Official Rules For January Dance Challenge 2017

HIP SHAKE FITNESS

 

HIP SHAKE FITNESS JANUARY DANCE CHALLENGE 2017

 

OFFICIAL RULES

 

NO PURCHASE NECESSARY TO ENTER OR WIN. OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES, AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO THE LAWS OF THE UNITED STATES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. BY ENTERING THIS SWEEPSTAKES, ENTRANTS ACCEPT AND AGREE TO FOLLOW AND BE BOUND BY THESE OFFICIAL RULES. FURTHER ELIGIBILITY RESTRICTIONS ARE CONTAINED IN THE OFFICIAL RULES BELOW.

 

INTERNET ACCESS AND MUSIC DOWNLOADING, VIDEO RECORDING, AND VIDEO UPLOADING CAPABILITY REQUIRED.

 

1. NAME: Hip Shake Fitness January Dance Challenge 2017 (the “Promotion”).

 

2. DESCRIPTION: This Promotion provides eligible entrants (each, an “Entrant” and collectively “Entrants”) with the opportunity to submit a thirty (30) second video (“Video Submission”) showcasing Entrants interpretation of Hip Shake Fitness’s “Shut Up & Dance, Dance Choreography” dance for consideration in accordance with the guidelines set forth herein. This Promotion is intended for amateur dancers and is not a professional dance competition. By participating in the Promotion, each Entrant agrees that he/she and his/her Video Submission complies with these Official Rules.

 

3. SPONSOR: This Promotion is sponsored by Hip Shake Fitness, LLC (“Sponsor”).

 

4. ADMINISTRATOR: The Administrator of this Promotion is Charlene Dipaola

 

5. PROMOTION PERIOD: The Promotion begins on or about 10:00 AM Pacific Time (“PST”) on January 17, 2017 and ends at 12:00 PM PST on January 31, 2017.

 

6. ELIGIBILITY: NO PURCHASE NECESSARY TO ENTER OR WIN. In order for an
Entrant to be eligible to participate in the Promotion and be considered as a potential
winner, the Entrant must meet the following eligibility criteria:

•  Entrant must be a legal United States resident physically residing within the fifty
  (50) United States;
• Entrant must be at least eighteen (18) years of age or older at the time of entry;
•  Entrant must NOT be under any contractual obligation that would conflict with
  his or her participation in this Promotion;
•  Entrant must have Internet access and music downloading, video recording, and
  video uploading capability;
• Employees of Sponsor or Administrator and their immediate families and/or those living in the same household are not eligible to enter or win. For purposes of this Promotion, “immediate families” are defined as spouses, parents, step­parents, children, step­children, siblings, step­siblings, grandparents, and their respective spouses, regardless of where they reside. By participating in this Promotion, each Entrant represents and warrants that he/she meets all eligibility requirements and acknowledges that failure to meet all eligibility requirements will render Entrant ineligible.

 

7. HOW TO ENTER:

1.  STEP 1: Entrant must visit the Promotion website located at
   https://hipshakefitness.gmkennedy.com/dance/january-dance-challenge-2017/ (“Website”), and follow the instructions;
2.  STEP 2: Follow Promotions Facebook AND Instagram;
3. STEP 3: Upload video to Facebook or Instagram;
4.  STEP 4: Tag Hip Shake Fitness on caption;
5.  STEP 5: Use #hipshakedancer;

 

8. VIDEO REQUIREMENTS: Entrants must create a video that meets the following
criteria:

• Entrants Video Submission must a be a thirty (30) second video showcasing Entrant’s interpretation of Hip Shake Fitness’s “Shut Up & Dance, Dance Choreography” dance;
• Video Submission should be inspired by Hip Shake Fitness’s “Shut Up & Dance, Dance Choreography” dance and in the same general style but is not required to be a precise interpretation;
• Entrant must be the featured dancer in the Video Submission;
• Video Submission must NOT verbally reference or include prominent third party
  logos, products, taglines, insignia, trademarks, signage or slogans;
•  Video Submission must NOT contain subject matter which is, or could be
  considered, in the sole discretion of the Judges, obscene, pornographic, violent,
  defamatory, libelous, discriminatory, offensive, threatening, profane, hateful,
  degrading, harassing, or otherwise unlawful, tortious or objectionable;
•  Video Submission should NOT contain any content that is protected by copyright
  unless the Entrant has obtained a proper copyright license to use such content in
  connection with the Promotion, or include any recognizable locations or include
  names and/or descriptions of any copyrighted media production, including,
  without limitation, films, books, music, television programming, etc;
• Entrant must be the rightful owner of the Video or must have the rights necessary
  to submit the Video for consideration and use by Sponsor in this Promotion as
  described in these Official Rules.

ONLY ONE ENTRY PER PERSON. If an Entrant fails or refuses to provide all
required information, including providing all required personal identification and contact
information, the corresponding entry will be deemed invalid and will be disqualified.
Any attempted form of entry other than as described herein is void. In the event of a
dispute, entries will be deemed to have been submitted by the person identified by name
and corresponding personal identification and contact data in the Entry Form.
Entries cannot be acknowledged or returned and become the property of Sponsor upon
receipt. Sponsor is not responsible for lost, late, or incomplete entries, for those who
cannot access the Internet, or if entry information is not captured correctly, or for any
technical, hardware, software, Internet, virus contamination, network, and/or human
error, any electronic malfunctions, or any other problems occurring during
participation/attempted participation in the Promotion or for delay, failure, or malfunction
of any kind for any reason.

 

By participating in the Promotion, each Entrant agrees that he/she and his/her Video Submission complies with these Official Rules.

Final eligibility for the award of any prize is subject to eligibility verification.

 

9. PROMOTION JUDGING: Video Submissions will be reviewed and scored by a panel
of judges, selected by the Sponsor (judges are Sponsor’s employees) based on the
following judging criteria to determine the Grand Prize winner:

•  Entertainment Value = 40%
• Dance Style= 40%
• Creativity = 20%

 

10. WINNER SELECTION PROCESS:

ALL FINALISTS ARE SUBJECT TO CONFIRMATION OF ELIGIBILITY PRIOR TO BEING ELIGIBLE FOR CONSIDERATION FOR THE GRAND PRIZE. In the event that a Finalist is deemed ineligible, and/or fails to respond in a timely and complete manner in accordance with the instructions and requirements of the Sponsor, another Finalist will be selected. Determination of eligibility is at the sole discretion of the Sponsor.

 

11. PRIZES:

One (1) Grand Prize will be awarded, consisting of:

• Return flights to Los Angeles
• Prize will be fulfilled in February – April 2017 (exact dates to be determined by Sponsor)
• Round trip airfare for Grand Prize Winner in coach class from major airport closest to Grand Prize Winner’s residence to Los Angeles, California,
• Two (2) nights accommodation
• Guest spot on our dance fitness video shoot
• $100 athletic wear shopping money
• Transfers to and from the airport in Los Angeles
• Hip Shake Fitness swag
• VIP night out at a premier LA Dance Club

All Prizes are subject to availability.

 

Sponsor is not responsible for any circumstances that make it impractical or impossible to fulfill all elements of a Prize; Sponsor’s only obligation will be to provide the remaining elements, if any

 

No transfer, cash redemptions, equivalents, or other substitution of any Prize allowed, except that Sponsor reserves the right, in its sole and absolute discretion, to substitute an advertised Prize or Prize component with a Prize/Prize component of comparable or greater value, including, without limitation, a cash prize equivalent to the ARV of a Prize as stated in these Terms & Conditions. The ARV of a Prize represents Sponsor’s good­ faith determination, is final and binding, and cannot be appealed.

 

In order to claim and receive a Prize, the Finalist, and where required by law the Finalist’s parent or legal guardian, must complete the Declaration of Eligibility, Consent and Release and Receipt of Prize (“Declaration of Eligibility”) as directed by Sponsor. If the Finalist does not complete and return the Declaration of Eligibility within the specified time period, the Prize will be forfeited.

 

Sponsor will not replace any lost or stolen Prizes. All Prizes are awarded “AS IS” and without warranty of any kind, express or implied, including without limitation, any implied warranty of merchantability or fitness for a particular purpose. Entrants acknowledge that Sponsor has not made, and is not in any manner responsible or liable for, any warranty, representation, or guarantee, express or implied, in fact or in law,
relating to the Promotion or any Prize, in whole or in part.

 

Winners and Grand Prize Winner travel companion will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize(s) that they receive (if any) and may be required to sign tax documents, file a Form 1099 with the IRS, and pay taxes on the value of the Prize.

 

Grand Prize Terms and Conditions:

• Grand Prize participant must be over the age eighteen (18),
• If, in the judgment of Sponsor, air travel is not required due to Grand Prize Winner’s proximity to Las Vegas, ground transportation will be substituted for round trip air travel at Sponsor’s sole discretion and no additional compensation will be provided.
• The Grand Prize Winner is responsible for all expenses not specifically included in the Grand Prize description above, including but not limited to, ground transportation (except as specifically provided in the Grand Prize description), additional spending money, beverages, laundry charges, activities, incidentals, taxes, gratuities, service charges, items of a personal nature, in­ room charges, and all other ancillary costs, and will be required to present a valid major credit card upon check­ in to cover any expenses over and above the standard room charge.
• All aspects of the trip (including travel and accommodation) are subject to the standard terms and conditions of the suppliers, vendors, and carriers.

 

12. WINNER NOTIFICATION DATE: The Grand Prize Winner will be notified on or about February 3, 2016, either via the email address associated with the Submission and/or Facebook or Instagram message.The Grand Prize Winner will be required to respond as directed by the Sponsor or Administrator to the notification within ten (10) working days (“Time Period”) of attempted notification. No other notification of any kind will be sent to the Grand Prize Winner. Sponsor is not responsible, and shall not be liable, for late, lost, misdirected, or unsuccessful efforts to notify the Finalists, or for any change in a Finalists email address.
The failure to respond to the notification within the Time Period may result in forfeiture of the prize and, in such case, Sponsor may declare an alternate Grand Prize Winner, based on the judging results. Grand Prize Winner will be required to verify address and to execute and return the Declaration of Eligibility within the required Time Period or the prize will be forfeited. If a Grand Prize Winner cannot be contacted, fails to sign and return the required Declaration of Eligibility within the required Time Period, or if a prize or prize notification is returned as undeliverable, Grand Prize Winner forfeits prize and eligibility for Grand Prize. Prizes will not be awarded until all such properly executed forms are returned. Sponsor will
provide the winner’s contact details to the prize agency, who will then liaise with the winner to provide all elements of the prize (including booking the winner’s travel and hotel).

 

13. DATA COLLECTION / PRIVACY POLICY: Any personal information, including without limitation, an Entrant’s name, address, telephone number, and/or email address provided by an Entrant will be used by Sponsor solely in connection with the administration of this Promotion, unless Entrant specifically opts­in to the use of such personal information for other purposes, including future marketing, advertising, and promotional purposes. Any personal information held by Sponsor in respect of administration of the Promotion will be held on record for a reasonable period to fulfill the purpose for which such personal information was collected. Entrants may also be provided with the opportunity to opt­in to the collection and use by Sponsor of the participant’s personal information for the purpose of Sponsor sending future marketing and promotional communications unrelated to the Promotion that Sponsor believes may be of interest to Entrant. By opting­in, Entrants specifically consent to the use of their personal information in such manner. Such consent is not
required to participate in the Promotion and will not increase your chances of winning. You may opt­out of receiving future communications at any time, by following the unsubscribe instructions contained within Sponsor’s email. Information collected by Sponsor from Entrants pursuant to the Promotion is subject to
the privacy policy of the Sponsor, which is available on the Website.

 

Please note: If selected as a Winner, the Entrant will be required to provide Sponsor and
any third party designated by Sponsor with additional personally identifiable information
and documentation required to verify eligibility and to fulfill delivery and receipt of any
prize. Winners’ identifying information may also be disclosed to third parties as required
by law, including on a winners’ list.

 

14. PUBLICITY RELEASE: Subject to applicable law, by entering this Promotion, each Entrant affirmatively and irrevocably agrees, consents to, and grants to Sponsor, and their respective designees, licensees, successors and assigns, the non­exclusive, perpetual, royalty­free, irrevocable, fully paid, universal right and license to use, license, incorporate, broadcast, telecast, webcast, distribute, re­use, publish, re­publish, edit, composite, morph, scan, duplicate, create derivative works of or alter, sell, monetize and otherwise exploit such Video Submission (and to permit others to do the same), or any portion thereof, including to the extent applicable (a) any information, including, Entrants name, image, likeness, country, other biographical data, and photo submitted by Entrant in connection with the Promotion; and (b) all graphics, statements, quotations and any other creative materials of or by Entrant and furnished by Entrant as part of this Promotion (the “Materials”), for any and all purposes including, but not limited to,
advertising, promotional, marketing, and/or publicity purposes in connection with the Promotion, in all forms of media now and hereafter known, worldwide, without any obligation or further consideration. By entering this Promotion, each Entrant affirmatively and irrevocably agrees not to issue any publicity of any kind concerning the Promotion, the Sponsor, or any of the Sponsor’s products or services without the prior
written approval of Sponsor. Notwithstanding the foregoing, in no event will the Sponsor use the Video Submission or Entrant’s name/likeness or biographical materials concerning Entrant in connection with the endorsement or sponsorship of any product or service without Entrant’s further written consent.

 

15. RELEASES, WAIVERS AND DISCLAIMERS: By entering the Promotion, Entrants agree to release, discharge, and hold harmless Sponsor, Administrator, and each of their respective parents, subsidiaries, affiliates, licensors, licensees, agents, representatives, retailers, and advertising and promotion agencies, and each of their respective directors, officers, employees, agents, successors and assigns (collectively, the “Released Parties”), from any and all liability, claims, losses, injuries, demands, damages, actions, and/or causes of action, whether direct or indirect, which may be due to or arise out of or in connection with participation in the Promotion, while preparing for or participating in any Promotion or Prize ­related activity (including travel), and/or in acceptance, delivery, transport, or use of any Prize (including, without limitation, liability for any property loss, damage, personal injury or death, violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement
of intellectual property). Entrants agree that the Released Parties shall have no responsibility or liability for human error; incorrect or inaccurate transcription of information; any technical malfunctions of the telephone network, computer equipment or systems, software, hardware, or Internet service provider utilized by Sponsor; interruption or inability to access the Promotion website or any online service via the
Internet due to hardware or software compatibility problems; any damage to Entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Promotion; any lost/delayed data transmissions, omissions, interruptions, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties.

 

Each Entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Promotion and to release all rights to bring any claim, action, or proceeding against Released Parties and hereby acknowledges that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law relative to the Promotion or any component thereof. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

 

YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING IS A COMPLETE RELEASE AND DISCHARGE OF ALL CLAIMS AND RIGHTS AGAINST THE RELEASED PARTIES, AND THAT YOU HAVE BEEN GIVEN A FULL AND COMPLETE OPPORTUNITY TO REVIEW AND ANALYZE THE FOREGOING RELEASE, BEFORE SUBMITTING YOUR ENTRY, AND YOU WAIVE ANY AND ALL RIGHTS TO DISPUTE THE SCOPE OF THE RELEASE, INCLUDING, WITHOUT LIMITATION, THAT IT IS A GENERAL RELEASE AND/OR A RELEASE OF UNKNOWN CLAIMS.

 

16. SUSPENSION / MODIFICATION / TERMINATION: Sponsor reserves the right to
modify, suspend or terminate the Promotion (including, without limitation, make changes to these Official Rules) by posting a notice (as soon as practicable) at https://hipshakefitness.gmkennedy.com/dance/january-dance-challenge-2017/, in its sole and absolute discretion, for any reason.

 

17. GOVERNING LAW / LIMITATION OF LIABILITY: VOID WHERE PROHIBITED OR RESTRICTED BY LAW. All federal, state and local laws and regulations apply. By submitting an Entry and/or accepting a Prize, Entrants agree to be bound by the Official Rules and the decisions of Sponsor, which are and at all times shall be final and binding in all respects. The Promotion will be construed and evaluated only according to the United States law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of the participants, Sponsor and/or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law provisions that would cause the application of any other state’s laws. Entrants agree and irrevocably consent to submit to the exclusive jurisdiction and venue of the courts of the State of California for any and all claims arising from or related to this Promotion.

 

BY SUBMITTING AN ENTRY AND/OR ACCEPTING A PRIZE, THE PARTICIPANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF, OR CONNECTED WITH, THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND
AWARDS WILL BE LIMITED TO ACTUAL THIRD­PARTY, OUT­OF­POCKET COSTS INCURRED (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT­OF­POCKET EXPENSES NOT TO EXCEED TWO HUNDRED FIFTY
DOLLARS ($250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) THE PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND THE ARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THE ABOVE MAY NOT APPLY TO YOU.

 

18. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules and Terms & Conditions or of the Declaration of Eligibility will not affect the validity or enforceability of any of their other provisions. In the event that any provision of the Terms & Conditions or of the Declaration of Eligibility is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will 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 and Terms & Conditions and/or of the Declaration of Eligibility will not constitute a waiver of that provision. Entrants hereby waive any and all rights to claim ambiguity of these Official Rules and Terms & Conditions and/or of the Declaration of Eligibility. Section headings used in these Official Rules and Terms & Conditions are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of any provision hereof.

 

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