*Memik app provides one free Memik Me upload valid until midnight February 28, 2021
NO PURCHASE NECESSARY – See Contest Rule and Terms & Conditions
Dates: December 20, 2020 – February 28, 2021
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS CONTEST. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH INSTAGRAM OR TIKTOK. Sciberus Inc does not own copyrights to Instagram or TikTok.
SPONSOR: Sciberus, Inc., a Georgia corporation (“Sponsor”) will serve as the sponsor of the #MemikChallenge Contest (the “Contest”).
PURPOSE: This Contest’s purpose is to solicit creative dance videos from Memik app users (as defined below) and invite others to download the Memik app to mimic the dance (each, a “Video”). For purposes of this contest, “most viral” is defined as the Memik app user with the most custom dance downloads from different users within the app.
ELIGIBILITY: This Contest is open only to legal residents of the 50 United States and the District of Columbia (excluding Puerto Rico and all United States territories and possessions). If you are a minor in your state of residence, you must have the permission and consent of your parent/legal guardian to participate in this Contest. Employees (and their immediate families or those living in the same household) of Sponsor and its respective affiliates, subsidiaries, divisions, parents and related companies, suppliers, printers and advertising, promotional and judging agencies are not eligible to enter or win. An “Entrant” is a Memik app user (defined below) who has entered this Contest and is in compliance with these Official Rules. Each Entrant’s eligibility and each Entry (defined below) is subject to verification.
CONTEST PERIOD: The Contest begins on 12:01 a.m., E.T. on December 20, 2020, and ends on 11:59 p.m., E.T. on February 28, 2021 (the “Contest Period”). Each Entrant must submit their Entry (defined below) by the end of the Contest Period.
ODDS OF WINNING: Odds of winning is dependent upon the number to eligible entries received.
HOW TO ENTER: An Entrant may enter this Contest by posting a video to their Instagram or TikTok which meets the requirements of these Official Rules (each, an “Eligible Video”) only via one or more of the entry methods described below. An Eligible Video successfully submitted via one of the entry methods listed below is an “Entry” for the purposes of these Official Rules.
Instagram Entry Method: Commencing at the beginning of the Contest Period, each Entrant may submit their Eligible Video and enter this Contest by (i) posting an Eligible Video to Entrant’s Instagram Account (each a “Instagram Post”), (ii) tagging the Sponsor (@memikapp) in the Instagram Post, (iii) placing “#MemikChallenge” in the Instagram Post, and (iv) share the challenge link for their video via text or Instagram to invite others to participate. The Entrant’s Instagram account must be public in order to participate in Contest and meets the platform’s Terms of Service and Community Guidelines.
TikTok Entry Method: Commencing at the beginning of the Contest Period, each Entrant may submit their Eligible Video and enter this Contest by (i) posting an Eligible Video to Entrant’s TikTok Account (each a “TikTok Post”), (ii) tagging the Sponsor (@memikapp) in the TikTok Post, (iii) placing “#MemikChallenge” in the TikTok Post, and (iv) share the challenge link for their custom Memik video via text or TikTok to invite others to participate. The Entrant’s TikTok account must be public in order to participate in Contest and meets the platform’s Terms of Service and Community Guidelines.
For an Entry to constitute a valid Entry, an Entrant must follow the provided instructions and supply any and all information required by Sponsor in its sole discretion. Entrants cannot submit an Entry on behalf of a third party.
All Entries must be received by 11:59 p.m., E.T., on the last day of the Contest Period (February 28, 2021), regardless of the method of entry. All Entries become the property of Sponsor and will not be returned. No responsibility is assumed by the Sponsor for any inability of a potential entrant to successfully enter the Contest for any reason.
ELIGIBLE VIDEOS: In order to be an Eligible Video, all of the requirements must be met in addition to the following requirements:
Videos may not feature any depiction of criminal or violent acts, and may not violate local, state, or federal laws or regulations.
Videos must not depict any actions that place the participants at risk or in physical danger. In producing the Entry, Entrants must obey all applicable local, state, and federal laws and regulations.
Videos must not contain sexually explicit or suggestive, offensive, lewd, profane, obscene, or contains nudity or pornography.
Videos must not (a) contain any false, inaccurate or misleading material, (b) violate any law or
regulation, (c) be libelous, inflammatory, threatening or harassing, (d) instigate others to commit illegal activities, (e) contain any obscene, offensive, demeaning, or illicit content, all within the Sponsors sole judgment and discretion.
All entries must be received by the end of the Contest Period.
Any Entry that violates any of these Official Rules will not be eligible for the competition.
Each Video submitted must be an original work (i.e., a work that does not infringe another person’s rights). By submitting an Entry, the Entrant certifies that the Entrant has the necessary authorization to use the choreography, and any other content contained therein. An Entrant SHOULD NOT enter if they are in violation, or uncertain of their rights to, any copyrights, patents, trademarks, video, music or other intellectual property included in the Entry. If an entity or person other than the Entrant owns the rights to all or part of the submitted Video, the Entrant must obtain written consent/permission from the owner or an authorized representative of the owner. Entrants will be held fully liable under the law for any copyright or other intellectual property violations.
By entering this Contest, each Entrant authorizes Sponsor to edit, alter, copy, exhibit, publish, distribute and use any image, audio, video or data submitted as an Entry (or any portion of an Entry) of Entrant (“Media Content”), including names and social handles without payment or any other consideration, in future advertisements, promotion materials, Sponsor-related websites and mobile applications, social media channels, trainings, educational activities and any derivative works without any additional compensation or award. Entrant understands that future use of Entrants submitted Media Content may not credit the Entrant.
Sponsor may also use the Media Content in any advertising, such as online digital, social media, television, print or radio, as well as any flyers, brochures, annual reports, press kits or any other print or digital communications. This authorization extends to all languages, media, formats and markets now known or in the future.
Each Entrant acknowledges this authorization shall continue indefinitely, unless the Entrant otherwise revokes this authorization in writing.
Each Entrant acknowledges that each Entrant waives any right that the Entrant may have (i) to inspect or approve any finished product in which such Entrant’s likeness appears, including written or electronic copy and (ii) to royalties or other compensation arising from or related to the use of any Media Content.
Each Entrant understands and agrees that these materials, including any Media Content, shall become the sole property of Sponsor.
Each Entrant agrees to not submit any Entry or Eligible Video (or any portion of an Entry or Eligible Video) to any other third party and provides Sponsor with the exclusive license with regard to the Media Content.
PRIZES: There will be one prize of a PlayStation 5 gaming console (ARV $499) to the Memik app user with the most custom dance downloads from different users within the app
The approximate value of any prize or element thereof represents Sponsor’s good faith determination.
The winner is solely responsible for payment of any and all applicable federal, state, provincial, territorial, and local taxes, fees (including any import fees), and surcharges imposed on the acceptance of the applicable prize. Physical elements of a prize will be delivered to a winner, at Sponsor’s cost and by post or common carrier selected by Sponsor, to the address provided by that winner. Shipped elements of a prize will not be insured and Sponsor will not assume any liability for lost, damaged or misdirected prizes or elements thereof.
No substitution or exchange of any prize will be allowed, except by Sponsor, who reserves the right to substitute a prize, or component thereof, of equal or greater value in case of unavailability of a prize, or component thereof, or force majeure.
SELECTION OF WINNER: All Entries received during the Contest Period will be judged by a committee of judges (the “Committee”) selected solely by Sponsor, in its discretion. Sponsor will use reasonable efforts to contact the Winners within one (1) week after the determination of the Committee that the Winners are entitled to Prizes under these Official Rules.
PRIZE CONDITIONS: No substitution for any Prize will be permitted. If necessary due to unavailability of the Prize, a prize of equal or greater value will be awarded at the discretion of Sponsor. Each Prize is not transferable or assignable. If a Prize notification is returned to Sponsor as undeliverable or if an Entrant is found to be ineligible or a Winner declines to accept a Prize for any reason, an alternate Winner will be selected. By entering this Contest and/or accepting the Prize, the Winner and Entrants hereby consent (except where prohibited by law) to the disclosure and reasonable use by Sponsor of the Winner’s and Entrants’ photograph, voice, likeness and/or image, hometown address, contents of the entry form and the name and age of the Winner and Entrants without any further compensation for any future promotional activity related to this Contest.
ADDITIONAL TERMS AND CONDITIONS: The following are conditions to winning a Prize and additional terms and conditions binding on Entrants:
a. All federal, state, local tax liabilities and any applicable fees associated with accepting a Prize or participation in this Contest are the sole responsibility of the Winners.
b. If a Winner declines a Prize, or if an Entrant has not complied with these Official Rules, such person shall be disqualified and another person will be chosen for the Prize.
c. No transfer, substitution, division or splitting of Prizes is allowed except in the sole discretion of Sponsor.
d. Acceptance of the Prize constitutes permission by an Entrant to the Sponsor and their authorized agents to use Entrant’s names and/or likenesses for purposes of advertising and trade without further compensation, in perpetuity and in any and all media now known or hereafter discovered, unless prohibited by law.
e. Decisions of Sponsor are final with respect to all matters related to the conduct of the Contest. An Entrant may be disqualified from participating in this Contest and/or winning a Prize for cheating or other bad faith acts in the sole discretion of Sponsor.
f. By participating in this Contest, Entrants and Winners agree to be bound by these Official Rules.
CONDUCT OF PARTICIPATION: By entering the Contest, Entrant affirms that he or she has read and agrees to abide by these Official Rules and the decisions of Sponsor. Sponsor reserves the right to disqualify any Entrant acting in violation of these Official Rules or found tampering with the entry process or with the operation of the Contest or the Website. As a condition of entering this Contest, each Entrant agrees that: (a) under no circumstances will the Entrant be entitled or permitted to obtain awards for, and the Entrant expressly waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than actual, out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased, and in no event shall attorney’s fees be recoverable by either party; and (b) any and all disputes, claims and causes of action arising out of or connected with the Contest or any Prize awarded shall be resolved individually, without resort to any form of class action. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE RELATED TO SPONSOR OR THE CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATIONS OF LIABILITY: Released Parties (as defined herein) are not responsible for any incorrect or inaccurate Entry or Entries, errors in calculations, theft, tampering, destruction, or unauthorized access to, or alteration of entries; printing or other errors; and any entries or mail which are late, lost, delayed, incomplete, misdirected, stolen, mutilated, illegible, postage due or any combination thereof. Sponsor reserves the right to modify, suspend or terminate the Contest in the event that it becomes necessary due to circumstances beyond Sponsor’s control, as determined by Sponsor in its sole and exclusive discretion, including without limitation, Acts of God, pandemic, epidemic, “shelter in place” and similar orders and other governmental actions. Without limiting the generality of the foregoing, Sponsor may decide to postpone deadlines herein, or terminate the Contest early. In the event the Contest is terminated early, the Winners will be selected from all eligible Entries received at the time of termination.
RELEASE OF LIABILITY; INDEMNITY: By participating, Winners and Entrants (and the parent or legal guardian thereof if a Winner or Entrant is under the age of 18 or is deemed a minor in his/her state of residence) agree to release, discharge, indemnify and hold harmless Sponsor, Instagram, TikTok and each of its respective affiliated entities, affiliates, subsidiaries, parent corporations and companies, and all of its respective officers, directors, shareholders and principals, employees, representatives, and agents (collectively, “Released Parties”), from and against any claims made by any Winners and Entrants or any other third parties related in any way to the operation of this Contest, as well as any other claims, damages or liability due to any injuries, damages or losses (whether alleged, threatened, or actual) to any person or property of any kind resulting in whole or in part, directly or indirectly, from participation in this Contest or any related activity. Winners and Entrants (and the parent or legal guardian thereof if a Winner or Entrant is under the age of 18 or is deemed a minor in his/her state of residence) assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest or acceptance, use or redemption of any Prize.
PRIVACY/ PUBLICITY / USE OF PERSONAL INFORMATION:
By participating in the Contest, eligible Entrant and/or Winner hereby consent to Sponsor’s or authorized agents’ collection, use, and disclosure of Entrant’s and/or Winner’s personal information for the purposes of administering the Contest, and prize fulfillment.
By accepting a Prize, Winner agrees to Sponsor’s use of his/her name(s), city/province(s) of residence, picture(s), biographical information, statements, voice and likeness in any advertising and publicity Sponsor and its respective successors, assigns and licensees may conduct relating to the Contest in any media or format, whether now known or hereafter developed, including but not limited to the Internet, at any time or times in perpetuity, without further compensation or notice, and hereby releases Released Parties from any liability with respect thereto. Winner may be required to sign a further release regarding the grant of these publicity rights, unless prohibited or restricted by law.
The Sponsor reserves the right to amend the above rules at any time.