Welcome to the Unbroken Hot Rocks Challenge!
#HotRocksChallenge Official Rules
NO PURCHASE NECESSARY.
1. Eligibility: #HotRocksChallenge (the “Contest”) is open only to legal residents of the fifty (50) United States, the District of Columbia, and Canada excluding Quebec who are at least eighteen (18) years old (or the age of majority in their jurisdiction of residence, whichever is older) at the time of entry. Employees, paid guides, athletes, and influencers of Michaels Entertainment Group, Inc.; Instagram, Inc.; and any of their respective parent and affiliate companies, as well as the immediate family (spouse, parents, siblings and children) and household members of the foregoing, are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations. The Contest is void where prohibited by law.
2. Sponsor: Michaels Entertainment Group, Inc., 20750 Ventura Blvd #342, Woodland Hills, CA, 91364.
3. Agreement to Official Rules: Participation in this Contest 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 this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Contest begins on January 29, 2019, at 12:00:01 a.m. Eastern Time ("ET"), ends on March 1, 2019, at 11:59:59 p.m. ET (the “Contest Period”). The servers of Instagram are the official time-keeping device for the Contest.
5. How to Enter: To participate, you will need to have an Instagram account (a “Social Account”). Creating a Social Account is free, but is subject to the account provider’s applicable terms and conditions (http://instagram.com/about/legal/terms/#). If you enter the Contest or post on the Social Account via a mobile device using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Your account settings on the Social Account must be set to "unprotected" and/or "public" in order for your hashtags and comments to Sponsor's posts to be viewable by Sponsor.
During the Contest Period, take the following actions to enter:
(1) Take a video of yourself (or yourself and others) doing a dance that you interpret as the “Hot Rocks” dance, making the video in a storytelling manner and in a way that is inspirational, humorous, whimsical, or otherwise creatively evocative); and
(2) Post your video on Instagram. Your Instagram Post must also include:
(a) the hashtags #Unbroken, #HotRocksChallenge, #bretmichaels, and #contest; and
(b) tag @bretmichaelsofficial
(3) Follow @bretmichaelsofficial on your Instagram account.
Limit: ONE ENTRY PER PERSON DURING CONTEST PERIOD. Any attempt to obtain additional entries, including through multiple or duplicate accounts will result in disqualification.
Your Post will be referred to as your “Submission.”
Your Submission need not include any reference, positive or negative, to Sponsor’s products or services. By posting your Submission, you agree that it conforms to the guidelines, permissions, and content restrictions below, and that Sponsor may disqualify you if it believes that your Submission fails to conform.
Permissions: Entrant must have permission from any recognizable individuals (or their parent or legal guardian, in the case of minors) who appear in the Submission to use their names and likenesses in the Submission and to grant the rights set forth in Section 6. If requested, entrant must be able to provide such permissions or proof in a form acceptable to Sponsor. You agree to assist Sponsor in verifying all rights from individuals depicted in the Submission and to obtain additional documentation from such individuals depicted in the Submission upon request by Sponsor, including a liability/publicity release,
Each Submission posted must be unique and original to you. Submissions generated by script, macro, or other automated means are void. Multiple entrants are not permitted to share the same Social Account. In the event of a dispute as to any registration, the authorized account holder of the Social Account used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address used to create the Social Account. Potential Winner may be required to show proof of being an authorized account holder. Released Parties (as defined in Section 10, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, unintelligible, garbled, delayed, or misdirected Submissions, or failure to receive Submissions due to limitation of third-party social network platforms, all of which will be void.
6. Sponsor's Use of Submissions: By posting a Submission, you represent and warrant that the Submission complies with these Official Rules and you grant to Sponsor (and its designees) a royalty-free, irrevocable, perpetual, non-exclusive right and license to use, reproduce, modify, publish, create derivative works from, and display such Submission, in whole or in part, on a worldwide basis, and to incorporate the Submission into other works, in any form, media, or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will be asked to sign documentation for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. By posting a Submission, you affirmatively consent that Sponsor (and its designees) may use and share your Submission (including your post, video, and video viewing information) with third parties for up to 2 years or until your consent is withdrawn.
7. Winner Determination: After the Contest Period, a panel of qualified judges, determined by Sponsor in its sole discretion, will score each Submission and select one (1) entrant with the highest-scoring Submission (the "Potential Winner") from among all eligible Submissions received during the applicable Contest Period, based on the following criteria (“Judging Criteria”):
a) How the video Submission demonstrates the #HotRocksChallenge theme in a storytelling manner that’s inspirational, humorous, whimsical, or otherwise creatively evocative (65%)
b) Quality of video Submission (35%)
In the unlikely event of a tie, the entrant whose Submission received the highest score for “Quality of video,” as determined by the qualified judges, in their sole discretion, will be deemed the applicable Potential Winner from among the tied entrants. Odds of winning depend on number and quality of eligible Submissions.
8. Winner Requirements: On or about March 8, 2019, the Potential Winner will be notified by @bretmichaelsofficial through their Social Account used to enter and will receive instructions from Sponsor for how to complete the prize verification process. If the Potential Winner is a U.S. resident, he or she will be required to complete and sign an IRS Form W-9. If the Potential Winner is a Canadian resident, he or she will also be required to complete a U.S. IRS Form W-8Ben. Potential Winner may be required to sign and return a Declaration of Compliance, Liability Waiver and, where not prohibited, a Publicity Release ("Declaration"), which must be received by Administrator within seven (7) days of the date notice or attempted notice is sent in order to claim his/her/the prize. If Potential Winner of any prize cannot be contacted, or fails to sign and return the Declaration or provide any other requested information, including tax forms, within the required time period (as applicable), or the prize is returned as undeliverable, the Potential Winner forfeits his/her/the prize. If a Potential Winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion. Only three (3) alternate winners may be determined, after which the applicable prize will remain unawarded.
Verification of Potential Winner: THE POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A PRIZE WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE AND NO FURTHER ACTION IS NEEDED.
9. Prize: ONE (1) GRAND PRIZE:
A “VIP Rock Star Getaway”: Trip package includes 2 tickets to a Bret Michaels show agreed upon by Sponsor and Winner; round-trip, coach-class air transportation for two (2) from a major airport near Winner’s home (determined by Sponsor in its sole discretion) to an airport at or near the location of the show; three (3) nights’ accommodations at a hotel to be determined by Sponsor (suite); and travel agent services. Bret Michaels show tickets are subject to the terms and restrictions of the venue and ticket issuer, and winner agrees to comply with all applicable terms and restrictions, including venue age requirements which, for certain selected venues, could require winner and guest to be 21 or older. Winner and his or her travel companion are solely responsible for verifying age requirements and compliance with applicable venue and ticket terms and restrictions.
Trip must be booked through Sponsor at least twenty-one (21) days prior to departure. Travel and accommodations are subject to availability and blackout dates. Travel must be round-trip. Sponsor will determine airline and flight itinerary and no refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in this Contest, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses, are the sole responsibility of the winner. Unless the child of the winner, all travel companions must be eighteen (18) years of age or older as of the date of travel and must travel on the same itinerary and at the same time as the winner. If travel companion is the child of winner, child must be at least age 13 to travel and must travel on the same itinerary and at the same time as the winner. Travel companion must execute liability/publicity releases prior to issuance of travel documents. As a condition of receiving a prize, the winner agrees to assist Sponsor in obtaining all applicable liability/publicity releases requested by Sponsor. Where international travel is selected, winner and travel companion are solely responsible for obtaining valid passports and any other documents necessary for international travel. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsor air travel is not required due to winner’s proximity to prize location, ground transportation will be substituted for round-trip air travel at Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers, or certificates. Actual value of each trip may vary, based on airfare fluctuations and distance between departure and destination. Winner will not receive the difference between actual and approximate retail value.
Prize Restrictions: ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Prizes are not transferable. No substitutions or exchanges of any prize (including for cash) will be permitted, except that Sponsor reserves the right to substitute a prize of comparable or greater value for any prize. Sponsor will not replace any lost or stolen prizes or prize components. Only one prize is available to be won in the Contest.
Approximate Retail Value (“ARV”) of the Grand Prize:$5,000 USD.
10. Release: By receipt of any prize, each winner agrees to release and hold harmless the Sponsor, Instagram LLC, and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize, including any related travel.
11. Publicity: To the fullest extent permitted by applicable law, entry into the Contest constitutes permission to use your name, city, state or province, likeness, photo, including your Social Account profile photo, Submission, and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration. As a condition of being awarded any prize, except where prohibited by law, winner may be required to execute a consent to the use of their name, hometown, likeness, photo (including winner’s Social Account profile photo) for promotional, advertising, or other purposes worldwide, in any and all media now known or hereafter devised without further permission or compensation. By entering this Contest, you consent to being contacted by Sponsor for any purpose in connection with this Contest.
12. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. 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 and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The use of the terms “include” or “including” in these Official Rules is illustrative and not limiting.
13. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other 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 Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) 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 (including any travel/activity related thereto). 7) any injuries or Death relating to the production of a Submission - please use safety and caution when recording and transmitting your post. Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Submission.
14. Disputes: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for California or the appropriate California State Court located in Los Angeles County, California, U.S.A.; (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’ fees; and (3) 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 the Contest, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
16. Winner List: For a winner list, visit https://bretmichaels.com/unbrokenchallengewinner.html. The winner list will be posted after winner confirmation is complete.
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