TEEN CHOICE SUPERFAN VIDEO CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM OR FOX BROADCASTING COMPANY. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO INSTAGRAM OR FOX BROADCASTING COMPANY.
Contest Description: The Superfan Video Contest (the "Contest") starts at 9:00:01 AM Eastern Time (ET) on July 27, 2018, and ends at 11:59:59 PM ET on August 9, 2018 (“Contest Entry Period”). All applicable federal, state and local rules apply. Void where prohibited.
Throughout the Contest Period, eligible entrants will be invited to post a :15 to :45 second video to Instagram that explains why you are the ultimate “superfan” of your favorite nominee for the 2018 Teen Choice Awards (“Video”) and post your Video with the hashtag #[NomineeName]Superfan (“Required Hashtag”), as more fully set forth below (“Entry”). Eligible Videos will be judged by representatives of Sponsor. At the conclusion of the Contest Entry Period, the winner will be selected, as described herein.
By using any Required Hashtag provided by Sponsor in connection with your Entry, you are acknowledging and agreeing that Sponsor has the right to stream your Entry/post through the Instagram API or otherwise use your post as set forth herein. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Bob Bain Productions, Inc., 707 North Douglas Street, Building 1, Unit C, El Segundo, California 90245 (“Sponsor”), which shall be final and binding in all respects.
Who may enter: Contest open only to legal residents of the 50 United States and District of Columbia who are at least 13 years of age as of time of entry. Eligible entrants who are less than the age of majority in their state of primary residence (a ‘minor’) must get their parent or legal guardian’s permission to participate in the Contest. Employees, officers, and directors of Sponsor, Fox Broadcasting Company, Twenty-First Century Fox, Inc., Fox Entertainment Group, LLC, Fox Networks Group, Inc., Fox Television Group, related entities and their respective parent companies, affiliates, subsidiaries, distributors, any prize providers, any advertising or promotional agency of such entities and any and all other companies associated with this Contest (“Contest Entities”), members of their immediate families (spouse, parents, siblings and children) or households and live animals are not eligible to participate. Contest is subject to all applicable U.S. federal, state and local laws and regulations. Void where prohibited by law.
How to enter: To enter the Contest, post your Video to Instagram along with the Required Hashtags. All Videos must be posted to a non-private Instagram account and must include the Required Hashtags to be eligible as an Entry in the Contest.
Limit one (1) Entry per person and per Instagram account. Duplicate Entries by the same person will be subject to disqualification. All terms and conditions of Instagram apply. Multiple entrants are not permitted to share the same Instagram account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Instagram accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any Instagram account, the authorized account holder of the email address associated with the Instagram account will be deemed to be the entrant, as long as such person is otherwise eligible to participate. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder. Entries generated by script, macro or other automated or mechanical means are void.
Requirements of Videos: By posting your Video using the Required Hashtags, you agree that it conforms to the guidelines and content restrictions below and that Sponsor, in its sole discretion, may remove or request that you remove your Video and disqualify you from the Contest if it believes your Video fails to conform. Your Video must comply with the following and by entering you (and in the case of a minor entrant, your parent/legal guardian on your behalf) represent, warrant and agree that:
The Video you submit was created by you or you have the right to use or have received prior permission from any individual involved in the creation of the Video (“Third Party Participant”) or any individual depicted in the materials (“Identified Persons”) and you have the right to use the Video, and all elements of the Video, for purposes of this Contest and can grant the License granted herein;
The Video does not contain any prominent use of third party trademarks, trade names, brands or logos;
The Video does not depict any celebrities, anyone under the age of 13, or more than three identifiable persons (e.g., no crowd scenes);
The Video does not contain any music;
The Video is between :15 and :45 seconds in length and is primarily in English;
The Video does not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other rights;
The Video does not disparage the Contest Entities or any other person or party;
The Video is not offensive and does not contain any elements such as nudity, graphically violent imagery, sexually suggestive imagery, or is explicitly racial, profane, slanderous or visually depicts drugs, alcohol or gambling or is contrary to the interests of Contest or Contest Entities, as determined in the sole discretion of the Sponsor; and
The Video complies with the terms and conditions of Instagram.
Note: Sponsor reserves the right, in its sole discretion, to disqualify any entry in the Contest if Sponsor views the Video as potentially infringing or otherwise a violation or potential violation of a third party’s rights or if it deems the Video to be lacking in taste, quality, or to be otherwise objectionable and not in compliance with the Requirements of the Video posted above.
Entrants understand that they are posting their Videos at their sole risk. Sponsor is not responsible for any claims arising from the Videos, specifically including, but not limited to, claims for intellectual property infringement and privacy or publicity rights violations, as well as violations of Instagram’s terms and conditions.
License: Entrants retain ownership of the Video they submit, however, by entering you grant the Sponsor and its designees, the irrevocable, perpetual, fully-paid, non-exclusive right and license to reproduce, edit, prepare derivate works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, otherwise use, and permit others to use and perform throughout the world the Video in any manner, form, or format now or hereinafter created, including in and in connection with the 2018 Teen Choice Awards and the television broadcast thereof, on the Internet, and for any purpose, including, but not limited to, advertising or promotion of Sponsor and the Contest all without further consent from or payment to you or any other person or entity. The Videos may be televised, published and posted online but you agree that Sponsor has no obligation to televise, post or publish your Video, that all such broadcasting, postings or publication, if any, will be in Sponsor’s sole discretion and that the broadcasting, posting or publication of a Video does not guarantee the Video is a potential winner. You will hold harmless Sponsor, its officers, directors, employees, divisions, affiliates, subsidiaries, advertising and promotional agencies, and their licensees, succors and assigns from any claim by any third party relating to any rights in the Video.
Selection of Winner: Throughout the Contest Entry Period, eligible Videos will be judged by representatives of Sponsor based on the following criteria: (1) Appropriateness to the Theme (40%), (2) Originality (20%), (3) Creativity (20%), and (4) Enthusiasm (20%) (collectively, “Judging Criteria”). In the event of a tie, the Videos will be re-judged based on all the Judging Criteria. The Video with the highest score for each artist will be considered a potential winner, subject to the selected artist being awarded the winner of the relevant category of the 2018 Teen Choice Awards, verification of your eligibility and compliance with these Official Rules.
Winner Notification. The potential winners will be notified via a reply from Sponsor to their Video post on Instagram Direct Message with instructions on how to verify eligibility and claim the prize. Potential winner(s) will be required to email Sponsor within two (2) calendar days to sign all necessary releases and comply with all Sponsor requests to participate in the live broadcast of the show (including, without limitation, a background check to the extent permitted under applicable laws); otherwise the prize will be forfeited, and an alternate potential winner having the next highest score will be notified. In the event any potential winner is a minor, such potential winner must also have his/her parent/legal guardian complete any necessary releases on his/her/their behalf. Entry and acceptance of prize constitutes permission (except where prohibited by law) to use such winner's name, prize won, hometown and likeness for promotional purposes without further compensation.
Prize: The winner will have the chance to present their designated Artist with the Artist’s Teen Choice Award live on air during the 2018 Teen Choice Awards broadcast currently scheduled to take place on August 12, 2018, from 8:00-10:00 PM ET. There is no retail value associated with the Prize. Winner will present the award via video or some other form of virtual presentation as determined at the sole discretion of Sponsor. Should the winner be unable to award the prize due to technical limitations or for any other reason at the sole discretion of Sponsor, the winner will receive $100.
Winners are responsible for any applicable local, state and federal taxes and fees, if any. No substitution or cash alternative for prize is permitted, except in the sole discretion of the Sponsor and as described herein.
Conditions/Release: Entrants (and in the case of a minor entrant, such minor entrant’s parent/legal guardian on their behalf) on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, indemnify, defend and hold harmless the Contest Entities, Instagram, LLC, and their respective parents, affiliated companies, subsidiaries, units, sponsors, advertising and promotion agencies, and each of their respective employees, officers, directors, agents, representatives, succors and assigns (“Released Parties”), from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity, and any indirect, incidental, consequential, special, punitive or exemplary damages of any kind (even if the parties have been advised of the possibility of such loss or damages), costs and expenses (including, without limitation, attorneys’ fees) that may arise in connection with: (a) the Contest, including but not limited to any Contest-related activity or element thereof, and the entrant’s Video, participation or inability to participate in the Contest or use or misuse of any prize, (b) the violation of any third party privacy, personal, publicity or proprietary rights, (c) typographical errors in these Official Rules or any Contest materials, (d) acceptance, receipt, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability, business or creative considerations, or due to reasons beyond Sponsor’s control, including but not limited to by reason of any act of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist act, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond any of the Contest Entities’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Contest, (g) human error, (h) the failure of any third party to comply with the instructions and proper administration of this Contest, (i) incorrect or inaccurate transcription, receipt or transmission of any part of the Video (including, without limitation, the Entry or any parts thereof), (j) any technical malfunctions or unavailability of any website, app, social media platform or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Contest Entities or by an entrant, (k) interruption or inability to access the Contest, any website, app, social media platform or any online service via the Internet due to hardware or software compatibility problems, (l) any damage to entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Contest, (m) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (n) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Videos, (o) any wrongful, negligent, or unauthorized act or omission on the part of any of Sponsor, or any of its agents or employees, (p) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), (q) the collection, use and/or sharing of entrant’s personally identifiable information by Sponsor or its designees, or (r) the negligence or willful misconduct by entrant. Sponsor reserves the right to permanently disqualify from any Contest it sponsors any person it believes has intentionally violated these Official Rules and terminate the Contest if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Contest), or to select any potential winner(s) from among all eligible Entries received prior to termination. If Sponsor at any time receives a complaint (including but not limited to a cease and desist letter, general letter of complaint etc.) alleging intellectual property infringement or any other violation of any third party right pertaining to any element of a Video, Sponsor reserves the right to disqualify the Video. By participating, entrant (and in the case of a minor entrant, such minor entrant’s parent/legal guardian on their behalf) acknowledges that Sponsor, does not waive any rights to use similar or related ideas that might be contained in a Video which is otherwise not protected by law or was previously known to Sponsor or developed by their respective employees, or obtained from sources other than the entrant. If fewer qualified Video are received than the stated number of winners, Sponsor may name a fewer number of winners or cancel the Contest in its sole discretion.
Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California. THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles, California. The parties agree not to raise the defense of forum non conveniens.
Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO AND/OR USE OF ANY SITES OR APPS ASSOCIATED WITH THE CONTEST AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY SITES OR APPS ASSOCIATED WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
CAUTION: 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. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. SPONSOR'S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF ANY SUCH PROVISION.
Winner’s list: For the name of the winner, which will be available within 30 days after the Contest ends, mail a self-addressed, envelope to: Bob Bain Productions, Inc., 707 North Douglas Street, Building 1, Unit C, El Segundo, California 90245, no later than 60 days after the Contest ends.