Nissan – Bet Next Up Contest Sweepstakes
NISSAN BET NEXT UP CONTESTOfficial Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE OF THE ELIGIBLITY AREA (DEFINED HEREINAFTER) AND WHERE PROHIBITED OR RESTRICTED BY LAW.
By entering the Nissan BET Next Up Contest (“Contest”) you agree to abide by all terms and conditions referenced in these Official Rules.
1) ELIGIBILITY: This Contest is only open to legal residents of the fifty (50) United States or the District of Columbia (the “Eligibility Area”), who are at least eighteen (18) years of age at the time of entry. If a person is at least eighteen (18) years old and is deemed a minor in his/her state/jurisdiction of primary residence, that person must have his/her parent’s/legal guardian’s permission to enter this Contest. Employees of Nissan North America, Inc., (“Nissan” or “Sponsor”), Black Entertainment Television LLC (“BET” or “Administrator”), and any Contest or other vendor agencies involved in this Contest (and any other person engaged to work on this Contest program) and each of the above’s respective parents, affiliates, and subsidiaries (collectively, the “Contest Entities”) and the household and immediate family members (defined for the purposes of this Contest as a parent, spouse/domestic partners, child, and sibling) of such employees are not eligible to enter or win.
2) ENTRY PERIOD: Submissions (defined below) for this Contest will be accepted between 12:01 a.m. Central Time (“CT”) on June 27, 2021 and 11:59 p.m. CT on July 12, 2021 (“Contest Period”).
3 ) HOW TO ENTER: To submit an entry in the Contest (a “Submission”), you, must submit an completed entry form (“Entry Form”) and one (1) video with your original music sample (“Music Sample”) (telling us how your music is innovative and drives hip hop forward, during the Contest Period:
a) Visit bet.com/nextup (the “Website”) during the Contest Period to submit an Entry Form. You must complete all fields accurately and completely in the designated areas on the registration page of the Website.
b) Submit a one (1) minute video via YouTube link, including an original music sample, telling us how your music is innovative and drives hip hop forward.
ENTRY LIMIT: Limit one (1) Submission per person and per authorized email account holder. All Submissions must be received during the Contest Period. Submissions received from or on behalf of any person in excess of stated limitations or otherwise not in compliance with these Official Rules, including, without limitation, Submissions which do not comply with YouTube’s Community Guidelines, will be void and those involved in such Submissions will be disqualified.
The use of automated devices to enter this Contest is prohibited. The Contest Entities assume no responsibility for lost, late, or misdirected Submissions or any computer, online, telephone, or technical malfunctions that may occur. All Submissions become BET’s and Nissan’s property and will not be returned. Submissions will be screened for compliance with Contest requirements and criteria as stated in the section below under “Additional Criteria for Submissions;” incomplete or non-complying Submissions are not eligible and will be disqualified.
d) ADDITIONAL CRITERIA FOR SUBMISSIONS: Each Entrant represents and warrants that his or her Submission is the Entrant’s original creation, they are the sole and exclusive owner of the Submission, and the Submission will not infringe on the rights of any third parties. Entrant’s Submission should not include copyrighted, trademarked, or previously published material, including brand names/logos, in each case that may infringe upon a third party’s rights, as determined by Sponsor in its sole discretion, except for Sponsor’s and BET’s trademarks for which Entrant has a limited license to use for the sole purposes of creating a Submission into this Contest. Submissions requiring license or usage rights from any third party, as determined by Sponsor in its sole discretion, are not eligible. Submissions should not defame or invade the rights or privacy of any person, living or deceased, or otherwise infringe upon any third party’s personal, proprietary, or intellectual rights; should not contain material that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous, or libelous; should not contain material that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and should not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any country, region, state, or territory where the Submission is created, in each case, as determined by Sponsor in its sole discretion. All Submissions must be consistent with Sponsor’s and BET’s reputations in the marketplace and must be suitable for audiences of all ages, in each case as determined by Sponsor in its sole discretion. Submissions which, in the judges’ sole discretion, contain any type of vulgarity or objectionable content will be disqualified. Submissions that do not meet these stated criteria, or Submissions that (in the judges’ sole discretion) may technically meet the stated criteria but do not reflect the intent and the spirit of the provisions related to participation are not eligible.
Once a Submission is submitted, it is considered final and may not be modified, edited, or replaced. If multiple Submissions are received from the same Entrant, only the first Submission will be considered and all of the Entrant’s duplicate Submissions will be void.
All attempts at email or any other Internet method of entry are void. If confirmed as a winner, Entrant grants the Contest Entities the perpetual, unlimited, irrevocable, and worldwide right to post, publish, adapt, edit, make derivative works, and/or otherwise use the Submission in any manner, including copyright, and in any media now known or hereafter developed.
4) JUDGING CRITERIA AND WINNER DETERMINATION: This is not a game of chance. Odds of winning depend on the number and quality of Submissions received and the skill of each Entrant.
On or about July 13, 2021, a judging panel will select two (2) potential winners subject to verification and validation.
The judging panel will consist of representatives from BET and Just Blaze. All Submissions will be judged on a 100-point scale by the Contest judges. Submissions will be evaluated, and up to 100-points awarded, using the following criteria:
1. 40 points for innovation, which is defined as how your submitted track uses technology/production techniques in a unique way.
2. 30 points for the Drive Factor, which is defined as the way in which your submitted track drives hip hop forward.
3. 30 points for motivation, which is defined as your “why” – what is the motivating factor for your entry.
Any Submission may be eliminated, regardless of point total, in the judges’ sole discretion (i) if it is not consistent with the Sponsor’s or BET’s reputation in the marketplace, including its reputation for quality and integrity; (ii) if it does not reflect the goals of the Contest; (iii) if the language or imagery of the Submission is not suitable for all ages; (iv) if the Submission is so deficient in content or execution as to be unclear or inappropriate; or (v) if the Submission does not fully comply with the Additional Criteria for Submissions in Section 3) d) above. In the event of a tie in point totals among potential winners, the judging panel will revisit the tied Submissions and choose as the potential winner(s), the Submission or Submissions (as needed) that best reflect all criteria as a whole.
5) WINNER NOTIFICATION: On or about July 16, 2021, each potential winner will be notified by phone or email to the phone or email address provided in each potential winner’s Submission. Each potential winner will have three (3) calendar days from the time of notification to reply via phone or email or the prize will automatically be forfeited in its entirety.
In order for a potential winner to be declared as a winner, they must fully execute and return the presented affidavit of eligibility and publicity release, a mutually acceptable liability release, license to use Submissions, background authorization consent document, and appropriate tax documents (the “Documents”) using the provided pre-paid shipping label within seven (7) calendar days of delivery of the Documents, or the prize will be forfeited in its entirety.
Potential winners are subject to verification of eligibility including verification of age as determined in Sponsor’s sole discretion. Within two (2) business days after receipt of the executed Documents, BET will notify the potential winners via email or phone of their winner status. Return of any prize/prize notification as undeliverable or failure to accept any prize within the specified time period may result in disqualification and forfeiture of prize. If notified winner is not eligible, forfeits prize, declines prize, or fails to respond by the designated deadlines, an alternate winner may be designated as a winner based on the next highest judging score total, time and circumstances permitting. Any alternate winners will be subject to the same verification process. Only up to four (4) alternate potential winners may be notified, time permitting, after which the applicable prize will remain un-awarded.
a) Background Investigations: BET and Sponsor reserve the right to conduct a background investigation on the potential winners (and their respective guests), and reserve the right in their sole discretion to disqualify the potential winner based on the results of such background investigation, if BET or the Sponsor determines in their sole discretion that awarding a prize to such winner might reflect negatively on BET or Sponsor. Factors that would result in disqualification as a winner will be determined at the sole discretion of the BET and Sponsor.
6) PUBLICITY RELEASE: The winners each grant to BET, Sponsor and BET’s and Sponsor’s designees, the right to the use of winner’s name, picture, image, likeness, voice, video, biographical information and statements, at any time or times, for advertising, trade, publicity and promotional purposes or for any other reason BET or Sponsor sees fit, without limitation, in all media now known or hereafter discovered, worldwide, in perpetuity, and on the Internet and World Wide Web, without additional notice, consent, review or approval, and without additional compensation, unless prohibited by law.
7) USE OF YOUR SUBMISSION AND LICENSE: If determined as a winner, you:
a) Acknowledge that the Contest Entities do not claim any ownership rights in Submission but as a winner you are granting the Contest Entities an irrevocable, worldwide, royalty-free, perpetual right and license to: (i) reproduce, copy, modify or alter your Submission with all known or later developed means in connection with the Contest of this Contest in all media (now known or later developed); (ii) use, review, assess, test and otherwise analyze your Submission and all its content in connection with this Contest; and (iii) feature your Submission and all its content in connection with the Contest of this Contest in all media (now known or later developed);.
b) except where prohibited by applicable law, hereby irrevocably and unconditionally waive in perpetuity any and all so-called “moral rights” or any similar right that you may have or hereinafter acquire in the Submission and all its content, and to the extent that you cannot, you hereby consent to us doing or omitting to do any act that would otherwise infringe such “moral rights” or any such similar rights;
c) agree to sign any necessary documentation that may be required for the Contest Entities and their designees to make use of the rights you granted above;
d) understand and acknowledge that the Contest Entities and other entrants may have developed or commissioned materials similar or identical to your submission and you waive any claims you may have resulting from any similarities to your Submission;
e) understand that the Contest Entities cannot control the incoming information you will disclose to the Contest Entities’ representatives in the course of entering, or what the Contest Entities’ representatives will remember about your Submission. You also understand that the Contest Entities will not restrict work assignments of representatives who have had access to your Submission. Except where prohibited by applicable law, by entering this Contest, you agree that use of information in the Contest Entities’ representatives’ unaided memories in the development or deployment of the Contest Entities’ products or services does not create liability for the Contest Entities under this agreement or copyright or trade secret law;
f) understand that you will not receive any compensation or credit for use of your Submission, other than what is described in these Official Rules; and
Please note that following the end of this Contest your Submission may be posted on a website selected by the Contest Entities for viewing by visitors to that website. The Contest Entities are not responsible for any unauthorized use of your Submission by visitors to this website. While the Contest Entities reserve these rights, the Contest Entities are not obligated to use your Submission for any purpose, even if it has been selected as a winning Submission.
8 ) PRIZES: Two (2) Grand Prizes are available.
a) Each Grand Prize includes the following items (collectively, the “Prize”): A trip for winner and one (1) guest to a to be determined location for a private studio session with Just Blaze on a to be determined date in August, 2021 resulting in expert advice and the creation of one original music track. Trip consists of roundtrip, coach class air transportation from a major U.S. gateway airport nearest winner’s residence to the to-be- determined private studio session location and one night standard hotel accommodations at a hotel selected in BET’s sole discretion (one room based on double occupancy, room and tax only), ground transportation to/from airport and hotel, and One Thousand Dollars ($1,000.00) for winner only awarded in the form of a check or pre-paid credit card for spending cash.
Approximate Retail Value (“ARV”) of each Grand Prize is $6,600.00.
Prize Additional Terms: If winner resides within a 100-mile radius of destination, ground transportation will be provided in lieu of air transportation and no compensation or substitution will be provided in lieu thereof. Actual value may vary based on point of departure. Any difference between stated value and actual value will not be awarded. Trip must be taken for studio session to take place in August, 2021, or prize will be forfeited and neither BET nor Sponsor will have any further obligation to such winner. BET reserves right to change dates. Winner and guest must travel together on the same itinerary. Guest must be of legal age of majority in his/her jurisdiction of residence (and at least 18) and must sign a liability/publicity release prior to issuance of travel documents. Travel must be made through BET’s agent, on a carrier of BET’s choice. Tickets are subject to certain terms and conditions as specified thereon. Seat locations will be determined by BET. Winner and guest must comply with all travel & studio rules and regulations. Failure to do so may result in forfeiture of such portion of prize. Prize package does not include any meals, gratuities, or any other expenses not specified herein. All elements of the Prize will be determined solely by the Sponsor in its sole discretion. All other expenses and costs, not expressly listed above, including, but not limited to, federal, state, and local taxes are the winners’ sole responsibilities. In connection with the Contest, be advised that any and all policies, guidelines, recommendations of the CDC, hotel, and airlines must be followed. In addition, guests should be aware of and comply with government guidelines regarding travel restrictions and mandatory quarantines.
b) The Total ARV of all prizes combined: $13,200 USD.
Prizes are not redeemable for cash. No substitution, transfer, or assignment of prize permitted, except that BET and Sponsor, in their sole discretion, reserves the right to substitute any portion of the Prize with a prize of equal or greater value for any reason, including without limitation, prize unavailability or cancellation. Any and all taxes related to a Prize are solely the responsibility of the winner and Sponsor will comply with U.S. tax reporting requirements. Winner will be issued a 1099-MISC tax form for the ARV of the prize won. All other expenses not specified as part of Prize description are solely the winner’s responsibility. Acceptance, participation in and/or use of a prize is at winner’s sole risk and neither BET nor Sponsor is responsible for any damages whatsoever including special, indirect, or consequential damages, arising out of or in connection with the use and/or misuse of a prize.
Refusal by any Entrant to submit such documentation or complete any required forms or obligations shall result in such winner forfeiting the Prize. An alternate potential winner may be randomly selected, time and circumstances permitting. Five (5) attempts to award the Prize will be made. After these attempts, any unclaimed Prizes will remain unawarded.
9) ADDITIONAL TERMS: By entering, Entrant agrees to accept and abide by the Official Rules of this Contest and agrees that any dispute with regard to the conduct of this Contest, rule interpretation, or award of prize, shall be resolved by BET, whose decision shall be binding and final. In particular, it will be mandatory for each entrant to expressly accept these Official Rules and the grant of rights in favor of BET with respect to entrant’s Submission pursuant to the terms indicated in these Official Rules. Additionally, entrants must sign and return a written document as requested by BET to perfect such grant, if necessary. By entering, Entrant agrees to be notified using the contact information provided in the Entrant’s Submission or by using the contact information provided by the Entrant during prize claim process by BET and Sponsor for the purposes of the administration of this Contest. All federal, state, and local laws and regulations apply. By participating, to the extend allowed by law, Entrant agrees to release and hold harmless the Contest Entities and YouTube from any injury, loss or damage to person, including death or property damage due in-whole or in-part, directly or indirectly to the acceptance, use, or misuse of a prize, participation in any Contest-related activity, or participation in the Contest, and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. The Contest Entities and YouTube are not responsible for any typographical or other error in the printing of this offer, administration of the Contest or in the announcement of prizes, including such error as may give an erroneous indication that a prize has been won. In the event the Sponsor is prevented from continuing with this Contest, or the integrity and/or feasibility of the Contest is undermined by any event including but not limited to fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, protest, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, or local government law, order or regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s control (each a “Force Majeure” event), the Sponsor shall have the right, in its sole discretion to abbreviate, modify, suspend, cancel, or terminate the Contest without notice or further obligation. If the Sponsor, in its discretion, elects to abbreviate the Contest as a result of a Force Majeure event, the Sponsor reserves the right, but shall have no obligation, to randomly select the winner(s) from among all valid and eligible Submissions received up to the time of such Force Majeure event.
10) BET-PRODUCED PROGRAMMING: BET, may, at its discretion, videotape the Winners and their respective Guests during the course of the prize fulfillment as well as other material during the course of fulfillment of the Prizes and ancillary material captured during or relating to the Prize events, which may or may not be produced in association with Sponsor. All film/video/photo/audio/written material and programming created by BET will be referred to as “Programming”. BET shall be the exclusive owner of the copyright and other rights in and to the Programming. BET, Sponsor, their subsidiaries, affiliates, affiliated broadcast stations and networks and licensees will be able to use the Programming forever and throughout the world, and to license others to use it, in any manner BET wishes and in any and all media now known or hereafter discovered or developed without notice, including for advertising, promoting and publicizing any of its products or services, such use may include portions and excerpts, in addition to cut in synchronized, dubbed and superimposed versions of the Programming. By participating in Prize-related events, Winners and their respective Guests acknowledge that BET and Sponsor may use the Programming in accordance with the permission granted herein without any compensation, royalty, payment, liability or obligation to the Winners, Guests or any third party. Neither BET nor Sponsor is under any obligation to broadcast or otherwise exploit the Programming.
11) DISPUTES/GOVERNING LAW: Except where prohibited, entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate Federal or state court located in New York, NY; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
12) INTERNET: If for any reason the Internet portion of this Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, BET reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify, or suspend this Contest. In any such event, BET, at its sole discretion, will randomly select the winner(s) from eligible, non-suspect Submissions received prior to the event requiring such termination, suspension or cancellation, applying the judging criteria set forth above. The Contest Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Submissions. The Contest Entities are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or Submission to be received by BET on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer or mobile device or gaming console related to or resulting from participation or downloading any materials in this Contest. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. Submissions made by Internet will be declared made by the authorized account holder of the email address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
Entrants’ data will be used by the Contest Entities in accordance with their respective privacy polies and by any of their representatives or employees for the use and purposes to run the Contest as provided in these Official Rules.
14) LIABILITY: The Contest Entities cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party. Participants in this Contest agree that Contest Entities will have no liability whatsoever for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of a prize, or from participation in this Contest. The foregoing shall apply in the event your Submission is not received or is lost by BET. Nothing in this clause shall limit the Contest Entities’ liability in respect of death or personal injury to the extent arising out of its own gross negligence or arising out of fraud. The provisions of this Section shall apply to the maximum extent permitted by applicable law.
15) WINNERS LIST: To receive the name of the winners, please send a self-addressed, stamped envelope to be received by September 12, 2021 to: BET Attn: Stacey Simmons, Sr. Director, Brand Solutions, BET Networks Two Prudential Plaza | 180 N. Stetson Court, Suite 4350, Chicago, IL 60601
16) SPONSOR: This Contest is sponsored by Nissan North America Inc. One Nissan Way, Franklin TN 37067.
17) ADMINISTRATOR: This Contest is administered by Black Entertainment Televison LLC, 1515 Broadway, New York, NY 10036.
YouTube is not a sponsor of this Contest and is in no way responsible for the administration of the Contest, the collection of the entries, the selection of the winners or the awarding of the prizes. By entering, participants agree to release YouTube from any liability related to the Contest.
WEB SITE/POS DISCLAIMER (FULL):
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. Odds of winning will depend on the total number of and quality of Submissions received and the skill of each entrant. This is a skill-based contest. To enter, visit bet.com/nextup, complete an entry form and submit a video music sample explaining how your music is innovative and drives hip hop forward. Limit 1 submission/person email account holder. Ends at 11:59 p.m. CT on July 12, 2021. Open only to legal residents of the U.S. and D.C. ages 18 years and older. Complete details and rules at bet.com/nextup. Sponsor: Nissan North America Inc. One Nissan Way, Franklin TN 37067.
WEB BANNER (SHORTENED):
NO PURCHASE NECESSARY. Void prohibited or restricted by law. Open only to legal residents of the U.S. and D.C. ages 18 years and older. Ends 7/12/21. See Official Rules: bet.com/nextup
NoPurchNec. Open to U.S and DC. aged 18 years and older. Ends 7/12/21. Rules: bet.com/nextup