“NEXT MUSIC STAR” COMPETITION

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS COMPETITION.

By entering or voting in this Competition, Entrants and Voters accept and unconditionally agree to abide by and be bound by these Rules (the “Rules”), the Terms of Use (https://elevate-global.co/terms-of-use/), Privacy Policy (https://elevate-global.co/privacy-policy/), and the decision(s) of Operator as set forth herein. Elevate Global ("Operator"), a Delaware corporation, administers thenextmusicstar.com (the “Website”) and the Competition. Operator can be reached here https://elevate-global.co/contact. All prizes will be awarded in accordance with these Rules.

BY PARTICIPATING IN THE COMPETITION, YOU DO NOT GIVE UP OWNERSHIP RIGHTS IN YOUR MUSIC, IMAGE OR VOICE CONTAINED IN ANY VIDEO, PHOTOGRAPH, AUDIO RECORDING OR OTHER ELECTRONIC CONTENT SUBMITTED OR OTHER DOCUMENT OR WRITTEN MATERIAL SUBMITTED (COLLECTIVELY “THE SUBMITTED MATERIALS.”)

TABLE OF CONTENTS

ELIGIBILITY

NOTICE OF ARBITRATION, WAIVER OF CLASS ACTION & LIMITATION OF DAMAGES

GENERAL

PRIZE PROVIDER

CONSENT TO USE OF IMAGE AND OTHER SUBMITTED MATERIALS

SCREENING OF ENTRIES AND SUBMITTED MATERIALS

HOW TO ENTER

HOW TO VOTE

COMPETITION SCHEDULE

TIEBREAKERS

NOTIFICATIONS TO COMPETITORS/WINNER(S)

WINNERS

PRIZE WINNER ACKNOWLEDGEMENT

ANCILLARY PROMOTIONS

CONDUCT

REQUIREMENTS AND CONSENT OF WINNER(S)

WAIVER AND LIMITATIONS OF LIABILITY

DISPUTE RESOLUTION AND MANDATORY ARBITRATION

TERMINATION

COMPETITION WITHDRAWAL REQUEST

NO REFUND POLICY

DONATION

DESIGNATED GRANTEE

AGREEMENT

SEVERABILITY

CONTACT INFORMATION

NO AFFILIATION

ELIGIBILITY

Competition entry is open only to musical acts—including but not limited to vocalists, instrumentalists, bands, DJs, rappers, songwriters, etc. Only one (1) entry permitted per musical act. All subsequent entries will be disregarded, and any duplicates removed.

No payment is required to participate in this competition (“the Competition”), whether individuals are submitting entries (“Entrants”), progressing in the Competition (“Competitors”) or submitting votes (“Voters”).  Voters may purchase votes if they wish to vote more than once per day during the Competition. Entrants, Competitors and Voters are collectively referenced as “Participants” in these Rules.

Entrants must be thirteen (13) years of age or older (“Eligible Entry Age”) and legal residents of the United States (“U.S”) or Canada, at the time of entry. Purchasing of votes is limited to individuals that have reached at least eighteen (18) years of age or the age of majority in their state of legal residence, whichever age is greater. The age of majority in Alabama and Nebraska is nineteen (19) years of age and the age of majority in Mississippi is twenty-one (21) years of age.

Officers, directors, employees, contractors and agents of “the Competition Entities” (defined as Operator and its affiliates, the Sponsors, Prize Providers, promoters and charities of the Competition), along with their immediate family members (defined as spouse, parent, child, sibling), are ineligible to participate in the Competition as Entrants or Competitors. 

Entrants/Competitors may be requested to consent to a background check that may be performed, at the sole discretion of Operator, to verify information provided by Entrants/Competitors and compliance with these Rules, or for other reasons related to the Competition. Refusal is grounds for ineligibility or disqualification.

Void where prohibited by law.

NOTICE OF ARBITRATION, WAIVER OF CLASS ACTION & LIMITATION OF DAMAGES

THE SECTIONS BELOW OF THESE RULES TITLED “WAIVER AND LIMITATIONS OF LIABILITY” AND “DISPUTE RESOLUTION” EXPLAIN WHAT CLAIMS YOU ARE WAIVING, WHAT DAMAGES YOU CAN CLAIM, AND CONTAIN AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION, WHICH STATES THAT YOU AND THE COMPETITION ENTITIES (EACH A “PARTY” AND, COLLECTIVELY, THE “PARTIES”) MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER, OR OTHERWISE ON BEHALF OF OTHERS, IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

GENERAL

ALL DATES SET FORTH IN THESE OFFICIAL RULES ARE APPROXIMATE. OPERATOR RESERVES THE RIGHT TO EXTEND ANY DEADLINES. THE SUBMITTED MATERIALS AND ADDITIONAL MATERIALS WILL NOT BE RETURNED OR ACKNOWLEDGED. FALSE AND/OR DECEPTIVE ENTRIES, VOTES, OR ACCOUNTS SHALL RENDER THOSE ENTRIES, VOTES, OR ACCOUNTS INELIGIBLE.

PRIZE PROVIDER

A portion of the prizes in this Competition provided by iHeart Media + Entertainment, Inc.  (“Prize Provider”). 

CONSENT TO USE OF IMAGE AND OTHER SUBMITTED MATERIALS

By completing an Entry and registering for the Competition, Entrants and Competitors grant Operator a limited, non-exclusive and non-transferable license to use the Submitted Materials and any Additional Materials on the Website and digital apps, and otherwise in connection with Operator, the Competition, and its affiliated Competition partner brands, and in any and all media now known or hereafter discovered. The license includes any reproductions either in whole or in part from the Submitted Materials or any Additional Materials.

More specifically, Entrants and Competitors consent to the use of the Submitted Materials (i) on the Website and digital apps, and otherwise in connection with the Competition, (ii) to promote the Competition, (iii) to promote the music events associated with the Competition, and (iv) to promote other Operator and sponsor-related activities.

By entering this Competition, Entrants represent and warrant that they are of Eligible Age and own or control all necessary rights in the Submitted Materials to grant Operator the rights described herein.

For purposes of these Rules and notwithstanding any provision of these Rules to the contrary, “Entrant” and “Competitor” refers to each and every performer and every songwriter (collectively, jointly, and severally) associated with the Submitted Materials. 

Entrants and Competitors further agree to Operator’s use of their name, biographical information and the Submitted Materials for both online and offline direct marketing purposes in connection with the Competition. The consent is perpetual and binding on the heirs and successors of the Entrants and Competitors.

Submission of a qualifying entry grants Operator and its representatives and agents the right to publish, use, adapt, edit, and/or modify such Entry in any way, in any and all media, without limitation and without consideration to Entrant. Submission of an Entry further constitutes Entrant’s consent to grant to Operator a limited, non-transferable license, to use, adapt, edit, and/or modify the Entry in any manner it so chooses and for any other purpose whatsoever, in connection with the Competition and any future competition(s).

Entrants and Competitors warrant and represent that they own or control all necessary rights in the Submitted Materials to grant Operator these rights, and that the Submitted Materials do not infringe upon the rights of any person or entity, including but not limited to copyright, right of publicity, and right of privacy.

Entrants and Competitors waive all claims to compensation (except for the awarding of the prizes to the Winner) or damages based on the use of the Submitted Materials, and further waive any right to inspect or approve the use of the Submitted Materials in the Competition or its marketing.

SCREENING OF ENTRIES AND SUBMITTED MATERIALS

A panel of Operator-selected individuals (the “Judging Panel”) will do a preliminary screening of all entries and materials submitted, including but not limited to the Submitted Materials for compliance with these Rules and adherence to the Judging Criteria (defined below), as well as hand-selecting Entrants that will be eligible to enter the Competition’s public voting phase. The Judging Panel, in its sole discretion, shall select Entrants on talent, as determined by the Panel.

Any Submitted Materials must not contain or convey any content that the Judging Panel determines, at its sole discretion, subjectively or otherwise, (i) to be overly indecent, profane, obscene, explicitly sexual, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, libelous, or hateful, (ii) to be racially, ethnically, or otherwise offensive or objectionable, (iii) to encourage unlawful behavior, (iv) to infringe upon the brand names, trade-marks, trade names, logos, or any other intellectual property that may belong to a third party, or (v) to disclose any detailed personal, physical, contact data, or otherwise confidential information that may belong to a third party (collectively, the “Judging Criteria”).

At the end of each Round of the Competition (defined below), those whose entries were selected to continue in the Competition shall be notified by email, telephone, SMS/text message or other means reasonably calculated to provide notice. 

HOW TO ENTER

All entries must be received by April 5th, 2025 by 5pm ET, to be eligible for inclusion in the Competition.

To enter, Entrants must visit www.thenextmusicstar.com (“the Website”) to complete and submit an official entry form.

Parents and legal guardians of entrants between 13 and the age of majority in their state of residence, which age may be 18, 19 or 21 years of age, must provide consent for their minor to participate in the Competition. 

Entrants must provide all information requested, including legal name, current contact information, and at least one (1) sample of, or link to the Entrant’s music sample(s), video(s), audio file(s), etc., or applicable social media and/or user-generated content platforms (i.e. YouTube, Vimeo, etc.), that conforms to the specifications required below, using the upload tool and instructions provided. 

Entries, including but not limited to photographs, videos, music files and all other Submitted Materials are for Operator use and will not be returned, therefore Entrants should not post originals. Operator is not responsible for lost, late, incomplete, or misdirected entries.

All materials submitted by Entrants for the Competition (including the Submitted Materials) must include Entrant in them and must have been created/taken on or after the Entrant has reached Eligible Entry Age.

Submitted Materials must not infringe or violate any right of any third party or entity, including but not limited to copyright, right of publicity, and right of privacy. Please check with the photographer/videographer/creator and anyone appearing in the Submitted Materials, to make sure that you have the rights to submit the Submitted Materials.

False, deceptive, or incomplete entries or information provided by Entrants or Competitors at any point relating to the Competition may render the entry ineligible, regardless of when the problem is discovered.

UPON ENTRY TO THE COMPETITION, ENTRANTS AND COMPETITORS SHALL BE PROHIBITED FROM CASTING  PAID VOTES FOR THEMSELVES.

Entrants and Competitors agree that Operator may contact them for any purpose relating to the Competition, including a request for resubmission of any portion of the Submitted Materials and/or a request to submit additional images, videos, links, etc. (“Additional Materials”).

Entrants may contact Operator or reply “STOP”, to withdraw consent to be contacted via email message, or SMS/text message, at any time. While Entrants may have assistance in entering data and uploading the Submitted Materials, Entrants must otherwise complete the entry forms themselves (which includes a parent or legal guardian if an Entrant has not reached the age of majority in the Entrant’s state of legal residence).

After entering the Competition, the Submitted Materials may be placed on the Website, where they may be viewed by visitors to the Website.

Entrants/Competitors may be requested to submit Additional Materials for publication on the Website, so long as such materials do not display offensive content, are not obscene (as determined in the sole discretion of Operator/Judging Panel), and do not infringe upon the rights of any person or entity, including but not limited to copyright, right of publicity, and right of privacy.

HOW TO VOTE

Public voting begins March 26, 2025.

All Voters purchasing votes must be at least the age of majority in their state of residence, which is either eighteen (18), nineteen (19) or twenty-one (21) years or older on the date that their votes are purchased/cast.

All eligible Voters earn one (1) free vote every day, which they can cast for their favorite Competitor, after Operator verifies Voter eligibility (whether via Google, Apple, SMS verification, payment method verification, or other process).

Eligible Voters can purchase additional votes (for one or more Competitors).

Operator retains the right to provide additional means, methods and valuations of voting (e.g. 2-for-1 votes), which may be offered to Voters at any point during the Competition, at its sole discretion. “Qualifying Votes” are those placed in accordance with these Rules and the Terms of Use, which can also be found on the Website.

The winners of each round of the Competition will be determined based upon the number of Qualifying Votes received, with those receiving the highest number of Qualifying Votes deemed the winner(s) of that round.

ENTRANTS ARE PROHIBITED FROM CASTING ANY VOTES PAID BY OR FOR THEMSELVES.

ENTRANTS CAUGHT PURCHASING VOTES, OR CASTING VOTES, FOR THEMSELVES MAY BE SUBJECT TO DISQUALIFICATION. THE USE OF AN ENTRANT'S PAYMENT METHOD(S) (PERSONAL, BUSINESS, ETC.) TO PURCHASE VOTES TO CAST FOR THAT ENTRANT IS PROHIBITED.

“Bot” activity or any kind of robotic or automated voting mechanism is not an accepted form of voting and such votes will not be counted, if discovered. If this type of false voting is detected, the individual, associated IP address, email address, and/or mobile phone number will be banned from voting. At its sole discretion, Operator reserves the right to disqualify Competitors suspected in encouraging, soliciting, or otherwise knowingly participating in this type of activity, or any other voting activity Operator deems unfair. Operator reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry or voting process, or the operation of the Competition, in any way.

COMPETITION SCHEDULE

Upon acceptance, Competitors will be divided into random groups and advance to the initial public voting round. Subsequent public voting rounds (individually a "Round" and, collectively, the “Rounds”) will progressively reduce the number of Entrants.

  • Top 20 (begins March 26th and ends April 5th) – Public voting will reduce each group to the top twenty (20) Competitors.

  • Top 15 (begins April 5th and ends April 10th) – Public voting will reduce each group to the top fifteen (15) Competitors.

  • Top 10 (begins April 10th and ends April 14th) – Public voting will reduce each group to the top ten (10) Competitors.

  • Top 5 (begin April 14th and end April 18th) – Public voting will help reduce each group to the top five (5) Competitors.

  • Group Finals (begin April 18th and end April 22nd) – Public voting will reduce total Competitors to one (1) preliminary winner in each Group Finals group who will then advance to the Quarterfinals.

  • Wildcard (begin April 22nd and end April 23rd) - The second and third place finishers from each group will be divided into a shortened 24 hour Wildcard round for a chance to advance to the Quarterfinals.  Votes will be reset and public voting will determine the top one (1) Competitor from each group who will then advance to the Quarterfinals. Votes earned in this round will carry over to the Quarterfinals. 

  • Quarterfinals (begin April 22nd and end April 26th) - The top Competitors from each Group Finals will be divided into Quarterfinals groups. Votes will be reset, and public voting will determine the top one (1) Quarterfinalist from each group who will then advance to the Semifinals. The Wildcard round top vote getters from each group will join the Quarterfinals round in progress on April 23rd. Group Final winners that move straight to the Quarterfinals will earn an advantage over WIldcard Competitors by receiving an extra 2 for 1 voting period during the first day of the Quarterfinals round. 

  • Semifinals (begin April 26th and ends April 30th) – Quarterfinals winners will be divided into Semifinal groups. Voting will be reset, and public voting will determine one (1) winner from each Semifinal group who will advance to the Finals. 

  • Finals (begin April 30th and ends May 4th – Voting will be reset, and public voting will determine the top four (4) Entrants of the 2025 Next Music Star (the "Fourth-Place Winner", “Third-Place Winner”, “Second-Place Winner”, and the “Grand Prize Winner”), by May 5th, 2025. 

TIEBREAKERS

In the unlikely event that one or more Competitors in the same group receive the same number of votes in any Round, except for the Finals, and are up for elimination in that Round, then all those Competitors shall advance.

If during the Finals, two or more Competitors receive the same number of votes in that Round and are up for placing first, second, third or fourth, then the Competitor with the most aggregate votes across all rounds of the Competition shall advance or take the higher place.

In the unlikely event that those aggregate votes for the Grand Prize Winner are also identical, the Operator, in its discretion, can provide for an additional voting period, so that the Competitor with the most votes in that additional period will be crowned the Grand Prize Winner.

NOTIFICATIONS TO COMPETITORS/WINNER(S)

Advancing Competitors for each Round as well as the Fourth-Place, Third Place, Second Place, and Grand Prize Winner (each a “Winner” and, collectively, the “Winners”) will be notified by email, telephone, SMS/text or other means reasonably calculated to provide notice.

If you are selected as a Winner, your information may also be included in a publicly available “Winner’s List.” If an Entrant is disqualified for any reason at any point during any Round, Operator may, but is not obligated to, determine, in its sole and absolute discretion, whether the Entrant with the next-highest number of votes will replace the disqualified Entrant. 

WINNER(S)

Winner(s) will be selected by public voting. Winner selection is not subject to random chance. The one (1) verified Fourth-Place Winner, one (1) verified Third-Place Winner, one (1) verified Second-Place Winner, and one (1) verified Grand Prize Winner in this Competition will receive an applicable prize (“Prize”) package, as described below.

GRAND PRIZE

•      Perform as the opening performer at iHeart’s Wango Tango on May 10th, 2025. 

•      Up to 6 VIP tickets for guests to event where winner is performing

•      Domestic Travel accommodations (up to 6 people)

•   Roundtrip coach airfare for up to six (6) individuals to Los Angeles, CA from any airport located within the forty-eight (48) contiguous United States (if applicable, Grand Prize Winner is solely responsible for getting to/from an airport located within the forty-eight (48) contiguous U.S. states)

•   Two (2) night(s) standard double-occupancy hotel accommodations within the Los Angeles, CA area, for up to six (6) individuals (room and tax only)

•      Meet’n’greet with an Artist performing

•      Coaching session to prep for live performance from vocal coach

•      Artist Inclusion in app or concert guide

•      Private dressing room

•      Inclusion in all show media (pre, post), pending media pick-up

•      Tour of radio station

•     $10k Cash Prize awarded in the form of a check.

SECOND PLACE

•        Up to 4 VIP Tickets to Wango Tango where 1st place winner is performing

•        Domestic Travel accommodations (up to 4 people)

•        Meet’n’greet with major artist performing at show

•     Roundtrip coach airfare for up to four (4) individuals to Los Angeles, CA from any airport located within the forty-eight (48) contiguous United States (if applicable, and Contestant is solely responsible for getting to/from an airport located within the forty-eight (48) contiguous U.S. states)

•     Two (2) night(s) standard double-occupancy hotel accommodations within the Los Angeles, CA area, for up to four (4) individuals (room and tax only)

•       Tour of the radio station

THIRD PLACE

•     2 VIP Tickets to music festival where 1st place winner is performing

•     Domestic Travel accommodations (up to 2 people)

•   Roundtrip coach airfare for up to two (2) individuals to Los Angeles, CA from any airport located within the forty-eight (48) contiguous United States (if applicable, and Contestant is solely responsible for getting to/from an airport located within the forty-eighty (48) contiguous U.S. states)

•   Two (2) night(s) standard double-occupancy hotel accommodations within the Los Angeles, CA area, for up to two (2) individuals (room and tax only)

•     Meet’n’greet with major artist performing at show

•     Tour of Radio Station

FOURTH PLACE

•     2 VIP Tickets to music festival where 1st place winner is performing

•     Domestic Travel accommodations (up to 2 people)

•  Roundtrip coach airfare for up to two (2) individuals to Los Angeles, CA from any airport located within the forty-eight (48) contiguous United States (if applicable, and Contestant is solely responsible for getting to/from an airport located within the forty-eight (48) U.S. states)

•   Two (2) night(s) standard double-occupancy hotel accommodations within the Los Angeles, CA area, for up to two (2) individuals (room and tax only)

•     Meet’n’greet with major artist(s) performing at show 

•     Tour of Radio Station

PRIZE WINNER ACKNOWLEDGMENT

The winner(s) will be announced on the Website. By agreeing to appear as a Winner in the Competition, the Winner(s) consents to the use of their name, music sample, photos/videos (including the music event, filming, interview, etc.), and/or likenesses for advertising and trade purposes in connection with the Next Music Star brand, including without limitation, the Next Music Star Competition and in Print and Digital Materials in the United States and any countries where the Next Music Star brands exist, in any and all media known or hereinafter discovered, without territorial or time limitations and without additional compensation, except where prohibited.

In the event there is an occurrence beyond Operator or Prize Provider’s control, including but not limited to a force majeure, or act of nature, etc., Operator and/or Prize Provider may elect, in its/their sole discretion, to offer a cash equivalency for any portion of the Prize, in substitution for the current Prize as described herein in these Rules.

By accepting the Prize package or money, Winner(s) acknowledge/s compliance with these Rules. To the extent that any U.S. federal and/or state income or other taxes, and/or any other fees apply to the value of the Prize(s) and/or award(s) provided to the Winner(s), the Winner(s) shall be solely responsible for the reporting and payment of such taxes and fees. Actual/appraised value may differ from the ARV at time of Grand Prize award.   If any portion of prize is not used by Winner, or any portion of the prize package is unavailable for any reason, that portion of the prize package will be forfeited with no compensation being paid in exchange therefore.

The Grand Prize Winner will receive a Prize package, including cash, with an approximate maximum retail value of $16,090.00.

The Second Place Prize Winner will receive a Prize package, including cash, with an approximate maximum retail value of $5,600.00.

The Third Place Prize Winner will receive a Prize package, including cash, with an approximate maximum retail value of $3,100.00.

The Fourth Place Prize Winner will receive a Prize package, including cash, with an approximate maximum retail value of $3,100.00.

All Prize values listed above are approximate, and the final value will depend upon the location from which any Winner will be traveling and the date on which travel is booked.

Any/All individual(s) traveling as part of any Prize described herein must all travel on the same itinerary and must all be performers and/or mutually agreed technical production staff.

Winner(s) and their guest(s), if applicable, are solely responsible for obtaining any travel documents that may be required and any requisite Covid-19 vaccination/testing documentation.

Reservations are non-transferable and, once booked and confirmed, may not be rescheduled. Except with respect to ground transportation per applicable Winner descriptions herein, Winner(s) and any applicable guests will be solely responsible for all ground transportation, for the purchase of any items of a purely personal nature, for the payment of any incidental expenses (including food and beverage), and for the payment of any taxes, charges, and/or fees.

Winner(s) may be required to provide a valid credit card to check into the hotel and to cover incidental expenses.

Winner(s) will be solely responsible for the pre-payment of any applicable taxes or airport, baggage, or government fees or charges.

Any Prize(s) involving travel, including without limitation prizes consisting in whole or in part of overnight accommodations and/or travel by air will be based upon availability and subject to additional terms and restrictions imposed by Prize Provider, other sponsors, and/or other agents participating in the Competition and/or fulfillment of the Prize, including without limitation blackout dates, peak period restrictions, expiration dates, and/or additional age restrictions imposed upon the Winner and/or the Winner’s guest(s). These restrictions are not subject to negotiation. Winner’s/s’ guests may be required to sign one or more liability and publicity release agreements before being authorized by Prize Provider or its sponsor to be allowed to participate as Winner’s/s’ guest on a trip. In addition, such Winners and guest(s) are required to travel on the same itinerary, to which changes may not be made once booked, and are solely responsible for obtaining any international travel documents, visas or passports that may be required. Reservations are non-transferable and once booked and confirmed may not be rescheduled.

Any Prize(s) that consists of an opportunity to meet with, participate in an activity with, interview, or have similar interaction with any celebrity or artist (other than employees of Prize Provider) is/are contingent upon the celebrity/artist appearing for such activity/event, which is beyond Prize Provider’s control. Prize Provider is not responsible if a Winner and/or their guests are unable to meet such celebrity/artist or participate in the associated activity if the celebrity/artist determines this is not allowable for any reason or fails to appear/participate for any reason, including without limitation any illness, act of god, scheduling conflict or any other reason, Prize Provider is not responsible for such portion of the Prize, which has no monetary value, and no alternate prize will be awarded and the event/activity will not be rescheduled. In the event that Prize Provider elects, at its sole discretion, to attempt to reschedule any such event/activity or offer an alternative prize, Prize Provider will have no obligation whatsoever to offer any other alternate prize if such attempt to reschedule or other offer is not accepted by or utilized by Winner for any reason whatsoever.

Any other expenses or items not specifically listed, including but not limited to, transportation, accommodations, meals, parking and souvenirs, are the responsibility of winner and/or winner’s guest(s). If a guest(s) is a minor, the minor guest(s) must be accompanied by their parent or legal guardian. If the ticketed event or any portion thereof is postponed, rained out, canceled, or for other reasons beyond Operator’s or Prize Provider’s control does not occur, the Operator or Prize Provider will not be responsible for replacing the ticketed portion of prize. Tickets are subject to certain terms and conditions specified thereon, and seat locations (if any) are as solely determined by Prize Provider. Lost or stolen tickets will not be replaced. The Operator or Prize Provider shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the venue operator, prize provider or any other persons providing any prize-related services. If travel delays, cancellations or difficulty prevent arrival in time for the event, the Operator or Prize Provider is not responsible for awarding any compensation in lieu thereof. Tickets must be redeemed as stated in the prize notification or otherwise stated in the Official Rules. Winner agrees to accept all space availability requirements established by the venue. Winner and guest(s) must comply with all applicable laws, and any rules and regulations established by the venue. Operator, Prize Provider and the applicable venue representatives reserve the right to remove or to deny entry to winner (and his/her guest(s)) who engage in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the event or in any other objectionable behavior. Winner agrees that acceptance of the prize is done so entirely upon their own initiative, risk, and responsibility.

ANCILLARY PROMOTIONS

Operator reserves the right in its sole and absolute discretion to conduct additional promotions during the Competition (each, if any, an “Ancillary Promotion”, and collectively, the “Ancillary Promotions”). Ancillary Promotions, if any, may be conducted in a manner that may or may not be related to elements of the Competition.

Prior to conducting, and throughout the duration of, any such Ancillary Promotion, Operator will provide the following information about any such Ancillary Promotion:

·        Who can enter such Ancillary Promotions (e.g., Competitors only, Voters, the public, and/or combination of two or more of the foregoing categories);

  • Any geographic and/or age restrictions applicable to entering such Ancillary Promotion;

  • The entry period for such Ancillary Promotion;

  • How and when the winner(s) of such Ancillary Promotion will be selected; and

  • The prize(s) to be awarded to the potential winner(s) of such Ancillary Promotion, and all terms, conditions, along with the value and all terms, conditions, and restrictions applicable to the use or redemption, of any such prize(s).

·        Examples of Ancillary Promotions may include, but are not limited to, promotions related to incentivizing individuals to enter the Competition or vote for Competitors in the Competition during a designated period. In addition to any specific Ancillary Promotion Rules, these Rules, to the extent applicable, shall govern the Ancillary Promotions.

CONDUCT

FAILURE TO COMPLY WITH THESE RULES AND/OR THE TERMS OF USE MAY RESULT IN DISQUALIFICATION. Operator reserves the right, in its sole discretion, to take action against any individual participating in the Competition as a Competitor or a Voter, including removal from the Competition or the voiding of votes, for reasons including: (a) acting in any manner deemed by Operator to be in violation of these Rules or the Terms of Use; (b) acting in any manner deemed by Operator to be harmful to the Competition or other Competitors; or (c) acting in any manner deemed by Operator to be unsportsmanlike, disruptive, and/or with intent to annoy, abuse, threaten, or harass any other person/entity. Operator also reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with or undermining the entry or voting process(es), the operation of the Competition, or to be in breach of these Rules and/or the Terms of Use. ANY ACTION BY AN ENTRANT, COMPETITOR, VOTER, OR ANY OTHER INDIVIDUAL, WHICH DAMAGES OR UNDERMINES THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE IN VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND, SHOULD SUCH ACTION BE TAKEN, OPERATOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON, TO THE FULLEST EXTENT PERMITTED BY LAW.

REQUIREMENTS AND CONSENT OF WINNER(S)

Any potential Fourth-Place, Third-Place, Second-Place, Grand Prize Winner or Ancillary Promotion Winner (each a “Potential Winner”) will be required to execute an affidavit of eligibility, a liability/publicity release, Competitor release, and other documents (“Prize Claim Documents”). If any Potential Winner fails or refuses to sign and return all Prize Claim Documents within fourteen (14) days of the delivery of prize notification(s), the Potential Winner may be disqualified, and an Alternate Winner may be determined/selected (subject to the terms set forth herein). If you are selected as a Grand Prize Winner, Alternate Winner, or Ancillary Promotion Winner, you consent to your information being included in a publicly available “Winner’s List.” Except where prohibited, acceptance of a prize constitutes the Winner’s irrevocable consent to Operator, Prize Provider and their  agents, successors, and assigns or other designee's use of the Winner’s name, likeness, photograph, voice, statement, opinions, biographical information, prize and/or state/city of residence for advertising, promotional and publicity purposes in any and all media or format, worldwide, in perpetuity, without any permission, notification, payment or consideration, except for the awarding of the prizes to the Winner. Operator shall not be responsible for any failure to notify Operator of any change in address of Entrant(s), Competitor(s), or Voter(s). By accepting a prize, the Winner agrees to maintain their behavior in accordance with all applicable laws and generally accepted social practices while participating in any Competition activity, including but not limited to participation in or use of a prize. The Winner understands and further agrees that Operator has the right, in its sole discretion, to disqualify and/or remove the Winner from any activity at any time, if Operator determines that the Winner’s behavior at any point is disruptive or inappropriate, or may or does cause damage to person, property, or the reputation of Operator or Prize Provider, or otherwise violates the policies of the prize providers.

WAIVER AND LIMITATIONS OF LIABILITY

PARTICIPANTS (INCLUDING ENTRANTS, COMPETITORS, VOTERS, AND WINNERS) AGREE THAT, IN NO EVENT, SHALL OPERATOR, THE COMPETITION ENTITIES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS, BE LIABLE OR OBLIGATED TO AN ENTRANT, COMPETITOR, VOTER, WINNER, OR ANY THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND IN ANY WAY RELATED TO THE COMPETITION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, ATTORNEYS’ FEES AND ARBITRATION COSTS. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY. UNDER NO CIRCUMSTANCES SHALL THE COMPETITIVE ENTITIES BE LIABLE FOR DAMAGES GREATER THAN THE DOLLAR VALUE OF VOTES CAST BY THAT VOTER OR ONE HUNDRED DOLLARS, WHICHEVER IS LESS.

ALL PARTICIPANTS RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPETITION ENTITIES FROM AND AGAINST ANY AND ALL LIABILITY, WITH RESPECT TO, OR IN ANY WAY ARISING FROM, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, THIS COMPETITION, PUBLICATION OR USE OF THE SUBMITTED MATERIALS OR ADDITIONAL MATERIALS, ENTRANTS’ NAMES AND LIKENESSES, AND/OR ACCEPTANCE, USE, MISUSE, LOSS, OR MISDIRECTION OF THE PRIZE, INCLUDING ANY TRAVEL RELATED THERETO AND ANY LIABILITY FOR PERSONAL INJURY, DEATH, DAMAGES, OR MONETARY LOSS. By participating in the Competition, Participants further agree to release and hold harmless the Competition Entities from and against any claim: (a) of ambiguity or error in the Competition, these Rules, the Terms of Use, or the Privacy Policy; (b) related to lost, late, incomplete, or misdirected entries or votes; (c) for injuries, damages or losses (including death) of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse, use, loss, or misdirection of any prize, or participation in any Competition-related activity or participation in this Competition, including any travel related thereto; (d) for copyright infringement or violation of the right of publicity or any other intellectual property or third party right based on use of the Submitted or Additional Materials by Operator; or (e) due to any error in the offering or announcement of any prize.

PARTICIPANTS AGREE THAT ALL DECISIONS OF OPERATOR SHALL BE FINAL AND CONCLUSIVE ON ALL MATTERS RELATING TO THE COMPETITION. PARTICIPANTS FURTHER AGREE THAT THE COMPETITION ENTITIES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGES ARISING FROM DEFICIENCIES IN EQUIPMENT, COMPUTER OR INFORMATION, INCLUDING BUT NOT LIMITED TO ANY INCORRECT OR INACCURATE ENTRY INFORMATION, HUMAN ERROR, TECHNICAL MALFUNCTION, FAILURES, OMISSION, INTERRUPTION, DELETION, OR DEFECT OF ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEMS, COMPUTER EQUIPMENT, SERVERS, ACCESS PROVIDERS, OR SOFTWARE.

PARTICIPANTS AGREE THAT THE COMPETITION ENTITIES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE (RELATING TO OR RESULTING FROM PARTICIPATION IN THIS COMPETITION) TO THE COMPUTERS OF PARTICIPANTS OR ANY OTHER PERSONS, INABILITY TO ACCESS THE ENTRY WEBSITE OR ANY PAGES THEREOF, THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF ENTRIES, ENTRY SUBMISSIONS THAT ARE PROCESSED LATE OR INCORRECTLY OR ARE INCOMPLETE, GARBLED, OR LOST DUE TO COMPUTER OR ELECTRONIC MALFUNCTION OR TRAFFIC CONGESTION ON THE INTERNET OR ANY WEBSITE. PROOF OF ENTERING INFORMATION ON THE WEBSITE IS NOT CONSIDERED PROOF OF DELIVERY OR RECEIPT.

PARTICIPANTS ACKNOWLEDGE AND AGREE THAT OPERATOR DOES NOT MONITOR FOR OFFSITE ACTIVITY AND IS IN NO WAY RESPONSIBLE FOR MANAGING OR CONTROLLING OFF-SITE ACTIVITY VIA SOCIAL MEDIA AND/OR OTHER THIRD-PARTY PLATFORMS, INCLUDING BUT NOT LIMITED TO NEGATIVE AND DISPARAGING CORRESPONDENCE BETWEEN ENTRANTS, COMPETITORS AND VOTERS, OFFSITE VOTE INCENTIVES, MISLEADING OR DECEPTIVE PROMOTIONAL TACTICS, OR ANY OTHER BEHAVIORS CONSIDERED TO BE MISLEADING OR UNSPORTSMANLIKE.

DISPUTE RESOLUTION AND MANDATORY ARBITRATION

You and Operator agree that any dispute or claim arising out of, or relating in any way to, the Competition, your participation in it, these Rules, the Terms of Use, or the Privacy Policy, including all issues concerning the construction, validity, interpretation, and enforceability of these Rules, Terms of Use, Entrant, Competitor, and/or Voter rights and obligations, the rights and obligations of Operator, or the extent of any waiver or release of claims by you, shall be settled by binding and unappealable arbitration administered by the American Arbitration Association, by operation of these Rules, in accordance with its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. ALL ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER, OR OTHERWISE ON BEHALF OF OTHERS, IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

Claims shall be heard by a single arbitrator. The place of arbitration shall be Dover, Delaware, unless otherwise agreed to by the Parties, or is determined by the arbitrator that the arbitration proceed virtually (by videoconference). The arbitration shall be governed by the laws of the State of Missouri, without regard to conflicts of laws principles. Each Party will, upon written request of the other Party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. Hearings will take place pursuant to the standard procedures of the Consumer Arbitration Rules, although the Parties can appear in person, by video, or telephonically. The standard provisions of the Consumer Arbitration Rules shall apply. The arbitrator will only have the authority to grant any remedy, relief, or outcome that the Parties could have received in court, except injunctive relief. If either Party in a suit seeks injunctive relief, the arbitrator will complete arbitration of the dispute, issue an award of monetary compensation (if any), and then the party seeking injunctive relief may file a new action in state or federal court in Delaware, solely for injunctive relief. The findings of fact and conclusions of law of the arbitrator shall not be submitted as evidence or constitute precedent in this subsequent suit. Except as may be required by law, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder, without the prior written consent of both Parties. 

If any part of this arbitration provision is deemed to be invalid or unenforceable, then the remainder of this arbitration provision shall remain in full force and effect and shall be construed in accordance with its terms as if the invalid or unenforceable provision were not contained herein.

TERMINATION

If for any reason the Competition and/or any Round of the Competition, or any portion of the prize, including Wango Tango, cannot be executed as set forth in these Rules, including but not limited to, as a result of acts of God, acts of war, natural disasters, weather, pandemic or epidemic illness, disease, acts of terrorism, computer virus, tampering, unauthorized intervention, fraud, technical failures, or other factors that may corrupt or affect the security, administration, fairness, integrity or proper conduct of the Competition, and/or if the Competition is compromised or becomes technically corrupted in any way, electronically or otherwise, Operator reserves the right to cancel, terminate, suspend, and/or modify the Competition and/or any Round of the Competition, or any portion of the prize, including Wango Tango, with or without prior notice, and Operator shall not in any way be responsible or liable for any such cancellation, termination, suspension, and/or modification of the Competition and/or any phase of the Competition or any portion of the prize, including Wango Tango. Further, if the Competition is terminated before the original end date, Operator reserves the right, in its sole discretion to modify the procedure for selecting the Winner(s), unless the nature of the event giving rise to such termination renders it impossible to select the Winner(s).

COMPETITION WITHDRAWAL REQUEST

By participating in the Competition as an Entrant, Competitor or Voter, you agree that a Competition withdraw request or request for removal from the Competition can take up to forty-eight (48) hours to be processed and that a profile may still remain active during this length of time, to provide notice to Voters of the withdrawal. Voters and Competitors both acknowledge and agree that no refunds will be given upon a Competitor’s request for removal from the Competition. As such, Operator does not encourage withdrawal or voluntary removal from the Competition, as this does a disservice to Voters. By voting, you understand and acknowledge that no refunds will be offered should a Competitor be eliminated, disqualified, or willingly withdraw from the Competition. Voters acknowledge that there are no exceptions to this policy.

NO REFUND POLICY

Since the Competition will be decided based upon votes the public casts, there are no refunds once a vote is cast. As a Voter, you are responsible for understanding this policy. To maintain the integrity of the Competition, there will be no exceptions to this policy.

DONATION

BY PARTICIPATING IN THE COMPETITION AS AN ENTRANT OR A VOTER, YOU ARE NOT MAKING ANY DONATION TO CHARITY. PURCHASING VOTES DOES NOT QUALIFY AS A DONATION TO CHARITY. VOTE PURCHASES ARE NOT TAX DEDUCTIBLE. OPERATOR ALONE IS MAKING A DONATION OF COMPETITION NET PROCEEDS TO CHARITY. BY SIMPLY PARTICIPATING IN THE COMPETITION AS AN ENTRANT, VOTER, OR WINNER, YOU ARE NOT MAKING ANY DESIGNATED DONATION TO CHARITY.

At the end of the Competition, Operator will donate twenty-five percent (25%) of its net proceeds earned from votes purchased to The Bolsa Chica Conservancy, a non-profit 501(c)(3) organization that provides services that inspire and connect all generations through community involvement and leadership in hands-on restoration and education in wetland science, watersheds, coastal ecology, and environmental sustainability. Net proceeds means the total revenue generated from votes less Operator’s out-of-pocket expenditures to promote and run the Competition.

DESIGNATED GRANTEE

The Designated Grantee for the Competition is The Bolsa Chica Conservancy, a non-profit 501(c)(3) organization that provides services that inspire and connect all generations through community involvement and leadership in hands-on restoration and education in wetland science, watersheds, coastal ecology, and environmental sustainability.

 If the Designated Grantee is no longer operating or deemed worthy of the proceeds, the Operator in its discretion will determine an alternative grantee recipient to receive the donation funds.

AGREEMENT

These are the complete Rules which, in combination with the Terms of Use, and Privacy Policy, govern your use of the Website and any participation by you as an Entrant, Competitor, Voter, or Winner in the Competition. Nothing published or said elsewhere should be viewed as a modification of these Rules, the Terms of Use, or the Privacy Policy.

SEVERABILITY

If any term or provision in these Rules, the Terms of Use, or the Privacy Policy is determined by a competent authority to be unenforceable, all other terms and provisions of these Rules, the Terms of Use, and the Privacy Policy shall continue in full force and effect. 

CONTACT INFORMATION

If you have any questions or comments about the Competition as outlined above or would like to request the name of the Grand Prize Winner, please contact Operator at https://elevate-global.co/contact.

NO AFFILIATION

This Competition is not in any manner sponsored, endorsed, or administered by, or associated with, Facebook or Instagram, and is operated solely by Operator.