DKI does KCON16LA
VOID WHERE PROHIBITED BY LAW. NO PURCHASE NECESSARY.
Acceptance of Official Rules
By entering the Contest, Entrants affirm that they have read, accepted and agreed to be bound by these Official Rules.
1. ELIGIBILITY & SPONSOR.
The DKI does KCON LA 2016 Cover Contest (“Contest”), sponsored by Dreamkatchers Initiative, LLC (collectively, the “Sponsor” and “DKI”), is open only to legal residents of the contiguous United States, and the District of Columbia (excluding residents of Rhode Island) (“Eligibility Area”) who comply with these Official Rules in all respects. Participation in the Contest is limited to individuals eighteen (18) years of age or older (as of the date the individual commences participation in the Contest. Employees, officers, and directors of Sponsor or Sponsor’s parents, subsidiaries, and affiliates, and the immediate family members of such individuals (spouse, parents, siblings, children, legal guardians, in-laws, grandparents, and grandchildren, regardless of where they reside) and members of the same households (whether legally related or not) of such individuals, are not eligible to enter or win. Contest is void outside the Eligibility Area and wherever prohibited by law or where the registration or filing requirements of any state or local jurisdiction have not been complied with.
2. CONTEST DESCRIPTION: The Contest shall begin on 13 July 2016 and end on 24 July 2016. Submissions must be received by 11:59 p.m. EST on 24 July 2016. Individuals who meet the eligibility requirements and who desire to participate in the Contest and agree to be bound by these Official Rules (the “Entrant(s)”) have the opportunity to win a Prize (as described in Section 7) by competing in a Hallyu-inspired dance or vocal cover competition. To enter the Contest, Entrants must follow the instructions as provided in Section 4.
Once the submission period ends, all video submissions will undergo judging by select DKI staff members, using the criteria outlined in Section 6. The staff members will select two (2) Entrants as first and second place winners of the Contest (“Winner(s)”).
Disclaimer: Please be advised that in order to win the Contest, it is required to attend KCON 2016 LA (Saturday and Sunday). As between Sponsor and Entrants, it will be solely Entrants’ responsibility to make all arrangements (e.g., transportation and lodging) in order to attend KCON 2016 LA (Saturday and Sunday). Sponsor will not be responsible for providing any means of transportation or lodging for Entrants. If Entrant is unable to attend KCON 2016 LA (Saturday and Sunday), Entrant will ineligible to win the Contest, and an alternate Entrant may be selected to be a Winner. CJ E&M America, Inc and KCON are not affiliated with this contest.
1) Contest Term: The Contest shall begin at 12:00 a.m. Eastern Time Zone (ET) on 13 July 2016 and end on 24 July 2016 at 11:59 p.m. ET (the “Entry Period”).
i) Submission Period: ● 12:00 a.m. ET on 3 July 2016 – 11:59 p.m. ET on 24 July 2016;
ii) Judging Period: ● 12:00 a.m. ET on 25 July 2016 – 11:59 p.m. ET on 26 July 2016.
3) Winner Announcement: The Winners will be determined and announced by no later than 27 July 2016.
Sponsor shall post the names of the Winners on Dreamkatcher Initiative’s official website (http://www.dreamkatcherinitiative.com) along with DKI’s social media platforms. Please see Section 8 for further details.
4. HOW TO ENTER: Entrants must submit an original vocal or dance cover video within the time periods specified in Section 3 above. Please follow the instructions set forth below carefully.
1) Vocal or Dance cover of any Kcon LA 2016 artists
2) Video must be a minimum of 1 (one) minute but no more than 5 (five) minutes
3) May be a compilation cover video with a max of any 2 (two) Kcon LA 2016 artists.
4) Must include a small introduction including why you picked the song(s) to cover and which artist(s) you are most excited to see.
5) Upload video to YouTube with the title Dreamkatchers Initiative kconLA Contest: ___________ Cover.
6) Post your video link in the Dreamkatchers Initiative facebook group (https://www.facebook.com/groups/dreamkatchersinitiative/)
By completing the foregoing during the Submission Period, you will be entered into the Contest. ENTRIES ARE LIMITED TO ONE (1) ENTRY PER PERSON AND THEIR CORRESPONDING E-MAIL ADDRESS OR MAILING ADDRESS. Subsequent attempts made by the same individual to submit multiple entries by using multiple email addresses may be disqualified. No entries from automatically generated e-mail addresses shall be accepted. Use of any automated system, such as script, macro, or other automated means, to participate or generate entries (or otherwise assist in participation or voting) is strictly prohibited and will result in disqualification. Please refer to Section 9 for further information regarding Disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected video entries, which will be disqualified. In the event of a dispute regarding who submitted an entry, the entry will be deemed disqualified. Any false or deceptive entries or acts shall render all entries by an Entrant ineligible. As a condition of entering the Contest, each Entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Contest and complying with applicable laws, regulations and rules. In the event of a dispute over the identity of an Entrant, entry will be deemed submitted by the authorized account holder of the e-mail address, which the Entrant will have the obligation to establish. The “authorized account holder” is defined as the person assigned to an e-mail address by an Internet access provider, online service provider, interactive computer service, and/or other organization responsible for assigning e-mail addresses. All materials submitted become the property of Sponsor and will not be returned. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Illegible and/or incomplete entries and entries submitted by Entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.
5. VIDEO ENTRY GUIDELINES:
I. Video Entry Requirements
All Entries must comply with the following Entry Requirements in order to qualify. All entries will be reviewed for compliance to these Official Rules prior to judging. Any entries that are not in compliance with these Official Rules will be disqualified. Please review them carefully.
Entrants agree to and understand that video entries will be made available to the public, including without limitation, posting on the Internet. Whether or not video entries are published on the Internet, Sponsor does not covenant or guarantee any confidentiality with respect to an video entries.
Entrant acknowledges, agrees and warrants that, nothing in the video entry infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the 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 release, defend, indemnify and hold harmless Sponsor and its officers, directors, employees, and affiliated organizations, and their respective officers, directors, shareholders 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 section. Modifying, enhancing or altering a third party’s pre-existing work does not qualify as Entrant’s original creation.
Entrant also agrees to release, defend, indemnify and hold harmless Sponsor and its officers, directors, employees, and affiliated organizations, and their respective officers, directors, shareholders and employees, from and against any and all claims, demands, damages, costs, liabilities 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 these Official Rules; (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. Sponsor is not responsible for any expenses incurred in the production and delivery of the video entries.
By uploading the video entry, the Entrant agrees, for zero compensation, to grant to Sponsor 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, make available to the public and/or reproduce the video entry through any media available at any time during, or after, the Entry 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, in its 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 artwork entry or other materials.
II. Video Entry Content Restrictions
Entries must not contain material that:
1) references, identifies, or depicts any persons or organizations including names, likenesses, photographs, or other indicia without their written permission (e.g., the entries cannot depict musical artists, celebrities, entertainment companies/agencies);
2) contains or depicts someone smoking or intoxicated;
3) violates or infringes another’s rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
4) contains material that is derogatory or 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;
5) 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);
6) contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise sexually explicit or suggestive, inappropriate, indecent, profane, obscene, hateful, violent, tortuous, derogatory, slanderous or libelous;
7) defames, misrepresents, or disparages any persons or organizations, including Sponsor, its products or services;
8) includes threats to any person, place, business or group; or
9) includes any personal identification, such as license plate numbers, personal names, or email addresses;
10) is otherwise unlawful, in violation of or contrary to any applicable federal, state, or local laws and regulations.
Any failure of an 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 video entry that, in its 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. Video entries must be suitable for presentation in a public forum, in the sole determination of Sponsor. Video entries that are unclear, not viewable, incomplete, in excess of the limits stated above, or mechanically reproduced will be disqualified. False, fraudulent or deceptive artwork entries or acts shall render Entrants ineligible. A video entry must be made by the Entrant according to these Official Rules. Video entries made by any other individual or any entity, and/or originating at any other website or page, including, but not limited to, commercial contest or contest subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest. The use of any device or computer software to automate the video entry process or voting process is strictly prohibited. All video entries shall become the exclusive property of Sponsor and will not be returned.
The Sponsor’s database clock will be the official timekeeper for this Contest.
The Promotion Parties (as defined in Section 12), and any and all Internet server(s) and access provider(s), and each of their respective affiliates, subsidiaries, parent corporations, retailers and advertising and promotion agencies, and all of their officers, directors, shareholders, employees and agents are not responsible for: any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including without limitation any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in the Contest; inability to upload or post video entries; theft, tampering, destruction, or unauthorized access to, or alteration of, video entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any website (including the DKI Facebook group) or for any other reason whatsoever; typographical, printing or other errors; any artwork entries which are late, lost, incomplete, misdirected, stolen, mutilated, illegible, or postage due, or any combination thereof
III. Acceptance of Official Rules
By entering the Contest, Entrants (and their legal guardian/parent(s), where applicable) affirm that they have read, accepted and agreed to be bound by these Official Rules.
6. JUDGING; WINNER SELECTION:
All artwork entries shall be screened to ensure they meet the Video Entry Guidelines set forth in Section 5. A panel of qualified judges determined by Sponsor in its sole discretion will score the qualifying entries.
Entries will be scored using the following “Judging Criteria”:
1) Creativity (33.4% of score)
2) Spirit (33.3% of score)
3) Quality (33.3% of score)
After the Judging Period, the two (2) entries with the highest combined scores shall be selected as the Winners, pending verification of eligibility and compliance with these Official Rules and Sponsor’s instructions. In the event of a tie after the Judging Period ends, the tie shall be broken by selecting the entry with the higher Creativity score. The decisions of Sponsor shall be final and binding in all matters relating to this Contest.
All Winners shall be required to provide their full name, home phone number, e-mail address, date of birth, and show ID except where prohibited upon issuance of the prize at KCON 2016. All documents required as set forth above may be referred to herein as “Required Documents.” Such Required Documents must be verified by Sponsor on 29 July 2016. A potential Winner’s failure to respond to the notification, failure to return all Required Documents by 29 July 2016, or failure to be in compliance with these Official Rules in any way may result in the potential Contest Winner being disqualified, and an alternate Winner may be selected at Sponsor’s sole discretion.
Notwithstanding any other provisions of these Official Rules, if at any time during the Judging Period, or at any time thereafter, the Sponsor determines that not enough or no eligible Entrants exist from which to determine the Winners, then Sponsor may in its sole and exclusive discretion determine that not enough or no eligible Entrants exist and may either suspend or terminate the Contest or modify it (or any parts thereof) in any equitable manner that Sponsor deems appropriate in its sole and exclusive discretion, including, without limitation, by not awarding any one or more of the prizes set forth in these Official Rules
1 (one) first place winner will have the option to choose a P5 Combo (Approximate Retail Value (“ARV”): $80) or P4 ticket for Saturday, July 30, 2016 (ARV: $103.50); 1 (one) second place winner will receive the prize that was not chosen by the first place winner (each a “Prize,” and collectively the “Prizes”).
The date of the Prize tickets awarded shall be determined by the Sponsor, in its sole discretion.
All such tickets are not transferable, assignable, or redeemable for cash. No substitutions by a Winner will be allowed. The tickets may not be sold, bartered, or exchanged. Any additional Prize details not specified herein will be determined by Sponsor in Sponsor’s sole discretion. Prizes are not transferable, assignable, or redeemable for cash. No substitution for a Prize by a Winner will be allowed. Prizes may not be sold, bartered, or exchanged by Winners. By accepting a Prize, the Contest Winner acknowledges compliance with these Official Rules. Awarding of a Prize is subject to the verification of eligibility, Prize Winner’s acceptance of all requisite conditions within these Official Rules and Contest Winner’s agreement to grant the rights set forth in these Official Rules and submission of the Required Documents detailed in Section 6. If necessary, due to the unavailability of a prize for any reason, a prize of equal or greater value will be awarded at the sole discretion of the Sponsor. If any Prize notification or Prize is returned as undeliverable for any reason, or if Contest Winner is disqualified for any reason, Sponsor may decide, in its discretion, to award such applicable prize to an alternate eligible Entrant or, if time does not permit (in Sponsor’s sole discretion), to not award such Prize. All Federal, state and local tax liabilities and fees associated with prize receipt are the responsibility of the Contest Winners.
8. WINNER NOTIFICATION; PRIZE CLAIM:
The Contest Winners will be determined and notified by 27 July 2016. Winners will be announced on Dreamkatcher Initiative’s official website (http://www.dreamkatcherinitiative.com) as well as on DKI’s social media platforms.
Awarding of a Prize is subject to the Winner’s acceptance of, and compliance with, these Official Rules. If requested by Sponsor, Entrants must show photo identification for Sponsor to verify that the eligibility requirements are met. If any Prize notification or Prize is returned for any reason, or if Winner is disqualified for any reason, Sponsor may decide, in its discretion, to award such applicable Prize to an alternate eligible Entrant or, if time does not permit (in Sponsor’s opinion), to not award such Prize.
9. DISQUALIFICATION: Sponsor may disqualify an Entrant (and cause any Prize that has been awarded, if any, to be forfeited) due to any of the following: (a) the Entrant fails to comply with any of the terms, conditions, restrictions, or limitations of these Official Rules (as determined by Sponsor in Sponsor’s sole discretion); (b) the Entrant fails to respond to the winner notification or any other notice within two (2) days after its transmission; (c) the Entrant fails to provided the Required Documents; (d) the inability of Sponsor to contact a potential Winner or the return of any Winner notification, notice, or Prize as undeliverable; or (e) an Entrant’s failure to maintain his/her behavior in accordance with all applicable laws and generally-accepted social practices in connection with participation in any Contest-related or Prize-related activity, including, without limitation, if the Entrant (i) is uncooperative or disruptive; (ii) annoys, threatens, or harasses any other person; or (iii) attempts or does cause damage to person, property, or the reputation of Sponsor or any other Entrant.
Further, if for any reason this Contest or part thereof is not capable of running as planned, or if this Contest or any website, page or e-mail address associated therewith (or any portion thereof), including but not limited to the Website becomes corrupted or does not allow the proper fair play of the Contest and processing of entries in accordance with these Official Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by Entrants (or others), fraud, technical failures, or any other causes, in the Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Contest or any portion thereof. In the event this Contest is cancelled, the Sponsor may choose to, but is not obligated to, conduct a judging to award the Prizes from among all eligible, non-suspect Entries received prior to the time of the action or event warranting such cancellation. If such cancellation, termination, modification, or suspension occurs, notification will be posted at http://www.dreamkatcherinitiative.com
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, WEB PAGE OR E-MAIL ADDRESS, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
10. DISCLAIMERS: Sponsor and any of their affiliated companies, directors, officers, professional advisors, employees and agencies shall not be responsible for any distorted or damaged entries, any communications-related malfunctions regarding or relating to the Contest, and disruptions, injuries, losses, or damages regarding or relating to the Contest caused by events beyond the control of Sponsor. In addition, Sponsor is not liable to a Winner or any other person for failure to supply a Prize or any part thereof, 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 the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, 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 the Sponsor’s sole control. Prizes are awarded “as is, where is,” without warranty of any kind, express or implied, including without limitation any warranty of merchantability or suitability for a particular purpose. Sponsor is not responsible for any typographical or other printing errors in the offer or administration of the Contest.
11. GOVERNING LAW; DISPUTE RESOLUTION: The laws of the State of California apply to and govern the Contest, as well as any disputes or claims arising from or in connection with the Contest. The parties agree that any and all disputes or controversies of any nature between them arising at any time shall be determined by confidential binding arbitration, in accordance with the arbitration rules of JAMS to be held in Los Angeles County, California, before a single neutral arbitrator. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS, with JAMS rules applied to break any deadlock in selecting an arbitrator.
12. PUBLICITY AUTHORIZATION: By participating in the Contest, Entrant hereby authorizes and grants the right to Sponsor and Sponsor’s parents, subsidiaries, and affiliates, and its and their employees, officers, and directors, and those acting pursuant to their authority, (collectively, the “Promotion Parties”) the right to print, publish, broadcast, depict, reproduce, and use the Entrant’s name, portrait, picture, likeness, voice, statements attributable to him/her, city and state of residence, and other biographical information for advertising and promotional purposes throughout the world in any and all media now known or existing at any time in the future, without further approval, notification, or compensation. Entrant acknowledges and agrees that this authorization is intended to satisfy all consent requirements of California Civil Code Sections 3344 and 3344.1, and Entrant hereby waives and releases any and all claims that Entrant may have or hereafter have against the Promotion Parties under such statutes or any other statutes or common law principles of similar effect.
13. LIMITATION OF LIABILITY; RELEASE; INDEMNIFICATION: ENTRANTS WAIVE THE RIGHT TO CLAIM ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, DIRECT, OR INDIRECT DAMAGES, AGAINST THE PROMOTION PARTIES RESULTING FROM, ARISING FROM, OR IN CONNECTION WITH PARTICIPATING IN THE CONTEST OR ANY PRIZE ACTIVITY. Entrants hereby agree to defend, hold harmless, and indemnify the Promotion Parties from and against any and all claims, demands, actions, suits, losses, expenses (including, without limitation, reasonable attorney fees and expenses), costs and liabilities of any nature whatsoever that arise or result from Entrants’ action, inaction, negligence, or other fault in connection with participating in the Contest. Without limiting the foregoing, by participating in and entering the Contest, (a) Entrants agree that the Promotion Parties shall not be liable for personal injuries, death, damages, expenses or costs or losses of any kind resulting from participation or inability to participate in the Contest or parts thereof or acceptance of, use of or inability to use a Prize or parts thereof including, without limitation, claims, suits, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory and (b) Winners hereby release the Promotion Parties from any and all liability and responsibility with respect to the Prize (including any property loss, damage, personal injury or death).
14. WAIVER OF CALIFORNIA CIVIL CODE SECTION 1542: Entrants acknowledge that they have read and understood the provisions of California Civil Code Section 1542, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Being aware of such statutory right, by participating in the Contest, Entrants expressly waive any rights under California Civil Code Section 1542 as well as any other statutes or common law principles of similar effect.
16. GENERAL: Decisions of Sponsor are final and binding in all matters related to the Contest. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of these Official Rules 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, unenforceable, or illegal provisions were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of any provision. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials and these Official Rules, these Official Rules shall prevail, govern, and control, and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
Sponsor reserves the right to amend or revise these Official Rules at any time. Notice of any such change will be posted on Sponsor’s website.
17. WINNERS LIST: Please visit our official website (http://www.dreamkatcherinitiative.com) or the DKI social media platforms for the official list of Winners and a copy of these Official Rules. The Winners List will be available after 29 July 2016.
18. COPYRIGHT NOTICE: The Contest and all accompanying materials are a copyright of Dreamkatchers Initiative, LLC.
Sponsor: Dreamkatchers Initiative, LLC.
Any third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third-party trademarks in these Official Rules or in the promotions is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Contest or promotion.