CHARLI D’AMELIO #STEPHOLIDAY CONTEST
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED AND THE SKILL OF EACH ENTRANT. MUST BE 13 YEARS OF AGE OR OLDER AT THE TIME OF CONTEST PARTICIPATION. U.S. LAW GOVERNS. VOID WHERE PROHIBITED.
1. Sponsor: Step Mobile, Inc., 120 Hawthorne Ave, Palo Alto, CA 94301 (the “Sponsor”)
2. Contest Period: The Charli D’Amelio #StepHoliday contest (“Contest”) will accept entries from December 01, 2021 to December 31, 2021. The 4-week contest period will feature weekly winners. Each week of the contest (“Contest Period”) will commence on Monday at 12:00 AM Pacific Time (“PT”) and end Sunday at 11:59 PM PT, except for week 1, which commences on Wednesday, December 01, 2021, and is a shortened week.
3. Eligibility: This Contest is open only to individuals who meet all the following qualifications: (i) is a legal resident of the United States or the District of Columbia; (ii) have a valid Step account; and (iii) is at least thirteen (13) years of age at the time of entry. Employees of Sponsor, its parent company, subsidiaries, affiliates, advertising and promotion agencies, and members of their immediate family (e.g., spouses, parents, domestic partners, children, siblings) and/or household members are not eligible to participate in the Contest. If you are under the age of 18, you must have your parent’s or guardian’s permission to participate.
4. How to Enter: To enter you must complete the following:
a. Create a Step account if you do not have an existing Step account
b. Create a TikTok account or log in to your existing TikTok account
c. Follow Step Mobile (@step) on TikTok
d. Upload a TikTok video (15-60 seconds) showcasing your talents or something you are passionate about (“Video”) (Videos must be submitted by the end of the Contest Period.)
e. Use #StepHoliday and #contest, tag @step and @charlidamelio, and drop in your Step username
Video Guidelines
All Videos must be:
Submitted publicly through TikTok
Your original creation depicting yourself
Submitted in English
Partial or incomplete submissions WILL NOT BE ACCEPTED as Contest entries and shall not be eligible for the Prize. Limit one (1) entry per person. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of scripts, macros, or any other automated system to participate or subvert the process is prohibited and will result in disqualification. In the event of an identity dispute, entry will be considered made by the registered owner of the TikTok account or username used for entry. Sponsor, through Charli D’Amelio, shall select a winner from the entries submitted that meet the rules requirements described herein. The potential winner may be required to show proof of being the authorized account holder. No other forms of entry are valid.
5. Prohibited Content: Videos must be your original work, must not have been previously published, and must not violate the rights of any other party, including but not limited to intellectual property rights or rights of privacy, publicity, or moral rights. Videos must not violate TikTok’s content and community guidelines. Videos must also not contain: (i) endorsement or promotion of illegal or harmful activity; (ii) violent, profane, vulgar, obscene, defamatory, or otherwise objectionable material; (iii) adult material; or (iv) defamatory content. Sponsor reserves the right to disqualify any entrant who violates these prohibitions or any other provision of these Official Rules, or whose entry is deemed inappropriate for any reason by Sponsor.
6. Entry Limits: Videos must be received by the end of the Contest Period. Limit one (1) Video per person per Contest Period. You may not use more than one (1) TikTok profile to submit your Video.
7. Contest Prize: One (1) prize will be awarded to two (2) winners at the end of each Contest Period. There will be eight (8) total prize winners. The prize shall consist of:
a. $1000 to winner’s Step account
b. Charli uses your video to perform a “Duet”
c. One personalized gift from Charli D’Amelio
Aggregate approximate retail value of prize package is (“ARV”):$1,000.
No prize substitution, cash substitution, or assignment or transfer of prize is permitted, except by Sponsor who may substitute a prize of equal or greater value if any portion of the advertised prize becomes unavailable. In no event shall more than the number of stated prizes be awarded. All prizes are intended to be awarded. All federal, state, local, and other taxes, costs, and expenses relating to the use, acceptance, and possession of the prize are the sole responsibility of the winner. Winners may receive an IRS Form 1099 for any prize exceeding $600 in value. PRIZE IS NON-TRANSFERABLE AND MAY NOT BE SOLD OR TRANSFERRED. ALL PRIZES WILL BE AWARDED AS LONG AS THERE ARE A SUFFICIENT NUMBER OF ELIGIBLE ENTRIES
8. Odds: The odds of winning depend on the number of eligible entries received and the skill of each entrant. This is a skill-based contest.
9. Selection of Potential Winners: Sponsor’s decisions as to the administration and operation of the Contest and the selection of the potential winner is final and binding in all matters related to the Contest. At the end of each Contest Period, two (2) potential winners (“Potential Winners”) will be selected by judges designated by Sponsor (the “Judges”) from among all entries validly entered into the Contest, by applying the following criteria (the “Judging Criteria”):
a. Technical merit: 34%
b. Creativity: 33%
c. Audio/visual merit: 33%
All Judges’ decisions will be in their sole discretion and final in all respects and not subject to challenge or review.
10.Potential Winner Verification; Winners: Potential Winners will be notified by Sponsor within 10 days after each Contest Period by email. Each Potential Winner is subject to verification of eligibility. Sponsor will have the right to require that each Potential Winner complete and return to Sponsor a declaration of eligibility, IRS Form W-9, a release of liability, and if legally permissible, a publicity release, and any other documentation provided by Sponsor in connection with this contest (“Winner Verification Documents”). In the event a Potential Winner is under the age of majority (“Minor”) as determined by the laws of the state in which the Minor resides, the Winner Verification Documents must be signed by a parent or legal guardian on the Minor’s behalf.
Potential Winners must respond to Sponsor’s initial notification attempt within 48 hours of the notification attempt and Potential Winners must complete and return to Sponsor any required Winner Verification Documents within 24 hours hours after the Winner Verification Documents are provided to them. If (a) any Potential Winner fails to respond to any notification attempt within the time period indicated above, (b) any attempted notification is returned as undeliverable, or (c) any Potential Winner does not meet the eligibility requirements set forth above or does not otherwise comply with these Official Rules, the Potential Winner may be disqualified and an alternate winner may or may not, at Sponsor’s discretion, be selected from among the remaining eligible entries as specified in these Official Rules (in which case the foregoing provisions will apply to such newly-selected entrant). Sponsor shall have no liability for a winner's failure or inability to receive notices due to winner’s' spam, junk e-mail, or other security settings or for winner's provision of incorrect or otherwise non-functioning contact information. Prizes will be fulfilled approximately 30 days.
11. Grant of Rights: Winners irrevocably grants to Sponsor and its parent companies, subsidiaries and affiliates, agents and licensees, and each of their respective successors and assigns (collectively, the “Licensees”) the right to use, display, publish, perform, and broadcast the winner’s name, likeness, voice, biographical information and statements attributed to the winner (“Personality Rights”), and the winner’s Video (as is or as modified in the Duet), in perpetuity, throughout the world, in all media and formats whether now or later known or developed, for commercial purposes and any other purposes (including, without limitation, advertising and promotion), without further notice or compensation, unless prohibited by law.
12. Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Sponsor, as final and binding as it relates to the content.
13. Representations and Warranties/Indemnification: Each person who enters this Contest represents and warrants that he/she/their Video does not violate any federal, state, or local laws or ordinances. Entrants further warrant and represent that (1) Sponsor shall own the Video (and all material embodied therein); (2) that by entering, the entrant irrevocably assigns to Sponsor any and all rights, title, and interest in the Video including but not limited to all intellectual property rights; and (3) that Sponsor shall have, without limitation, the perpetual right worldwide to edit, adapt, modify, publish, exploit, and use the Video in any way and in any media for trade, advertising, promotional, and/or other purposes as Sponsor and/or its designees may determine without further consideration, notification, or permission of entrants, winners, or any third parties. A Video posted deemed having an inappropriate profile image could result in disqualification. Each entrant hereby agrees to indemnify and hold Sponsor and its respective parent companies, 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 kind resulting from or in connection with the Contest or the Prize.
14. Privacy: Any information you submit as part of the Contest will be used for purposes of this Contest and treated in accordance with Sponsor’s Privacy Policy found at: https://step.com/policies/privacy
15. General Conditions: Sponsor reserves the right to cancel, suspend, and/or modify the Contest, or any part of it, if any fraud, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry 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. 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 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. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
16. Release and Limitations of Liability: By participating in the Contest, you agree to release and hold harmless Sponsor, its parent company, subsidiaries, affiliates, the prize providers and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (1) any incorrect or inaccurate information, whether caused by entrant, printing 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) any damage to an entrant’s, or any other person’s property, computer system or mobile phone which is occasioned by participating in the Contest; (4) unauthorized human intervention in any part of the entry process or the Contest; (5) technical or human error which may occur in the administration of the Contest or the processing of entries; (6) late, lost, undeliverable, damaged, or stolen mail; or (7) 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. Sponsor is not responsible for misdirected or undeliverable entries 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. Sponsor is not responsible for any typographical/other error in entries, selection announcement, or for any liability for damage to any computer system resulting from participation in, accessing, or downloading information in connection with this Contest. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest, if it is possible. If the Contest, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages
17. Disputes: Entrants agree that: (i) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prizes awarded, other than those concerning the administration of the Contest or the determination of the winner, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate California State Court located in the County of Los Angeles; (iii) 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 (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 Promotion, 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.
18. Third-Party Platforms: If this Contest is hosted, administered, or operated on a third party platform, including without limitation a social media platform (e.g. Instagram, Facebook, Twitter, or TikTok) (“Third-Party Platform”), then by participating in this Contest, entrants hereby release and agree to comply with all rules and policies set forth by such Third-Party Platform and to hold harmless such Third-Party Platform from any and all liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of prizes or participation in any prize related activities. Unless otherwise stated to the contrary in these Official Rules, this Contest is not sponsored, endorsed, or administered by, or associated with, any Third-Party Platform. Any questions, comments or complaints regarding this Contest must be directed to Step Mobile, Inc. only, and NOT to any social media platform.
19. Winner List: For the name of the winners, available 90 days after each Contest Period, send a stamped, self-addressed envelope (except where prohibited) and a note identifying the name of this sweepstakes within 45 days following the end of the Contest Period to the Sponsor at the address set forth above.