MOViN with Tiesto Dance Off Contest
MOViN 92.5 – “MOViN WITH TIESTO DANCE-OFF CONTEST”
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
YOU UNDERSTAND AND AGREE THAT BY ENTERING AND SUBMITTING YOUR VIDEO, THE VIDEO SUBMISSION WILL BE POSTED ON TIKTOK AND/OR INSTAGRAM, AND THAT YOU ARE HEREBY GRANTING TIESTO AND MOViN 92.5 THE RIGHT TO EDIT, USE, PUBLISH, POST, REPOST THE VIDEO IN ANY MEDIUM AT SPONSOR’S AND TIESTO’S SOLE DISCRETION.
- Eligibility: The MOViN 92.5 MOViN With Tiesto Dance-Off Contest (the “Contest”) is open only to listeners 18 years or older and residents Washington. In order to be eligible to win a prize in any Station contest or Contest, you and/or members of your household cannot have won any prize from MOViN 92.5 within 30 days prior to the awarding of a prize to you in a contest or sweepstakes. These restrictions apply even if you reject the prize. Prizes valued $20.00 or less (i.e., movie premiere passes and single DVD prizes) do not count towards this restriction. Void outside of Washington, and where prohibited by law. No purchase necessary to enter the Contest. Employees of Hubbard Radio Seattle, LLC and its station MOViN 92.5, 3650 131st Avenue SE, Suite #550, Bellevue, WA 98006 (the “Sponsor”), Atlantic Records, (“Promotional Participant”), Tiesto, Hubbard Radio, LLC or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Contest (collectively with Sponsor and Promotional Participant, the “Released Parties”), any radio, television or other media companies located in the Seattle area, and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members of each such employee are not eligible to enter or win. The Contest is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Contest Period: The Contest begins on March 22, 2021, at or about 12:00:00 AM Pacific Time (“PT”) and ends on April 16, 2021 (the “Contest Period”). The Contest Period will consist of a submission period where entrants can submit their Video (defined below) which begins at 12:00:00 AM PT on March 22, 2021 and ends at 11:59:59 PM CT on April 13, 2021 (“Submission Period”); and a judging period which begins on April 14, 2021 and ends on or about April 15, 2021 (“Judging Period”).
- How to Enter: To enter the Contest, during the Submission Period, eligible entrants can post a video of their best dance routine on TikTok or Instagram using the song “The Business” by Tiesto (the “Video”), and include the hashtag #movinwithtiestocontest. Please note: in order to add the song to a post on Instagram, you must record the video as a story, add the song, then download the video and upload it as a regular Instagram post. Videos should not exceed :60 seconds in length, MUST include the song “The Business” by Tiesto, as selected through either TikTok or Instagram’s music library only (no background music from any other source), and must include the hashtag #movinwithtiestocontest to be eligible. Any Video that does not include the song “The Business” by Tiesto selected through TikTok or Instagram, or does not include #movinwithtiestocontest, will be forfeited at Sponsor’s sole discretion. Limit one (1) Video submission per person during the entire Submission Period.
This Contest is not sponsored, endorsed, administered by or associated with Instagram or TikTok. By entering, you are providing your information to Sponsor and not to Instagram or TikTok.
PLEASE NOTE: If entering, entrants must adjust their TikTok or Instagram account settings to allow for receipt of messages from Sponsor. For this purpose, entrants will have to set their TikTok or Instagram account settings to ‘Public’, and take any further necessary steps to ensure receipt of any communication from Sponsor. It is solely entrant’s burden to take any steps necessary to adjust their TikTok or Instagram account settings so that messages can be sent by Sponsor. An Entrant’s non-receipt of a message from Sponsor for any reason, including for failure on behalf of entrant to adjust TikTok or Instagram account settings, shall be entrant’s, and not Sponsor’s fault. Similarly, Sponsor shall not be held liable if they are not able to view an entrant’s entry for any reason, including the failure on behalf of entrant to adjust their TikTok or Instagram account settings accordingly. By entering this Contest, each entrant agrees that the Sponsor has the right to contact the entrant by direct Message via entrant’s TikTok or Instagram accounts provided upon registrations to administer and fulfill this Contest.
Sponsor is not responsible for internet or telephone line unavailability, incomplete uploads of any Video, or other technical problems that may arise in connection with your entry into the Contest. Any attempt by any individual to enter by using multiple/different identities or any other methods may disqualify that individual from participating and winning any prize, at the sole discretion of Sponsor. By submitting a Video, you hereby acknowledge and agree that your Video may be shown or available on the Website without prior consent by or notice to you and for no additional compensation. Further, each Entrant certifies that the Video is their own original work, and that the Entrant has the right to allow the publication of the Video without restriction, and Sponsor’s use of the Video will not infringe the rights of any third parties (e.g., choreography, copyrights, trademarks, rights of publicity or privacy, etc.).
- Video Entry Requirements: Entrants agree to and understand that video may be made available to the public, including without limitation, posting on the Internet and may appear in Sponsor’s, Promotional Participants, and Tiesto’s advertising and marketing materials. Whether or not Video entries are published on the Internet, Sponsor does not covenant or guarantee any confidentiality with respect to any Video entries.
- The Video entry must not have been submitted previously in any Contest of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.
- The Video should not exceed 60 seconds in length.
- Each Video entry must be an original creation of the submitting entrant which is under no restriction, contractual or otherwise, that will prevent Sponsor’s, Promotional Participant’s, or Tiesto’s use of the Video entry, and the Video entry must be free of any and all liens, encumbrances and claims of third parties. Entrant acknowledges, agrees and warrants that, nothing in the Video entry infringes on any copyrights (including choreography), confidential information, trade secrets or trademarks belonging to any person or entity other than the Video entrant absent a suitable license, clearance or permission agreement (proof of which is required upon submission), or violates any person’s rights of privacy or publicity and that all necessary releases and permissions have been secured. Entrant agrees to indemnify and hold harmless each of the Released Parties and their respective parent, subsidiaries, and affiliates and each of their respective officers, directors and employees, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by entrant of these Official Rules or the warranties and representations made by entrant in this paragraph. Modifying, enhancing or altering a third party’s preexisting work does not qualify as entrant’s original creation.
- By uploading the Video entry the entrant agrees, for zero compensation, to grant to Sponsor, Promotional Participant and Tiesto all intellectual property rights in the Video entry and each of its constituent parts, which rights include, without limitation, the Sponsor’s right to publish, edit, make derivative works from, make available to the public, and/or reproduce the Video entry through any media available at any time during, or after, the Contest Period on any related websites, in any promotional materials, whether related or unrelated to the Contest, and at any other location, whether physical or online, that Sponsor, Promotional Participant and Tiesto, in their sole discretion, deems appropriate and necessary for the operation and promotion of this Contest. In addition, entrant warrants that any so called “moral rights” in the Video entry have been waived and entrant acknowledges and agrees that Sponsor may use any ideas from any Video entry or other submitted materials, whether or not entrant has been awarded a prize in connection with any such Video Entry or other materials. Entrant agrees to release, defend, indemnify and hold harmless each of Released Parties, and each of their parent, subsidiaries, and affiliates and each of their respective owners, employees, directors, officers, agents, and subcontractors from all claims, demands, and causes of action of any nature whatsoever which entrant or entrant’s heirs, representatives, executors, administrators, or any other persons acting on entrant’s behalf or on behalf of entrant’s estate, have or may have by reason of: (i) Sponsor’s exercise of any rights granted by entrant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor’s use of the Video entry and any portion thereof, or the likeness of any natural person therein.
- Entrants are responsible for securing necessary permissions, talent and location releases, and licenses for any visual material contained in the Video entries.
- Video Entry Content Restrictions
Video entries must not contain material that:
- Contains or depicts someone smoking or intoxicated;
- Violates or infringes another’s rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- Contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements);
- Contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous or libelous;
- References persons or organizations without their written permission;
- Disparages any persons or organizations;
- Includes threats to any person, place, business, or group;
- Is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations.
Failure of any Video entry to comply with the above “Video Entry Requirements” and “Video Entry Content Restrictions,” as determined by Sponsor, in its sole discretion, may result in disqualification of entrant. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any entry that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Contest or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. All Video entries shall become the exclusive property of Sponsor and will not be returned. Video entries must be suitable for presentation in a public forum, in sole determination of Sponsor.
- How Winner Is Chosen: Then, during the Judging Period, all eligible Videos received will be judged by Tiesto, whose decisions are final and binding in all matters related to this Contest. The Video who scored the highest using the following judging criteria and percentages will be deemed the Grand Prize winner: creativity in choreography as it relates to the song lyrics (70%), quality of Video (30%) (“Judging Criteria”). The potential Grand Prize winner will be notified by direct message on TikTok or Instagram on or about April 16, 2021. Sponsor will make up to two (2) attempts to reach the potential Grand Prize winner who must respond to the direct message winning notification with 24 hours of Sponsor sending the message. Neither Sponsor, Promotional Participant nor Tiesto are responsible for unanswered direct messages, or any technical issues resulting from potential Grand Prize winner’s failure to receive a direct message. In the event the Grand Prize winner notification is not answered within 24 hours, or after Sponsor makes two (2) attempts to reach the potential Grand Prize winner, that potential winner forfeits their right to the Grand Prize, and the next highest scoring Video will be deemed the alternate Grand Prize winner. This process will go on until a Grand Prize winner is verified pursuant to these official rules.
- Prize and Approximate Retail Value– One (1) Grand Prize – $1,000.00. ARV: $1,000.00. The Prize is non-substitutable, non-assignable and non-transferable. Sponsor reserves the right, in its sole discretion, to substitute the prize for one of equal or greater value, for any reason. Prize consists of only those items specifically listed as part of the Prize.
The Winner must meet the eligibility requirements as set forth in Paragraph 1 of these Official Rules. Winner is responsible for paying all applicable income taxes associated with accepting their Prize. Prize winner will be required to sign a liability and/or publicity release and a W9 tax form (collectively “Prize Releases”) prior to issuance of a Prize. A 1099 form will be submitted to all appropriate taxing authorities.
- Claiming the Prize: In order to collect the Grand Prize, the potential Grand Prize winner must provide his or her mailing address to Sponsor, along with the Prize Release and W9 within 10 days of receipt of such forms. Upon receipt of the mailing address, and Prize Release and W9, Sponsor will mail the Grand Prize to that winner. In the event the potential Grand Prize winner fails to verify their address or any required documents within the timeframe provided by Sponsor, he or she will forfeit his or her right to the Grand Prize. Sponsor is not responsible for lost, late, delayed, damaged, stolen or mutilated mailing of any prize. All unclaimed or returned prizes remain the property of Sponsor. Allow 4 to 6 weeks for receipt of the Grand Prize by mail.
- Participation Conditions/Release/Consent to use Likeness: By participating, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Contest; (b) release and hold harmless the Released Parties from and against any and all claims, expenses, and liability, including, but not limited to, negligence and damages of any kind to persons and property, including, but not limited to, invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s participation in this Contest, and acceptance or use or misuse of prize; (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant’s participation in the Contest and/or entrant’s acceptance, use or misuse of prize; and (d) allow Sponsor’s use for promotional purposes of his/her likeness, voice and/or address (city/state) without any additional compensation.
- General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, for any reason whatsoever, including, without limitation, fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction or if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the participation process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Only the type and quantity of prizes described in these Official Rules will be awarded. The invalidity or unenforceability of any provision of these rules shall 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 rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability: The Released Parties as set forth above are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited, to malfunctions, interruptions or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the participation process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of phone calls; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any Prize.
- Disputes/Governing Law: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or the prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court of Washington; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ or legal fees; and (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with this Contest shall be governed by, and construed in accordance with, the laws of the State of Washington, without giving effect to any choice of law or conflict of law rules (whether of State of Washington, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Washington.
- Official Rules/Winner’s List: For a copy of these Official Rules, see movin925.com until May 13, 2021. For the name of the winner, send a self-addressed stamped envelope by April 20, 2021, to: MOViN With Tiesto Dance-Off Contest Winner, 3650 131st Ave SE, Suite #550, Bellevue, WA 98006.
- Sponsor: Hubbard Radio Seattle, LLC and its station MOViN 92.5, 3650 131st Ave SE, Suite #550, Bellevue, WA, 98006.