LIL ASMAR’s HOLIDAY JAM AIR GUITAR CONTEST OFFICIAL RULES
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A purchase or payment will not improve your chances of winning. The LIL ASMAR’s HOLIDAY JAM AIR GUITAR CONTEST (the “Contest”) entry period begins at 03:00 PM Eastern Time (“ET”) on December 11, 2020 and ends at 02:59 PM ET on December 22, 2020 (the “Entry Period”), when all entries must be received. Eastern Time shall control for all purposes of this Contest. Sponsor’s clock shall be the official timekeeper for the Contest. The Contest is governed by these Official Rules and is subject to all applicable U.S. federal, state and local laws. Void where prohibited.
1. Eligibility. The Contest is open only to legal residents of the 50 United States who are the age of majority or older in their jurisdiction of legal residence at the time of entry. Proof of residency and age may be required. Employees of Sponsor, its subsidiaries, divisions, affiliates, and advertising or promotional agencies, and the immediate family and household members of such individuals, are not eligible to enter or win. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step- siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three months a year, whether related or not. In order to enter the Contest or receive the prize, you must fully comply with the Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor-designated judges, whose decisions shall be binding and final in all respects relating to this Contest.
2. How to enter. To enter the Contest, during the Entry Period, post your best AIR BASS GUITAR performance (The “Video”) on Instagram or TikTok using the hashtag #Wonderama2020 and tagging @WonderamaTV, lil Asmar and all sponsors.
To upload and submit a Video, you must be signed in to your personal Insgagram or TikTok account. To sign into Instagram, you must have an account, which you can create for free by downloading the Instagram APP, clicking “sign in” and following the instructions. Likewise, to sign in to TikTok, you must have an account, which you can create for free by downloading the TikTok APP, clicking “sign in” and following the instructions. Once you are signed into your account, follow the instruction to upload your Video. Video submissions must comply with Instagram’s or TikTok’s Terms of Service and Community Guidelines, set forth respectively at on the platforms website (collectively, the “Guidelines”). By entering and submitting a Video, you agree that you have read and consent to be bound by these Official Rules and the Guidelines. Sponsor or its designated representatives reserve the right to disqualify and remove any Video that does not conform to these Official Rules or the Guidelines as determined by Sponsor in its sole discretion. Sponsor will not notify Entrant whether the Video has been disqualified and removed. Each Video must also comply with the following:
(a) Each Video must meet the technical requirements for. Video must not exceed one (1) minute in length and must be in English.
(b) The Video must be your own original work, created solely by you; must not have been previously published, released or distributed in any form; must not have won any award; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity.
(c) The Video must not contain or reference any names, products or services of any company or entity other than Sponsor and must not contain any third party trademarks, logos, trade dress or promotion of any brand, product or service other than those of Sponsor.
(d) If any persons appear or are referred to in the Video, you are solely responsible for obtaining, prior to submitting your Video, any and all releases and consents necessary to permit the exhibition and use of the Video by Sponsor in accordance with these Official Rules. If any person appearing in any Video is under the age of majority in their state of residence, the signature of the minor’s parent or legal guardian is required on each release.
(e) Videos that are lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, obscene, or Videos that otherwise contain inappropriate content or objectionable material may not be submitted and may be removed at any time in Sponsor’s sole and unfettered discretion.
(f) The Video must not contain any personally identifiable information of any person, including entrant.
(g) You may not be, nor may you work with parties in conjunction with your Video who are: 1) represented under contract (e.g., by a talent agent or manager) that would limit or impair Sponsor’s ability to display your Video in any media form; 2) subject to an acting or modeling contract that would make your/their appearance in the Video a violation of any third-party rights; or 3) under any other contractual relationship, including but not limited to guild and/or union memberships, that may prevent Sponsor from being able to use the Video worldwide in all media in perpetuity on a royalty-free basis, without any payment or fee obligations.
Sponsor reserves the right in its sole and unfettered discretion to disqualify any Video that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules or the Guidelines. The decisions of Sponsor on this and all matters pertaining to the Contest shall be final and binding.
ALL VIDEO ENTRIES MUST BE RECEIVED BY 02:59 PM ET ON DECEMBER 22, 2020. Limit one (1) entry per person throughout the Entry Period. Entries by the same person in excess of the limits stated herein will be disqualified. Entries submitted will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. All submissions become the property of Sponsor upon receipt and will not be acknowledged or returned.
3. Prize. One (1) Grand Prize Winner will receive a Spector Performer 4 Bass with DR Neon Strings and Jack Cap plus Hartke Bass 50 Watt Bass Amp and Lessons from Lil Asmar. The approximate retail value (“ARV”) of the prize is $598.00 ARV is in U.S. dollars. No transfer, refund, cash redemption, substitution, cash equivalent or replacement of prize permitted by winner, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent). In the event the ARV of a prize is different from the actual retail value of that prize, the difference will not be awarded in cash. Applicable federal, state and local taxes are the sole responsibility of winner. Any portion of the prize not accepted or unclaimed and/or unused by the winner will be forfeited and will not be substituted. In no event will more than the stated number of prizes be awarded.
4. Selection of Winner. On or about December 22, 2020, winner will be selected by the Sponsor-designated judges from among all eligible entries received on the basis of (i) substance; (ii) persuasiveness; (iii) creativity; and (iv) originality. Based on the above criteria, each of which will be given equal weight, the eligible entrant with the highest cumulative score will be selected as the Grand Prize Winner. Odds of winning depend on the nature, quality and number of eligible entries received. Decisions of judges are final and cannot be appealed. In the event of a tie, the entrant involved in the tie with the highest combined creativity/originality score will be selected as the winner.
5. Winner Notification. On or about December 22, selected potential winner will be notified by phone and/or email, at Sponsor’s discretion, using the information provided on the potential winner’s entry form. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by potential winner for any reason. In Sponsor’s sole discretion, selected potential winner may be disqualified and required to forfeit the prize, and an alternate potential winner may be selected in accordance with these Official Rules from among the remaining eligible entrants if selected potential winner: (i) cannot be reached for whatever reason after a reasonable effort has been exerted based on the information stated in the potential winner’s entry form or winner notification is returned as undeliverable; (ii) declines or cannot accept, receive or use the prize for any reason; (iii) is found to be ineligible to enter the Contest or receive the prize; or (iv) cannot or does not comply with these Official Rules. Forfeited prizes may not be awarded. Sponsor is not obligated to leave voice mail, answering machine, or other message. Selected Grand Prize Winner will be required to complete, notarize and return (as directed by Sponsor) an Affidavit of Eligibility, Release of Liability and
Publicity Release (where permitted by law)(collectively, the “Affidavit”) within five days of date specified in notification or, in Sponsor’s sole discretion, prize may be forfeited and an alternate winner may be selected in accordance with these Official Rules from among the remaining eligible entrants. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate winner, if any.
6. Publicity Release; Use of Personal Information. By accepting a prize, the winner agrees and acknowledges that Sponsor and any of its designees may, without any limitation or further compensation, use his/her name, voice, biographical data, likeness, picture, entry materials, photograph, Video (in whole or in part), city name and audio and/or video recording of him/her in any and all media now known or hereinafter devised, throughout the universe and in perpetuity, for the purpose of advertising and promoting the Contest or for any other promotional purpose, except where prohibited by law. By participating in the Contest, entrants will be sharing their personal information with Sponsor. Personal information collected by Sponsor will be used solely for administration of the Contest and awarding the prize.
7. Grant of Rights. By entering, entrants irrevocably grant Sponsor, its subsidiaries, divisions, affiliates, and advertising and promotional agencies, an unlimited, worldwide, perpetual, non-exclusive, royalty-free, unconditional license and absolute right to edit, modify, adapt, distribute, stream, post, publish, broadcast, reproduce, store, copy, transmit, publicly display, exhibit, exploit and/or otherwise use the Video (in whole or in part) and copyrights therein, in any way and in any and all media, in Sponsor’s sole discretion, including but not limited to, the posting of any Video (in whole or in part) on social networking sites or any websites owned or operated by Sponsor or its affiliates, divisions or subsidiaries. Upon Sponsor’s request, entrants agree to sign any and all legal forms deemed necessary by Sponsor to effectuate this grant of rights.
8. Representations and Warranties/Indemnification. By entering this Contest, entrants represent and warrant as follows: (i) the Video is entrant’s own original work and was created solely by entrant for the purpose of entering the Contest, (ii) the Video, as of the date of submission, is not the subject of any actual or threatened litigation or claim, (iii) the Video has not been previously published, distributed or otherwise exploited, (iv) the Video does not and will not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity, and (v) the Video does not and will not violate any applicable laws. Each entrant hereby agrees to indemnify and hold the Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
9. No Tampering, Right To Cancel, Modify. Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information
or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Contest or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this promotion or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Contest, or with any website promoting the Contest; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Contest multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Contest, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Contest promotion, including the entire Contest promotion, and/or modify the Contest and/or award the prize based upon the criteria set forth in these Official Rules from all eligible entries received as of the termination date.
10. Release of Liability; Disclaimer of Warranty; Forum Selection Clause. By participating in the Contest, entrants and winner agree to release and hold harmless Sponsor, YouTube and their respective subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors (the “Released Parties”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur in connection with preparation for, or participation in, the Contest, or possession, acceptance and/or use or misuse of the prize or participation in any Contest-related or prize-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. The Released Parties assume no responsibility for any injury or damage to entrants or to any other person’s computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Contest. Entrants and winner acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize or any component thereof, including, but not limited to, express warranties provided by the supplier of the prize (or any component thereof) or their affiliates. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. In addition, any dispute relating to the Contest (including these Official Rules) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in New York County, State of New York. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction they may have.
11. Sponsor: Wonderama Entertainment Holdings, LLC, Armstrong InterActive, Inc.,271 Madison Avenue 20th Floor, New York, New York, 10016. Instagram and TikTok arenot sponsors of the Contest and has no responsibility or liability regarding the conduct or administration of the Contest.
12. Winner List. To obtain a copy of the winners’ list, available after December 22, 2020, send a self-addressed, stamped envelope to: Wonderama Entertainment Holdings, LLC, Armstrong InterActive, Inc.,271 Madison Avenue 20th Floor, New York, New York, 10016, for Sponsor’s receipt by December 31, 2020.