TERMS & CONDITIONS
DISCLOSURE
This is a binding contract. Your continued participation as an Entrant, Voter, or Winner in the Contest, in any manner, signifies your acceptance and agreement to these Terms and Conditions. We may cancel or amend these Contest these Terms and Conditions without prior notice. These Terms and Conditions were last updated on 23rd September 2024.
These rules govern what claims you can bring, what damages you can claim, and how disputes between you and Buzz Box Video Pty Ltd (the “Operator”) relating to your participation as an Entrant, Voter, or Winner (collectively, a “Participant”) in the Contest will be resolved. the sections 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 Contest 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.
Throughout this document, the terms "We," "Our," "Us," and any other similar pronouns or expressions shall be used interchangeably to refer to the Operator and shall be considered to represent the Operator as a whole.
Please note that the disclaimer of warranties, limitations of liability, and governing law, waiver and dispute resolution sections contain important limitations on our liability and our agreement to arbitrate following the laws of Victoria, Australia.
ELIGIBILITY
The JamarGig Profile Dancer Competition (“the Contest”) is open to all global residents, except where prohibited by law.
Officers, directors, and/or employees of Operator along with their respective immediate family members (defined as spouse, parent, child, sibling) are ineligible to participate in the Contest as Entrants.
Participants in the Contest must be at least 16 years of age.
ENTRY
1. The Contest opens on 23rd September 2024 GMT. The closing time and date for receipt of entries is 30th October 2024 GMT
2. The Entrant is to submit at minimum one head shot, a link to the Entrant’s completed JamarGig Profile and any other information or media requested in the application form (the “Entry” or “Entries”).
3. You do not need to be a professional to compete.
4. Only one (1) Entry per person will be accepted.
5. A JamarGig Profile must be created and published for the duration of the Contest.
6. A JamarGig Profile must include the entrants profile information only and must include a completed home page, biography information and associated media.
7. Operator has absolute discretion to reject an entry if the JamarGig Profile has not been completed sufficiently or contains information that is not of the entrant.
8. By entering the Contest, the entrant warrants that they are the original copyright owner of any media (the “Entry”) which is an original work and does not infringe the intellectual property rights, privacy, or any other rights of another person unless they have been granted specific rights by the copyright owner for the sole purpose of entering this Contest.
9. The Operator can refuse to accept an Entry for any reason, including but not limited to:
1. vulgar, obscene, defamatory or malicious content;
2. content which someone else owns the copyright or other intellectual property rights to, such as imagery, trademarks, logos, etc.;
3. breach of these Terms and Conditions.
10. By submitting an Entry for the Contest, the entrant agrees to assign and transfer all rights, title, and interest in and to the copyright of the Entry to the Operator. This assignment encompasses all exclusive and non-exclusive rights associated with the Entry, including but not limited to the right to reproduce, distribute, display, perform, adapt, and sublicense the Entry in any media or format, now known or hereafter devised, for any purpose related to the Contest or otherwise. This assignment is irrevocable and permanent, and will not assert any moral rights or claim any ownership interest in the Entry. The Operator shall have the right to use, edit, modify, and distribute the Entry without any further consent or compensation to the Entrant.
“PEOPLE’S CHOICE”- PUBLIC VOTE
11. The Operator will select, in its sole, absolute, and complete discretion, which Entrants will participate in the Contest as competitors. Public voting begins 31st October 2024 GMT and voting closes on the 16th November 2024 GMT. Winners will be announced on or around the 20th November 2024.
12. The public is invited to vote for their favorite Entries (“the Public Vote”). Each person may vote once per day for the same Entry with no limit on the different Entries that can vote for.
13. We reserve the right to not accept votes at our absolute and complete discretion if we suspect they were fraudulently cast. We reserve the right to disqualify any winner who engages in activity which could unfairly manipulate the outcome of the Public Vote.
14. In the event of an equal number of votes, the Operator will determine which of the tied entrants should either be selected as a winner. The winners will be selected based on the number of votes they receive.
15. The Operator will take all reasonable steps to contact the Winners using the details provided by them when they entered the Contest but in the event of any failure to do so or a Winner’s failure to respond within 48 hours, the Operator reserves the right to select an alternative winner.
PRIZES
16. People’s Choice Award (based on highest number of Public Votes)
a. 1st Place:
i. 3 Day Training on The Program with Gaz Davies
ii. Mentored feedback on JamarGig Profile site by World Renowned Choreographer/Cast Director Rick Tjia
iii. Promoted as People Choice winner on all JamarGig Online social channels
b. 2nd Place:
i. 100 Gift Voucher by Capezio
ii. Mentored feedback on JamarGig Profile site by World Renowned Choreographer/Cast Director Rick Tjia
iii. Promoted as People Choice winner on all JamarGig Online social channels
c. 3rd to 5th Place:
i. Mentored feedback on JamarGig Profile site by World Renowned Choreographer/Cast Director Rick Tjia
ii. Promoted as People Choice winner on all JamarGig Online social channels
23. Where nominated mentors are not available Operator will select an alternative mentor for the winner at the Operators absolute discretion.
24. No part of any prize is exchangeable, redeemable for cash or any other prize or transferable unless specified.
25. If a prize (or portion of a prize) is unavailable, the promoter reserves the right to substitute the prize (or that portion of the prize) with an alternative prize at its absolute discretion.
26. If any winner chooses not to (or is unable to) take their prize or does not claim it within 48 hours of being notified, the prize will be forfeited, and the Operator is not required to substitute the prize. The unclaimed prize may, at the Operators absolute discretion, subsequently be awarded to the next runner-up in that category who has not already won a prize.
DATA PROTECTION AND PUBLICITY
27. We may use all Entrants information that has been made publicly available in the Entrants JamarGig Profile by the Entrant for any purpose, including promotion of the Contest, and for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid. We may share all the Entrants information with other organizations for the sole purpose of consideration of possible employment opportunities. This may include personally identifiable information including name, email address and other personal information.
LIABILITY
28. We are not responsible for any damage, loss, or injury suffered by you entering the Contest or accepting the Prize. We are not responsible for any problems or technical malfunction of any computer online systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to your or any other person’s computer related to or resulting from participation in the Contest.
29. We do not promise that the services relating to the Contest will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition. These services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control. We will not be liable in the event that all or any part of the service relating to the Contest is discontinued, modified or changed in any way.
WAIVER AND LIMITATIONS OF LIABILITY
30. PARTICIPANTS (TO INCLUDE ENTRANTS, VOTERS, AND WINNERS) AGREE THAT, IN NO EVENT, SHALL OPERATOR, PROMOTION ENTITIES, APPLICABLE CHARITIES, CONTEST SPONSORS, OR ANY PRIZE PROVIDER (COLLECTIVELY THE “CONTEST ENTITIES”), WHICH INCLUDES THE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS OF EACH, BE LIABLE OR OBLIGATED TO AN ENTRANT, 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 CONTEST, 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 AND ARBITRATION COSTS. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY.
31. ALL PARTICIPANTS RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CONTEST 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 CONTEST, PUBLICATION OR USE OF THE SUBMITTED ENTRIES, ENTRANTS’ NAMES AND LIKENESSES, AND/OR ACCEPTANCE, USE, MISUSE, LOSS, OR MISDIRECTION OF THE PRIZE, INCLUDING LIABILITY FOR PERSONAL INJURY, DEATH, DAMAGES, OR MONETARY LOSS. BY PARTICIPATING IN THE CONTEST, PARTICIPANTS FURTHER AGREE TO RELEASE AND HOLD HARMLESS THE CONTEST ENTITIES FROM AND AGAINST ANY CLAIM: (A) OF AMBIGUITY OR ERROR IN THE CONTEST, THESE TERMS AND CONDITIONS; (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 CONTEST-RELATED ACTIVITY OR PARTICIPATION IN THIS CONTEST; (D) FOR COPYRIGHT INFRINGEMENT OR VIOLATION OF THE RIGHT OF PUBLICITY BASED ON USE OF THE ENTRIES BY OPERATOR; OR (E) DUE TO ANY ERROR IN THE OFFERING OR ANNOUNCEMENT OF ANY PRIZE.
32. PARTICIPANTS FURTHER AGREE THAT ALL DECISIONS OF OPERATOR SHALL BE FINAL AND CONCLUSIVE ON ALL MATTERS RELATING TO THE CONTEST AND THAT THE CONTEST ENTITIES ARE NOT RESPONSIBLE FOR 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, INCLUDING ANY INJURY OR DAMAGE TO PARTICIPANTS OR ANY OTHER PERSONS’ COMPUTER RELATING TO OR RESULTING FROM PARTICIPATION IN THIS CONTEST, 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.
33. 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 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
34. You and Operator agree that any dispute or claim arising out of, or relating in any way to, the Contest, your participation in it, these Terms and Conditions, including all issues concerning the construction, validity, interpretation, and enforceability of these Terms and Conditions, Entrant 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.
35. Claims shall be heard by a single arbitrator. The place of arbitration shall be Victoria Australia, unless otherwise agreed to by the Parties, or is determined by the arbitrator that the arbitration proceeds virtually (by videoconference). The arbitration shall be governed by the laws of the Victoria, Australia. 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. In addition, the prevailing Party will be entitled to recover its attorneys' fees and arbitration fees and costs. 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.
36. 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
37. If for any reason the Contest and/or any Round of the Contest cannot be executed as set forth in these Terms and Conditions, 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 Contest, and/or if the Contest is compromised or becomes technically corrupted in any way, electronically or otherwise, Operator reserves the right to cancel, terminate, suspend, and/or modify the Contest and/or any Round of the Contest 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 Contest and/or any phase of the Contest. Further, if the Contest is terminated before the original end date, the 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).
STANDARD TERMS
38. In the event that you do not, or are unable to, comply with and meet these Terms and Conditions we may disqualify you. In these circumstances, any prize you win may be forfeited.
39. The Operator may in its sole discretion change the dates of submission and voting for the Contest stipulated herein.
40. The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. These Terms and Conditions shall be exclusively governed by and construed in accordance with the laws of the state of Victoria, and any claims brought pursuant to these Terms and Conditions shall be subject to the exclusive jurisdiction of Victoria, Australia.
