NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.
OPEN ONLY TO DANCEFIGHT USERS WHO ARE THIRTEEN (13) YEARS AND OLDER AT THE TIME OF ENTRY.
CONTEST OVERVIEW:
DURING THE CONTEST PERIOD, DANCERS ARE PAIRED WITH OTHER DANCERS IN A BRACKET-STYLE TOURNAMENT WHERE VOTING DETERMINES WHO WINS AND MOVES ON TO THE NEXT ROUND. DANCERS USE THE DANCEFIGHT APP TO RECORD AND POST THEIR DANCES. DANCEFIGHT COMMUNITY MEMBERS DETERMINE WHO WINS EACH ROUND. DANCERS COMPETE FOR A CHANCE TO WIN THE GRAND PRIZE – $300 IN CASH PRIZES. THE WINNER WILL BE CONTACTED AT THE END OF THE PROMOTION PERIOD AND WILL HAVE 72 HOURS TO ACCEPT.
The DanceFight “The Hardest Pop (Popping)” Presented by DanceFight $300 Prize Contest (“Promotion”) is sponsored and administrated by Virtual Arts Inc., located at 411 West Monroe, Austin, TX, 78704 (“Sponsor” and “Administrator”). The Promotion consists of a skill-based “Contest”. To participate in the Promotion an eligible entrant must download and install the DanceFight app (“App”), available at no cost from the App Store or Google Play. MSG & DATA RATES MAY APPLY. NOT ALL MOBILE TELEPHONE/WIRELESS PROVIDERS CARRY THE SERVICE NECESSARY TO PARTICIPATE IN THE PROMOTION. ENTRANTS SHOULD CONSULT THEIR WIRELESS PROVIDER’S PRICING PLANS. Please note that an entrant must agree to comply with the DanceFight Terms of Use (https://dancefightapp.com/terms/) and Privacy Policy (https://dancefightapp.com/privacy/) in order to participate in the Promotion.
1. PROMOTION PERIOD:
The following are the stages of the contest (collectively, the “Promotion Period”):
The Sponsor’s computer is the Promotion official clock.
2. ELIGIBILITY: This Promotion is offered only to DanceFight users who are at least age 13 years old at the time of entry. Employees, contractors, directors and officers of Sponsor, the independent third party administrator of the Promotion (“Administrator”), and any of their respective parent, subsidiary and affiliated companies, Web design, advertising, fulfillment judging and promotion agencies involved in the administration, development, fulfillment and execution of this Promotion (collectively, the “Promotion Entities”), and the immediate family members (i.e., spouse, parent, child, sibling, and the “steps” of each as well as their respective spouses) and persons living in the same household of each, whether or not related, are not eligible to participate in the Promotion. Void where prohibited or restricted by law. All applicable federal, state and local laws apply.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor or Administrator.
3. HOW TO ENTER AND PLAY THE CONTEST:
The following are the steps for eligible entrants to enter and play the Contest:
If it is discovered or suspected that a person has attempted to enter or receive Contest Entries using multiple DanceFight accounts or identities, all of that person’s Promotion Entries may be declared null and void and that person will not be awarded any prize that he/she might have been entitled to receive and such prize may be forfeited, at the Sponsor’s sole and absolute discretion.
4. SELECTION OF THE CONTEST WINNERS: Winners in each round of the tournament are established by voting within the App. Two judges selected by the Sponsor will vote. Their votes will account for two-thirds (66.67%) of the vote total. The remaining one-third of the vote tally will result from general users of the App who place votes on the entrants. When the two sources of votes (judges and general users) are totaled, the entrants with the most votes will be named winners of that round, enabling those entrants to proceed to the next round of the tournament and the next matchup in the tournament. The voting process will be repeated with each combination of entrants as they progress through the bracket-style tournament until a final winner is announced.
5. PRIZES AND APPROXIMATE RETAIL VALUE:
A. Contest Prizes (1): The Grand Prize winner, determined by the final winner in the Promotion, will win $200 (paid via Zelle, Paypal or Cashapp). Runner up will receive $50 and 3rd and 4th place will receive $25/each.
B. General Prize Conditions: The right to receive a prize is non-assignable, non-transferable and no prize substitution or exchange will be allowed, except by Sponsor who reserves the right to substitute a prize (or portion thereof) of equal or greater value in case of unavailability of prize or force majeure. Prizes cannot be redeemed for cash. The Promotion Entities shall not be responsible for any inability of any winner to accept or use any portion of a prize for any reason. Federal, state and local taxes are solely the responsibility of each winner. All other costs and expenses associated with a prize acceptance and use not expressly set forth herein shall be solely each winner’s responsibility. Promotion Entities are not responsible for any delays in prize fulfillment. In no event will more prizes than are stated in these Official Rules be awarded. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. All prize details are at Sponsor’s sole discretion. Limit: One (1) Contest Prize per person.
6. HOW TO CLAIM A PRIZE: Each winner is subject to verification and compliance with these Official Rules. Each potential winner will be notified via email (at the email address provided in the Google Doc filled out during registration for the Promotion) with instructions on how to claim a prize. Before being declared a winner, each potential winner must complete, sign and return an Affidavit of Eligibility, Liability Release, and a Publicity Release (“Affidavit”) within seventy-two (72) hours. If a potential winner is found to be ineligible or not in compliance with these Official Rules or declines to accept a prize, Sponsor or Administrator is unable to contact a potential winner, or the prize notification or prize is returned undeliverable, the prize will be forfeited, and in the Sponsor’s sole discretion, the forfeited prize may be awarded to an alternate winner. If the Sponsor wishes to select an alternative potential Contest Winner, the other entrant who competed in the last round of the tournament will be declared a potential Contest Winner. Each potential winner may be required to furnish proof of identification and other proof of eligibility under these Official Rules. Administrator will mail prizes to each winner at the address provided during winner verification within 6 to 8 weeks from the end of the Promotion Period. Each prize will only be awarded to a verified winner.
ALL FEDERAL, STATE AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF A PRIZE ARE SOLELY THE RESPONSIBILITY OF THE WINNER.
7. LIMITATION OF LIABILITY: By participating in this Promotion, entrants agree that the Promotion Entities, and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, delayed, garbled, inaccurate, misdirected, postage due or undeliverable Entries or email notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/website/use net accessibility, availability or traffic congestion; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information; or for errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing or judging of Entries, the announcement of the prizes or in any Promotion-related materials. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any website users, tampering or hacking or by any of the equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to any Promotion-related website or social media platform. The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Promotion and/or accepting or using a prize. The Released Parties shall not be responsible or liable for Entries that are entered by any automated computer, program, mechanism or device, for any entries in excess of the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries may, in Sponsor’s sole discretion, be disqualified.
If, for any reason, the Promotion is not capable of running as planned, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion and/or aspects of the Promotion, including but not limited to: the selection of winners in a manner it deems fair and reasonable, including but not limited to the selection of the winners from among eligible entries received prior to such cancellation, termination, modification or suspension. In no event will more prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the winners. This Promotion is subject to all federal, state and local laws and regulations. If Sponsor, in its discretion, elects to alter this Promotion as a result of a Force Majeure event, a notice will be posted at https://dancefightapp.com.
By entering the Promotion, each entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor and Administrator, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Promotion; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including but not limited to reasonable outside attorneys’ fees) that may arise in connection with: (a) the Promotion, including but not limited to any Promotion-related activity or element thereof, and the entrant’s registration, participation or inability to participate in the Promotion, (b) the violation of any third-party privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any Promotion materials, (d) acceptance, receipt, delivery of, possession, 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 or due to reasons beyond Sponsor’s control, including but not limited to: by reason of any acts 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 acts, 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 Released Parties’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation or modification of the Promotion, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of any registration (including but not limited to the registration information or any parts thereof), (i) any technical malfunctions or unavailability of the website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant, (j) interruption or inability to access the Promotion, any Promotion-related websites or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to entrant’s (or any third person’s) equipment used to access the Promotion and/or its contents related to or resulting from any part of the Promotion, (l) any lost/delayed data transmissions, omissions, interruptions, defects and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (n) any wrongful, negligent or unauthorized act or omission on the part of any of the Released Parties, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof) or (p) the negligence or willful misconduct by entrant.
Without limiting the foregoing, everything regarding this Promotion, including but not limited to the prize components, 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 exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
8. DISPUTES: THIS PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN TRAVIS COUNTY, TEXAS. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN TEXAS. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN TRAVIS COUNTY, TEXAS. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR PROMOTION ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORTING TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE PROMOTION, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
9. PRIVACY POLICY: Sponsor’s privacy policy is available at https://dancefightapp.com/privacy/.
10. 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 they are 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.
11. PUBLICITY RIGHTS: By participating in the Promotion and/or accepting a prize, except where prohibited, by entering the Contest, Entrant grants Sponsor and their respective 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, Entrant.
12. LIMITATION OF LIABILITY/RELEASE: No liability or responsibility is assumed by Sponsor (“Releasee”) resulting from any individual’s participation in or attempt to participate in the Contest or acceptance or use of any prize. No responsibility or liability is assumed by Releasee 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 Contest: 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 Contest, including without limitation, as a result of unauthorized tampering, hacking, theft, viruses, bugs, worms; or destruction of any aspect of the Contest. Sponsor is not responsible for (i) lost, late, incomplete, illegible, indiscernible, or misdirected Entries or for any typographical errors in the announcement of any prize or 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 Contest or announcement of any prize and/or any Contest-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 Contest or receipt or use of any prize. 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 Releasee 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 Contest or any prize, 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. 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 Contest.
13. GENERAL: Any attempted form of participation in this Promotion other than as described herein is void. If it is discovered or suspected in Sponsor’s sole and absolute discretion that an entrant has registered or attempted to enter the Promotion in excess of the stated limits using multiple social media accounts, multiple identities, proxy servers or like methods, all of that entrant’s Entries will be declared null and void, and that entrant will be ineligible to win a prize. In the event of a dispute as to the identity of a winner, the winning entry will be declared made by the authorized account holder of the e-mail address associated with the handle used to submit such entry and he/she must comply with these Official Rules. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business or educational institution) that is responsible for assigning e-mail addresses for the domain associated with the e-mail address associated with the social media handle used to enter the Promotion. Sponsor and Administrator reserve the right to disqualify any individual (and void all associated Entries) found, in its sole opinion, to be tampering with the operation of the Promotion, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Promotion. Any use of robotic, automatic, macro, programmed, third party artificial intelligence, third party augmented reality or like methods to participate in the Promotion will void any attempted participation effected by such methods and result in the disqualification of the individual utilizing such. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY PROMOTION WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING REASONABLE ATTORNEYS’ FEES) OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. Sponsor’s and/or Administrator’s interpretation of these Official Rules is final and binding in all matters related to the Promotion. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All registrations and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Promotion as set forth in these Official Rules shall prevail.
14. WINNERS LIST: To obtain a list of winners, mail a self-addressed, stamped business-sized envelope to: “The Hardest Pop (Popping)” Presented by DanceFight App. Promotion – Winners List Request, 411 West Monroe, Austin, TX, 78704.
Sponsor: Virtual Arts Inc., 411 West Monroe, Austin, TX, 78704.
Administrator: Virtual Arts Inc., 411 West Monroe, Austin, TX, 78704.
This Promotion is in no way sponsored, endorsed or administered by, or in association with, Facebook, Inc., Twitter, Inc., Instagram, Inc., Apple, Inc., Google Inc., or their respective affiliates (collectively, the “Third Parties”). You understand that you are providing your information to Sponsor and Administrator and not any of the Third Parties. Questions and comments regarding the Promotion should be directed to the Sponsor and the Administrator and not to the Third Parties.
© Virtual Arts Inc. All rights reserved.