NICKI MINAJ TWERK IT VIDEO CONTEST
Enter the Nicki Minaj Twerk It Video Contest (the “Contest”) now for the chance for you and a friend to meet Nicki Minaj.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH YOUTUBE.COM.
1. SPONSOR: Ground(ctrl), 808 R. Street Suite B, Sacramento, CA 95811 (“Sponsor”). Sponsor is the organizer of the Contest and solely responsible for all aspects of the Contest.
2. CONTEST PERIOD: This Contest begins on June 7, 2013 8:00 a.m. Eastern Standard Time (“EST”) and ends on _______June 9, 2013 5:00 p.m. EST (the “Contest Period”).
3. ELIGIBILITY: By entering the Contest, you (“you” or “Entrant”) agree to be bound by these Official Rules and by the decisions of Sponsor regarding this Contest. This Contest is only open to legal residents of the United States, who are (i) aged eighteen (18) and older, or, over the age of majority in their state/province/jurisdiction or country of residence if it is over 18, at the commencement of the Contest Period, (ii) possess the legal capacity to enter into contract, (iii) have a valid registered YouTube account , which can be created for free at http://YouTube.com (visit YouTube’s Terms of Service and Community Guidelines for further information), (iv) have a valid registered account at mypinkfriday.com (“Account”), and (v) have read, understood and agreed to be bound by these Official Rules. Void where prohibited by law, rule or regulation. Employees, directors and officers and their immediate families (spouses and siblings, parents and children and their spouses) and members of the same household (whether or not related) of Sponsor, its affiliated companies and each of their respective parents, subsidiaries, distributors, affiliates, professional advisors, advertising and promotion agencies are not eligible to participate or win a Prize (defined below). Sponsor reserves the right to verify the eligibility of all Entrants and, in Sponsor’s sole discretion, may require Entrants to complete an affidavit of eligibility and release before awarding any Prize.
4. ENTRY: To enter, during the Contest Period, (1) record a video of yourself “twerking” the song “Twerk It” by Busta Rhymes/Nicki Minaj or “I’m Out” by Ciara/Nicki Minaj and upload it to YouTube.com as a publicly-available video (“Video”) using your YouTube account, (2) sign into your Account, or if you are not already a registered accountholder of mypinkfriday.com, registering and signing into your Account, (3) visit www.mypinkfriday.com and follow the instructions contained therein to register for the Contest and email a link to your Video (collectively, an “Entry”) to [email protected] Before entering, you must agree that: (a) you personally created and produced your Video and you have received permission for the use of the image/likeness of any and all identifiable persons appearing in your Video; (b) you own the right to use every image in your Video; (c) your Video does not violate any copyright laws and does not plagiarize, libel, defame, disparage, slander or otherwise infringe on or violate the rights of any third parties; (d) your Video does not violate any applicable laws and does not feature nudity, hate speech, obscenity, offensive or lewd conduct or any other inappropriate content, to be determined by Sponsor in its sole discretion; and (e) your Video is relevant and appropriate to the theme of the Busta Rhymes/Nicki Minaj song “Twerk It” or Ciara/Nicki Minag song “I’m Out” as determined by Sponsor in its sole discretion. Sponsor will display eligible Videos that are determined to be appropriate by Sponsor in the sole discretion of Sponsor on www.mypinkfriday.com. Sponsor reserves the right not to display any Video submitted to the Contest for any reason. By submitting an Entry in this Contest, you hereby grant a nonexclusive, transferable, royalty-free, worldwide license to Sponsor and its designees ("Authorized Parties"), to edit, adapt and publish such Entry in connection with the Contest and promotion of the Contest, and Authorized Parties may use the Entry in connection with the Contest and promotion of the Contest for advertising, marketing and promotional purposes in commerce and in any and all media now known or hereafter known throughout the world in perpetuity, without attribution, compensation, permission or further notification to the Entrant, his/her successors or assigns, or any other entity, unless prohibited by law. By submitting an Entry, each Entrant certifies and represents that it has sufficient right and authority to make such a grant of license. Except for the foregoing license, Sponsor does not claim ownership of any copyright in Videos, except to the extent Video contains the intellectual property of Sponsor, in which case no intellectual property rights shall be granted to Entrants except as necessary for Entrant to participate in this Contest, with all other rights reserved by Sponsor. To the extent your Entry identifies you by name, likeness or otherwise ("Personal Identification"), the foregoing grant of right by you shall automatically include the right for Sponsor, Authorized Parties and the Releasees (defined below) to use such Personal Identification embodied in your Entry, in connection with the exploitation of your Entry. However, Sponsor shall have no obligation to use any of the Entries, in whole or in part, in its sole discretion. Upon Sponsor's request, each Entrant must provide a signed written personal release (which will be provided by Sponsor) from all persons who appear in the Video submitted (or their parents or legal guardians if such persons are minors in their place of residence), authorizing use of the Video in Sponsor's and/or Authorized Parties’ editorial publications (including Internet publications), advertising, marketing and promotions in connection with the Contest and promotion of the Contest, in any and all media now known or hereafter known throughout the world in perpetuity, unless prohibited by law, including without limitation as a featured video on www.mypinkfriday.com. All releases must be in the form provided by Sponsor. Failure to provide such releases upon request will result in disqualification of the Entry. If a potential winning Entrant fails to provide such releases, it will be disqualified and an alternate Winner will be selected in accordance with the procedures described herein. Sponsor is not responsible for lost, late, incomplete, invalid, damaged, misdirected Videos, and Sponsor is not responsible if YouTube removes any Video from YouTube.com for violation of YouTube’s Terms of Service (https://www.youtube.com/t/terms) and/or Community Guidelines (https://www.youtube.com/t/community_guidelines).
5. LIMITATIONS: All Entries for the Contest must be received during the Contest Period. Only one Entry per person/Account for the Contest (regardless of whether one person has more than one Account or more than one person uses the same Account). In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the natural person who is the “authorized account holder” assigned to the Account. Entries by any method other than set forth above in Section 4 are void. Neither the Sponsor nor those involved in the development, production (including Prize suppliers), implementation and distribution of the Contest and their respective parent companies, affiliates, subsidiaries, service providers, and agencies, and any of their directors, officers, agents, employees, attorneys, representatives, and any other person or entity associated with such entities and/or promotion (individually and collectively, “Releasees”) are responsible for Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, illegible, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misdirected, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Official Rules; or for lost, interrupted or unavailable network, server or other connections; miscommunications; failed phone, computer hardware or software or telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable emails resulting from any form of active or passive email filtering; insufficient space in entrant’s email account to receive email; or other errors of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; even if caused by the negligence of any of the Releasees. Each of such potential Entries will be disqualified and any attempt by a person to use multiple Accounts to register more than once may result in disqualification at Sponsor’s sole discretion. Void where prohibited or restricted by law and subject to all applicable federal, state, local and municipal laws and regulations.
6. WINNER SELECTION: A total of one potential winner will be selected from among all valid Entries on or about June 16, 2013. Potential winners shall be selected by Nicki Minaj based on the following criteria: 100% creativity, as determined by Sponsor and Nicki Minaj in their sole discretion. All judging decisions by Sponsor and Nicki Minaj will be final. Potential winners will be notified by email to the potential winner’s email address provided in his/her Account on or about [June 20], 201 To claim a Prize, each potential winner will be required to respond by email and provide your full name, email address, physical mailing address and phone number to this email address set forth in Sponsor’s notification email and may be required, in the sole discretion of Sponsor, to demonstrate eligibility and complete an affidavit of eligibility and release. At the sole discretion of Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following:  potential winner’s failure to respond to notification within twenty-four (24) hours after its transmission;  potential winner’s failure to provide Sponsor with satisfactory proof of age, identity and residency;  potential winner’s failure to validly claim any Prize; and  any other non-compliance with these Official Rules. In the event of a Prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited Prize to an alternate winner. Representatives for Nicki Minaj will coordinate with winner to determine the time date and location of the meet and greet. All taxes are solely the responsibility of each winner.
7. PRIZE: One prize package consisting of:
- Two (2) “meet and greet” passes to meet Nicki Minaj
Approximate retail value (“ARV”) of each Prize: $500 USD. ARV of all Prizes: $2,500 USD. Prizes are not redeemable for cash or transferable. No substitution allowed except that Sponsor may, at Sponsor’s sole discretion, substitute a prize of equal or greater value. Winners will be solely responsible for all fees and expenses not specifically set forth herein including, but not limited to, travel expenses, taxes, personal expenses, meals, and any other incidentals.
The “meet and greet” opportunity is subject to the availability of Nicki Minaj. Restrictions and limitations may apply. In the event the “meet and greet” opportunity does not take place, there will be no compensation, substitution or replacement for this portion of the Prize.
8. CONDITIONS: By entering this Contest and/or accepting any prize you may win, you agree, represent and warrant that:  you will be bound by the Official Rules and the Sponsor’s decisions, which shall be final in all respects;  you are providing the personal information and Personal Identification (defined below) contained in your Entry to Sponsor;  you release and hold harmless YouTube and Releasees from any and all liability for claims, costs, injuries, losses or damages of any kind, including third party claims, and including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of any Prize; participation in the Contest or any Contest-related activity or travel or from any interaction with, or downloading of, computer Contest information;  the Releasees do not make any representation, warranty or guarantee, express or implied, relating to any Contest or Prizes;  winner’s acceptance of any Prize constitutes the grant to Sponsor and assigns of an unconditional right to use winner’s name, address (city and state only), voice, likeness, photograph, Video, biographical and Prize information, statements about the Contest and/or live and taped performances of interviews for any programming, publicity, advertising and promotional purposes without additional compensation, except where prohibited by law;  in the event viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Sponsor’s and Sponsor’s reasonable control, corrupt, prevent or impair the administration, security, fairness or proper play of the Contest, so that it cannot be conducted as originally planned, Sponsor has the right, in its sole discretion, to modify the Official Rules or to cancel, modify, terminate or suspend such Contest; and in such event, to select a winner by such method as Sponsor in its sole discretion shall consider equitable;  the Releasees are not responsible for typographical or other errors in the offer or administration of the Contest, including but not limited to: errors in the advertising, Official Rules and selection and announcement of the winner;  the Releasees are not responsible for any inability of any winner to accept or use any prize (or any portion thereof) for any reason;  Sponsor has the right to modify prize award procedures at its sole discretion;  the Releasees are not responsible for changes to any YouTube.com function that may interfere with the Contest or your ability to timely enter; and  Releasees are not responsible for any failure of delivery of winner notification. The Contest shall be governed by the laws of the state of California in the United States of America. By participating in the Contest, Entrants agree that the state and federal courts located in California shall have jurisdiction over any dispute or litigation arising from or relating to the Contest and that venue for such litigation shall be only in the Superior Court for the City of Sacramento, California, or the United States District Court for the Eastern District of California, Sacramento Division, or, at the election of Sponsor, any dispute or claim of any kind will be resolved by binding arbitration, such arbitration to be held in Sacramento, California, and shall be held in accordance with the rules of the American Arbitration Association.
9. RULES & WINNERS’ LIST: To receive a copy of these Official Rules or the list of winners, send a self-addressed stamped envelope to: Nicki Minaj Twerk It Video Contest “Winners List,” 120 K Street, Suite 300, Sacramento, CA 95814 (VT residents need not affix return postage). Specify “Nicki Minaj Twerk It Video Contest Winners List” or “Official Rules” on your request.