Cookstar Dance Challenge Contest
OFFICIAL RULES FOR PARTICIPATION
NO PURCHASE OR PAYMENT BY PARTICIPANT NECESSARY TO ENTER OR TO WIN. A PURCHASE BY PARTICIPANT WILL NOT IMPROVE A PARTICIPANT’S CHANCES OF WINNING. ALL PARTICIPANTS MUST BE LEGAL RESIDENTS OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA AND MUST BE THIRTEEN (13) YEARS OF AGE OR OLDER. VOID IN PUERTO RICO, ALL U.S. TERRITORIES AND POSSESSIONS, AND WHERE PROHIBITED BY LAW. ENTRY VIA TIKTOK ONLY AND A PUBLIC TIKTOK ACCOUNT AND INTERNET CONNECTION ARE REQUIRED. A PRIVATE TIKTOK ACCOUNT MAY NOT BE ABLE TO SUBMIT ENTRIES. THIS CONTEST IS IN NOW WAY SPONSORED, ENDORSED OR ADMINISTERED BY TIKTOK INC. OR NINTENDO OF AMERICA INC.
THESE OFFICIAL RULES ARE A LEGALLY BINDING AGREEMENT BY AND BETWEEN YOU AND SPONSOR (DEFINED BELOW) THAT GOVERN ENTRY INTO THE CONTEST. BY PARTICIPATING IN THIS CONTEST, YOU AGREE TO ABIDE BY THESE OFFICIAL RULES. FAILURE TO COMPLY WITH THESE OFFICIAL RULES WILL VOID YOUR ENTRY.
The Contest is sponsored and organized by Planet Entertainment LLC, with an address of 261 North University Dr., Suite 500-53, Plantation, FL, 33324 (hereinafter “Sponsor”). Sponsor is solely responsible for all aspects of the Contest.
- Duration of the Contest:
The Contest begins on October 9, 2020 at 12:00 a.m. Eastern Time (ET) and ends on December 31, 2020 at 11:59:59 p.m. ET (the “Contest Period”). No entries into the Contest will be accepted prior to the commencement of or after the conclusion of the Contest Period. Sponsor is the official timekeeper for the Contest.
There is a limit of (1) one entry per person for each week during the Contest Period (each, a “Contest Period Week”), as set forth in the chart below:
|Contest Period Week
||Start Date/Time (ET) (beginning at 12:00 a.m.)
||End Date/Time (ET)
(ending at 11:59:59 p.m.)
|Contest Period Week #1
||October 9, 2020
||October 15 2020
|Contest Period Week #2
||October 16, 2020
||October 22, 2020
|Contest Period Week #3
||October 23, 2020
||October 29, 2020
|Contest Period Week #4
||October 30, 2020
||November 5, 2020
|Contest Period Week #5
||November 6, 2020
||November 12, 2020
|Contest Period Week #6
||November 13, 2020
||November 19, 2020
|Contest Period Week #7
||November 20, 2020
||November 26, 2020
|Contest Period Week #8
||November 27, 2020
||December 3, 2020
Non-winning entries received during a particular Contest Period Week will be entered into subsequent Contest Period Weeks.
- Eligibility/How to Enter the Contest:
These Official Rules for participation (hereinafter the “Official Rules”) apply to the Cookstar Dance Challenge Contest. Participants are required to have read attentively and to have accepted the following Official Rules. Participation in the Contest implies automatic acceptance by the Participant (defined below) of these Official Rules.
Participants must be legal residents of the 50 United States or the District of Columbia and at least 13 years of age as of the commencement of the Contest Period (defined below). If you are younger than the age of majority in your state of primary residence at the start of the Contest Period (a “Minor”), you must have permission to enter the Contest from your parent or legal guardian (a “Parent”) prior to entering the Contest to be eligible to win a Prize (defined below). A Prize won by a Minor will be awarded to his/her Parent for the benefit of the Minor, and the Parent and Minor will be required to complete an affidavit of eligibility (an “Affidavit of Eligibility”), as well as any additional required information, releases or responses, and provide requested documentation to Sponsor. All legal responsibilities of a Minor under these Official Rules will be assumed by his/her Parent. Employees, officers, directors, members, managers, agents, and representatives and family members of such individuals (or people living in the same household whether related or not) of Sponsor, or their corporate partners, parent companies, divisions, subsidiaries, affiliates, successors in interest, advertising, promotion, and public relations agencies are not eligible. For the purposes of the Contest, family members are defined as spouse, partner, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren (including “step” as they may apply).
To enter the Contest you must have a public TikTok account (“Account”). You must set your Account settings to allow your personal page, posts and videos to be publicly accessible and to allow Sponsor to contact you through your Account. If you don’t already have a TikTok Account, you must create and register a TikTok Account (creating an Account is free) and sign into your Account to participate in this Contest. By submitting your information and creating an Account, you will be required to agree to the TikTok terms of service and privacy notice. If you do not agree to TikTok’s terms of service and privacy notice, you cannot create an Account. Sponsor and the Released Parties (defined below) are not responsible for any changes or unavailability of the TikTok service that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use TikTok for the Contest as set forth herein that are not acceptable to Sponsor) or ability of Participant to timely enter, receive notices or communicate with Sponsor via TikTok, in which case Sponsor, in its sole discretion, may terminate or modify the Contest, to the fullest extent permitted under law. It is a potential Winner’s responsibility to set his/her Account as applicable, to accept contacts by Sponsor and to timely check such Account for any Sponsor direct messages and announcements.
To participate in the Contest, during the Contest Period (defined below) the Participant must undertake the following:
- Using your personal public TikTok Account, post a video on TikTok of you dancing to the Cooking Mama Cookstar music/video posted on the TikTok account @cookstardancechallenge or #cookstardancechallenge (you are required to dance to the music played in the post); and
- include #cookstardancechallenge in the post with your video (each, an “Entry”) during the Contest Period
(collectively, an “Entry”).
Sponsor, in its sole discretion, may accept a mistyped hashtag or Entry. Normal Internet access and usage charges imposed by your online service and/or phone service will apply. If you opt to receive Sponsor’s posts, comments or direct messages via your wireless mobile device (which may only be available via participating wireless carriers), standard text messaging rates, airtime and carrier charges will apply for each text message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier.
Multiple Participants are not permitted to share the same Account. In the event of a dispute as to any Entry, the authorized account holder of the Account will be deemed to be the Participant. The “authorized account holder” is the natural person who is assigned to the Account. The potential “Winner” (as defined below) may be required to show proof of being the authorized account holder.
For purposes of this Contest, only Entries that are recorded through TikTok’s servers will be considered. Other proof of submitting an Entry (such as a printed or copied screenshot or message) does not constitute proof of actual receipt of the Entry for purposes of this Contest.
Entries must be received during the applicable Contest Period Week to be entered into the corresponding contest. No substitutions of new versions of any Entry will be accepted under any circumstances once the original Entry is submitted for consideration.
There is a limit of (1) one Entry per person, per TikTok Account for each Contest Period Week. Multiple entries received from any person or Account during each Contest Period Week will be void (regardless of whether one person has more than (1) one Account, or if more than one person uses the same Account). If your TikTok Account is set to “private,” your post will not be visible to Sponsor and, therefore, will not be received by Sponsor, resulting in your failure to enter the Contest. Entries generated by script, macro or other automated means are void. Sponsor expressly reserves the right to disqualify any entries that it believes in good faith are generated by an automated program or via scripts. Non-winning entries received during Contest Period Week will not roll over to future Contest Period Weeks, and non-winning entries received during the Contest Period will not be entered into subsequent promotions or drawings.
- Selection of the Winner:
Each of the four (4) TikTok Ambassadors will select one (1) eligible Participant with the highest total score from each Contest Period Week to be the potential winner (“Winner”) of the Prize (defined below), based on the following criteria/scoring breakdown:
- 50% of total score: originality of Entry
- 50% of total score: adherence to dance moves by “Cooking Mama” in Entry
In the case of a tie, Sponsor will select the Participant based on the originality of the Entry. Any dispute regarding the Participant’s total score will be determined by Sponsor in its sole discretion.
Sponsor or it’s representatives will select and announce the potential Winners approximately 72 hours after the end of each respective Contest Period Week. Sponsor in its discretion may announce potential Winners on its website(s) and/or social media accounts, providing the name and TikTok Account name of the Winners.
Each Participant selected as a potential Winner must comply with all terms and conditions set forth in these Official Rules, and winning is contingent upon fulfilling all such requirements.
All determinations are final and binding with respect to all matters relating to the Contest.
- Conditions of Participation:
Sponsor reserves the right to verify the eligibility of the participation of all Participants. Sponsor reserves the right to disqualify any Participant.
The Winners of the Contest will each receive a (i) Nintendo Switch Lite and (ii) a Cooking Mama Cookstar game for the Nintendo Switch (ARV: $250 USD) (a “Prize”). The total Prizes awarded during the Contest have an approximate retail value of $13,000 USD.
If a potential Winner is unable to receive and accept the Prize for any reason, the potential Winner will forfeit the Prize and Sponsor will select an alternative potential Winner in accordance with the selection process above. Should taxes or duties be payable on the Prize, the Winner shall be responsible for completing the declarations required by the relevant authorities and shall ensure that the relevant taxes or duties are duly paid. Prize will only be awarded and delivered to an address within the fifty United States or Washington, D.C., unless the Sponsor, in its sole discretion, awards the Prize in-person to the Winner. All taxes on Prize and all costs and expenses related to acceptance and use of the Prize not specified in these Official Rules as being provided are the sole responsibility of Winner. Sponsor reserves the right, in its sole discretion, to substitute and/or modify the Prize with a prize of comparable or greater retail value.
Each Winner must provide the Sponsor, at the time of Sponsor’s request, with all necessary information and documentation for Sponsor to deliver the Prize (including a mailing address in the United States (no P.O. Boxes)).
- Notification of Winner and Claiming of Prize:
Sponsor will announce and notify each potential Winner approximately 72 hours after the end of the respective Contest Period Week via a public message and/or direct message sent to the Winner’s Account on TikTok with a request for their full name, e-mail address, mailing address, and/or other contact information. To claim the Prize, the potential Winner must respond to the notification from Sponsor (or its affiliated company) within a period of five (5) days from the first notification attempt. If a potential Winner does not respond within a period of five (5) days from the first notification attempt, or if a notification is returned as unclaimed or undeliverable to such potential Winner, such potential Winner will forfeit the applicable Prize. Potential Winner (and/or their Parent, if potential winner is a Minor) may be required to complete an affidavit of eligibility and publicity release (an “Affidavit of Eligibility”) as well as any additional required information, releases or responses, and/or W-9 Forms of the IRS (if required by IRS regulations) or other tax forms prior to the delivery of any Prize. Sponsor may require the Winner to have its Affidavit of Eligibility affirmed by a Surrogate’s Court if the Winner is a Minor (as a precondition to winning the Prize). If Sponsor requires Winner (and/or their Parent) to complete an Affidavit of Eligibility, the potential Winner (and/or their Parent) must return the fully executed Affidavit of Eligibility and provide all other requested information and documents to Sponsor within five (5) days following the date of first attempted notification. Failure to comply with this deadline may result in forfeiture of the Prize and selection of an alternate Winner.
If the Winner declines the Prize for any reason prior to award, is found to be ineligible, has not complied with these Official Rules, or cannot be contacted for any reason within a period of five (5) days following the said announcement, or is unable to receive the Prize for any reason whatsoever, the said person shall be disqualified and replaced by another Winner in accordance with the selection process above. Sponsor shall have no liability for any potential Winner notification that is lost, intercepted or not received by a potential Winner for any reason. Sponsor is not responsible for and will not replace any lost or stolen Prize or any Prize that is undeliverable or does not reach the Winner because of incorrect or changed contact information.
The Prize cannot be transferred or be traded off against an equivalent amount of money. The Prize is awarded at the total discretion of Sponsor or of its affiliate companies, and no Prize will be awarded if a Participant has committed, or benefited from, irregular actions for this purpose. The awarding of the Prize may not be contested, and the Prize may not be either exchanged or replaced, except at Sponsor’s sole and absolute discretion. The Prize is awarded “as is” with no warranty or guarantee, either express or implied.
- Publicity / Licenses and Approvals
By participating in this Contest, you agree to permit Sponsor and its agents and designees to use your Entry, name, city and state/hometown address, voice, statement, image and/or other likeness for advertising, publicity and promotional purposes, in any manner, in any and all media, now or hereafter developed, including, but not limited to, within Sponsor’s website and on Sponsor’s social media pages, in perpetuity, worldwide without further consideration (unless prohibited by law) or permission from, or notification to, you, and you further agree to execute any specific consent needed or requested by Sponsor or its designees in furtherance of such use.
By submitting an Entry, Participant grants Sponsor and its parents, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, shareholders, partnership, members, principals, employees, agents, contractors, designees, or suppliers an irrevocable, perpetual, non-exclusive worldwide license to publish, post, display, copy, distribute, transmit, edit, use alone, together or with other works, and otherwise exploit the Entry, Participant’s name, voice, persona, likeness, image, prize information, any quotes attributable to Participant, biographical data and any other indicia of persona in any manner whatsoever throughout the world, including on the Internet, and at any time or times, in connection with the Contest, in any and all forms of media, now known or hereafter discovered, without additional compensation, review or approval rights, notification or permission, except where prohibited by law, and Participant releases all Released Parties from any and all liability related thereto. PARTICIPANT FURTHER ACKNOWLEDGES THAT IF PARTICIPANT IS CHOSEN AS A WINNER, PARTICIPANT’S IDENTIFYING INFORMATION, INCLUDING BUT NOT LIMITED TO PARTICIPANT’S NAME, MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, BEING PLACED ON A WINNERS’ LIST.
- General Conditions
Participation in the Contest implies the acceptance by the Participants of the technical vagaries linked to the use of electronic means of communication, including connections to the Internet or mobile telephones. Sponsor and its affiliated companies may not be held responsible in the event of any damage, loss, prejudice or misfortune suffered by any Participant as a consequence of participation in the Contest.
By participating in this Contest, you agree: [a] to be legally bound by these Official Rules and decisions of Sponsor, which shall be final and binding in all respects relating to the Contest; and [b] to release, waive, discharge, indemnify, defend and hold harmless Sponsor, TikTok, and their respective parents, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, shareholders, partnership, members, principals, employees, agents, contractors or suppliers (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind arising out of or related to their participation in the Contest or their acceptance, use or misuse of the Prize including, without limitation, personal injury, death and property damage, and claims based on publicity rights, copyright, trademark, defamation or invasion of privacy.
By entering the Contest, you represent and warrant as follows: [a] you are eligible to win the Prize; [b] you did not submit any false or deceptive information in your participation in the Contest; and [c] you did not violate these Official Rules. Sponsor reserves the right to disqualify (and refuse to accept or remove) any Participant that Sponsor, in its sole discretion, deems to violate these Official Rules. Released Parties are not responsible for and shall not be liable for: [a] electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the processing of any calculations; [b] failed, incomplete, garbled or delayed computer transmissions; late, lost, inaccurate, delayed, stolen, garbled, misdirected, illegible, or incomplete entries or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the potential Prize winner; or any condition caused by events that may cause the Contest to be disrupted or corrupted. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by you or any other individuals, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person or their property related to or resulting from participating in this Contest or from the use of the Prize. Persons who tamper with or abuse any aspect of the Contest, who act in an unsportsmanlike or disruptive manner, or who are otherwise in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Sponsor reserves the right, to the extent permissible under law, in its sole discretion, to cancel, terminate, modify or suspend the Contest or any portion thereof, and limit entries to those submitted prior to the action taken, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion and, if terminated, to award the Prizes from all non-suspect, eligible entries received prior to such action or as otherwise deemed fair and appropriate by Sponsor. 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. In the event that 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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor’s decisions will be final in all matters relating to the Contest, Sponsor reserves the right to restrict or void online Entries or participation from any IP address if any suspicious Entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void Entries of any Participants who Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of the Contest. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Sponsor’s sole discretion. Participants waive any right to claim ambiguity in the Contest or these Official Rules. If Sponsor determines at any time in its sole discretion that Participant is disqualified, ineligible, or in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right in its sole discretion to select an alternate winner. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE CONTEST VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW AND MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT.
Except where prohibited, Participant agrees that: (1) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred in entering this Contest (not to exceed $10.00), and in no event will Participant be entitled to obtain attorneys’ fees or other legal costs; (2) Participant’s remedies are limited to a claim for money damages (if any) and Participant irrevocably waives any right to seek injunctive or equitable relief; and (3) under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, indirect, special, punitive, incidental and consequential damages and any other damages, except as expressly provided above, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any Participant, potential Winner, or Winner or any person claiming through such Participant, potential Winner, or Winner for failure to supply the Prize or any part thereof in the event that any of the Contest activities or the Released Parties’ operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war, fire, flood, pandemic, epidemic, virus, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike labor or material shortage, transportation interruption of any kind, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.
- Governing Law/Jurisdiction: Subject only to the following paragraph, the Contest and these Official Rules, including, but not limited to, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you, other participants, the potential Winners, Winners, the Sponsor, shall be exclusively governed by and construed in accordance with the laws of the State of New York, U.S.A. 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. Subject only to the following paragraph, any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded or not awarded shall be resolved individually, without resort to any form of class action, and exclusively by the Courts located in New York County, New York.
- Winner’s List/Official Rules: To obtain any legally-required winner’s list (after the conclusion of the Contest) or a copy of these Official Rules, send a written request, enclosed with a self-addressed envelope with the proper postage affixed, to: Planet Entertainment LLC, 3200 South Congress Avenue, Suite 101, Boynton Beach, FL 33426 (VT residents may omit return postage). The request must be received within three months after the conclusion of the Contest Period.
This Contest is in no way sponsored, endorsed or administered by, or associated with TikTok or Nintendo of America Inc. You understand that you are providing your information to Sponsor. If you have any questions about this Contest, please contact Sponsor.