Terms of Use
TANGOCHAMPS® Online contests Terms and Conditions
Updated 5/13/2020
Part 1
TangoChamps (the “Program”) is a United States online program, featuring dancers, and other performers of all ages competing to win prizes. By participating in this online contest (the “Online Contest”) and submitting an online video (“Video”) for consideration TangoChamps (“Producer”) in connection with the Program, the Act (as defined below) acknowledges that it has read, understand and voluntarily agree to abide by these Online Contest and Video Submission Terms and Conditions (the “Terms and Conditions”) in their entirety. The effective date of these Terms and Conditions (the “Effective Date”) shall be the date on which the Act submits its Video.
Prior to submitting an Video, please be sure the making of your Video is in accordance with your local government’s regulations and restrictions relating to the COVID-19 pandemic and any other local health and safety regulations. Additionally, please confirm that each individual member of the Act meets the Eligibility Requirements in Section A below. In addition, please ensure that the Act’s Video meets the Video Submission Requirements in Section B below.
Videos will stop being accepted on a date to be determined in the sole discretion of Producer (the “Video Submission Period”). No Videos will be accepted after 11:59 p.m. ET on the close of the Video Submission Period.
As used herein, “User” will refer to the individual who completes the data fields on the Competition Website and uploads the Video. User must be at least eighteen (18) years of age and, if registering on behalf of a person under eighteen years of age (each a “Minor”), must be authorized to act on behalf of such person (i.e., a parent or guardian).
- Eligibility Requirements.
- Participants to an “Act” may include: 1) a participants performing in a couple; or 2) multiple participants who perform together. Any participant in an Act that is under the age of eighteen (18) as of the date of submission must have his or her parent or legal guardian’s permission to participate in the Online Competition.
- If the Act is made up of Minor(s) as of the date of submission, the Act MUST have a parent or legal guardian submit the Act’s Audition Video on the Act’s behalf. This of-age parent/legal guardian will register as the User, and may be asked to show proof that s/he is the parent or legal guardian or at least one member of the Act and authorized to bind the Act to the terms of these Terms and Conditions. If at least one (1) member of the Act is eighteen (18) years of age, the Act may designate that individual as the User, who will be asked to verify his/her age and confirm that s/he can bind all members of the Act.
- Producer reserves the right to remove from the Program any person (including any member of the Act) Producer determines, in Producer’s sole discretion, is sufficiently connected with the Program or Producer, TangoBrain Inc, or their respective parents, subsidiaries or affiliated companies, or any of their respective licensees, successors or assigns; or any other person or entity connected with the production, administration or judging of the auditions or the Program; any television station or channel, cable network, or satellite network that may air or otherwise exhibit the Program or any variation thereof; any person or entity involved in the development, production, distribution, or other exploitation of the Program or any variation thereof; any sponsor of the Program or its or their advertising agency; or any person or entity supplying services or prizes to the Program, such that such person’s participation in the Program could create the appearance of impropriety. Conversely, Producer reserves the right to allow any person to remain part of the Program who may have a connection with the Program or any of the Producer Entities if, in Producer’s sole discretion, Producer determines that such person’s involvement in the Program does not and will not affect the integrity of the Program.
- Video Submission Requirements.
- General Requirements.
(a) The Act may submit ONLY ONE Video per round.
(b) Videos should be submitted by email using wetransfer service if necessary to: [email protected]. Videos will NOT be accepted after 11:59 p.m. ET on the close of the Video Submission Period.
(c) The Act’s Video must be sent after completing the registration form available for each competition at the TangoChamps website by a registered participant to the Online Competition, who is at least eighteen (18) years old, and who has the authority to act on behalf of the other participants in the Act. If all the participants in an Act are minors in their state of residence, then the Act’s Video must be sent by a parent or legal guardian of a participant in the Act who has the authority to act on behalf of the other participants in the Act.
(d) The Act’s Video must comply with the requirements of this Section B. Any Video that, in Producer’s discretion, does not comply with the requirements of this Section B may be disqualified.
(e) By submitting a video the Act accepts these Terms and Conditions.
(f) Producer reserves the right to determine, in its sole discretion, the eligibility of each Act’s Video. ELIGIBLE PARTICIPANTS MUST SUBMIT THE VIDEOS IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.
(g) The Act’s conduct on the Online Competition Website shall also be governed by https://tangochamps.com/terms-of-use/ (“Tangochamps Terms of use”).
(h) Producer reserves the right in its sole discretion to modify or change the eligibility requirements or submission requirements hereunder from time to time and such modifications will be effective upon posting to the Online Competition Website.
Part 2: Video Content
(a) Videos must conform to the requirements of these Terms and Conditions, (b) Video should be no greater than (6) minutes unless otherwise authorized. The Act should include a short introduction (no more than thirty (30) seconds) stating the name of the Act, age(s) of members, where the Act is from, and any other information the Act would like to convey.
(c) Videos must NOT contain material which is sexually explicit, obscene, pornographic, violent (for example, relating to murder, weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, national origin, physical disability, sexual orientation or age), illegal (for example, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane or harassing.
- Judging. Videos submitted for consideration in this Online Competition will be judged according to the same parameters as other videos for the Program. If the Act is selected to progress in the competition, the Act will be required to provide more videos compliant to these terms and conditions.
- Disqualifications: Producer reserves the right to disqualify and/or exclude, in its sole and absolute discretion, any individual of the competition for any reason or for no reason at all, including without limitation, violation of any portion of these Terms and Conditions, or tampering with the entry process or the competition process. Producer also reserves the right to change these Terms and Conditions at any time, with or without notice. Being chosen to compete at any level in the process does NOT ensure that the Act will be selected to continue to the next stage of the competition process.
- License. The Act shall retain all ownership rights in the Act’s Videos. By submitting the Videos, the Act hereby grant to Producer, in perpetuity, a non-exclusive, royalty-free, sublicenseable and freely transferable license to use, reproduce, distribute, prepare derivative works of, display, adapt, reformat, translate, and otherwise exploit and perform all or any portion of the Video for any purpose whatsoever, throughout the universe, including, without limitation, in connection with (i) the Program, including, without limitation, advertising, marketing, promotion, merchandising and the exploitation of any and all ancillary and subsidiary rights, and redistributing part or all of the Program (and derivative works thereof), and (ii) the business of Producer, applications, interactive television, video on demand and any other media or technology (including, without limitation, Internet protocol, wireless or interactive platforms or interfaces) through which Producer may distribute content to end users, whether now existing or hereafter developed (together, the “Platforms”), in any and all media formats and through any and all media distribution and advertising and promotional purposes, without accounting, notification, credit or other obligation to the Act. For the avoidance of doubt, without limiting the generality of the rights granted to Producer and/or any Producer Entity, these rights include, without limitation, the absolute right to edit and/or alter any Video distribute and synchronize all or any portion of the Act’s Video in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of the Act’s Video; to encrypt, encode and decode, and compress and decompress all or any portion of the Act’s Video; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of the Act’s Video; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of the Act’s Video; and to excerpt and/or extract portions of the Act’s Audition Video in order to host, store, index, categorize and display the Act’s Video on or through the Platforms. Producer has no obligation to to use the Act’s Video in any manner whatsoever.
- Representations and Warranties / Indemnification. The Act represent and warrant as follows: (i) the Act is the copyright owner of the Video, or has the necessary authorization to submit the Video hereunder, (ii) the performance in the Video is the Act’s own original work or has the necessary authorization to use it; (iii) the Video is wholly original with the Act and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (ii) the Video neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; (iii) the Video does not and will not violate any applicable laws, and meets the Video Submission Requirements set forth in Section B above. The Act will, upon request, furnish to Producer any documentation, substantiation, and releases necessary and reasonably required for all copyrighted material, music, identifiable third parties, identifiable locations, and releases from anyone who assisted in the creation of the Video to prove, confirm, verify, and substantiate participant’s compliance with any or all of these Terms and Conditions, including, without limitation, the foregoing representations and warranties. In the event the Act cannot provide all required releases, Producer reserves the right, in its sole discretion, to discard or remove the Act’s Video, or seek to secure the releases and clearances for the benefit of Producer and/or the Producer Entities, or may allow the applicable Video to be utilized. Additionally, the Act represent and warrant that the Act will not acquire any trademark rights, copyrights, or any other rights in the trademarks, trade names, logos or other intellectual property of Producer or any other Producer Entity. Each Producer Entity specifically reserves its respective right to protect its intellectual property against any infringement or other illegal or improper use. The Act agree to indemnify and hold harmless the Producer Entities, and each of them, from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of the Act hereunder.
- Conditions of Participation. This Online Competition is subject to all applicable federal, state, and local laws. The Act hereby: (a) agrees that Producer Entities shall have no liability whatsoever for, and shall be held harmless by the Act against any liability for any injuries, losses or damages of any kind to person(s) (including death) or property resulting in whole or in part, directly or indirectly, as a result of participating in this Online Competition or any related activity; (b) release the Producer Entities and their respective advertising and promotion partners, fulfillment and/or judging agencies, retailers, franchises, agents and their estate and/or family members from all liability, claims, action, or proceedings relating to this Online Competition and from injuries or damages arising in connection with or relating to participation in this Online Competition; and (c) waive any right to claim ambiguity in the Online Competition or these Terms and Conditions. Producer reserve the right to modify these Terms and Conditions, remove suspect Videos, and/or cancel, terminate or suspend any portion of this Online Competiton at any time and for any reason (or no reason at all) in their absolute discretion. Producer reserves the right to disqualify and/or exclude, in its sole and absolute discretion, any individual from any of the videos for any reason or for no reason at all, including without limitation, violation of any portion of the Program rules, violation of any of these Terms and Conditions, or tampering with the entry process or the competition process. Producer also reserves the right to change the Program rules and procedures at any time. Being chosen to compete at any level in the competition does NOT ensure that the Act will be selected to advance to the next stage of the competition process.
- Privacy Policy. Any personal information supplied by the Act to this Online Competition or to Producer will be subject to the privacy policy posted at https://www.tangochamps.com/privacy-policy/. By participating in the Online Competition, the Act grants the Producer Entities permission to share the Act’s email address and any other personally identifiable information with the other Producer Entities for the purpose of this Online Competition and/or the production of the Program.
- Nature of Relationship / Waiver of Equitable Relief. The Act understand and acknowledge that the Producer Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to them or being developed by their own respective employees. The Act acknowledge that many ideas may be competitive with, similar or identical to the Video and/or each other in theme, idea, format or other respects. The Act acknowledge and agree that the Act will not be entitled to any compensation as a result of the use by the Producer Entities of any such similar or identical material. The Act acknowledge and agree that the Producer Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Video. The Act acknowledge that, with respect to any claim by the Act relating to or arising out of the actual or alleged exploitation or use of any Video or other material submitted in connection with the Online Competition by any Producing Entity, the damage, if any, thereby caused to the Act will not be irreparable or otherwise sufficient to entitle the Act to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Video or the Program or any other production based on or allegedly based on the Video or the Program, and the Act’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
- Important: Please Read General Release and Limitations on Liability. By participating in this Online Competition, the Act agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Online Competition, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Online Competition, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will the Act be permitted to obtain any award for, and the Act hereby knowingly and expressly waive all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. The Act acknowledge and agree that the Producer Entities, their agencies, web masters/suppliers, contractors and vendors are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected, or illegible submissions or for failure to receive submissions due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with the Producer Entities or otherwise, that may limit an participant’s ability to participate in this Online Competition; (ii) incorrect or inaccurate information whether caused by Internet users, or by any equipment or programming associated with or utilized in connection with this Online Audition and assume no responsibility for any error, omission, malfunction, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, tampering, or hacking; (iii) any injury or damage resulting from participation in the Online Competition (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the participant’s rights of publicity or privacy); or (iv) any claim by the Act for defamation or portrayal in a false light. Producer Entities assume no responsibility for any damage to the Act’s computer system, which is occasioned by accessing the Online Competition Website, or participating in this Online Competition, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. Producer reserves the right, in its sole discretion, to disqualify any participant that violates the Video Submission Requirements, tampers with the Video process or operation of the Online Competition or acts in an unsportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. If, for any reason, this Online Competition is not capable of operating as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in the sole opinion of Producer, corrupt or affect the administration, security, integrity or proper conduct of this Online Competition, Producer reserves the right, at their absolute discretion, to close the Video Submission Period at any time, cancel, terminate, modify or suspend this Online Competition or take any other action deemed fair and equitable by Producer.
- Governing Law. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE TERMS AND CONDITIONS, OR THE RIGHTS AND OBLIGATIONS OF SUBMITTERS IN CONNECTION WITH THE ONLINE COMPETITION OR IN CONNECTION WITH ANY COMPETITION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE ONLINE COMPETITION, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF FLORIDA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW, RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE TERMS AND CONDITIONS SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE TERMS AND CONDITIONS SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN.
IN NO EVENT WILL THE PRODUCER ENTITIES, THEIR PARENT, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES, WEB MASTERS/SUPPLIERS, VENDORS, CONTRACTORS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE ACT’S PARTICIPATION IN THE ONLINE COMPETITION. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE ACT OR MEMBERS OF THE ACT. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS ONLINE COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE PRODUCER ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.