Billboard NXT 2021 Powered by Samsung Galaxy
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
CONTEST DESCRIPTION AND TIMING: The Billboard NXT 2021 Powered by Samsung Galaxy contest (the “Contest”) is a singing and performance contest for aspiring musical artists. The submission period for the Contest begins on or about September 28, 2021 at 1AM Eastern Time (“ET”) and ends on October 5, 2021, at 11 PM ET (the “Submission Period”). The challenge period for the Contest begins on or about November 5, 2021 at 8 AM ET and ends on December 8, 2021 at noon ET (the “Challenge Period”). The grand finale event (“Grand Finale”) will take place on or about December 13, 2021 at 8 PM ET.
ELIGIBILITY: Participants in the Contest (“Participants”) must be at least 18 years of age or the age of majority in their state of residence, whichever is older, at time of entry and be legal residents of one of the 48 contiguous United States or the District of Columbia (“Contest Area”). All Participants must be non-professional singers and unsigned (i.e., must not be under contract or bound by any agreement with a music publisher, record label, or any other third party that may claim ownership of their music and not a member of SAG-AFTRA or any other professional/union organization, performing rights organization or guild for musicians or actors). A non-professional singer is one who earned 10% or less of his or her income in the 24 months preceding the Contest start date from any activity related to singing, such as performing as a singer, teaching voice, or otherwise monetizing singing talent. This Contest is void where prohibited by law and outside the Contest Area. Employees, officers, and directors of Billboard Media, LLC (“Sponsor”), Samsung, and of their parent companies, affiliates, or subsidiaries, and of their advertising agencies, promotional agencies, and of any other individual or company involved in the development, promotion, or execution of the Contest, and members of those individuals’ immediate families (spouse, parents, children, and siblings, and their respective spouses and children, regardless of where they reside), and persons living in the same household (whether or not related, who have lived together for at least three of the 12 months preceding the Contest start date) of such individuals are ineligible to enter. Sponsor will determine in its sole discretion whether a potential Participant meets the eligibility requirements. By participating, Participant agrees to these Official Rules, and the decisions of the Sponsor and/or the judges, which are final and binding in all respects.
HOW TO ENTER: In order to enter, Participants must record a video of themselves singing a cover of a song (“Submission Video”). Sponsor will designate the song the Participants will sing (the “Song”), and Participant must perform the Song in the Submission Video. When performing the Song, Participant must use the backing track for the Song that Sponsor will make available on TikTok. Participant must not use any other song in the Submission Video, and Participant must not alter the lyrics of the Song. Each Submission Video must contain #BillboardNXT and #contest. In order to complete the entry, Participant must post the Submission Video on the Participant’s TikTok account. The Submission Video must be no more than 60 seconds long, and Participant must perform the Song in English. The Submission Video must include the correct hashtags and no other text. Participant must have a TikTok account, which can be opened for free at www.tiktok.com or by downloading the free TikTok application onto your smart phone from the appropriate app store. Any privacy settings should be set to allow public viewing of the Song. All entries must be received by the close of the Submission Period to be considered. Each entry must comply with the Requirements (set forth below) and these Official Rules. Limit one entry per Participant. Entries received from any Participant in excess of the limitation will be void if discovered by Sponsor. No forms of entry other than as stated in these Official Rules will be accepted.
SUBMITTED MATERIALS: Each Submission Video and Challenge Video (defined below) must satisfy the following requirements (the “Requirements”), as applicable:
- The Submission Video and Challenge Videos must not portray any recognizable individual, other than the Participant.
- The Submission Video and Challenge Videos must not portray any recognizable product or brand, other than Samsung.
- Participant must not wear any clothing or display any tattoos or other bodily markings that have copyrighted images, trademarks, designer names or logos, corporate names or logos, sports team or university names or logos, the names or images of any living or dead people, images of cartoon characters, or inappropriate messages or words (for example, profanity) in the Submission Video and Challenge Videos.
- Participant must not wear any clothing in the Submission Video and Challenge Videos that is overly revealing.
- Participant must either own all rights to the Submission Video and Challenge Videos (except where using music supplied by Sponsor) or otherwise have the right to submit the Submission Video and Challenge Videos in the Contest and to provide the rights to Sponsor as set forth herein.
- The Submission Video and Challenge Videos must not portray any dangerous activity.
- The Submission Video and Challenge Videos must not infringe any third party’s intellectual property right.
- The Submission Video and Challenge Videos must not contain illegal, indecent, obscene, pornographic, or sexually explicit content, or otherwise offensive material or inappropriate content such as aberrational behavior, graphic violence, drug abuse, or nudity (exposed breast, pubic areas, or buttocks).
- The Submission Video and Challenge Videos must not promote bigotry, racism, hatred, or harm against any group or individual or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
- The Submission Video and Challenge Videos must be non-defamatory and must not invade any third party’s right of privacy or publicity.
- The Submission Video and Challenge Videos must otherwise be appropriate for publication or broadcast or display on a general interest website.
By submitting a Submission Video and, if applicable, Challenge Videos, each Participant represents and warrants that the Submission Video and, if applicable, Challenge Videos meet all of the Requirements and that the distribution, reproduction, display, and any other uses of any part of the Submission Video and, if applicable, Challenge Videos by Sponsor and Samsung as permitted herein will not infringe any third-party rights. Each Participant further agrees to indemnify and hold Released Parties (defined below) harmless from and against all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by such Participant of such warranties or representations made by Participant or of these Official Rules. If Sponsor has any questions regarding the intellectual property or other rights implicated in a Submission Video or Challenge Video, Participant agrees to cooperate fully with Sponsor in addressing any such questions. By submitting a Submission Video and, if applicable, Challenge Videos, Participant grants to Sponsor and Samsung (and to their licensees and those acting on their behalf) a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the Submission Video and, if applicable, Challenge Videos (in whole or in part) as Sponsor, in its sole discretion, deems appropriate including, without limitation: (a) in connection with Sponsor and Samsung’s business, including but not limited to the display on the Distribution Outlets (defined below) and use in the Sizzle Reel (defined below); and (b) in connection with the businesses of Sponsor and Samsung’s parents, subsidiaries, affiliates, successors, and assigns. Sponsor and Samsung may exercise this grant in any format, media, or technology now known or later developed for the full term of any copyright that may exist in such Submission Video and, if applicable, Challenge Videos. Participant otherwise will retain all rights in the Submission Video. If Sponsor determines, in its sole discretion and at any time during the Contest, that any Submission Video and, if applicable, Challenge Video violates the Requirements, is otherwise unsuitable, offensive, or in poor taste, or violates these Official Rules, Sponsor reserves the right to remove and disqualify the Submission Video and, if applicable, Challenge Video.
CONTESTANT SELECTION: After the close of the Submission Period, a panel of judges will select 12 Participants as contestants (“Contestants”) from among eligible entries. The judges will employ the following criteria: musicality (40%), star quality (20%), charisma (20%), and technical skill (20%).. The 12 Participants who submit the highest scoring Submission Videos will be deemed Contestants. If there is a tie for the last Contestant position, the judges will re-judge the tied entries to determine the Contestant.
CONTESTANT NOTIFICATION AND VERIFICATION: Sponsor will announce the potential Contestants after the close of the Submission Period. Sponsor will attempt to notify the potential Contestants by email or by direct message on TikTok. The potential Contestant must complete, sign and return, within 72 hours of the time of notification, a Contestant release and Federal Form W-9 (with a valid Social Security number) as well as any other documents required by Sponsor. The potential Contestants, Finalists (defined below), and/or Grand Prize Winner may be required to agree to a background check, to complete a background check release, and to provide any information that Sponsor reasonably requests to conduct a background check, including Social Security number, and understand that no further notice is required to be provided to them by Sponsor with respect to such background check, and that Sponsor has the right, but not the obligation to conduct such background check prior to identifying a potential Contestant, Finalist, or Grand Prize Winner. Factors that may result in disqualification as a Contestant, Finalist, or Grand Prize Winner, in Sponsor’s sole discretion, include, without limitation, negative driver history or record, any drug or alcohol dependency, criminal arrests or convictions, civil law suits alleging misconduct – either settled or still pending, and any other fact or allegation that, in Sponsor’s reasonable discretion, would be inconsistent with the reputation, image, messages, and goodwill that Sponsor and Samsung seek to convey and be associated with, whether such facts are revealed to Sponsor or Samsung in connection with a background check or otherwise. If the Release or any required documentation are not returned within 72 hours, if the Contestant notification is returned as undeliverable, if the potential Contestant is not willing and able to engage in the Challenges (defined below), if the potential Contestant does not respond within 24 hours of initial notification attempt, if the potential Contestant does not pass a background check, if Contestant violates any of the agreements signed with Sponsor, if Contestant fails to complete all Challenges (defined below), or if the potential Contestant is found to be ineligible, declines Contestant status, or otherwise is not in compliance with these Official Rules, the Contestant status may be forfeited, and the Participant with the next highest scoring Submission Video may be declared the potential Contestant, time permitting, or the Sponsor may elect not to designate an alternate Contestant.
SAMSUNG DEVICE: Each Contestant will receive a Samsung Galaxy Z Flip smartphone (the “Samsung Device”) for use during Contestant’s participation in the Contest. Contestant must return the Samsung Device to Sponsor at the conclusion of the Contest. The Samsung Device must be undamaged, normal wear and tear excepted, and Contestant will be responsible for the replacement cost of any lost, damaged, or destroyed Samsung Device.
FINALIST SELECTION: During the Challenge Period, Contestants will participate in up to six challenges (“Challenges”) to be determined by Sponsor. Sponsor will provide instructions for each Challenge, including deadlines for submission, and each Contestant must fully comply with all instructions. For each Challenge, the Contestants must film themselves using the provided Samsung Devices (“Challenge Videos”). Contestants must then submit the Challenge Videos to Sponsor for approval before publishing or otherwise disseminating the Challenge Videos on social media or elsewhere. Once Challenge Videos are approved, Sponsor will post Challenge Videos on its TikTok account, and Contestants will be allowed to post Challenge Videos on their TikTok account with #BillboardNXT and #contest and no other text or hashtags. To remain eligible, a Contestant must complete all required Challenges. The Judges will select three Contestants as finalists (“Finalists”). The judges will employ the following criteria: musicality (40%), star quality (10%), charisma (10%), technical skill (20%), and social media analytics that will measure the Submission Video’s “fandom” by analyzing criteria such as “likes” and “shares” (20%). The social media fandom criterion will be measured as of December 7, 2021. Each Contestant’s score will be tabulated by totaling the scores of all of that Contestant’s Challenge Videos, and the three Contestants who receive the highest cumulative scores will be deemed Finalists. If there is a tie for the last Finalist position, the Sponsor will re-judge the tied Challenge Videos to determine the Finalist.
FINALIST NOTIFICATION AND VERIFICATION: Sponsor will announce the potential Finalists after the close of the Challenge Period. Sponsor will attempt to notify the potential Finalists by email. The potential Finalist may be required to complete, sign and return, within 24 hours of the time of notification, Finalist release (“Finalist Release”), and Federal Form W-9 (with a valid Social Security number) as well as any other documents required by Sponsor. If the Finalist Release or any required documentation are not returned within 24 hours, if the Finalist notification is returned as undeliverable, if the potential Finalist is not willing and able to participate in the Grand Finale, if the potential Finalist does not respond within 12 hours of initial notification attempt, if the potential Finalist violates any of the agreements signed with Sponsor, if the potential Finalist does not pass a background check, or if the potential Finalist is found to be ineligible, declines the Finalist prize, or otherwise is not in compliance with these Official Rules, the Finalist status and Finalist Prize may be forfeited, and the Contestant with the next highest Challenge Videos score may be declared the potential Finalist, time permitting, or the Sponsor may elect not to designate an alternate Finalist.
FINALIST PRIZES: Each Finalist will receive a two-day, two-night trip for two to the Grand Finale in New York or Los Angeles on or about December 13, 2021. The Finalist prize consists of the following: roundtrip airfare for Finalist and guest from major airport nearest Finalist’s home to New York or Los Angeles, two nights hotel accommodations for two (double room, standard accommodations) in New York or Los Angeles , and a $500 Visa gift card. Trip must be taken from December 12, 2021 to December 14, 2021. The approximate retail value (“ARV”) of each Finalist prize is $2,500 The total ARV of the Finalist prizes is $7,500. If, for whatever reason, the Grand Finale is not held in person, the Visa gift card will be awarded, but the travel portion of the Finalist prize will not be awarded, and no alternate prize will be offered.
GRAND FINALE: The grand prize winner (“Grand Prize Winner”) will be selected at a live, in-person Grand Finale, to be filmed with a live audience in a production studio. During the Grand Finale, the Finalists will perform one original song (i.e., written and composed solely by Contestant) and one cover of a song chosen from among a list of songs to be provided by Sponsor (Sponsor to provide the backing track). One Finalist will be chosen as the Grand Prize Winner. The judges will employ the following criteria: musicality (40%), star quality (20%), charisma (20%), and technical skill (20%). The Finalist who receives the highest score will be deemed the Grand Prize Winner. If there is a tie for first, the Sponsor will re-judge the tied Grand Finale performances to determine the Grand Prize Winner. The Grand Finale will be taped and then streamed in its entirety via www.billboard.com and will be available via video on demand on the Sponsor’s Distribution Outlets for 48 hours immediately thereafter. The Grand Finale and corresponding livestream will be approximately 60 minutes in length. If the Grand Finale does not occur in person for any reason, Sponsor will provide a virtual Grand Finale. In addition, each Finalist will be required to work with an artist designated by Sponsor to prepare for the Grand Finale. The sessions will be virtual, and the Sponsor may produce a video of the Finalist and artist’s interaction.
GRAND PRIZE WINNER NOTIFICATION AND VERIFICATION: Sponsor will announce the Grand Prize Winner at the Grand Finale. The potential Grand Prize Winner may be required to complete, sign and return, within 72 hours of the time of notification, Grand Prize Winner release (“Grand Prize Winner Release”), and Federal Form W-9 (with a valid Social Security number) as well as any other documents required by Sponsor. If the Grand Prize Winner Release or any required documentation are not returned within 72 hours, if the potential Grand Prize Winner is not willing and able to participate in the Billboard magazine cover shoot described below, if the potential Grand Prize Winner violates any of the agreements signed with Sponsor, if the potential Grand Prize Winner does not pass a background check, or if the potential Grand Prize Winner is found to be ineligible, declines the Grand Prize, or otherwise is not in compliance with these Official Rules, the Grand Prize Winner status and Grand Prize may be forfeited, and the Finalist with the next highest Grand Finale performance score may be declared the potential Grand Prize Winner, time permitting, or the Sponsor may elect not to designate an alternate Grand Prize Winner. GRAND PRIZE: There is one Grand Prize. The Grand Prize Winner will be featured in a Billboard magazine cover story that will be published in a special, 15 to 20-page, Samsung-exclusive, print issue of Billboard magazine distributed to Billboard Pro subscribers to be published January/February, 2022 (the “Special Issue”). The Grand Prize Winner will appear on the cover of the Special Issue in a photo shoot with the previously provided Samsung Device. The cover story will detail the Grand Prize Winner’s experience with the Contest and will be paired with original photography captured on a Samsung Device. The same cover story will be published online on www.billboard.com; Sponsor will fund and produce the Grand Prize Winner’s first music video, a portion of which is to be captured on the Samsung Device (the “Music Video”), and distribute the Music Video on www.billboard.com (Grand Prize Winner will also have the right to post the Music Video on Grand Prize Winner’s own YouTube channel). Sponsor will provide up to $30,000 in funding for the production of the Music Video, and Sponsor will do a buyout of all rights in the Video, provided Sponsor and Grand Prize Winner agree on an appropriate fee. Sponsor also will book two hours of studio time for the Grand Prize Winner to record an audio single in a professional recording studio in a location to be agreed upon by Sponsor and Grand Prize Winner. The Grand Prize Winner will also receive four tickets to the 2022 Billboard Music Awards, which are scheduled to be held on Wednesday, April 27, 2022, at the MGM Grand Garden Arena in Las Vegas (the “Event”), and two-day, one-night trip for four to the Event. The Grand Prize trip consists of the following: roundtrip airfare for Grand Prize Winner and three guests from major airport nearest Grand Prize Winner’s home to Las Vegas, one night hotel accommodations for four (two double rooms, standard accommodations) in Las Vegas, and a $500 Visa gift card. Trip must be taken from April 27, 2022 to April 28, 2022. Event tickets are subject to the terms and conditions thereon, and seat location at the Event is in the sole discretion of Sponsor. The ARV of the Grand Prize is up to $50,000. There is no value to Grand Prize Winner’s appearance in the Special Issue, including the cover appearance. If that portion, of the Grand Prize is not awarded for any reason, no alternate prize will be awarded. The Grand Prize Winner may be required to cooperate in publicity activities in connection with the Contest as reasonably required by Sponsor from December 15, 2021 to March 15, 2022 (the “Publicity Period”). This may include agreement not to participate in publicity activities for other brands during the Publicity Period. Grand Prize Winner’s responsibilities during the Publicity Period will be set forth more fully in the Release and may include making social media posts regarding Grand Prize Winner’s experiences. All such posts will be subject to Sponsor’s prior approval and must disclose the material connection between Grand Prize Winner and Sponsor. Grand Prize Winner will not receive any compensation for publicity activities, and Grand Prize Winner’s refusal to participate in such activities could result in forfeiture of Grand Prize. Grand Prize Winner must also be deemed to project an image consistent with Sponsor’s corporate values during the Publicity Period, and, if Sponsor determines in its sole discretion that Grand Prize Winner has failed to do so, Grand Prize Winner may forfeit prize.
CONDITIONS APPLICABLE TO ALL PRIZES: All properly claimed prizes will be awarded, but in no event will Sponsor award more prizes than are provided for in these Official Rules. All other expenses not specified herein are the responsibility of the winner. If an inadequate number of qualified entries are received to award the prize, Sponsor reserves the right to: (a) not award the prize to any Participant; or (b) award fewer than the number of prizes stated above. All federal, state, and/or local taxes (including income taxes), duties, and the like, if any, are the sole responsibility of the winner. The winner will be issued an IRS 1099 form for the value of the prize. No substitution, assignment, redemption for cash, or transfer of the prize is permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value if the offered prize becomes unavailable. Sponsor will not be held responsible for any delays in awarding the prize for any reason outside of its control. All prize details are at Sponsor’s sole discretion. The prize will be delivered only to the verified winner. Gift cards subject to terms and conditions thereon.
CONDITIONS APPLICABLE TO TRAVEL PRIZES: Actual value of travel portion of prize may differ from stated ARV because of fluctuations in airfare and other variables. If actual value is less than stated ARV, difference in prize value will not be awarded. If Finalist or Grand Prize Winner lives within 200 miles of destination, Finalist/Grand Prize Winner will receive reimbursement of mileage (at $.58 per mile) in lieu of airfare. Air travel and accommodations are subject to availability. Ground transportation, luggage costs, meals, beverages, gratuities, hotel room service, laundry service, local and long-distance telephone calls, souvenirs, incidentals, and all other expenses not specified herein are the responsibility of the Finalist or Grand Prize Winner and his or her guest(s). Finalist/Grand Prize Winner and Finalist/Grand Prize Winner’s guest(s) must travel on the same itinerary. Airline tickets are non-refundable/non-transferable and are not valid for frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Lost, stolen, or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. Sponsor will not be responsible for any cancellations, delays, diversions or substitution or any act or omission whatsoever by the air carriers, transportation companies, prize providers or any other persons providing any prize-related services. Guest who is a minor must be accompanied at all times by parent or legal guardian. Guest (and parent or legal guardian of guest who is a minor) may be required to sign and return release prior to accompanying Finalist or Grand Prize Winner on prize trip. Hotel may require a valid credit card in an adult guest’s name to cover room incidentals. Any portion of prize not used will be forfeited. Finalist/Grand Prize Winner and his/her guest(s) must have valid identification for travel. Finalist/Grand Prize Winner and guest(s) must comply with any Covid-19 safety requirements imposed by air carrier and hotel.
GENERAL: By participating in the Contest, Participants agree to release and to indemnify and hold harmless Sponsor, Samsung, TikTok, and their parent companies, affiliates, subsidiaries, retailers, advertising agencies, and promotion agencies, and any other individual or company involved in the development, promotion, or execution of the Contest and all of their respective officers, employees, directors, representatives and agents (individually and collectively “Released Parties”) from all liability, losses, claims, action, or proceedings, losses, all injuries and damages of any kind to person(s), including death or property resulting, in whole or in part, directly or indirectly, from Participant’s participation in the Contest or any Contest-related activities, or violation of intellectual property or personal rights (such as but not limited to, copyright, patent, trade name/trademark, and/or rights of privacy or publicity or portrayal in a false light) due in whole or in part to acceptance, possession, misuse or use of the prize; or participation in this Contest, or participation in any Contest-related activity and from Sponsor’s use of the Submission Videos and Challenge Videos as provided for herein. By claiming a prize, the Contestant, Finalist, and/or Grand Prize Winner agrees to confirm that consent in writing upon request, to Sponsor and those acting pursuant to the authority of Sponsor, the right, in perpetuity, to the use of his or her name, voice, picture, image and/or likeness (and notwithstanding anything to the contrary in these Official Rules, winner licenses the use of their Submission Video and Challenge Videos to Sponsor and Samsung, which may be altered, changed, modified, edited, used alone, together or with other works, and/or in distorted form, as solely determined by Sponsor and/or Samsung) at any time(s) and in all media now known or hereafter discovered, worldwide, including on the Internet and World Wide Web, for advertising, commercial, trade and promotional purposes without additional compensation unless prohibited by law, and without notice, review or approval. Participant agrees that submissions are gratuitous, unsolicited and without restriction, and will not place Sponsor or Samsung under any obligation, and that Sponsor and Samsung are free to disclose the ideas contained therein on a non-confidential basis to anyone or otherwise use the ideas without restriction and without any additional compensation to Participant. Participant acknowledges that, by acceptance of Participant’s entry, Sponsor does not waive any rights to use similar or related ideas from any source. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Participant. By entering, Participant acknowledges that Sponsor has no obligation to use or post any Submission Video or Challenge Video submitted and further agrees Participant will not post or publicly make any disparaging or negative comments about Sponsor or Samsung or their parents, affiliates, or subsidiaries, or any of their products on any web site or in any other type of media. If a dispute arises regarding compliance with these Official Rules, Sponsor may consider, in its sole discretion, data reasonably available to Sponsor through information technology systems in Sponsor’s control, but Sponsor will not be obligated to consider any data or other information collected from any other source. Any failure by Sponsor to enforce any of these Official Rules will not constitute a waiver of such Official Rules. If there is a conflict between any term of these Official Rules and any marketing or entry materials used in connection with the Contest, the terms of these Official Rules will govern.
LIMITATIONS OF LIABILITY: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, illegible, delayed, misdirected, separated, or non-delivered entries; or for lost, interrupted or unavailable satellite, unavailable network, server, Internet Service Provider, website or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, or cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network, including typographical, printing, or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information with the administration of the Contest, the processing or judging of entries, the announcement of the Contestants, Finalists, or Grand Prize Winner, the incorrect uploading of the Submission or in any Contest-related materials. Released Parties are not responsible for any incorrect or inaccurate information, whether caused by website users, or by any equipment or programming associated with or used in this Contest, and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of the entry process. Sponsor reserves the right, at its sole discretion, to disqualify any Participant, Contestant, or Finalist it finds to be tampering with the entry process or operation of the Contest or to be acting in violation of the terms of the applicable social media platform or if such Participant, Contestant, or Finalist shows a disregard for, or attempts to circumvent, these Official Rules; or if such Participant threatens the integrity of the Contest by posting or otherwise disseminating material on Twitter, Facebook, Instagram, TikTok, or any other social network that is offensive, vulgar, obscene, or defames anyone or any entity; or if such Participant, Contestant, or Finalist acts: (a) in a manner the Sponsor determines to be not fair or equitable; (b) with an intent to annoy, threaten or harass any other Participant, Contestant, Finalist, artist, Sponsor, or Samsung; or (c) in any other disruptive manner. Released Parties are not responsible for injury or damage to Participant’s or any other person’s computer related to or resulting from participating in this Contest or downloading, printing, or copying materials from or use of social media. If, for any reason, Contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures, or any other causes which, in sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend Contest. If Sponsor terminates the Contest during the Submission Period, Sponsor will determine the Contestants, Finalists, and Grand Prize Winner from eligible, non-suspect entries received prior to action taken by applying the criteria set forth above, or in a manner as otherwise deemed fair and equitable by Sponsor. If Sponsor terminates the Contest during the Challenge Period, Sponsor will determine the Finalists and Grand Prize Winner from eligible, non-suspect Contestants by applying the criteria set forth above, or in a manner as otherwise deemed fair and equitable by Sponsor. If Sponsor terminates the Contest after the Challenge Period but prior to the Grand Finale, Sponsor will determine the Finalists and Grand Prize Winner from eligible, non-suspect Contestants by applying the criteria set forth above, or in a manner as otherwise deemed fair and equitable by Sponsor. If Sponsor terminates, modifies, or suspends the Contest, Sponsor will post notice on the Contest Site.
GOVERNING LAW & JURISDICTION: EXCEPT WHERE PROHIBITED, PARTICIPANTS AGREE THAT ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST, OR PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED BY PARTICIPANT WITH REGARD TO THIS CONTEST, BUT IN NO EVENT ATTORNEYS’ FEES, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Participants and Sponsor in connection with the Contest will 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 or provisions (whether of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than California. The state and federal courts located in Los Angeles County, California will be the exclusive forum for any dispute relating to these Official Rules and/or this Contest. All Participants agree, by their participation in the Contest, to submit to the personal jurisdiction of the state and federal courts in Los Angeles County, California and waive the right to contest jurisdiction.
SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
WINNER NAMES: For the names of the Contestants, Finalists, and Grand Winner, which will be available after the Grand Prize Winner is verified and for 60 days thereafter, please send a written request to Billboard NXT Winner List, 11175 Santa Monica Blvd., Los Angeles, CA 90025.
SPONSOR: Billboard Media, LLC, 11175 Santa Monica Blvd., Los Angeles, CA 90025. This Contest is in no way sponsored, endorsed, or administered by, or associated with, TikTok. © 2021 Billboard Media, LLC. All rights reserved