**CONTEST IS NOW CLOSED**
This contest (this “Promotion”) is offered by Boy Meets Girl®, LLC. These Rules govern the Promotion and they constitute an agreement between Sponsor and any person who acts to enter or participate in the Promotion or otherwise assents to these Rules (“you,” “your,” etc.). Such action or other assent constitutes your unconditional agreement to these Rules.
1. ELIGIBILITY: Participation in the Promotion is open only to persons who, at the time of entering, (a) have reached the legal age of majority where they reside and (b) are legal residents of (i) Canada, but excluding Quebec, (ii) of the United States (excluding Rhode Island), (iii) the United Kingdom or (iv) Australia. Employees of Sponsor or its Affiliates (defined below), or of any advertising agencies or promotional agencies, however, are not eligible to participate in the Promotion; nor are any immediate family members (mother, father, brother, sister, son, daughter, or spouse) of any such employees nor any person residing in the same household as any such employees. The Promotion is subject to all applicable laws and regulations. Notwithstanding any other terms of these Rules, this Promotion is VOID WHERE PROHIBITED BY LAW.
2. HOW TO ENTER: Entries will be accepted beginning at 12:00 p.m. Eastern Standard Time (“EST”) on August 22, 2013 and end at 11:59 p.m. EST on August 29, 2013 (the “Promotion Period”).
To enter, please complete the following steps:
1) Follow @BoyMeetsGirlusa and @JustDanceGame on Instagram®.
2) Take a video of yourself showing off your best dance moves in your favorite “Boy Meets Girl” themed outfit and upload it to Instagram® (the “Video”).
3) Upload the Video to Instagram® with the hashtags #BoyMeetsGirl and #JustDance2014 with the post.
4) Leave your email address in the Comment section when you upload your video so we can contact you personally if you won.
All Videos must be uploaded by 11:59 p.m. EST on August 29, 2013. There is no limit to the number of Videos an entrant may submit.
Please see Sponsor’s Privacy Statement (located at http://www.boymeetsgirlusa.com/privacy/) for details of Sponsor’s use of personal information collected in connection with this Promotion. These Rules govern any conflict, however, between the terms of such Privacy Statement and these Rules. You also agree to abide by Instagram’s Community Guidelines (located athttp://help.instagram.com/477434105621119/) and any other terms and conditions set forth by Instagram or instaDM or applicable to your use of the Instagram or instaDM services. Any failure to comply with these terms may result in automatic disqualification from the Promotion.
Each Video, in its entirety, must be a single work of original material taken by the entrant. By entering this Promotion, you represent and warrant that (i) each submitted Video is an original work created solely by you, (ii) no submitted Video infringes upon the copyright, trademark, moral right, right of privacy or publicity, or any other intellectual property right of any other person or entity, (iii) no other party has any right, title or interest in or to any submitted Video and (iv) no submitted Video may contain obscene, defamatory or otherwise objectionable or inappropriate content.
Sponsor, in its sole discretion, may disqualify any Video that Sponsor determines was obtained or submitted through unauthorized means or sources, is not original, is illegal, reproduced, stolen, forged, counterfeited, irregular, or is otherwise non-compliant with these Rules.
Costs associated with entering the Promotion (if any) are your responsibility and are dependent on the internet service provider, telecommunications provider or other third party used to enter the Promotion.
3. PRIZES: The grand prize consists of: (A) a $500 USD gift code from Sponsor’s online store located at www.boymeetsgirlusa.com; (B) the Just Dance® 2014 video game for console of winner’s choice (Available in Wii, Wii U, Xbox 360, XBConnect, PlayStation®3, PS3 Move); (C) Just Dance® t-shirt ; (D) admission to the Just Dance® with Boy Meets Girl® fashion show in New York on September 12, 6:30 p.m. EST. Travel and Transportation not provided. The approximate total retail value of this package is $1,000 USD. The determination of Sponsor of the value of the grand prize is final and binding. The right to the grand prize (or any part thereof) is non-transferable and must be accepted as awarded without substitutions (in cash, in kind, or otherwise) except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the grand prize (or any part thereof) for an item (including cash) of equivalent or greater value if for any reason, in Sponsor’s discretion, the grand prize (or any part thereof) cannot, or without hardship cannot, be awarded as described in these Rules. Sponsor accepts no responsibility or liability for any variation in the value of the grand prize. Any and all taxes (including, without limitation, income taxes) and other costs and expenses arising from or relating to the grand prize (or any substitution) or its delivery (including shipping and related taxes, tariffs and duties of any purchases made by the grand prize winner using a gift card won in this Promotion), transfer, receipt, acceptance, possession, use or disposition is solely the responsibility of the grand prize winner, except for a single instance of shipping and handling arranged by Sponsor for the items awarded to the grand prize winner.
4. JUDGING; SELECTION AND NOTIFICATION OF WINNERS: The grand prize winner will be selected by the Sponsor on Friday, August 30, 2013 at 12:00 p.m. EST among all eligible entries received by 11:59 p.m. EST on August 29, 2013, based on the judging criteria set forth below. By participating, entrants agree to be bound by these Rules and the decisions of the Sponsor and/or the judges, which shall be final and binding in all respects. This Promotion is a skill-based contest. Chance plays no part in the determination of the winner.
The Videos will be judged by Stacy Igel, Founder/Creative Director of Boy Meets Girl® on the basis of creativity, composition, style, theme and authenticity/uniqueness.
Before being deemed the official winner, the prospective winner will be required to sign and return to Sponsor a notarized affidavit, waiver, release and confirmation of eligibility and compliance with these Rules (the “Affidavit”). Sponsor will attempt to notify the prospective winner via e-mail (using the email provided in the entry) on or after 12:00 p.m. EST Friday, August 30, 2013. The prospective winner shall be deemed to have forfeited his or her right to win the Promotion or receive the grand prize if any of the following occur: (i) if the prospective winner does not respond to Sponsor’s e-mail notification within seventy-two (72) hours from the date of Sponsor’s notification email, (ii) if the prospective winner fails to complete and return the Affidavit to Sponsor within five (5) business days after receipt thereof, (iii) if, in the Sponsor’s sole discretion, the prospective winner fails to comply with these Rules or is deemed to be ineligible or disqualified for any reason, or (iv) the grand prize is returned or reported as undeliverable. In the event that the prospective winner is deemed to have so forfeited his or her rights, another prospective winner shall be selected based upon the same judging criteria and obligations as set forth in these Rules. This process may be repeated until the grand prize has been awarded and delivered.
5. RELEASE AND CONSENT; LICENSE: By participating in this Promotion, each entrant agrees to release Sponsor and the other Released Parties (as hereinafter defined) from any and all liability, claims, injuries, losses, harm or damages of any kind caused by, arising from or otherwise related to this Promotion in any manner. In addition to Sponsor, any Released Party may enforce any provision of these Rules that specifically addresses a Released Party and, according to its express terms, represents an actual or potential protection or benefit for the Released Party. As used in these Rules, “Released Party(ies)” means and includes, Sponsor and its Affiliates (as hereinafter defined), Instagram, Just Dance®, Sponsor’s marketing partners, suppliers and advertising and/or promotion agencies, any person or entity providing, supplying, fulfilling, delivering or honoring any Prize, any of the Affiliates of any of the foregoing and any of the directors, officers, employees, contractors, agents or representatives of any of the foregoing. For purposes of these Rules, an “Affiliate” of an entity, association, business or other specified person is an entity, association, business or person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, such specified entity, association, business or person.
Except where prohibited by law, by entering the Promotion, you hereby consent to Sponsor’s and its Affiliates’ publication dissemination and/or other use of your Video(s), picture, name, address, voice, likeness and/or statements for legal, information, editorial, marketing, promotional or publicity purposes in any media, whether now known or hereinafter devised, without further compensation. By entering the Promotion, you hereby grant an irrevocable, perpetual, worldwide, fully paid, non-exclusive license to Sponsor and its Affiliates, to reproduce, distribute, display and create derivative works of the Video(s) (with or without attribution) for any lawful purpose. You further consent to Sponsor and its Affiliates doing or omitting to do any act that would otherwise infringe upon your “moral rights” in your Video(s), and you hereby waive any “moral rights” you have in or to your Video(s).
6. DISCLAIMERS AND NOTICES: To the extent permitted by law (including, without limitation, the laws of the United States, Canada, Australia, England and Wales), Sponsor is not responsible for (i) Videos that are incomplete, lost, damaged, destroyed or unintelligible; (ii) technical failures of any kind; (iii) any condition caused by events beyond Sponsor’s control which disrupts or interferes with the Promotion; or (iv) any injury, loss, damage or liability of any kind arising out of or relating to your participation in the Promotion or the delivery, transfer, receipt, acceptance, possession, use or disposition of the grand prize (or any substitution).
Sponsor reserves the right at its sole discretion to (i) modify, postpone, defer or cancel the Promotion at any time and with or without notice, (ii) disqualify any individual that tampers or attempts to tamper with the entry process, violates these Rules or acts in an inappropriate or disruptive manner, or with intent to annoy, abuse, threaten or harass any person, or (iii) verify the validity of entries and your identity, age and place of residence.
SPONSOR MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, WITH REGARD TO THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY COMPONENT OF THE GRAND PRIZE (OR ANY SUBSTITUTION THEREOF). ANY ATTEMPT BY YOU OR ANY PERSON TO DELIBERATELY DAMAGE A WEBSITE OR PROMOTION-RELATED MECHANISM OR PROCESS OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) FROM ANY ENTRANT OR OTHER PERSON TO THE FULLEST EXTENT OF THE LAW.
Any and all claims, judgments, and awards shall, in addition to any limits and exclusions provided for elsewhere in these Rules, be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees or litigation, arbitration or mediation costs or expenses of any kind. TO THE EXTENT PERMITTED BY LAW (INCLUDING, WITHOUT LIMITATION, THE LAWS OF THE UNITED STATES, CANADA, AUSTRALIA, ENGLAND AND WALES), UNDER NO CIRCUMSTANCES WILL SPONSOR OR ANY OTHER RELEASED PARTY BE LIABLE FOR ANY DAMAGES THAT, IN THE AGGREGATE (REGARDLESS OF THE NUMBER OF CLAIMS OR CLAIMANTS, AND REGARDLESS OF THE TIMING OF CLAIMS), EXCEED $500, NOR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY REGARDLESS OF THE BASIS OF, OR THEORY OF RELIEF REGARDING, ANY CLAIM OR ACTION (INCLUDING, WITHOUT LIMITATION, ANY FORM OF NEGLIGENCE OR STATUTORY OR REGULATORY VIOLATION) AND REGARDLESS OF WHETHER SPONSOR OR ANY OTHER RELEASED PARTY WAS AWARE OR NOTIFIED OF THE HARM, DAMAGE OR LOSS SUFFERED OR ALLEGED. The protections and benefits of this Section 6 shall be construed as also applying for the protection and benefit not only of Sponsor but of all Released Parties as well.
7. APPLICABLE LAW AND VENUE: This Promotion is subject to all applicable laws and regulations. However, all issues, allegations, claims, actions or disputes concerning compliance or noncompliance with these Rules or the construction, validity, interpretation, enforceability or breach of these Official Rules (collectively, “Rules-Related Disputes”), shall be governed by the laws of the State of New York without regard to conflicts of laws principles. All Rules Disputes and all other claims, actions and disputes arising out of or connected with this Promotion or the Rules will be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York County, New York. Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York.
8. WINNER LIST: The identity of the grand prize winner will be published approximately one (1) day after the winner has been finally declared and the grand prize (or any part thereof) have been finally awarded. Such publication will be posted towww.boymeetsgirlusa.com, and shall remain on the website for at least one (1) month. For the name of the grand prize winner, you may also send a self-addressed, stamped envelope to: Boy Meets Girl® Marketing Department, 1411 Broadway, 8th Floor, New York, NY 10018. Such requests must be received no later than six (6) months after the Promotion is closed to further entries.
9. GENERAL: Subject to the license in Section 5 above, (i) all entries, submissions, information, materials and content, and any prize claims, become the property of Sponsor upon submission or delivery and will not be returned and (ii) upon submission, Sponsor will own all right, title and interest in and to the entries, submissions, materials and content provided by you, in perpetuity and throughout the universe, in all media and forms of expression and communication now known or hereafter developed. In the event of any conflict between these Rules and any statement, document or communication relating to the Promotion, these Rules shall prevail.
10. NON-ENDORSEMENT: This Promotion is not sponsored, endorsed or administered by, nor associated with, Instagram®.
Boy Meets Girl®, LLC
1411 Broadway, 8th Floor
New York, NY 10018
BOY MEETS GIRL®, and all related names, logos, product and service names, designs and slogans are trademarks of Jacques Moret, Inc..
© 2013 Boy Meets Girl®. All rights reserved.