- Eligibility: The Step Up to the Mic Contest, powered by Boost Mobile® (the “Contest”), is open only to current full-time and part-time Boost Mobile employees, including corporate employees, in-store employees, dealers, and direct dealer partners (DDPs) who are eighteen (18) years of age or older at time of entry (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such entrant’s primary residence at the time of entry). The Contest is subject to all applicable federal, state, and local laws and regulations (collectively, “Applicable Law”) and is void in Puerto Rico, all United States territories and possessions, and where otherwise prohibited or restricted by Applicable Law.
- Sponsor: The Contest is sponsored and administered by Boost Mobile, Triller, Inc. and LG (individually and collectively, referred to as the “Sponsor”).
- Agreement to Official Rules: Participation in the Contest constitutes full and unconditional agreement to, and acceptance by each applicable entrant (each, an “Entrant”) of, these Official Rules and the decisions of Sponsor, which are final and binding. Winning a prize is contingent upon full compliance with these Official Rules and fulfilling all requirements set forth herein.
THESE OFFICIAL RULES ARE A LEGALLY BINDING AGREEMENT BETWEEN EACH ENTRANT AND THE CONTEST ENTITIES AND GOVERNS EACH ENTRANT’S ENTRY IN THE CONTEST. BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AGREES TO ABIDE BY THESE OFFICIAL RULES. An Entrant’s failure to comply with these Official Rules at any time will void their Entry(ies) (defined herein).
- Contest Period and Entry Period: The Contest begins on June 26, 2020 at 12:00 am Eastern Time (“ET”) and ends on August 3, 2020 at 11:59 pm ET (the “Contest Period”). Initial Entries (defined herein) for the Contest will be accepted between 12:00 am ET on June 26, 2020 and 11:59 pm ET on July 24, 2020 (the “Entry Period”). Unless an Entrant advances to the Final Round of the Contest (as further described herein), only an Entrant’s Initial Entry will be collected during the Entry Period. Sponsor’s computer, or that of Sponsor’s designee, runs the official clock for the Contest and will solely determine the time by which an Initial Entry, and the Final Round Contest entries (collectively, “Entries,” and each, an “Entry”), are received.
If an Entrant chooses to download the Triller App and/or Instagram App to participate in the Contest, he/she must be aware that INTERNET ACCESS IS REQUIRED AND STANDARD DATA RATES MAY APPLY. There is no guarantee that the Triller App or Instagram App will work with all wireless carriers, Internet service providers, or on all mobile devices. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on the Entrant’s mobile phone bill or be deducted from their prepaid account balance. Wireless carriers’ rate plans may vary, and an Entrant should contact their wireless carrier for more information on messaging rate plans and charges relating to their participation in this Contest. Mobile device service may not be available in all areas. An Entrant should check his/her mobile device’s capabilities for specific instructions. THERE IS A LIMIT OF ONE (1) INITIAL ENTRY PER ENTRANT USING ONLY ONE (1) TRILLER ACCOUNT AND ONE (1) INSTAGRAM ACCOUNT FOR THE DURATION OF THE INITIAL ENTRY PERIOD (AND SUCH TRILLER ACCOUNT AND INSTAGRAM ACCOUNT MUST BE MAINTAINED THROUGHOUT THE DURATION OF THE CONTEST PERIOD FOR EACH SUBSEQUENT STAGE OF THE CONTEST THAT AN ENTRANT ADVANCES TO BEYOND THE INITIAL ENTRY PERIOD). Initial Entries received from any person or registered Triller Account/Instagram Account in excess of the stated limitation, outside of the Entry Period, or through the use of agencies, robotic, repetitive, automatic, programed or similar methods, will be ineligible and will not count and will be deemed void. Sponsor reserves the right to disqualify any Entrant who fails to abide by these eligibility rules. FOR THE AVOIDANCE OF DOUBT, INSTAGRAM IS NOT A SPONSOR OF THIS CONTEST.
No Entry may contain any content that Sponsor, in its sole discretion, determines to:
- be vulgar, offensive, sexually explicit, profane, or pornographic;
- be derogatory or discriminatory of any age, color, disability, gender identity or expression, genetic information, marital or familial status, national or ethnic origin, race, religion, sex, sexual orientation, or veteran status;
- endorse any form of hate or hate group;
- defame, misrepresent, or contain disparaging remarks about other people, products, or companies;
- be violent or promotes the use of alcohol, illegal drugs, tobacco, weapons, or unsafe activities;
- promote any political agenda or message;
- contain copyrighted materials or other intellectual property owned by others (including, but not limited to, music, lyrics, or images published on or in websites, television, movies, or other media) without permission, other than as owned or properly licensed by the Entrant, and/or as available in the Triller Library (provided such Triller Library content may not be altered in any way). Use of any unauthorized music in any Entry may result in disqualification, in Sponsor’s sole discretion. Use of copyrighted materials from Triller Library is for the exclusive use of individuals to use and enjoy the Triller App, including to submit Entries. Except as otherwise permitted under Triller’s Terms of Service, all other uses of music within the Triller Library are prohibited and may constitute copyright infringement;
- contain any material that violates or infringes another’s rights, including, but not limited to, material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement
- contain third-party trademarks, logos, insignia, including brand names of any products, trade dress (such as distinctive packaging or building exteriors/interiors) owned by others without permission. Sponsor reserves the right, in its sole discretion, to remove or blur, or to ask the applicable Entrant to remove or blur any non-material elements (e.g., small logos on clothing, artwork hanging in the background, etc.) rather than disqualify an otherwise compliant Entry;
- contain any personal identification, such as persons’ names, email addresses, street addresses, or license plate numbers, except as already enabled to be displayed publicly through the Triller App’s functionalities (e.g., username);
- communicate messages or images inconsistent with the positive image of any of the Contest Entities’ respective names, trademarks, logos, insignias, or brands;
- violate any Applicable Law; or
- include or refer to any third parties, including, but not limited to, minor children, celebrities, friends, or other persons, who have not expressly authorized such inclusion or reference.
Sponsor reserves the right to reject and/or void any Entry which Sponsor determines, in its sole and absolute discretion, does not meet the above criteria or is otherwise offensive or is not in keeping with any of the Contest Entities’ respective images and reputations. Sponsor reserves the right to remove any Entry from the Triller App or disqualify any Entry without prior notice to the applicable Entrant. By submitting an Entry, an Entrant represents and warrants that he/she consents to the submission and use of his/her Entry(ies) in the Contest and to its use as otherwise set forth herein.
- Entrant’s Representations and Warranties: By entering, each Entrant represents and warrants that (a) he/she has the right to submit each Entry and to grant to Sponsor a license to use each Entry as described below; (b) his/her Entry consists only of original work (excluding the use of any/all music and/or lyrics that may be incorporated in each Entry which are owned or properly licensed by the Entrant and/or available in the Triller Library [provided such Triller Library content available within the Triller App may not be altered]) and each Entry has not previously been published anywhere else or entered into any other Contest; (c) he/she has not granted any person or any corporation, company, governmental authority, limited liability company, partnership, trust, estate, association, or any other individual entity or organization in his, her, or its own or any representative capacity any rights to use each Entry; (d) each Entry meets the eligibility criteria set forth above in Section 5; (e) each Entry does not defame or violate the rights of publicity or privacy of any person, living or deceased, or otherwise infringe upon the publicity rights or privacy of any third person, living or deceased, or otherwise infringe upon any person’s personal or property rights or other third-party rights; and (f) each Entry is not offensive or inappropriate, as determined by Sponsor in its sole discretion, nor does it violate any Applicable Law. By submitting an Entry, each Entrant represents and warrants that he/she consents to the submission and use of each Entry in the Contest and to its use as otherwise set forth herein.
- Ownership: Entrant understands and agrees that he/she shall retain all ownership rights in his/her respective Entry(ies) (except for music and/or lyrics that may be incorporated in each Entry which are owned or properly licensed by the Entrant and/or available in the Triller Library); however, by submitting an Entry, each Entrant hereby acknowledges and agrees that Sponsor shall be granted the same rights in and to such Entries as Sponsor receives with respect to any content and material recorded or uploaded by a registered user of the Triller App pursuant to Triller’s Terms of Service and each Entrant hereby further grants the Contest Entities and their respective licensors, licensees, and advertisers a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, transferrable, assignable, sublicensable (through multiple tiers) right and license to use, copy, reproduce, display, distribute, publish, modify, adapt, make derivative works of, make collective works with, translate, and otherwise exploit any Entry, in whole or in part, in any and all media now known or hereafter discovered (including, without limitation, online or in print, film, or television) throughout the world in perpetuity without compensation, permission or notification to Entrant or any third party, for any purpose whatsoever (including, without limitation, the promotion of the Contest and the Triller App and in connection with all service functionalities offered via the Triller App), and to identify such Entrant as the source thereof.
By submitting an Entry, each Entrant acknowledges and agrees that Sponsor may obtain many submissions in this Contest and that each Entry may be similar or identical in theme, idea, format, or other respects to other Entries submitted in this Contest or other promotions or contests sponsored by any of the Contest Entities, or to other ideas conceived by or provided to any of the Contest Entities, and the Entrant waives any and all Claims (defined herein) he/she has or may have, now or in the future, that any Entry and/or other works accepted, reviewed and/or used by any of the Contest Entities that are similar or identical to each Entry. Except where prohibited by Applicable Law, the Entrant acknowledges and agrees that Sponsor does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright or other intellectual property right in and to each Entry.
- Stages and Judging Generally: The Contest will consist of two (2) distinct stages (the “Stage(s)”): (i) an initial qualifying stage (“Initial Stage”,) which will be used to determine up to five (5) Initial Stage Qualifiers (defined herein) from the eligible Initial Entries received during the Entry Period, that will move onto the Final Stage. The eligible Initial Entries who move on to the Final Stage will be judged by an independent and qualified judge selected by Sponsor in its sole discretion.
- Qualifying Stage Judging: Sponsor will screen all eligible Initial Entries received during the Entry Period with the assistance of its proprietary algorithm that determines the most popular eligible Initial Entries by aggregating the number of times an eligible Initial Entry was “Liked”, commented on, and shared, as well as with the assistance of an artificial intelligence (AI) solution that measures the vocal ability and uniqueness of an eligible Initial Entry, and will then aggregate the top one hundred (100) eligible Initial Entries based on those factors for further evaluation by the Judges and Sponsor based on the following criteria:
The five (5) Entrants with the highest-scoring Initial Entries based on these criteria, as determined by the Judges and Sponsor in their sole discretion, will be deemed "Finalists" and will advance to the Final Stage, subject to verification of eligibility and compliance with these Official Rules. In the event of a tie, Sponsor will determine which eligible Initial Entry(ies) will become Finalists and proceed to the Final Stage based on the above stated criteria. The Judges and Sponsor reserve the right to select fewer than five (5) Entrants to advance to the Final Stage if, in its sole discretion, Sponsor does not receive a sufficient number of eligible and/or qualified Initial Entries.
- Demonstrated vocal ability (40%)
- Style and professionalism of performance (20%)
- Uniqueness of voice and performance (20%)
- Alignment with Judges’ writing and producing styles and genre (20%)
Final Stage Judging: During the Final Stage Judging, which begins at 12:00 am ET on July 25, 2020 and ends at 11:59 pm ET on August 2, 2020, each Stage 3 Entry will be judged by the Judges on the following criteria to determine the Entry who will be deemed the winner of the Contest, subject to verification of eligibility and compliance with these Official Rules (the “Winner”).
Winner Qualification Requirements: Based on the judging criteria set forth above, the one (1) Finalist with the highest-scoring Entry, as determined by the Judges and Sponsor in their sole discretion, will be deemed the Winner and will receive the Grand Prize as described below in Section 13, subject to verification of eligibility and compliance with these Official Rules. In the event of a tie, Sponsor will determine the Winner based on the above stated criteria. Decisions of the Judges and Sponsor are final and binding. Sponsor reserves the right not to declare a Winner and not to award the Grand Prize if, in its sole discretion, Sponsor determines it has not received a sufficient number of qualified eligible Stage 3 Entries. The potential Winner will be notified of such selection via Instagram Direct Message or Triller Email on or about August 3, 2020. If any Instagram Direct Message or Triller Email to the potential Winner is undeliverable, if a response to any Instagram Direct Message or Triller Email is not received within forty-eight (48) hours of date of its sending, or if any potential Winner does not comply with these Official Rules, at Sponsor’s sole discretion, the opportunity to win may be forfeited and the next runner-up may be selected by Sponsor in its sole discretion. Eligible Initial Stage Entrants who do not advance to the Final Stage will not receive a prize.
- Demonstrated vocal ability (40%)
- Style and professionalism of performance (20%)
- Uniqueness of voice and performance (20%)
- Alignment with Judges’ writing and producing styles and genre (20%)
The total ERV of the Grand Prize is at least $799.98. The total ERV of all prizes is $1,099.96.
- Grand Prize. One Grand Prize winner will receive the following:
- One (1) LG 70” 4K Smart TV (ERV: $649.99); and,
- One (1) LG K51 Smartphone (ERV: $149.99).
- Second Prize. One (1) LG K51 Smartphone (ERV: $149.99)
- Third Prize. One (1) LG K51 Smartphone (ERV: $149.99)
The ERV of the Grand Prize is subject to change based on current market conditions at time of Grand Prize fulfillment. Any difference between the ERV and the actual value, if any, will not be awarded to the Winner. The Grand Prize is awarded “as-is” without any warranty or guarantee, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The date for fulfillment of the Grand Prize will be on or before January 10, 2021 and such date is subject to change in Sponsor’s sole discretion. Additional restrictions, limitations and conditions may apply. No substitution, transfer, or cash equivalent of the Grand Prize or any portion thereof is permitted, except by Sponsor in its sole discretion, in which case a prize of comparable or greater value may be awarded. The Grand Prize does not include any additional expenses or incidentals that the Winner may incur at any time in connection with the Grand Prize, including, but not limited to, travel, lodging, and other transportation costs, Internet, or telecommunications charges such as data usage, text messaging and phone calls, costs of using the Grand Prize in any manner, legal costs, or any federal, state, and local sales or other taxes and surcharges, which are the sole responsibility of the Winner.
By accepting the Grand Prize, where permitted by Applicable Law, the Winner hereby grants to the Contest Entities and those acting pursuant to the authority of Contest Entities (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast, and use worldwide IN ALL MEDIA, in perpetuity, without limitation at any time, the Winner’s name, photo, portrait, picture, video, actual or simulated likeness, image, voice, address (city and state), biographical information, and any other material based thereon or derived therefrom for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval, or notification.
- General Conditions: In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to, fraud, virus, or other technical problem, Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules or (b) determine the Winner from among the eligible Entries received during the Contest Period up to the time of the impairment using the judging criteria outlined above. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the Entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of Applicable Law (both criminally and civilly) and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by Applicable Law. Neither any course of conduct or dealing by Sponsor nor failure or delay by Sponsor in exercising any right, power, or privilege under these Official Rules will operate as a waiver of such right, power, or privilege, and no single or partial exercise of any such right, power, or privilege will preclude any other or further exercise of any other right, power, or privilege. A waiver given by Sponsor will be applicable only to the specific instance for which it is given unless expressly stated otherwise in writing.
- Warranties and Consents: By completing and submitting any Entry, each Entrant (a) represents and warrants that (i) he/she has read, and agree to be bound by, these Official Rules, and (ii) based on the Official Rules, he/she is eligible to participate in the Contest; (b) irrevocably consents to the use of his/her name and/or likeness and each Entry by the Contest Entities for promotional purposes in any and all media now known or hereafter discovered (including, without limitation, online or in print, film, or television) throughout the world and on the Internet, and in perpetuity, without compensation (unless prohibited by Applicable Law) or additional consents; and (c) agrees to be bound by the interpretations of these Official Rules by Sponsor which are final in all matters relating to the Contest.
- Release and Limitations of Liability: By participating in the Contest, each Entrant agrees to indemnify, defend, release, and hold harmless the Contest Entities and their respective past, present, and future licensors, licensees, and advertisers and their respective past, present, and future officers, directors, shareholders, managers, members, employees, consultants, agents, successors, and assigns (collectively, the “Released Parties”) from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience, or irregularity, and any indirect, incidental, consequential, special, punitive, or exemplary damages of any kind even if the parties have been advised of the possibility of such loss or damages), costs, and expenses (including, without limitation, attorneys’ fees and court costs) that may arise in connection with (a) the Contest, including, but not limited to, any Contest-related activity or element thereof, any Entrant’s participation or inability to participate in the Contest, any person’s voting or inability to vote for an Entry, or any Entrant’s receipt of any prize, including the Grand Prize, (b) the violation of any third-party privacy, personal, publicity, or proprietary rights, (c) typographical errors in these Official Rules or any Contest materials, (d) acceptance, receipt, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence, or willful misconduct in connection with the use of the Entries, (e) any change in the Contest due to reasons beyond Sponsor’s control, including, but not limited to, by reason of any acts of God, epidemic or pandemic, any actions, regulations, orders, or requests by any governmental or quasi-governmental entity (whether or not any such action, regulation, order, or request proves to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Contest, (g) human error, (h) the failure of any third party to comply with the instructions and proper administration of this Contest, (i) incorrect or inaccurate transcription, receipt, or transmission of any part of the Entries, (j) any technical malfunctions or unavailability of any website or telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by an Entrant, (k) interruption or inability to access the Contest, the Triller App, the Instagram App, or any other website, subdomain, or mobile application via the Internet due to hardware or software compatibility problems, (l) any damage to such Entrant, voter, or any third party’s computer and/or its contents related to or resulting from any part of the Contest, (m) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (n) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable, or damaged Entries, (o) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (p) the collection, use, and/or sharing of such Entrant’s personally identifiable information by Sponsor or its designees, or (q) the negligence of or willful misconduct by any Entrant. Sponsor reserves the right to terminate the Contest if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Contest) and/or to select the Winner from among all eligible Entries received prior to such termination (collectively, “Claims”).
- Governing Law; Dispute Resolution: Each Entrant agrees that any and all Claims arising out of, or connected with, the Contest and all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, Entrant’s rights or obligations, or any of the Contest Entities’ rights or obligations in connection with the Contest shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules, and resolved individually and without resort to any form of class action (except where prohibited by Applicable Law), exclusively in the state or federal courts located in the County of Los Angeles in the State of California, and Entrant hereby waives all jurisdictional, venue, and inconvenient forum objections to such courts.