“TMILLYTV DANCE FILMING WITH TOYOTA”
*Updated effective as of August 16, 2019
KCON 2019 LOS ANGELES
“TMILLYTV DANCE FILMING WITH TOYOTA”
VOID WHERE PROHIBITED.
FOR MINORS 13 AND OLDER: BEFORE ENTERING, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO YOUR PARTICIPATION IN THE CONTEST
PLEASE READ THESE KCON 2019 LA “TMILLYTV DANCE FILMING WITH TOYOTA” CONTEST OFFICIAL RULES (“OFFICIAL RULES”) CAREFULLY. IN CONSIDERATION OF CJ ENM AMERICA, INC. PERMITTING YOU TO PARTICIPATE IN THE CONTEST, WHICH YOU ACKNOWLEDGE IS GOOD, VALUABLE, AND SUFFICIENT CONSIDERATION, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES. THESE OFFICIAL RULES ARE A CONTRACT THAT INCLUDES LIMITATIONS OF YOUR RIGHTS AND REMEDIES.
- ELIGIBILITY: The KCON 2019 LA “TMILLYTV Dance Filming with Toyota” Contest (“Contest”), sponsored by Toyota Motors North America, Inc. and CJ ENM America, Inc. (collectively, the “Sponsor”), shall begin at 3:00 p.m. on August 16, 2019 and end at 4:30 p.m. on August 17, 2019 (the “Promotion Period”). The Contest is open only to legal residents of the contiguous United States, and the District of Columbia (excluding residents of Arizona and Rhode Island) (“Eligibility Area”) who comply with these Official Rules in all respects. Participation in the Contest is limited to individuals eighteen (18) years of age or older (as of the date the individual commences participation in the Contest) or minors thirteen (13) years or older with parental consent, documented by a completed Parental/Guardian Consent Form. Minors who do not obtain a valid, completed Parental/Guardian Consent Form are not eligible to enter or win. Employees, officers, and directors of Sponsor or Sponsor’s parents, subsidiaries, and affiliates, and the immediate family members of such individuals (spouse, parents, siblings, children, legal guardians, in-laws, grandparents, and grandchildren, regardless of where they reside) and members of the same households (whether legally related or not) of such individuals, are not eligible to enter or win.
By participating in the Contest, you (an “Entrant” or “you”) unconditionally accept and agree to be bound by and comply with these Official Rules and the decisions of Sponsor, including the interpretation of these Official Rules, which shall be final and binding in all respects.
The Contest is void outside the Eligibility Area and wherever prohibited by law or where the registration or filing requirements of any state or local jurisdiction have not been complied with. Entries submitted by Entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.
- CONTEST DESCRIPTION: Show us your K-Pop cover dance skills at Toyota’s booth at KCON! If you think your group has what it takes to perform like a K-POP group, come to the Toyota booth on Friday August 16, 2019 to participate in an open audition for a chance to be filmed live by legendary dancer-filmmaker Tim Milgram! All entries will be judged using the criteria in Section 6 and two (2) groups will be selected to win the prize as specified in Section 7.
- HOW TO ENTER*: You may enter the Contest by doing the following:
- Form your group! Minimum of 3 people, maximum of 13 people per group.
- Each member of your group must have a ticket to the KCON convention for Friday August 16, 2019;
- Register/sign up to audition at the Toyota booth located on the convention floor (Sponsor Zone) between 3:00 p.m. and 3:40 p.m. with the TMillyTV staff.
- Perform a dance cover in front of the Contest judges, to one of the following songs:
- Ateez – “Say My Name”
- StrayKids- “MIROH”
- Nu’est – “Bet Bet”
- Itzy – “Dalla Dalla”
- Mamamoo – “Gogobebe”
- SF9 – “Now or Never”
- Oneus – “Twilight”
- IZ*ONE – “La Vie en Rose”
- Seventeen- “Oh My!”
- Loona – “ Butterfly”
*All Entrants and members of your group must know the full choreography of the selected song.
- The length of audition will range between 1 minute to 1 minute 30 seconds, at Sponsor’s sole discretion.
- By completing the foregoing, you and your group will be entered into the Contest.
*NOTE: This call-to-action is subject to change at Sponsor’s sole discretion.
ENTRIES ARE LIMITED TO ONE (1) ENTRY PER PERSON. MULTIPLE ENTRIES ARE NOT PERMITTED (I.E., A PERSON MAY NOT ENTER THE CONTEST IN MULTIPLE GROUPS). Please refer to Section 9 for additional information regarding Disqualification.
As a condition of entering the Contest, each Entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Contest and complying with applicable laws, regulations and rules.
- Open Audition Period: The “Open Audition Period” shall begin at 3:00 p.m. Pacific Time (“PT”) on August 16, 2019, and end at 3:40 p.m. PT on August 16, 2019 on a first come first serve basis. During the Open Audition Period, two (2) qualified judges will record and evaluate your group’s performance.
- Re-Evaluation Period: The “Re-Evaluation Period” shall begin on 4:00 p.m. PT on August 16, 2019, and end on or about 8:00 p.m. PT on August 16, 2019. During the Re-Evaluation Period, the judges will re-evaluate the groups’ recorded performances and select the top two (2) groups as the “Winners.” Two (2) runner-up groups shall also be selected to be on stand-by in the event of a disqualification or no-show.
- Winner Notification: The Winners (and runner-ups) will be announced by no later than 10:00 a.m. PT on August 17, 2019. Sponsor will announce the Winners on KCON’s official instagram account.
- Prize Participation: The two (2) Winners will be invited to dance at the Toyota booth on August 17, 2019 at 4:00 p.m. PT (Winners must be available to participate in filming from 3:30 p.m. to 4:30 p.m.) and be filmed by Tim Milgram (TMillyTV)! The video will be posted on TMillyTV’s official Instagram account and other media outlets (e.g., Toyota, KCON, TMilly), in Sponsor’s sole disretion.
- CONTENT ENTRY GUIDELINES:
All Entries must comply with the following Entry Requirements and Content Restrictions in order to qualify. All entries will be reviewed for compliance to these Official Rules prior to judging. Any entries that are not in compliance with these Official Rules will be disqualified. Please review them carefully.
Entrants agree to and understand that entries will be made available to the public, including without limitation, posting on the Internet. Whether or not entries are published on the Internet, Sponsor does not covenant or guarantee any confidentiality with respect to any entries.
- Entry Requirements
- Entries must be an original creation of the submitting Entrant, which is under no restriction, contractual or otherwise, which would prevent Sponsor’s use or exploitation of the entry. Modifying, enhancing or altering a third party’s protected pre-existing work does not qualify as Entrant’s original creation for purposes of this Contest.
- Entries must be suitable for presentation in a public forum, in the sole determination of Sponsor.
- Entries must not infringe on any intellectual property rights (e.g., copyrights, confidential information, trade secrets, trademarks) belonging to any third party absent a suitable license, clearance or permission agreement (proof of which is required upon submission) or violate any person’s rights of privacy or publicity;
- Entrant agrees all entries and materials submitted to Sponsor become the property of Sponsor and will not be returned.
- Content Restrictions. Entries must not contain material that:
- references, identifies, or depicts any persons or organizations (e.g., musical artists, celebrities, entertainment companies or agencies, their respective logos and trademarks) including names, likenesses, photographs, or other indicia without their written permission or unless such use is an incidental reference to such person or organization;
- contains or depicts the act of smoking or intoxication;
- violates or infringes another’s rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes infringement (e.g., copyright infringement);
- contains material that is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or otherwise;
- contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements);
- contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise sexually explicit or suggestive, inappropriate, indecent, profane, obscene, hateful, violent, derogatory, slanderous or libelous;
- defames, misrepresents, or disparages any persons or organizations, including Sponsor, or each of their products or services;
- includes threats to any person, place, business or group;
- includes any personally identifiable information, such as names, email addresses, birth dates, identification numbers, etc.;
- is otherwise unlawful, in violation of or contrary to any applicable federal, state, or local laws and regulations; or
Any failure of an entry to comply with the above Entry Requirements and Content Restrictions, as determined by Sponsor in its sole discretion, may result in disqualification of Entrant. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any entry that, in its sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Contest, or any other person or entity, does not comply with these Official Rules, or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein.
- JUDGING; WINNER SELECTION: All entries will be screened to ensure they meet the Content Entry Guidelines set forth in Section 5. A team of qualified judges selected by Sponsor will score the qualifying entries. Entries will be scored using the following “Judging Criteria”:
- For Winner selection:
- i) Skill (60% of score)
- Facial expressions
- Camera presence
- ii) Musicality (25% of score)
- i) Skill (60% of score)
- iii) Style (15% of score)
- Strategic costuming and wardrobe
- K-POP idol concepts and fashion
After the Re-Evaluation Period, the entries with the two (2) highest overall scores shall be selected as the Winners, pending verification of eligibility and compliance with these Official Rules and Sponsor’s instructions. In the event of a tie after the Re-Evaluation Period ends, the tie shall be broken by selecting the entry with the higher/highest skill score.
The decisions of Sponsor shall be final and binding in all matters relating to this Contest.
Notwithstanding any other provisions of these Official Rules, if at any time during the Open Audition Period or Re-Evaluation Period, or at any time thereafter, the Sponsor determines that not enough or no eligible Entrants exist from which to determine the Winners, or that individuals have manipulated or tampered with the Contest making fair administration impossible, then Sponsor may, in its sole discretion, either suspend or terminate the Contest or modify it (or any parts thereof) in any equitable manner that Sponsor deems appropriate.
- Cover Dance Filming with TMillyTV:
- Two (2) Winners
- Filming shall takes place at the KCON 2019 LA Convention on Saturday August 17, 2019, between 3:30 p.m. and 4:30 p.m., at the Toyota Booth located in the Sponsor Zone
- Winners will dance on the Toyota dance floor for up to 15 minutes
- Two (2) Winners
- Recording and edited footage will be featured in TMilly’s video that will be posted on the official TMilly Instagram account (and possibly other TMilly, Toyota, and KCON social media accounts)
- Winners will be provided with KCON Convention tickets for Saturday, August 17, 2019 to participate in the filming, if they do not already have tickets.
All transportation and travel costs to the Event are the sole responsibility of the Winner, unless otherwise specified herein. Sponsor shall not be responsible or liable for any additional costs, such as meals, incurred by the Winner unless specified herein.
Any Prize details not specified herein will be determined by Sponsor in its sole discretion.
The Prize, or any part thereof, is not transferable, assignable, or redeemable for cash. The Prize, or any part thereof, may not be sold, bartered, or exchanged. No substitutions by a Winner will be allowed.
By accepting the Prize, the Winners acknowledge compliance with these Official Rules. Awarding of the Prize is subject to the verification of eligibility, each Prize Winner’s acceptance of all requisite conditions within these Official Rules, Winner’s agreement to grant the rights set forth in these Official Rules, and submission of the Required Documents detailed in Section 8. If necessary, due to the unavailability of any portion of the Prize for any reason, a substitution of equal or greater value may be awarded at Sponsor’s sole discretion.
All Federal, state and local tax liabilities and fees associated with prize receipt are the responsibility of the Contest Winners.
Disclaimer: Please be advised that in order to win the Contest, an Entrant must be able to attend KCON 2019 LA in Los Angeles, California (Friday and Saturday depending upon the applicable date). As between Sponsor and the Winners, it will be the Winners’ sole responsibilities to make all arrangements (e.g., transportation, lodging, meals) in order to attend KCON 2019 LA. If an Entrant is unable to attend KCON 2019 LA, the Entrant will be ineligible to win the Contest, and an alternate Entrant may be selected as a Winner.
- WINNER NOTIFICATION; PRIZE CLAIM: The Winners will be determined and notified on August 17, 2019, by 10:00 a.m. Two (2) additional runner-up groups may be notified as stand-bys.
Each Winner shall be required to execute and return an Affidavit of Eligibility and Liability/Publicity Release (and Parental/Legal Guardian Consent Form, if applicable). All documents required as set forth herein may be referred to as the “Required Documents.” Such Required Documents must be received by Sponsor by August 16, 2019, but no later than at the time of issuance of the Prize on location at KCON 2019 LA. The Required Documents may request information of a Winner, including full name, home phone number, e-mail address, date of birth, and parent/legal guardian’s name and e-mail address, if applicable.
Awarding of a Prize is subject to each Winner’s acceptance of, and compliance with, these Official Rules. If requested by Sponsor, Entrants must show photo identification for Sponsor to verify that the eligibility requirements are met. An Entrant’s failure to respond to the winner notification, failure to return all Required Documents by August 16, 2019, or failure to be in compliance with these Official Rules in any way may result in the Entrant’s disqualification, and Sponsor may, in its sole discretion, award the Prize to an alternate winner (i.e., runner-ups) or, if time does not permit, not award the Prize.
- DISQUALIFICATION: Sponsor may disqualify an Entrant (and cause any Prize that has been awarded, if any, to be forfeited) due to any of the following: (a) the Entrant fails to comply with any of the terms, conditions, requirements, restrictions, or limitations of these Official Rules (as determined by Sponsor in its sole discretion); (b) the Entrant fails to respond to the winner notification or any other notice within fourteen (14) hours after its transmission; (c) the Entrant fails to complete, sign, and return any of the Required Documents after its receipt; (d) the inability of Sponsor to contact a potential Winner (e.g., a Winner notification is returned as undeliverable); (e) Sponsor’s discovery of duplicative or fraudulent entries in violation of these Official Rules; or (f) an Entrant’s failure to maintain his/her behavior in accordance with all applicable laws and generally-accepted social practices in connection with participation in any Contest-related or Prize-related activity, including, without limitation, if the Entrant (i) is uncooperative or disruptive; (ii) annoys, threatens, or harasses any other person; or (iii) attempts or does cause damage to person, property, or the reputation of Sponsor or any other Entrant.
Further, if for any reason this Contest or part thereof is not capable of running as planned, or if this Contest or any website, page or e-mail address associated therewith (or any portion thereof), including but not limited to the KCON website, the official TMilly social media pages, becomes corrupted or does not allow the proper fair play of the Contest and processing of entries in accordance with these Official Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by Entrants (or others), fraud, technical failures, or any other causes, in Sponsor’s sole discretion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Contest or any portion thereof. In the event this Contest is cancelled, the Sponsor may choose, but is not obligated, to conduct a judging to award the Prizes from among all eligible, legitimate Entries received prior to the time of the action or event warranting such cancellation. If such cancellation, termination, modification, or suspension occurs, notification will be posted at http://www.kconusa.com.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, WEB PAGE OR E-MAIL ADDRESS, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
If a Winner is disqualified for any reason, Sponsor may decide, in its discretion, to award the Prize to an alternate eligible Entrant or, if time does not permit, to not award the Prize.
- REPRESENTATIONS & WARRANTIES; INDEMNIFICATION: Entrant represents and warrants that, nothing in the entry infringes on any intellectual property rights (e.g., copyrights, confidential information, trade secrets, trademarks) of a third party absent a suitable license, clearance or permission agreement (proof of which is required upon submission), or violates any person’s rights of privacy or publicity and that all necessary releases and permissions have been secured.
By participating in the Contest, Entrant hereby agrees to release, defend, indemnify and hold harmless Sponsor, TMilly TV, their parents, affiliates and subsidiaries, and each of their respective officers, directors, shareholders, employees, agents, professional advisors, and representatives (collectively, the “Promotion Parties”), from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by Entrant of these Official Rules or the warranties and representations made by Entrant in this Section. Entrant also hereby agrees to release, defend, indemnify and hold harmless the Promotion Parties from and against any and all claims, demands, suits, damages, losses, injuries, liabilities, costs and expenses (including, without limitation, reasonable attorney fees and expenses), and causes of action of any nature whatsoever (whether under a theory of contract, tort (including negligence), warranty or otherwise) which Entrant or Entrant’s heirs, representatives, executors, administrators, or any other persons acting on Entrant’s behalf or on behalf of Entrant’s estate, have or may have, that arise from or are in connection to: (i) Entrants’ action, inaction, or other fault in connection with the Contest; (ii) Sponsor’s exercise of any rights granted by Entrant in these Official Rules; (iii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor’s use of the entry and any portion thereof, or the likeness of any natural person therein; (iv) Entrant’s participation or inability to participate in the Contest or parts thereof; or (v) Entrant’s acceptance of, use of, or inability to use, a Prize or parts thereof.
- DISCLAIMERS: The Promotion Parties shall not be responsible for any actual or purported disruptions, injuries, losses, or damages regarding or relating to the Contest. In addition, Sponsor is not liable to a Winner or any other person for failure to supply a Prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Sponsor’s sole control. THE Prize IS awarded “as is, where is,” without warranty of any kind, express or implied, including without limitation any warranty of merchantability or suitability for a particular purpose. Sponsor is not responsible for any typographical or other printing errors in the offer or administration of the Contest.
- GOVERNING LAW; DISPUTE RESOLUTION: The laws of the State of California apply to and govern the Contest, as well as any disputes or claims arising from or in connection with the Contest. The parties agree that any and all disputes or controversies of any nature between them arising at any time shall be determined by confidential, final and binding arbitration, in accordance with the arbitration rules of JAMS to be held in Los Angeles County, California, before a single neutral arbitrator. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS, with JAMS rules applied to break any deadlock in selecting an arbitrator.
- PUBLICITY AUTHORIZATION: By participating in the Contest, Entrant hereby authorizes and grants the right to the Promotion Parties the right to print, publish, broadcast, depict, reproduce, and use the Entrant’s name, portrait, picture, likeness, voice, statements attributable to him/her, city and state of residence, and other biographical information for advertising and promotional purposes throughout the world in any and all media now known or existing at any time in the future, without further approval, notification, or compensation. Entrant acknowledges and agrees that this authorization is intended to satisfy all consent requirements of California Civil Code Sections 3344 and 3344.1, and Entrant hereby waives and releases any and all claims that Entrant may have or hereafter have against the Promotion Parties under such statutes or any other statutes or common law principles of similar effect.
- LIMITATION OF LIABILITY: ENTRANTS WAIVE THE RIGHT TO CLAIM ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, DIRECT, OR INDIRECT DAMAGES, AGAINST THE PROMOTION PARTIES RESULTING FROM, ARISING FROM, OR IN CONNECTION WITH PARTICIPATING IN THE CONTEST OR ANY PRIZE ACTIVITY. The Promotion Parties are not responsible for: any incorrect or inaccurate entry information; human errors; unclear or incomplete entries; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including without limitation any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in the Contest; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any website or for any other reason whatsoever; typographical, printing or other errors; any entries which are late, lost, incomplete, misdirected, stolen, mutilated, illegible, or postage due, or any combination thereof.
- WAIVER OF CALIFORNIA CIVIL CODE SECTION 1542: Entrants acknowledge that they have read and understood the provisions of California Civil Code Section 1542, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Being aware of such statutory right, by participating in the Contest, Entrants expressly waive any rights under California Civil Code Section 1542 as well as any other statutes or common law principles of similar effect.
- GENERAL: All federal, state, provincial and local laws and regulations apply. Void where prohibited by law. Decisions of Sponsor are final and binding in all matters related to the Contest. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid, unenforceable, or illegal provisions were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of any provision. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials and these Official Rules, these Official Rules shall prevail, govern, and control, and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
Sponsor reserves the right to amend or revise these Official Rules at any time and for any reason. Notice of any such change will be posted on Sponsor’s KCON website (http://www.kconusa.com) or on the Contest posting on Sponsor’s social media account(s).
- WINNERS LIST: Please visit the official KCON website (http://www.kconusa.com) for a copy of these Official Rules.
- COPYRIGHT NOTICE: The Contest and all accompanying materials are a copyright of CJ ENM America, Inc.
- NO IMPLIED ENDORSEMENT: The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company, or the inclusion of a product or service as the Prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated no association or endorsement is intended or should be inferred.
Sponsor: Toyota Motors North America, Inc.; CJ ENM America, Inc.