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  • PicsArt #iHeartMONSTAX US Only Edit Challenge Contest 8-2019

    OFFICIAL CONTEST RULES

     

    NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN OR CLAIM PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.

     

    THERE WILL BE ONE (1) WINNER.

     

    Contest Name: #iHeartMONSTAX 10 Day U.S. Only Challenge on PicsArt (the "Contest")

     

    This Contest is sponsored solely by iHeartMedia + Entertainment, Inc. ("Sponsor").  Administration is jointly provided by Sponsor and PicsArt, Inc. (“PicsArt”), with Contest hosting provided by PicsArt on its PicsArt app.  Any questions, comments or complaints regarding the Contest must be directed to Sponsor. For a copy of these Official Contest Rules, please visit the office of Sponsor during normal business hours at, or send your request by mail to, iHeartMedia + Entertainment, Inc., 3400 W. Olive Ave Suite 550 Burbank, CA 91505.

     

    List of Winner(s): For the name(s) of the winner(s) send a stamped, self-addressed envelope, to: #iHeartMONSTAX 10 Day U.S. Only Challenge on PicsArt at 3400 W. Olive Ave Suite 550 Burbank, CA 91505

     

    1.         ELIGIBILITY.  This Contest is open only to individuals who (i) are legal residents of the 50 United States and the District of Columbia and (ii) have a valid PicsArt account ("Entrant"). 

    The Contest is subject to all applicable federal, state, and local law and regulations.  Void where prohibited or restricted by law. Prize restrictions apply based on age of Entrant.

     

    Employees, contractors, officers and directors of Sponsor, PicsArt and their respective affiliates, parent companies, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies, and any third party prize provider(s) and/or prize fulfillment service (collectively, the “Contest Entities”); and members of the immediate families (spouse and biological, adoptive or step-parents, grandparents, children, grandchildren and siblings, and each of their respective spouses regardless of where they reside) or households (whether related or not) of any of the above individuals are not eligible to participate in the Contest or win the prize.

     

    Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Contest. Winning a prize in this Contest is contingent upon fulfilling all requirements set forth in these Official Rules.

     

    2.         TIMING. Contest begins on August 20, 2019 at 6:00:00 a.m. PST and ends at 6:00:00 a.m. PST on August 30, 2019 ("Contest Period"). Sponsor’s computer is the official time-keeping device for this Contest.

     

    3.DESCRIPTION OF CONTEST/HOW TO ENTER.

     

    To enter the Contest you must be a registered user of PicsArt. A compatible mobile device is required. If you are not a registered user, download the PicsArt app to register for an account. Registration for and use of PicsArt services are subject to PicsArt’s terms and conditions and privacy policy (“Terms and Conditions”).  

     

    During the Contest Period, visit either https://picsart.com/challenges, or the Challenges feature on the PicsArt app, choose the #iHeartMONSTAX Challenge, and click Participate to enter. Follow the #iHeartMONSTAX Challenge instructions to submit a photo that fulfills the #iHeartMONSTAX Challenge remix requirements. Only entries that fit the #iHeartMONSTAX Challenge theme and use PicsArt-provided images and stickers will qualify. PicsArt and Sponsor reserve the right to reject submissions that either violate PicsArt’s Terms and Conditions or are considered by PicsArt and Sponsor in their sole discretion offensive or inappropriate. Entries must not deface #iHeartMONSTAX Challenge content. Entries must not include any other brand, artist, celebrity, logo or competing visual. Submission Limit: 3 

     

    3.         WINNER SELECTION. On or about September 1, 2019, iHeartMedia and PicsArt will choose the best #iHeartMONSTAX Challenge remix, as determined in their sole discretion,  based on skill, creativity, quality, and adherence to the #iHeartMONSTAX Challenge theme, among other criteria, and such Entrant, if eligible, will become the #iHeartMONSTAX Challenge winner.

     

    Potential Contest winner(s) is subject to verification, including verification of eligibility. If an entrant is unable or unwilling to verify his/her information, Entrant will automatically be disqualified and the prize, if any, will be forfeited. Sponsor reserves the right to determine an alternate winner in accordance with these Official Rules in the event any winner is disqualified, cannot be contacted, or is deemed ineligible for any reason.

     

    Winner Notification: Winner will be notified within forty-eight (48) hours of the last day of the Contest, via the PicsArt service. In the event the Winner fails to respond to Sponsor's notification or does not accept the prize within forty-eight (48) hours of notification, the prize will be deemed forfeited and an alternate Winner will be selected. In the event any one or more potential Winner(s) fails to respond as stated above, declines the prize or fails to provide signed affidavits or releases, such Winner(s) will be deemed to forfeit the prize and Sponsor and PicsArt will select an alternate Winner(s) from the remaining eligible entrants. If any alternate(s) similarly fails to respond or declines the prize, Sponsor will use a reasonable number of attempts, in its discretion, to award the prize(s) to another alternate(s) but if it is unable to do so, the prize(s) will be finally forfeited and Sponsor shall have no further liability in connection with this Contest.

     

    The Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of entrants. The Contest Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a finalist and/or potential winner(s).

     

    As a condition of participating in the Contest, entrants agree and acknowledge that in order to receive the Prize and be deemed a winner, entrants must sign an official waiver and affidavit of eligibility provided by Sponsor and agree to the terms herein, including but not limited to the prize conditions. The potential prize winner may (in Sponsor’s sole discretion) be required to sign and return any other form necessary to verify eligibility, along with any required releases and eligibility affidavits within twenty four (24) hours after the first delivery attempt to contact the potential winner, unless otherwise stated herein or at the time of notification. The potential prize winner's failure to return all required waivers, affidavits, or other forms within this time period may result in the potential winner being disqualified and, in such event, the Sponsor may randomly select an alternate winner from among all remaining eligible entries, as determined by Sponsor in its sole and discretion.

     

    Any attempt by a person to enter the Contest more than this entry limit, by any means, including but not limited to using different PicsArt accounts, may result in disqualification at the discretion of the Contest Entities and termination of entrant’s PicsArt account(s).  Multiple participants are not permitted to share the same PicsArt account. No mechanically reproduced entries permitted. Normal mobile device, internet access and usage charges imposed by your online service may apply. 

     

    Odds of winning depend on the number of eligible Entries received. 

     

    4.         PRIZE(S).

    One (1) Grand Prize.  The Prize consists of the following:

    • Two (2) nights (one room/standard double occupancy) hotel accommodations Friday, September 20, 2019 (check-in) – Sunday, September 22, 2019 (check-out);

    • $500 AMEX Gift Card (a promotional card, as defined below*); and

    • Two (2) general admission tickets to the 2019 iHeartRadio Music Festival Daytime Stage, September 21, 2019

    All prizes provided by Sponsor.

     

    Other restrictions apply.

     

    Approximate Retail Value ("ARV"): $2,000

     

    No more than the advertised number of prizes shall be awarded. The prize is subject to certain terms and conditions as specified herein. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, substitutable, or redeemable for cash except in Sponsor's sole discretion. Prize details and availability are subject to change. Sponsor and PicsArt are not the supplier or guarantor of any prize, unless otherwise specified. Prizing may be fulfilled by a third party fulfillment sponsor arranged for by Sponsor. The prize will only be awarded if properly claimed according to the Rules. All costs and expenses related to prize acceptance, the prize, and/or prize use not specified herein as being provided are the sole responsibility of winner(s).

     

     Odds of winning the Prize depend on the number of eligible Entries received. 

     

    Promotional cards shall include and herein be referenced as "promotional card(s)" collectively to any prefunded bank card, a gift card, an electronic gift card, stored-value card or certificate, a store card, merchant card, voucher for services or goods, a gift certificate or similar instrument and other redeemable instruments with value credit or the like that may be awarded are subject to terms, conditions and restrictions as set by issuer. *Promotional cards are subject to the terms of use, applicable conditions and restrictions, including any expiration dates, promulgated by issuer of card. The promotional cards are not transferable, redeemable for cash or exchangeable for any other prize. Redemption of the promotional card will be subject to the standard terms, conditions and restrictions applicable to the participating merchant and or the card issuer in effect on the day of issuance of the promotional card. The promotional card cannot be redeemed for the purchase of other promotional cards. Except as required by law, the promotional card cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account. Contest Entities  are not responsible if any promotional card is lost, stolen, destroyed or used without permission. If the promotional card is lost or stolen, it will not be replaced. No substitutions allowed except by Sponsor at its sole discretion for a prize of comparable value.

     

    Contest Entities are not responsible for any delay, cancellation or rescheduling of any concert or event that may be included in the Prize and no substitution or compensation shall be awarded. Sponsor reserves the right to not award the prize associated with that canceled event or concert, without any payment or obligation to the winner or potential winner. Any provided tickets are subject to certain terms and conditions specified thereon. Location of seats and tickets are in Sponsor's sole discretion or may be predetermined as supplied by the Sponsor. Sponsor reserves the right to substitute a prize, in whole or in part, with another prize (or prize component) of equal or greater value or alternatively may substitute such prize with a comparable prize (or prize component) of like per the Sponsor’s discretion, if for any reason a prize, or any portion thereof, as described herein should become unavailable. The winner and guests agree to comply with all applicable venue regulations in connection with the concert and/or other Contest prize events. Sponsor and the applicable venue representatives reserve the right to remove or to deny entry to winner (and his/her guest) who engage in a non-sportsman-like or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the concert and/or other Contest prize event or in any other objectionable behavior. If, after a prize has been awarded, concert is cancelled, such portions of the prize will be forfeited and the Sponsor shall have no further obligation to winner. Winner(s) and other required parties, such as parents or guardians, must present U.S. state authorized identification prior to being awarded the prize. Winner or winner’s guardian, as applicable, may be required to present a copy of a valid social security card and valid identification as a condition of participating or receiving any prize when winner will be issued an IRS Form 1099 reflecting the actual value of all prizes won. If actual value of the prize is less than the stated ARV, or the winner and/or if applicable, his/her guest(s) and/or eligible travel companion(s) forfeit, do not use, or are determined ineligible for any portion of the prize, the winner will not receive the difference between the actual and approximate retail value, and such difference will be forfeited.  PicsArt is not responsible, and shall not be liable, for Prize fulfillment.

     

    Prize Conditions:

     

    Hotel Restrictions. 

    • Winner between the ages of 13 and legal age of majority in winner’s U.S. place of residence:  Affidavit of eligibility and waiver must be signed in the presence of a notary by parent or legal guardian and such parent or legal guardian must check into hotel and accompany minor at all times.

    • Winner over the legal age of majority in winner’s U.S. place of residence, but under 21 years of age: Affidavit of eligibility and waiver must be signed in the presence of a notary by winner and also a guest of winner who is 21+ years old.

    • Winner 21+ and guest under legal age of majority in guest’s state of residence: Minor guest shall not accompany winner unless winner is minor guest’s parent or legal guardian.  Affidavit of eligibility and waiver must be signed in the presence of a notary by winner.

    • Las Vegas hotel prize requires check-in by person 21+ years of age. 

    AMEX $500.00 Gift Card Restrictions.

    • Winner between the ages of 13 and legal age of majority in winner’s U.S. place of residence:  Affidavit of eligibility and waiver must be signed in the presence of a notary by parent or legal guardian and such parent or legal guardian must handle, manage and use AMEX gift card at all times and in connection with all purchases.

    iHeartRadio Music Festival Daytime Stage Restrictions.  

    • Winner between the ages of 13 and legal age of majority in winner’s U.S. place of residence:  Affidavit of eligibility and waiver must be signed in the presence of a notary by parent or legal guardian and such parent or legal guardian must accompany minor at all times during minor’s attendance at the iHeartRadio Music Festival Daytime Stage.

    • Winner 21+ and guest under legal age of majority in guest’s state of residence: Minor guest shall not accompany winner unless winner is minor guest’s parent or legal guardian. Affidavit of eligibility and waiver must be signed in the presence of a notary by winner. 

     

    Actual value of Prize may vary based on hotel and other pricing fluctuations. Any difference between stated approximate retail value and actual value of prize will not be awarded. All prize details not specified in the Official Rules will be determined in Sponsor’s sole and absolute discretion. Selection of the hotel is solely within Sponsor’s sole discretion. Prizes are non-transferable, are not redeemable for cash and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason.

     

    Winner, or winner’s parent or legal guardian, as applicable, is solely responsible for any and all expenses and incidental travel costs not expressly stated in the prize description herein, including but not limited to transportation to/from each winner's residence and hotel, transportation to/from hotel and festival venue, meals and beverages, in-room charges (e.g., mini-bar, room service, telephone, movies, etc.), gratuities, travel upgrades, baggage fees, and personal incidentals. Winner, or parent or legal guardian, as applicable, or guest, as applicable, will be required to provide a valid identification and major credit card or some other acceptable form of payment, as determined in the hotel's sole discretion upon hotel check-in and all in-room charges, telephone calls, meals, beverages, hotel upgrades, amenities, personal incidentals and any other expenses charged to the winner's hotel room will be charged to that major valid credit card or deducted from the deposit provided.

     

    Contest Entities are not responsible for any fees or additional charges resulting from a winner’s or guest’s change(s) to itinerary or accommodations. Winners and guests must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license) required for hotel check-in, and venue attendance, and are solely responsible for obtaining such valid identification (e.g., a valid U.S. driver’s license or a valid U.S. passport) prior to travel and the associated costs for these requirements. Contest Entities shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the hotels or any other persons providing any of these services and accommodations including any results thereof such as changes in services or accommodations necessitated by same. Contest Entities shall not be liable for any loss or damage to baggage. If the winner becomes disabled or cannot otherwise fully enjoy the prize due to illness, Contest Entities shall have the option at its sole discretion of being relieved of liability for fulfillment of the prize award and no other compensation in lieu of the prize will be awarded. Each winners and guest is responsible for obtaining his/her own medical and life insurance and the associated costs. All travel is subject to any and all restrictions instituted by the Department of Defense and/or Department of Homeland Security, as required and as applicable. Each winner and guest agrees to comply with all applicable venue regulations in connection with the concert. Contest Entities and the applicable venue representatives reserve the right to remove or to deny entry to winner who engage(s) in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the concert or meet and greet event or in any other objectionable behavior. Once travel guests are selected, they may not be substituted, except in Sponsor’s sole and absolute discretion. Additional prize award details and travel information to be provided to the winner at the time of notification. Lost, stolen, or damaged event tickets or gift cards will not be replaced or exchanged.

     

    Conditions and restrictions may apply. Limit: One (1) prize per person/household. ALL PRIZES ARE AWARDED "AS IS" AND THE CONTEST ENTITIES DO NOT MAKE (AND ARE NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.

     

    5.         TAMPERING AND DELIVERY DISCLAIMER.(a) The Contest Entities, in their sole discretion, reserve the right to disqualify and prohibit from participating (and void such person’s entries) any person, who the Contest Entities determine (in their sole discretion) is or is attempting to: (i) tamper with PicsArt’s app or website, the Sponsor’s website and/or any part of the Contest; (ii) undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices, (iii) intending to annoy, abuse, threaten or harass any other entrants, the Sponsor, or the Released Parties (as defined in Section 8 below) or exhibits other unsportsmanlike behavior; (iv) use any automated device, automated launching or entry software or any other mechanical or electronic means that permits the entrant to automatically enter or evaluate repeatedly; and/or (v) otherwise violate these Official Rules or the Terms of Use of the Sponsor’s Website or the Terms and Conditions of PicsArt’s app and website. (b) ANY ATTEMPT TO DELIBERATELY DAMAGE, CIRCUMVENT, OR DISRUPT PICSART’S APP OR WEBSITE, THE SPONSOR’S WEBSITE (OR ANY PART THEREOF) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, PICSART, THE SPONSOR AND ITS LICENSEES (IF ANY) RESERVE THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. 

     

    EACH ENTRANT (OR, IF THE ENTRANT IS NOT OF AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THE LEGAL GUARDIANS THEREOF) AGREES TO INDEMNIFY AND HOLD HARMLESS PICSART, THE SPONSOR AND THEIR RESPECTIVE AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY PICSART, THE SPONSOR AND THEIR RESPECTIVE AGENTS AT ANY TIME, IN CONNECTION WITH ENTRANT’S VIOLATION OF (a) AND (b) ABOVE, AND/OR BY ENTRANT’S BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS CONTEST. 

     

    The use of any automated device, automated launching or entry software or any other mechanical or electronic means that permits the entrant to automatically enter or evaluate repeatedly is prohibited. Contest Entities disclaim all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method.

     

    Released Parties are not responsible for: (1) mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Contest; (2) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest; (3) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (4) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (5) unauthorized human intervention in any part of the entry process or operation of the Contest; or (6) technical or human error which may occur in the administration of the Contest or the processing of entries.

     

    The Contest Entities further reserve the right to: (i) cancel, terminate, suspend, declare null or void, amend, alter, or modify the Contest, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the Contest and/or awarding the prize(s) at any time, for any reason, or if, in the sole discretion of the Contest Entities, it is impossible or impractical to complete or conduct the Contest as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort, programming associated with or used in the Contest, by any human error which may occur in the execution of this Contest, or any other causes which effect the operation of the Contest or the rules of the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not an entrant in the Contest and/or (ii) stop or conclude the Contest at any time without prior notice. Material changes to the Official Rules will be posted on the Contest Entities website when practical. In the event of termination of the Contest by Contest Entities, Sponsor reserves the right to award any prize(s) in a manner deemed fair and equitable by Contest Entities.

     

    6.         PUBLICITY. Except where prohibited, by accepting a prize, winner(s), or winner’s parent or legal guardian, on behalf of winner,, as applicable, grant the Contest Entities permission to use their names, characters, images, voices, and likenesses worldwide, in perpetuity, in any and all media now known or hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use. Each winner’s name may be included in a publicly available winners list.

     

    7.         USE OF PERSONAL INFORMATION.  Contest Entities will retain the entrant's personal data for a reasonable period of time to enable it to send that entrant any prize that they have won and to verify that these Official Rules have been complied with, and for accounting purposes. This data may be passed to a third party to enable such third party to fulfill any necessary requirements relating to the award of a prize. Any other use of personal data will be in accordance with, and subject to, the Contest Entities’ respective privacy policies, specifically, PicsArt Privacy Policy and Sponsor Privacy Policy. Entrant may have the opportunity to opt-in to receive emails from third parties. In the event that entrant opts in to any available opportunities to receive information from a third party, that may or may not be associated with this Contest, entrant understands and acknowledges that his/her information will be provided to such third party and may be used by the third party as set forth in the third party’s privacy policy.  Any available opt-in opportunities are not required to enter the Contest, and opting in will not improve your chances of winning. 

     

    8.         RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY. By participating in the Contest, each entrant agrees to release and waive any and all claims of liability against the  Contest Entities and any applicable third party fulfillment service and each of their respective employees and agents (collectively, the "Released Parties") from and against from any and all liability, loss or damage (including personal injury) incurred with respect to the conduct of or participation in the Contest, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any prize, including any travel related thereto. By accepting the prize, winner(s) hereby agrees that: (i) to release each of the Released Parties from any and all claims in connection with the Contest and the award or use of the prizes; and (ii) where allowed by law, sign a publicity release confirming consent to use the winner’s name/likeness as set forth in Section 6 prior to acceptance of the prize. The Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, 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 Contest Entities’ sole control. Upon awarding the prize, Contest Entities will have no further obligation to winner.

     

    9.         TAXES. Any valuation of the prize(s) stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a winner may be reported to the IRS as required by law. Each winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related to prize acceptance and use not specified herein. Each winner must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from Sponsor in a calendar year will be issued an IRS Form 1099 reporting the value of those prizes to the IRS.

     

    10.       CONDUCT AND DECISIONS. All decisions of PicsArt and Sponsor will be final and binding on all matters relating to this Contest. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. The Contest Entities will interpret these Rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the Contest Entities’ decisions concerning such disputes shall be final. If, for any reason, more bona fide winners are notified than prize(s) available, prize(s) will be awarded in a random drawing from among all such persons. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. Any reference in these Official Rules or as part of the Contest to the Contest Entities’ "discretion" and/or any exercise of discretion by the Contest Entities shall mean in the Contest Entities’ "sole and unfettered discretion." The Contest Entities further reserve the right to terminate the Contest if in their sole judgment, the rules or the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not an entrant in the Contest. In the event the Contest is terminated, Sponsor will award the prize(s) in a random drawing from all eligible entries received prior to termination. If applicable, material changes to the Contest rules will be available online at the PicsArt or Sponsor’s website, when practical. The Contest Entities’ failure to enforce any term of these Official Rules shall not constitute a waiver of this provision.

     

    11.       BINDING ARBITRATION. Any controversy or claim arising out of or relating to the Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS ("JAMS Rules and Procedures") then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

     

    12.       MISCELLANEOUS. Contest Entities reserve the right to determine eligibility should special circumstances arise, all decisions are considered final and binding. Contest Entities disclaim any responsibility to notify entrants of any aspect related to the conduct of the Contest. As a condition of participating in the Contest, entrants agree (and agree to confirm in writing) that: (a) under no circumstances will entrant be permitted to obtain costs, judgments, or awards for, and entrant hereby knowingly and expressly waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-pocket expenses, and in such limitation, entrant further waives any rights to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, through binding arbitration as set forth above, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys' fees and court costs. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every entrant. Participation in the Contest constitutes entrant’s full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon entrant’s fulfillment of all requirements set forth herein.

     

    13.       COMPLIANCE WITH LAW AND GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Official Rules, or the rights and obligations of entrant, PicsArt, and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, in the City of San Francisco.

     

    14.                 SUBMISSION TERMS AND CONDITIONS.  By submitting a photo remixed by you pursuant to the #iHeartMONSTAX Challenge ("Submission") for the Contest, you hereby warrant and represent your entry conforms to the requirements as set forth herein and as stated in these Official Rules. By making a Submission, you hereby agree to be bound by the Contest Official Rules and Contest Entities respective terms and conditions for use of their websites, products and services. All Contest entries are subject to the Contest Official Rules. In general all submissions must meet the minimal following requirements:

    * Submission cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity;

    * Submission cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;

    * Submission cannot be obscene or offensive, endorse any form of hate or hate group;

    * Submission cannot defame, misrepresent or contain disparaging remarks about the Contest Entities, or their respective services, products, or other people, products or companies;

    * Submission cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses;

    * Submission cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media or musical "samples" other than the musical tracks provided) without permission;

    * Submission cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than you, without permission from the third-party or a parent or legal guardian if the third-party is a minor ;

    * Submission cannot communicate messages or images inconsistent with the positive images and/or goodwill to which the Contest Entities wish to associate; and

    * Submission cannot depict, and cannot itself, be in violation of any law.

     

    BY MAKING A SUBMISSION, YOU ACKNOWLEDGE THAT YOUR SUBMISSION MAY BE POSTED ON CONTEST ENTITIES’ RESPECTIVE WEBSITES AND APPS, IN EACH CONTEST ENTITY’S DISCRETION. Contest Entities reserve the right to, and may or may not; monitor/screen Submissions prior to posting them to their websites.  By making a Submission, you acknowledge that Contest Entities have no obligation to use or post any Submission you make. 

     

    By making a Submission you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that you have obtain permission from a person who's name, likeness or voice is used in the Submission and (f) and that publication of the Submission via various media including Web posting, will not infringe on the rights any third party rights. You further agree to defend, indemnify and hold harmless the Contest Entitiesfrom any claims to the contrary.

     

    By accepting a prize, you agree that your Submission will be deemed a Work Made For Hire for PicsArt under the Copyright laws of the United States, but if it cannot be so deemed, then you agree to irrevocably assign and transfer to PicsArt all of your right, title and interest in and to your Submission, including, but not limited to all copyright and trademark rights you may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. You hereby waive in favor of PicsArt, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that you may now or later have to your Submission. PicsArt reserves the right to alter, change or modify the Submission, in its sole discretion. Upon request of PicsArt, you shall execute and deliver such additional instrument of assignment, as may be solely deemed by PicsArt, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Submission and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should PicsArt fail to request the said assignment as stated, that shall not be deemed a waiver of PicsArt’s rights and PicsArt may at a later time request the assignment. Further, PicsArt may request, that you secure from any model(s) or videographer an irrevocable assignment and transfer to PicsArt all of any model(s) or videographer’s right, title and interest in and to your Submission, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. The model(s) or videographer may be required to waive in favor of PicsArt, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that the model(s) or videographer may now or later have in the Submission. Should PicsArt fail to request the said model(s) assignment or videographer assignment as stated, that shall not be deemed a waiver of PicsArt’s rights and PicsArt may at a later time request the assignment(s).

     

    By making a submission, you agree that your Submission is gratuitous and made without restriction, and will not place PicsArt under any obligation, and that PicsArt is free to disclose or otherwise disclose the ideas contained in the Submission on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you.  You acknowledge that, by acceptance of your Submission, PicsArt does not waive any rights to use similar or related ideas previously known to PicsArt, or developed by its employees, or obtained from sources other than you.

     

    This Contest is neither sponsored nor administered by either MONSTA X or Epic Records and MONSTA X and Epic Records expressly disclaim any obligation or liability in connection with this Contest.

  • PicsArt #iHeartMONSTAX US Only Edit Challenge Contest 8-2019

    OFFICIAL CONTEST RULES

     

    NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN OR CLAIM PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.

     

    THERE WILL BE ONE (1) WINNER.

     

    Contest Name: #iHeartMONSTAX 10 Day U.S. Only Challenge on PicsArt (the "Contest")

     

    This Contest is sponsored solely by iHeartMedia + Entertainment, Inc. ("Sponsor").  Administration is jointly provided by Sponsor and PicsArt, Inc. (“PicsArt”), with Contest hosting provided by PicsArt on its PicsArt app.  Any questions, comments or complaints regarding the Contest must be directed to Sponsor. For a copy of these Official Contest Rules, please visit the office of Sponsor during normal business hours at, or send your request by mail to, iHeartMedia + Entertainment, Inc., 3400 W. Olive Ave Suite 550 Burbank, CA 91505.

     

    List of Winner(s): For the name(s) of the winner(s) send a stamped, self-addressed envelope, to: #iHeartMONSTAX 10 Day U.S. Only Challenge on PicsArt at 3400 W. Olive Ave Suite 550 Burbank, CA 91505

     

    1.         ELIGIBILITY.  This Contest is open only to individuals who (i) are legal residents of the 50 United States and the District of Columbia and (ii) have a valid PicsArt account ("Entrant"). 

    The Contest is subject to all applicable federal, state, and local law and regulations.  Void where prohibited or restricted by law. Prize restrictions apply based on age of Entrant.

     

    Employees, contractors, officers and directors of Sponsor, PicsArt and their respective affiliates, parent companies, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies, and any third party prize provider(s) and/or prize fulfillment service (collectively, the “Contest Entities”); and members of the immediate families (spouse and biological, adoptive or step-parents, grandparents, children, grandchildren and siblings, and each of their respective spouses regardless of where they reside) or households (whether related or not) of any of the above individuals are not eligible to participate in the Contest or win the prize.

     

    Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Contest. Winning a prize in this Contest is contingent upon fulfilling all requirements set forth in these Official Rules.

     

    2.         TIMING. Contest begins on August 20, 2019 at 6:00:00 a.m. PST and ends at 6:00:00 a.m. PST on August 30, 2019 ("Contest Period"). Sponsor’s computer is the official time-keeping device for this Contest.

     

    3.DESCRIPTION OF CONTEST/HOW TO ENTER.

     

    To enter the Contest you must be a registered user of PicsArt. A compatible mobile device is required. If you are not a registered user, download the PicsArt app to register for an account. Registration for and use of PicsArt services are subject to PicsArt’s terms and conditions and privacy policy (“Terms and Conditions”).  

     

    During the Contest Period, visit either https://picsart.com/challenges, or the Challenges feature on the PicsArt app, choose the #iHeartMONSTAX Challenge, and click Participate to enter. Follow the #iHeartMONSTAX Challenge instructions to submit a photo that fulfills the #iHeartMONSTAX Challenge remix requirements. Only entries that fit the #iHeartMONSTAX Challenge theme and use PicsArt-provided images and stickers will qualify. PicsArt and Sponsor reserve the right to reject submissions that either violate PicsArt’s Terms and Conditions or are considered by PicsArt and Sponsor in their sole discretion offensive or inappropriate. Entries must not deface #iHeartMONSTAX Challenge content. Entries must not include any other brand, artist, celebrity, logo or competing visual. Submission Limit: 3 

     

    3.         WINNER SELECTION. On or about September 1, 2019, iHeartMedia and PicsArt will choose the best #iHeartMONSTAX Challenge remix, as determined in their sole discretion,  based on skill, creativity, quality, and adherence to the #iHeartMONSTAX Challenge theme, among other criteria, and such Entrant, if eligible, will become the #iHeartMONSTAX Challenge winner.

     

    Potential Contest winner(s) is subject to verification, including verification of eligibility. If an entrant is unable or unwilling to verify his/her information, Entrant will automatically be disqualified and the prize, if any, will be forfeited. Sponsor reserves the right to determine an alternate winner in accordance with these Official Rules in the event any winner is disqualified, cannot be contacted, or is deemed ineligible for any reason.

     

    Winner Notification: Winner will be notified within forty-eight (48) hours of the last day of the Contest, via the PicsArt service. In the event the Winner fails to respond to Sponsor's notification or does not accept the prize within forty-eight (48) hours of notification, the prize will be deemed forfeited and an alternate Winner will be selected. In the event any one or more potential Winner(s) fails to respond as stated above, declines the prize or fails to provide signed affidavits or releases, such Winner(s) will be deemed to forfeit the prize and Sponsor and PicsArt will select an alternate Winner(s) from the remaining eligible entrants. If any alternate(s) similarly fails to respond or declines the prize, Sponsor will use a reasonable number of attempts, in its discretion, to award the prize(s) to another alternate(s) but if it is unable to do so, the prize(s) will be finally forfeited and Sponsor shall have no further liability in connection with this Contest.

     

    The Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of entrants. The Contest Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a finalist and/or potential winner(s).

     

    As a condition of participating in the Contest, entrants agree and acknowledge that in order to receive the Prize and be deemed a winner, entrants must sign an official waiver and affidavit of eligibility provided by Sponsor and agree to the terms herein, including but not limited to the prize conditions. The potential prize winner may (in Sponsor’s sole discretion) be required to sign and return any other form necessary to verify eligibility, along with any required releases and eligibility affidavits within twenty four (24) hours after the first delivery attempt to contact the potential winner, unless otherwise stated herein or at the time of notification. The potential prize winner's failure to return all required waivers, affidavits, or other forms within this time period may result in the potential winner being disqualified and, in such event, the Sponsor may randomly select an alternate winner from among all remaining eligible entries, as determined by Sponsor in its sole and discretion.

     

    Any attempt by a person to enter the Contest more than this entry limit, by any means, including but not limited to using different PicsArt accounts, may result in disqualification at the discretion of the Contest Entities and termination of entrant’s PicsArt account(s).  Multiple participants are not permitted to share the same PicsArt account. No mechanically reproduced entries permitted. Normal mobile device, internet access and usage charges imposed by your online service may apply. 

     

    Odds of winning depend on the number of eligible Entries received. 

     

    4.         PRIZE(S).

    One (1) Grand Prize.  The Prize consists of the following:

    • Two (2) nights (one room/standard double occupancy) hotel accommodations Friday, September 20, 2019 (check-in) – Sunday, September 22, 2019 (check-out);

    • $500 AMEX Gift Card (a promotional card, as defined below*); and

    • Two (2) general admission tickets to the 2019 iHeartRadio Music Festival Daytime Stage, September 21, 2019

    All prizes provided by Sponsor.

     

    Other restrictions apply.

     

    Approximate Retail Value ("ARV"): $2,000

     

    No more than the advertised number of prizes shall be awarded. The prize is subject to certain terms and conditions as specified herein. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, substitutable, or redeemable for cash except in Sponsor's sole discretion. Prize details and availability are subject to change. Sponsor and PicsArt are not the supplier or guarantor of any prize, unless otherwise specified. Prizing may be fulfilled by a third party fulfillment sponsor arranged for by Sponsor. The prize will only be awarded if properly claimed according to the Rules. All costs and expenses related to prize acceptance, the prize, and/or prize use not specified herein as being provided are the sole responsibility of winner(s).

     

     Odds of winning the Prize depend on the number of eligible Entries received. 

     

    Promotional cards shall include and herein be referenced as "promotional card(s)" collectively to any prefunded bank card, a gift card, an electronic gift card, stored-value card or certificate, a store card, merchant card, voucher for services or goods, a gift certificate or similar instrument and other redeemable instruments with value credit or the like that may be awarded are subject to terms, conditions and restrictions as set by issuer. *Promotional cards are subject to the terms of use, applicable conditions and restrictions, including any expiration dates, promulgated by issuer of card. The promotional cards are not transferable, redeemable for cash or exchangeable for any other prize. Redemption of the promotional card will be subject to the standard terms, conditions and restrictions applicable to the participating merchant and or the card issuer in effect on the day of issuance of the promotional card. The promotional card cannot be redeemed for the purchase of other promotional cards. Except as required by law, the promotional card cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account. Contest Entities  are not responsible if any promotional card is lost, stolen, destroyed or used without permission. If the promotional card is lost or stolen, it will not be replaced. No substitutions allowed except by Sponsor at its sole discretion for a prize of comparable value.

     

    Contest Entities are not responsible for any delay, cancellation or rescheduling of any concert or event that may be included in the Prize and no substitution or compensation shall be awarded. Sponsor reserves the right to not award the prize associated with that canceled event or concert, without any payment or obligation to the winner or potential winner. Any provided tickets are subject to certain terms and conditions specified thereon. Location of seats and tickets are in Sponsor's sole discretion or may be predetermined as supplied by the Sponsor. Sponsor reserves the right to substitute a prize, in whole or in part, with another prize (or prize component) of equal or greater value or alternatively may substitute such prize with a comparable prize (or prize component) of like per the Sponsor’s discretion, if for any reason a prize, or any portion thereof, as described herein should become unavailable. The winner and guests agree to comply with all applicable venue regulations in connection with the concert and/or other Contest prize events. Sponsor and the applicable venue representatives reserve the right to remove or to deny entry to winner (and his/her guest) who engage in a non-sportsman-like or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the concert and/or other Contest prize event or in any other objectionable behavior. If, after a prize has been awarded, concert is cancelled, such portions of the prize will be forfeited and the Sponsor shall have no further obligation to winner. Winner(s) and other required parties, such as parents or guardians, must present U.S. state authorized identification prior to being awarded the prize. Winner or winner’s guardian, as applicable, may be required to present a copy of a valid social security card and valid identification as a condition of participating or receiving any prize when winner will be issued an IRS Form 1099 reflecting the actual value of all prizes won. If actual value of the prize is less than the stated ARV, or the winner and/or if applicable, his/her guest(s) and/or eligible travel companion(s) forfeit, do not use, or are determined ineligible for any portion of the prize, the winner will not receive the difference between the actual and approximate retail value, and such difference will be forfeited.  PicsArt is not responsible, and shall not be liable, for Prize fulfillment.

     

    Prize Conditions:

     

    Hotel Restrictions. 

    • Winner between the ages of 13 and legal age of majority in winner’s U.S. place of residence:  Affidavit of eligibility and waiver must be signed in the presence of a notary by parent or legal guardian and such parent or legal guardian must check into hotel and accompany minor at all times.

    • Winner over the legal age of majority in winner’s U.S. place of residence, but under 21 years of age: Affidavit of eligibility and waiver must be signed in the presence of a notary by winner and also a guest of winner who is 21+ years old.

    • Winner 21+ and guest under legal age of majority in guest’s state of residence: Minor guest shall not accompany winner unless winner is minor guest’s parent or legal guardian.  Affidavit of eligibility and waiver must be signed in the presence of a notary by winner.

    • Las Vegas hotel prize requires check-in by person 21+ years of age. 

    AMEX $500.00 Gift Card Restrictions.

    • Winner between the ages of 13 and legal age of majority in winner’s U.S. place of residence:  Affidavit of eligibility and waiver must be signed in the presence of a notary by parent or legal guardian and such parent or legal guardian must handle, manage and use AMEX gift card at all times and in connection with all purchases.

    iHeartRadio Music Festival Daytime Stage Restrictions.  

    • Winner between the ages of 13 and legal age of majority in winner’s U.S. place of residence:  Affidavit of eligibility and waiver must be signed in the presence of a notary by parent or legal guardian and such parent or legal guardian must accompany minor at all times during minor’s attendance at the iHeartRadio Music Festival Daytime Stage.

    • Winner 21+ and guest under legal age of majority in guest’s state of residence: Minor guest shall not accompany winner unless winner is minor guest’s parent or legal guardian. Affidavit of eligibility and waiver must be signed in the presence of a notary by winner. 

     

    Actual value of Prize may vary based on hotel and other pricing fluctuations. Any difference between stated approximate retail value and actual value of prize will not be awarded. All prize details not specified in the Official Rules will be determined in Sponsor’s sole and absolute discretion. Selection of the hotel is solely within Sponsor’s sole discretion. Prizes are non-transferable, are not redeemable for cash and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason.

     

    Winner, or winner’s parent or legal guardian, as applicable, is solely responsible for any and all expenses and incidental travel costs not expressly stated in the prize description herein, including but not limited to transportation to/from each winner's residence and hotel, transportation to/from hotel and festival venue, meals and beverages, in-room charges (e.g., mini-bar, room service, telephone, movies, etc.), gratuities, travel upgrades, baggage fees, and personal incidentals. Winner, or parent or legal guardian, as applicable, or guest, as applicable, will be required to provide a valid identification and major credit card or some other acceptable form of payment, as determined in the hotel's sole discretion upon hotel check-in and all in-room charges, telephone calls, meals, beverages, hotel upgrades, amenities, personal incidentals and any other expenses charged to the winner's hotel room will be charged to that major valid credit card or deducted from the deposit provided.

     

    Contest Entities are not responsible for any fees or additional charges resulting from a winner’s or guest’s change(s) to itinerary or accommodations. Winners and guests must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license) required for hotel check-in, and venue attendance, and are solely responsible for obtaining such valid identification (e.g., a valid U.S. driver’s license or a valid U.S. passport) prior to travel and the associated costs for these requirements. Contest Entities shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the hotels or any other persons providing any of these services and accommodations including any results thereof such as changes in services or accommodations necessitated by same. Contest Entities shall not be liable for any loss or damage to baggage. If the winner becomes disabled or cannot otherwise fully enjoy the prize due to illness, Contest Entities shall have the option at its sole discretion of being relieved of liability for fulfillment of the prize award and no other compensation in lieu of the prize will be awarded. Each winners and guest is responsible for obtaining his/her own medical and life insurance and the associated costs. All travel is subject to any and all restrictions instituted by the Department of Defense and/or Department of Homeland Security, as required and as applicable. Each winner and guest agrees to comply with all applicable venue regulations in connection with the concert. Contest Entities and the applicable venue representatives reserve the right to remove or to deny entry to winner who engage(s) in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the concert or meet and greet event or in any other objectionable behavior. Once travel guests are selected, they may not be substituted, except in Sponsor’s sole and absolute discretion. Additional prize award details and travel information to be provided to the winner at the time of notification. Lost, stolen, or damaged event tickets or gift cards will not be replaced or exchanged.

     

    Conditions and restrictions may apply. Limit: One (1) prize per person/household. ALL PRIZES ARE AWARDED "AS IS" AND THE CONTEST ENTITIES DO NOT MAKE (AND ARE NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.

     

    5.         TAMPERING AND DELIVERY DISCLAIMER.(a) The Contest Entities, in their sole discretion, reserve the right to disqualify and prohibit from participating (and void such person’s entries) any person, who the Contest Entities determine (in their sole discretion) is or is attempting to: (i) tamper with PicsArt’s app or website, the Sponsor’s website and/or any part of the Contest; (ii) undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices, (iii) intending to annoy, abuse, threaten or harass any other entrants, the Sponsor, or the Released Parties (as defined in Section 8 below) or exhibits other unsportsmanlike behavior; (iv) use any automated device, automated launching or entry software or any other mechanical or electronic means that permits the entrant to automatically enter or evaluate repeatedly; and/or (v) otherwise violate these Official Rules or the Terms of Use of the Sponsor’s Website or the Terms and Conditions of PicsArt’s app and website. (b) ANY ATTEMPT TO DELIBERATELY DAMAGE, CIRCUMVENT, OR DISRUPT PICSART’S APP OR WEBSITE, THE SPONSOR’S WEBSITE (OR ANY PART THEREOF) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, PICSART, THE SPONSOR AND ITS LICENSEES (IF ANY) RESERVE THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. 

     

    EACH ENTRANT (OR, IF THE ENTRANT IS NOT OF AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THE LEGAL GUARDIANS THEREOF) AGREES TO INDEMNIFY AND HOLD HARMLESS PICSART, THE SPONSOR AND THEIR RESPECTIVE AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY PICSART, THE SPONSOR AND THEIR RESPECTIVE AGENTS AT ANY TIME, IN CONNECTION WITH ENTRANT’S VIOLATION OF (a) AND (b) ABOVE, AND/OR BY ENTRANT’S BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS CONTEST. 

     

    The use of any automated device, automated launching or entry software or any other mechanical or electronic means that permits the entrant to automatically enter or evaluate repeatedly is prohibited. Contest Entities disclaim all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method.

     

    Released Parties are not responsible for: (1) mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Contest; (2) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest; (3) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (4) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (5) unauthorized human intervention in any part of the entry process or operation of the Contest; or (6) technical or human error which may occur in the administration of the Contest or the processing of entries.

     

    The Contest Entities further reserve the right to: (i) cancel, terminate, suspend, declare null or void, amend, alter, or modify the Contest, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the Contest and/or awarding the prize(s) at any time, for any reason, or if, in the sole discretion of the Contest Entities, it is impossible or impractical to complete or conduct the Contest as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort, programming associated with or used in the Contest, by any human error which may occur in the execution of this Contest, or any other causes which effect the operation of the Contest or the rules of the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not an entrant in the Contest and/or (ii) stop or conclude the Contest at any time without prior notice. Material changes to the Official Rules will be posted on the Contest Entities website when practical. In the event of termination of the Contest by Contest Entities, Sponsor reserves the right to award any prize(s) in a manner deemed fair and equitable by Contest Entities.

     

    6.         PUBLICITY. Except where prohibited, by accepting a prize, winner(s), or winner’s parent or legal guardian, on behalf of winner,, as applicable, grant the Contest Entities permission to use their names, characters, images, voices, and likenesses worldwide, in perpetuity, in any and all media now known or hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use. Each winner’s name may be included in a publicly available winners list.

     

    7.         USE OF PERSONAL INFORMATION.  Contest Entities will retain the entrant's personal data for a reasonable period of time to enable it to send that entrant any prize that they have won and to verify that these Official Rules have been complied with, and for accounting purposes. This data may be passed to a third party to enable such third party to fulfill any necessary requirements relating to the award of a prize. Any other use of personal data will be in accordance with, and subject to, the Contest Entities’ respective privacy policies, specifically, PicsArt Privacy Policy and Sponsor Privacy Policy. Entrant may have the opportunity to opt-in to receive emails from third parties. In the event that entrant opts in to any available opportunities to receive information from a third party, that may or may not be associated with this Contest, entrant understands and acknowledges that his/her information will be provided to such third party and may be used by the third party as set forth in the third party’s privacy policy.  Any available opt-in opportunities are not required to enter the Contest, and opting in will not improve your chances of winning. 

     

    8.         RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY. By participating in the Contest, each entrant agrees to release and waive any and all claims of liability against the  Contest Entities and any applicable third party fulfillment service and each of their respective employees and agents (collectively, the "Released Parties") from and against from any and all liability, loss or damage (including personal injury) incurred with respect to the conduct of or participation in the Contest, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any prize, including any travel related thereto. By accepting the prize, winner(s) hereby agrees that: (i) to release each of the Released Parties from any and all claims in connection with the Contest and the award or use of the prizes; and (ii) where allowed by law, sign a publicity release confirming consent to use the winner’s name/likeness as set forth in Section 6 prior to acceptance of the prize. The Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, 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 Contest Entities’ sole control. Upon awarding the prize, Contest Entities will have no further obligation to winner.

     

    9.         TAXES. Any valuation of the prize(s) stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a winner may be reported to the IRS as required by law. Each winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related to prize acceptance and use not specified herein. Each winner must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from Sponsor in a calendar year will be issued an IRS Form 1099 reporting the value of those prizes to the IRS.

     

    10.       CONDUCT AND DECISIONS. All decisions of PicsArt and Sponsor will be final and binding on all matters relating to this Contest. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. The Contest Entities will interpret these Rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the Contest Entities’ decisions concerning such disputes shall be final. If, for any reason, more bona fide winners are notified than prize(s) available, prize(s) will be awarded in a random drawing from among all such persons. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. Any reference in these Official Rules or as part of the Contest to the Contest Entities’ "discretion" and/or any exercise of discretion by the Contest Entities shall mean in the Contest Entities’ "sole and unfettered discretion." The Contest Entities further reserve the right to terminate the Contest if in their sole judgment, the rules or the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not an entrant in the Contest. In the event the Contest is terminated, Sponsor will award the prize(s) in a random drawing from all eligible entries received prior to termination. If applicable, material changes to the Contest rules will be available online at the PicsArt or Sponsor’s website, when practical. The Contest Entities’ failure to enforce any term of these Official Rules shall not constitute a waiver of this provision.

     

    11.       BINDING ARBITRATION. Any controversy or claim arising out of or relating to the Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS ("JAMS Rules and Procedures") then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

     

    12.       MISCELLANEOUS. Contest Entities reserve the right to determine eligibility should special circumstances arise, all decisions are considered final and binding. Contest Entities disclaim any responsibility to notify entrants of any aspect related to the conduct of the Contest. As a condition of participating in the Contest, entrants agree (and agree to confirm in writing) that: (a) under no circumstances will entrant be permitted to obtain costs, judgments, or awards for, and entrant hereby knowingly and expressly waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-pocket expenses, and in such limitation, entrant further waives any rights to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, through binding arbitration as set forth above, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys' fees and court costs. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every entrant. Participation in the Contest constitutes entrant’s full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon entrant’s fulfillment of all requirements set forth herein.

     

    13.       COMPLIANCE WITH LAW AND GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Official Rules, or the rights and obligations of entrant, PicsArt, and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, in the City of San Francisco.

     

    14.                 SUBMISSION TERMS AND CONDITIONS.  By submitting a photo remixed by you pursuant to the #iHeartMONSTAX Challenge ("Submission") for the Contest, you hereby warrant and represent your entry conforms to the requirements as set forth herein and as stated in these Official Rules. By making a Submission, you hereby agree to be bound by the Contest Official Rules and Contest Entities respective terms and conditions for use of their websites, products and services. All Contest entries are subject to the Contest Official Rules. In general all submissions must meet the minimal following requirements:

    * Submission cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity;

    * Submission cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;

    * Submission cannot be obscene or offensive, endorse any form of hate or hate group;

    * Submission cannot defame, misrepresent or contain disparaging remarks about the Contest Entities, or their respective services, products, or other people, products or companies;

    * Submission cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses;

    * Submission cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media or musical "samples" other than the musical tracks provided) without permission;

    * Submission cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than you, without permission from the third-party or a parent or legal guardian if the third-party is a minor ;

    * Submission cannot communicate messages or images inconsistent with the positive images and/or goodwill to which the Contest Entities wish to associate; and

    * Submission cannot depict, and cannot itself, be in violation of any law.

     

    BY MAKING A SUBMISSION, YOU ACKNOWLEDGE THAT YOUR SUBMISSION MAY BE POSTED ON CONTEST ENTITIES’ RESPECTIVE WEBSITES AND APPS, IN EACH CONTEST ENTITY’S DISCRETION. Contest Entities reserve the right to, and may or may not; monitor/screen Submissions prior to posting them to their websites.  By making a Submission, you acknowledge that Contest Entities have no obligation to use or post any Submission you make. 

     

    By making a Submission you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that you have obtain permission from a person who's name, likeness or voice is used in the Submission and (f) and that publication of the Submission via various media including Web posting, will not infringe on the rights any third party rights. You further agree to defend, indemnify and hold harmless the Contest Entitiesfrom any claims to the contrary.

     

    By accepting a prize, you agree that your Submission will be deemed a Work Made For Hire for PicsArt under the Copyright laws of the United States, but if it cannot be so deemed, then you agree to irrevocably assign and transfer to PicsArt all of your right, title and interest in and to your Submission, including, but not limited to all copyright and trademark rights you may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. You hereby waive in favor of PicsArt, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that you may now or later have to your Submission. PicsArt reserves the right to alter, change or modify the Submission, in its sole discretion. Upon request of PicsArt, you shall execute and deliver such additional instrument of assignment, as may be solely deemed by PicsArt, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Submission and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should PicsArt fail to request the said assignment as stated, that shall not be deemed a waiver of PicsArt’s rights and PicsArt may at a later time request the assignment. Further, PicsArt may request, that you secure from any model(s) or videographer an irrevocable assignment and transfer to PicsArt all of any model(s) or videographer’s right, title and interest in and to your Submission, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. The model(s) or videographer may be required to waive in favor of PicsArt, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that the model(s) or videographer may now or later have in the Submission. Should PicsArt fail to request the said model(s) assignment or videographer assignment as stated, that shall not be deemed a waiver of PicsArt’s rights and PicsArt may at a later time request the assignment(s).

     

    By making a submission, you agree that your Submission is gratuitous and made without restriction, and will not place PicsArt under any obligation, and that PicsArt is free to disclose or otherwise disclose the ideas contained in the Submission on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you.  You acknowledge that, by acceptance of your Submission, PicsArt does not waive any rights to use similar or related ideas previously known to PicsArt, or developed by its employees, or obtained from sources other than you.

     

    This Contest is neither sponsored nor administered by either MONSTA X or Epic Records and MONSTA X and Epic Records expressly disclaim any obligation or liability in connection with this Contest.