights, including but not limited to privacy, publicity or intellectual property rights (including, without limitation, trademark or copyright infringement);
      2. Contain advertising or commercial content;
      3. Depict conduct that is dangerous, illegal, or embarrassing to others;
      4. Disparage Sponsor or its products or services, Sponsor’s competitors or their products or services, or any other person or party affiliated with the Contest;
      5. Contain company names, product names, brand names or trademarks other than those owned by Sponsor, which Entrant has a limited license to use for this Contest;
      6. Contain the names, likenesses, or other factors identifying any celebrities and/or other public or private figure, living or dead, without permission;
      7. Contain material that is inappropriate, indecent, obscene, profane, hateful, tortious, defamatory, slanderous, violent  or libelous;
      8. Contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
      9. Contain material that is unlawful, or endorses or promotes unlawful conduct; and/or
      10. Contain material with which the Sponsor does not wish to associate itself, in its sole discretion.
  9. Prizes.
    1. Prize ARV.  In total there will be four (4) winners (collectively the “Contest Winners”) as set forth below.  Each winner will receive a JBL Boombox.  The retail value (“ARV”) for each prize offered during the Contest Period is $449.95, for a total of $1,799.80.
    2. Prize Restrictions.  No substitution, transfer, or cash redemption of any prizes permitted, provided however that Sponsor reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason. Contest Winners cannot assign or transfer their prize to another person or business.
    3. Liabilities.  Contest Winners are solely responsible for any and all federal, state, and local taxes on prizes.  All activities related to the prize are at the Contest Winners’ own risk and subject to whatever restrictions are imposed by the entities that govern such activities.  Contest Winners may be issued an IRS Form 1099 for the ARV of any awarded prize.
    4. Unclaimed Prizes.  If the prize notification or any prize is returned as undeliverable, or if a Contest Winner may not accept or receive a prize for any reason, the prize will be forfeited or an alternate winner selected. Sponsor may not make multiple attempts to contact potential winners. 
  10. Entry Judging
    1. Judging Criteria.  All eligible Entries received during the Contest Period will be aggregated together and judged by an immaBeast team member on the following criteria:
      60% Originality/Creativity
      30% Quality of Entry/Execution
      10% Compliance with Instructions
    2. Winner Selection.  The judge will select one (1) winner each week starting February 12, 2018, from among all eligible entries.  Non-winning entries will roll over and will be considered among all eligible entries for each weekly winner selection.  Entrants can only win once during the Contest.
    3. Tiebreakers.  In the event of a tie for Entries received and eligible for a prize after judging, the judge will take the two (2) tied potential winners and apply the judging criteria to break the tie and determine the Contest Winner.
  11. Notification of Contest Winners.
    1. Notification.  Potential Winners will be notified each week beginning February 12, 2018, and each Friday thereafter, i.e., February 19 th, 26th, and March 5th.  The potential winners will be notified by a Direct Message through their Instagram account and the winning videos will be posted on JBL’s Instagram account. Potential winners will be required to respond as directed.  Contest Winners may be required to complete and return an affidavit of eligibility and release (“Release”) within 3 days from the date of notification before Sponsor awards any prize.
    2. Alternate Contest Winners.  An alternate Contest Winner will be selected from among the remaining eligible Entries in accordance with these Official Rules if a potential winner:
      1. fails to respond to notification of winning as required by these Official Rules;
      2. fails to sign and return the Release as required by these Official Rules; or
      3. cannot accept or receive the prize for any reason.
    3. Prize Delivery.  Contest Winners will receive prizes by mail within approximately thirty (30) days of the date on which the Sponsor receives the completed, signed Release from the Contest Winners, if one was provided by Sponsor, depending upon availability and nature of prize.
  12. Publicity.  By participating in the Contest, all Entrants agree to be bound by these Official Rules and irrevocably grant the Sponsor and their respective successors, assigns and licensees the right to use such Entrants’ name, voice, photograph, video or film clips, biographical information and/or other visual likeness in any and all media or formats known or later developed without any further compensation, permission or notification for any purpose, including without limitation, commercial, advertising and promotional purposes in connection with Sponsor’s website and social media.
  13. Intellectual Property
    1. License to Submissions.  By submitting a photo, video recording, audio recording, or text as Entry into the Contest, Entrant warrants and represents that he/she personally took the photo, recorded the video or audio, or composed the written text and has any and all rights to such photo, video or audio recording, or text. All Entries, whether or not copyrightable, and any copyrights or copyrightable works or designs and other intellectual property related to or submitted in this Contest are and will become the sole property of Sponsor. By submitting an Entry, and to the extent that Sponsor does not or cannot perfect its title in and to the Entries, Entrant grants Sponsor and Willdabeast an irrevocable, royalty-free, perpetual, transferable, worldwide right to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote any Entry, as such may be edited and modified by the Sponsor in its sole discretion, for editorial, commercial, promotional and all other purposes, including posting on any websites. 
    2. Assignment of Submissions.  By entering the Contest, Entrants irrevocably assign and transfer to Sponsor and its agents, affiliates, and licensees, all rights in the Entry, including, without limitation, all copyrights.  If the Entry contains any materials or elements that are not owned by the Entrant, and/or which are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry.  Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any Entrant at any time. Failure to provide such proof may, if requested, render an Entry null and void. By submitting an Entry, Entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consent to the submission and use of the Entry in the Contest and to its use as stated in these Official Rules.
  14. Contest Interference.
    1. Impairment.  Any portion of the Contest may be canceled, suspended and/or modified, in whole or in part, if in Sponsor’s opinion any fraud, technical failure or other factor beyond Sponsor’s control impairs the integrity or proper functioning of the Contest. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in a disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person.
    2. Sponsor’s Remedies.  Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.  Entrant may not enter with multiple identities or use any automated system, bot or other device or artifice to enter or obtain more than the maximum number of qualified Entries.  Any attempt to deliberately damage or undermine the legitimate operation of the Contest may be in violation of criminal and civil laws and will result in disqualification from participation in the Contest.  Should such an attempt be made, Sponsor reserves the right to seek remedies and damages to the fullest extent of the law, including criminal prosecution.
  15. Limitations of Liability.
    1. Entrant’s Sole Remedy.  If for any reason an Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, the Entrant's sole remedy is another Entry in the same Contest during the Contest Period.
    2. Indemnification.  Entrants and Contest Winners also agree to release, discharge, indemnify and hold harmless Sponsor and the Released Parties from and against any claims, actions, liability, loss, injury or damages, disability, attorneys' fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person, including, without limitation death to Entrants, Contest Winner, or any third party, or damages or losses to property of any kind resulting in whole or in part, directly or indirectly, by any reason, from:
      1. use, redemption, acceptance, possession, ownership, or misuse of any prize;
      2. participation in any activity, event, or excursion offered in connection with the prize;
      3. use of any facility, service and/or accommodation related to the prize; or
      4. participation in any Contest-related activity or participation in this Contest.
    3. No Liability.  The Released Parties will not be liable for:
      1. late, lost, delayed, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible Entries, communications or declarations, regardless of the method of transmission;
      2. telephone system, telephone or computer hardware, software or other technical malfunctions, lost connections, disconnections, delays or transmission errors;
      3. data corruption, theft, destruction, unauthorized access to or alteration of Entries or other materials;
      4. any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Contest; or
      5. any printing, typographical, administrative or technological errors in any materials associated with the Contest.
    4. Technical Malfunctions.  Without limiting the generality of the foregoing, Released Parties are not responsible for computer malfunctions, network connections, email delivery problems, Sponsor or third party systems failure or incompatibility, typographical, technical or key-stroke errors, or interruptions in internet services, and for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen notifications.
    5. Force Majeure.  In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Sponsor’s control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor will have the right to modify, suspend, or terminate the Contest.  If the Contest is terminated before the designated end date, Sponsor may, if possible, select the Contest Winners from all eligible, non-suspect Entries received as of the date of the event giving rise to the termination.
  16. Severability.  The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not included.
  17. Governing Law and Venue.  Disputes regarding these Official Rules and/or this Contest will be governed by the internal laws of the State of New York, and each entrant irrevocably and unconditionally agrees that it will not commence any action, litigation or proceeding of any kind whatsoever against Sponsor in any way arising from or relating to this Contest or these Official Rules in any forum other than the appropriate district or State courts of the State of New York sitting in the Borough of Manhattan.
  18. Disputes.  Decisions of Sponsor are binding and final. No claimant in any dispute involving Sponsor will be entitled to claim or obtain indirect, punitive, incidental or consequential damages. Sponsor’s failure to enforce any provision in these Official Rules will not constitute a waiver of that provision.  As a condition of participating in this Contest, Entrant waives any right he/she may have to participate in a class action or have a trial by jury for any litigation directly or indirectly arising out of, under or in connection with this Contest.
  19. Contest Results:  For a list of Contest Winners and/or a copy of these Official Rules you can visit https://www.jbl.com/competitions-jbl-dance-off-rules.html OR send a hand-printed, self-addressed, stamped envelope stating the specific name of this Contest to Marketing – Promotions c/o Harman International, 400 Atlantic Street, Stamford, CT 06901.  Requests must be received within 90 days of the Contest Entry End Date.

 

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