The TikTok for Black Creatives Contest (hereafter the “Contest”) is open to legal permanent residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older, and who have an active TikTok account of at least 10,000 followers as of January 13, 2021 (hereafter, “Eligible Entrant”). Employees, officers, directors, agents and representatives (and the respective children or legal wards of each) of TikTok (hereafter, “Sponsor”), BMF, teamDigital Promotions, Inc. and each of their respective parents, affiliates, subsidiaries, wholesalers, retailers, distributors, suppliers, advertising and promotion agencies (hereafter collectively, “Released Parties”), and any such individual’s immediate family members (mother, father, sister, brother, daughter, son and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related, are not eligible to participate or win. Void where prohibited by law. All applicable federal, state and local laws apply.
2) Submission Period:
Contest submission period begins at 8:30:00 am Pacific Time (“PT”) on January 13, 2021 and ends at 11:59:59 pm PT on January 27, 2021 (hereafter, “Submission Period”).
3) How to Participate:
To participate, produce a video of no longer than sixty (60) seconds that showcases you as a creator and answer the following two questions: 1) What are your career goals as a creator, and 2) How do you hope to use the tools and resources from TikTok for Black Creatives to reach your goals and support the black community (collectively, with entry form, “Submission”). To enter the Contest, visit TikTokBlackCreativesApply.com (hereafter, “Site”) using your personal computer or mobile device during the Submission Period and follow the instructions provided to complete and submit the registration form, upload your video, and submit. Your response to each of the two questions must be in English and no more than 100 words per question (including counting words such as “I”, “a”, etc.).
To be eligible, all Submissions must be received during the Submission Period and no later than 11:59:59 pm PT on January 27, 2021.
Limit one (1) Submission per Eligible Entrant for the duration of the Promotion Period. In case of multiple Submissions from any one Eligible Entrant, only the first Submission received will be accepted. Modification of an existing work does not qualify as different or original. If the original digital video was saved at a lower resolution and attached to the registration form, save the original high resolution for potential future use by Sponsor and its designees. All Submissions must meet the Submission Requirements set forth below.
Video must be original, no more than sixty (60) seconds in length and in an AVI, MOV, MP4, MPEG, WMV or FLV file format not exceeding 200MB in size. Video must be in English. To be eligible, each Submission (and individual components therein) must (i) be complete and (ii) be your original creation and solely owned by you. In addition, to be eligible, Submission must not include any third-party music, packaging, logos or any other third-party intellectual property or property other than TikTok names, logos or slogans (hereafter, “Permitted Marks”), unless requisite permission is obtained. In the event you include third-party music (e.g., songs not owned/created or licensed by you) in your Submission, you shall not publish or publicly perform your Submission on any platform or medium and shall not otherwise label or tag such Submission (that has incorporated third-party music) as part of or otherwise associated with the Contest or any of the Released Parties. Submissions cannot defame or invade publicity and/or intellectual property rights or the privacy of any person, living or deceased, or infringe upon any proprietary or other rights of any person or party. Submission may also not contain, as determined by Sponsor in its sole discretion, any content that is sexually explicit or suggestive, violent or derogatory, profane or pornographic, contains nudity; promotes alcohol, illegal drugs, tobacco, firearms/weapons (or use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message; is obscene or offensive; endorses any form of hate or hate group; defames, misrepresents or contains disparaging remarks about other people or companies; contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned or controlled by others, other than as outlined above; contains any personal identification (other than as provided in the registration form); contains materials embodying the names, likenesses, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without requisite permission; contains look-alikes of celebrities or other public or private figures, living or dead; communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or violates any law. Submissions deemed by the judges, in their sole discretion, to be immoral, obscene, profane or not in keeping with Sponsor’s image and values or in violation of these Official Rules will be void. In the event of non-compliance with any requirements specified herein or with any of the terms of these Official Rules, Sponsor reserves the right to void and disqualify such Submission.
Eligible Entrants understand that they are posting their Submission at their sole risk. Sponsor is not responsible for any claims arising from the Submissions, specifically including, but not limited to, claims for intellectual property infringement and privacy rights violations. Proof of submission is not considered proof of delivery to or receipt of such Submission. Furthermore, Sponsor shall have no liability for any Submission that is lost, intercepted or not received by the Sponsor.
By entering, each Eligible Entrant warrants and represents that his/her Submission is original, has not won any awards, does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including patents, copyrights, trademarks or rights of privacy or publicity, and will not violate any federal, state or local laws or ordinances. Eligible Entrants further warrant and represent that they have secured the requisite consent from any third party referenced in their Submissions.
Message and data rates may apply if you choose to enter using your mobile device. Incomplete Submissions and/or Submissions containing inaccurate information will be disqualified at Sponsor’s sole discretion. Submissions must be received during the Submission Period to be eligible. The use of script, macro or any other device to automate or subvert the Submission process is prohibited and all such Submissions and Submissions made by any other means which subvert the Submission process will be void. In the case of a dispute as to the Eligible Entrant who submitted a Submission, Submission will be deemed made by the person named on the applicable registration form (regardless of whether that is the name of the authorized account holder of the email address from which said Submission was submitted) and he/she must comply with these Official Rules. In the event such dispute cannot be resolved to Sponsor’s satisfaction, the affected Submission will be deemed ineligible. Other than as otherwise specified herein, neither Sponsor, nor anyone acting on its behalf, will enter into any communications with any Eligible Entrant regarding this Contest (except for the purposes of notifying the winners) or acknowledge any Submission (or portion thereof) received. Any Submission not meeting all Submission Requirements stated herein will be void. The Released Parties shall not be responsible for incorrect or inaccurate Submission information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error, which may occur in the processing of the entries in the Contest. The Released Parties assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries. Proof of sending email is not considered proof of delivery to or receipt by Sponsor of such Submission.
If the Submission contains any material or elements that are not owned by the Eligible Entrant, (with the exception of Permitted Marks), and/or which are subject to the rights of third parties, the Eligible Entrant is responsible for obtaining, prior to submission of the Submission, any and all releases and consents necessary to permit the use and exhibition of the Submission by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Submission (and, if such person is a minor, Eligible Entrant will be required to obtain the consent from such minor’s parent or legal guardian and may be required to show proof of such consent in a form acceptable by Sponsor). Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any Eligible Entrant at any time. Failure to provide such proof may, if requested, render Submission null and void. By submitting a Submission, Eligible Entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Submission consent to the submission and use of the Submission in the Contest and to its use as otherwise set forth herein.
Sponsor grants to Eligible Entrant a limited revocable, non-sub-licensable, license to use the Permitted Marks for the sole purpose of creating a Submission and Eligible Entrant may make no further use whatsoever of the Submission for any purpose whatsoever. In addition, Eligible Entrant recognizes that all of the right, title, and interest in the Permitted Marks as well as all derivative works created using the Permitted Marks (including the Submission) shall vest exclusively in Sponsor, and Eligible Entrant will not have or take any action that might harm or adversely affect such rights. No right, title, or interest in and to the Permitted Marks except for the limited license granted to Eligible Entrant in these Official Rules is transferred or created.
By submitting a Submission, Eligible Entrant hereby grants the Released Parties, without any limitation of any other rights granted herein, permission for the Submission to be posted on the Site and other websites as determined by Sponsor in its sole discretion. Eligible Entrant agrees that Released Parties are not responsible for any unauthorized use of Submissions by third parties. Released Parties do not guarantee the posting of any Submission and may remove a posted Submission at any time.
By submitting a Submission, Eligible Entrant acknowledges and agrees that Sponsor may obtain many submissions under this Contest and that such Submissions may be similar or identical in theme, idea, format or other respects to others submitted under this Contest and/or other Promotions staged and/or sponsored by the Sponsor, or to other ideas conceived by or provided to Sponsor and Eligible Entrant waive any and all claims Eligible Entrant may have had, may have, and/or may have in the future, that any Submission and/or other works accepted, reviewed and/or used by the Sponsor (or its designees) may be similar to his/her Submission. Except where prohibited by law, each Eligible Entrant acknowledges and agrees that the 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 in and to the Submission or any other right related thereto.
4) Determination of Winners:
All eligible Submissions received will be judged on the following criteria by Sponsor’s panel of qualified judges:
1) Expression: does the Submission convey why the Eligible Entrant would be the best candidate for the mentorship? 0-25 points;
2) Passion: does the Submission reveal the Eligible Entrant’s passion for TikTok? 0-25 points;
3) Presentation: does the Eligible Entrant deliver his/her message with compelling expression and appeal? 0-25 points; and
4) Level of originality in the Eligible Entrant’s Submission: 0-25 points (collectively, the “Judging Criteria”).
The one hundred (100) Submissions with the highest scores, as determined by the judges in their sole discretion, will be deemed potential “Winners”. Sponsor reserves the right to select fewer than one hundred (100) Submissions if, in their sole discretion, they do not receive a sufficient number of eligible and qualified Submissions. In the event of a tie, a separate “tie-breaking” judge or judging panel determined by Sponsor at Sponsor’s sole discretion will re-judge the tied Submissions based on the above Judging Criteria. Prize awards are subject to verification of eligibility and compliance with these Official Rules.
B) Winner Notification:
Potential Winners will be determined on or about February 10, 2021 and will be notified by email. Potential Winners will be required to execute and return an Affidavit of Eligibility, a Liability Release and unless prohibited by law a Publicity Release within two (2) days of the date/time of issuance of notification.
Further proof or verification of identity and qualifications may be required along with a background/criminal check of any potential Winners. Each potential Winner agrees to such check and agrees to provide full consent if required. Failure to comply with any of the forgoing may result in disqualification and, based on the Judging Criteria described above and time permitting, a runner-up potential Winner may be identified, at the sole discretion of Sponsor. In addition, at the discretion of Sponsor, potential Winner’s Submission may be disqualified for any of the following: if Eligible Entrant is charged with or convicted of a felony or misdemeanor or is not eligible based on the eligibility requirements set forth above. Non-compliance with the foregoing or such Eligible Entrant’s failure to comply with the verification process and/or eligibility requirements, return of prize or prize notification as undeliverable, the inability of Sponsor to contact a potential Winner within a reasonable time period, the applicable potential Winner may be disqualified and, at Sponsor's discretion and time permitting, awarding of prize to a runner-up.
5) One Hundred (100) Prizes:
Each prize consists of a three (3) month TikTok mentorship program starting on February 23, 2021 and taking place on a custom virtual event platform which will consist of career building resources, off-line tasks/assignments with mentorship feedback, opportunities to build community with fellow participants and access to attend events with industry leaders. The mentorship will include six (6) bi-weekly live sessions (starting on February 23, 2021) which will feature prominent industry leaders and will focus on key topics such as personal branding, building relationships and strengthening their business knowledge as creators. There is no retail value associated with the prize. The participation of any industry leader in connection with this prize is subject to his/her availability and is subject to cancellation. If any industry leader is unable to participate in the prize fulfillment, Sponsor will make commercially reasonable efforts to replace such person with another industry leader guest. No compensation will be paid to any winner in lieu of a cancelled industry leader participation as this prize has no cash value. Certain terms and conditions may apply at the discretion of the Sponsor. All prize details will be determined by Sponsor in its discretion. All prizes are awarded “as is” without any warranty or guarantee, either expressed or implied by Sponsor. Costs and expenses associated with the acceptance and use of the prize not specified herein as being awarded, including, but not limited to, all federal, state and local taxes, are winners' sole responsibility.
No transfer, assignment, cash redemption, or substitution of a prize (or portion thereof) is permitted except by Sponsor who reserves the right to substitute a prize (or applicable portion thereof) with one of comparable or greater value, at its sole discretion, except as otherwise provided herein. By participating, Eligible Entrants agree to abide by these Official Rules and the decisions of the Sponsor and judges, which shall be final and binding. Eligible Entrants, by entering, agree that 1) Sponsor and its designees may use (unless prohibited by law), Eligible Entrant’s name, city and state of residence, Submission (and all material embodied therein), any written content, photographs, social profiles, any recordings (voice, video or film) and/or other likeness for advertising, trade and/or any other purposes in any media now or hereafter known throughout the world, in perpetuity, without further compensation, permission or notification, and 2) the Released Parties shall have no liability and will be held harmless by Eligible Entrant for any claim, action, liability, loss, injury or damages of any kind, including death, to persons, or property due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of a prize and any activity or travel related thereto (including, but not limited to, attendance and/or participation in the activities related to the mentorship program), participation in this Contest, or use of any Submission. Eligible Entrants warrant and represent that (1) Sponsor and its designees shall own the Submission (and all elements embodied therein); (2) that by entering, the Eligible Entrant irrevocably assigns to Sponsor and its designees any and all rights, title and interest in the Submission including, but not limited to, all intellectual property rights; and (3) that Sponsor and its designees shall have, without limitation, the perpetual worldwide right to edit, adapt, modify, publish, reproduce, exploit and use the Submission in any way and in any media for trade, advertising, promotional and/or other purposes as Sponsor and/or its designees may determine without further consideration, notification or permission of Eligible Entrants. Eligible Entrants understand and acknowledge that: i) Sponsor and Released Parties have wide access to ideas, stories, designs, and other literary materials, and new ideas are constantly being submitted to them or being developed by their own employees; ii) many ideas or stories may be competitive with, similar to, or identical to content in the Submission and/or each other in theme, idea or other respects; iii) Eligible Entrants will not be entitled to any compensation as a result of use of any such similar or identical material that has or may come to Sponsor or Released Parties, from other sources. Sponsor reserves the right, in its sole discretion, to modify, suspend, and/or terminate this Contest (or portion thereof) for any reason, including but not limited to, should virus, worms, bugs, non-authorized human intervention or other causes, including, but not limited to, acts or threats of terrorism, war, strikes, and/or acts of God, epidemic or pandemic corrupt or impair the administration, security, fairness or proper play of the Contest and, in the case of termination, at its discretion, select winners from all eligible non-suspect Submissions received prior to the event requiring such termination using the judging procedure outlined above. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH PERSON(S) FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
7) Limitations of Liability:
Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of Submissions, the announcement of the prize, the incorrect uploading of the video or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Contest or downloading materials from or use of the Site. Released Parties are not responsible, and shall be held harmless by the responsible Eligible Entrant, for any third-party claims related to Eligible Entrant’s failure to abide by the terms, requirements, and obligations in these Official Rules. Persons who tamper with or abuse any aspect of the Contest or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Submissions will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Submissions, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winner from all eligible, non-suspect Entries received prior to action taken using the judging procedure outlined above.
Except where prohibited by law, as a condition of participating in this Contest, Eligible Entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the Eligible Entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and Eligible Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with participating in this Contest), and participant further waives all rights to have damages multiplied or increased.
9) Choice of Law:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of California, USA.
10) Winners List:
For the names of the winners, visit https://winners.teamdigital.com/tiktok no later than April 16, 2021.
TikTok Inc., 5800 Bristol Parkway, Suite 100, Culver City, CA 90230.
teamDigital Promotions, Inc., Bethel, CT 06801 www.teamdigital.com.