IMPORTANT NOTICE (April 26, 2013): Please note entry extension for Liverpool, Newcastle and Belfast. Dates and cities may be subject to change.
ELIGIBILITY: You must be 18 years of age or older (or at least the age of majority in your jurisdiction of residence to participate in the Keep Moving Promotion (“Promotion”). The Promotion is not open to citizens or residents of Cuba, Iran, North Korea, Sudan, Myanmar/Burma, Syria, Zimbabwe and any other Canadian or U.S. sanctioned country and is void where prohibited by law. This Promotion is in no way sponsored, endorsed, or administered by, or in association with YouTube. You understand that you are providing your information to Research In Motion Limited d/b/a BlackBerry (“BlackBerry”) and not to YouTube.
The Promotion begins at 5:00 p.m. Greenwich Mean Time (“GMT”) on February 19, 2013 and ends at 09.00 a.m. GMT on June 17, 2013 (“Promotion Period”).
HOW TO PARTICIPATE: During the Promotion Period, Alicia Keys (“Alicia Keys” who is also sometimes referred to as the “Ambassador”) will embark on a worldwide concert tour and perform at various cities (each, a “City”). For a list of participating tour dates/times and Cities, visit http://aliciakeys.com/events/. Visit blackberry.com/keepmoving (the “Website”) and follow the directions provided to upload a photo of yourself to the Website that represents you in your city (each photo upload, a “Submission”). Submissions for each City must be received by the dates and times detailed below to be considered. Submissions for any City received after the deadlines listed below will be void.
Tour Cities | Submissions must be posted by 09:00 GMT on: |
March 7th - Seattle | Friday, March 1st, 2013 |
March 13th - San Diego | Wednesday, March 6th, 2013 |
March 20th - Austin, Texas | Monday, March 11th, 2013 |
March 29th - Atlanta | Monday, March 18th, 2013 |
April 5th, 8th & 11th- New York | Monday, March 25th, 2013 |
April 13th - Atlantic City | Monday, April 1st, 2013 |
April 18th - Chicago | Monday, April 8th, 2013 |
May 18th - Liverpool | Monday, May 13th, 2013 |
May 22nd - Dublin | Monday, May 13th, 2013 |
May 30th & 31st- London | Monday, May 20th, 2013 |
June 5th - Cologne | Monday, May 27th, 2013 |
June 12th - Prague | Monday, June 3rd, 2013 |
June 19th - Torino, Italy | Monday, June 10th, 2013 |
June 28th - Lisbon | Monday, June 17th, 2013 |
REQUIREMENTS OF SUBMISSIONS: Submissions may not contain, as determined by BlackBerry, in its sole discretion, any content that:
Submissions must be the original work of the participant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If a Submission contains any material or elements that are not owned by the participant, and/or which are subject to the rights of third parties, the participant is responsible for obtaining, prior to submission of a Submission, any and all releases and consents necessary to permit the use and exhibition of a Submission by BlackBerry in the manner set forth in these Terms & Conditions, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in a Submission. BlackBerry reserves the right to request proof of these permissions in a form acceptable to BlackBerry from any participant at any time. Failure to provide such proof may, if requested, render Submission null and void. By making a Submission, participant warrants and represents that he/she and any persons appearing or who are identifiable in a Submission consent to making the Submission and to its use as otherwise set forth herein.
By making a Submission, participant acknowledges and agrees that BlackBerry may obtain many Submissions in connection with this Promotion and/or other promotions staged and/or promoted by BlackBerry, and that such Submissions may be similar or identical in theme, idea, format or other respects to other Submissions submitted in connection with this Promotion and/or other promotions sponsored by BlackBerry or submitted for other reasons or other materials developed by Ambassador or BlackBerry. Participant waives any and all claims participant 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 participant may be similar to his/her Submission, or that any compensation is due to participant in connection with such Submission or other works used by Ambassador or BlackBerry.
By making a Submission, participant hereby grants permission for his/her Submission to be posted on the Website and other websites selected by BlackBerry. Participant agrees that Released Parties (as defined below) 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.
JUDGING: All eligible Submissions received by BlackBerry for each City will be judged by a panel of qualified judges and the Ambassador based on the following criteria: adherence to Promotion theme (25%), creativity/originality of Submission (50%), and Submission quality (25%) (the “Judging Criteria”). Up to one hundred (100) Submissions for each City with the highest scores will be deemed potential “Award Recipients”. In the event of a tie, an additional, "tie-breaking" judge will determine the Award Recipient(s) for the applicable City(ies) based on the criteria listed herein. BlackBerry reserves the right not to make all awards available if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions for any City.
PARTICIPANT NOTIFICATION: Judges and Ambassador's decisions are final and binding on all matters relating to this Promotion. Participants will be notified by email if their Submission is among the finalists for inclusion in the applicable video project. If notified participant wishes to opt-out and not have their Submission included in the video project, they must respond within 24 hours of email receipt. Replies received later than 24 hours will not be accommodated. For the avoidance of doubt, receipt of this email response does not guarantee inclusion in the video. Award recipients may be required to complete an Affidavit of Eligibility (or Declaration of Compliance), and/or Award Document (unless prohibited by law) provided by BlackBerry, which must be returned within three (3) business days of date/time appearing on email notification. Return of email notification as undeliverable, or noncompliance with these Terms & Conditions will result in disqualification.
AWARDS (up to 100 per City): The opportunity for each Award Recipient’s Submission to be included in an Alicia Keys video project which will be played on stage at the concert for the applicable City. The video project may also be featured on the Website and other BlackBerry websites including, but not limited to BlackBerry’s YouTube channel and in other media or channels, at BlackBerry’s sole discretion. Exact location, length and depiction of a Submission’s placement in video project, Website feature, and YouTube channel (as applicable) to be at the discretion of BlackBerry and Alicia Keys. For the avoidance of doubt, Submissions in Cities with more than 1 concert date (e.g. New York and London) will be combined. Therefore, only 1 video project will be created and played at both concert dates at each of the applicable Cities.
LICENSING OF SUBMISSIONS/GRANT OF RIGHTS: By participating in this Promotion, and to the extent allowed by law, participants (i) grant a worldwide, royalty-free, irrevocable, non-exclusive, sub-licensable (including the right to sublicense to further third parties), unconditional, fully paid-up and transferable license to use his/her first name, last name and create derivative works of all Submissions (whether acceptable or not, regardless of the form they take, and including, without limitation, any and all copyrights, trademarks, contract and licensing rights, moral rights or “droit moral” and other intellectual property and proprietary rights in Submissions) to BlackBerry, (ii) agree that BlackBerry may license and assign all such rights to Ambassador and others (collectively “Licensees”), (iii) grant BlackBerry and Licensees the absolute right and permission to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, transmit, produce, publish, rent, lease, distribute (directly or indirectly through multiple tiers), post, broadcast, publicly perform or display, adapt, exhibit and/or otherwise use or reuse or exploit (without limitation as to when or to the number of times used) and use the content of and elements embodied in the Submissions and the Submissions themselves in perpetuity (except in France, for the duration of rights) in any and all media including but not limited to digital and electronic media, television, cinema, computer, DVD, CD, Competition Site(s), print, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration or compensation to participant or any third party, (iv) shall execute and deliver documents, at BlackBerry’s expense, requested by BlackBerry or as may be necessary to vest in BlackBerry the rights and waivers provided herein, (v) agree that email may satisfy any writing requirement that may apply to the assignment, conveyance, transfer, license, or waiver of any of the aforementioned rights, (vi) waive and release the Released Parties from any and all claims that participants may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to BlackBerry’s exploitation of Submissions without further compensation to participants of any kind, (vii) agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against BlackBerry or Licensees, or any other person, on the grounds that any use of any Submission, or any derivative works, infringe or violate any of participants’ rights therein, and (viii) agree that BlackBerry and Licensees shall have the right and permission to use the name, photograph, testimonial or other likeness or personal exposition of a participant (and/or any edited portion thereof) for promotional, advertising and/or publicity purposes in any media, now or hereafter known throughout the world in perpetuity, without compensation or notice to, or further consent of, any participant to the extent permitted by law. Participants also agree that BlackBerry may have access to, may have created, or may in the future create designs, ideas and concepts that may have familiarities or similarities to his/her Submission, and that he/she will not be entitled to any compensation or right to negotiate with the BlackBerry because of these familiarities or similarities.
LIMITATION OF LIABILITY: Each participant accepts the conditions stated in these Terms & Conditions, agrees to be bound by the decisions of BlackBerry, warrants that he or she is eligible to participate in this Promotion, and agrees, subject to applicable law, to release, indemnify, and hold harmless the Released Parties and each of their parent companies, divisions, subsidiaries, affiliates, advertising, promotion, and public relations agencies, and the respective officers, directors, employees, representatives, and agencies of each from and against any and all claims, losses, liability, and damages of any kind, (including reasonable attorneys’ fees and expenses) asserted against any of them, any injury, damage, death, loss, or accident to person or property, or from the respective participants’ breach of any agreement or warranty associated with the Promotion, including these Terms & Conditions. Any attempt to deliberately damage any website or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and, should such an attempt be made, the Released Parties and each of their Licensees reserve the right to seek any and all remedies available from any such person(s) responsible for any such attempt to the fullest extent permitted by law.
Unless the laws relevant for the domicile of the participant provide otherwise, this Promotion is governed by the laws of the United States, and is subject to all applicable federal, state, and local laws. Any and all legal actions or claims arising in connection with this Promotion must be brought in a court of competent jurisdiction in the United States.
INTERNET: Participants further agree that BlackBerry, their Licensees, and any of their respective parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, agents and employees (collectively, the “Released Parties”), and any Internet access providers are not responsible for the following: (a) electronic transmissions, Submissions that are lost, late, stolen, incomplete, damaged, garbled, destroyed, misdirected or not posted or received by BlackBerry or its agents for any reason; (b) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures and/or human error that may occur in the transmission, receipt or processing of Submissions or related materials, the cancellation or postponement of any concert; or for destruction of or unauthorized access to, or alteration of, Submissions or related material; (c) failed or unavailable hardware, network, software or telephone transmissions, damage to participants’ or any person’s computer and/or its contents related to or resulting from participation in this Promotion, or (d) causes that jeopardize the administration, security, fairness, integrity, or proper conduct of this Promotion; (e) any Submissions submitted in a manner that is not expressly allowed under these Terms & Conditions (all such Submissions will be disqualified); (f) any printing errors in these Terms & Conditions or in any advertisements or correspondence in connection with this Promotion. BlackBerry reserves the right, in its sole discretion, to cancel or suspend this Promotion or any portion herein should virus, bugs, fraud, hacking, or other causes corrupt the administration, security, or proper play of the Promotion. In such cases, notice to this effect will be posted on the Website. If, in BlackBerry 's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion or if technical difficulties compromise the integrity of the Promotion, the BlackBerry reserves the right to void suspect Submissions and/or terminate the Promotion.
PERSONAL DATA: Any Submission or participant information collected during the Promotion shall be used only in a manner consistent with these Terms & Conditions and BlackBerry’s Privacy Policy located at http://us.blackberry.com/legal/privacy-policy.html. Each Participant expressly agrees to the use of his/her personal information for such purpose. The following information will be collected from each participant for the purpose of administering the Promotion, and may also be used by Released Parties and their affiliates to contact participants: first name, last name, and email address. The Released Parties will not sell, share or otherwise disclose information collected in any manner with third parties, other than those parties necessary to fulfill the above purposes, unless participant has given his prior express consent to receive additional information from the Released Parties or a third party. Participants have a right of access to, modification and deletion of their personal data. To exercise such right, an participant may write to BlackBerry’s Privacy Office at privacyoffice@BlackBerry.com (“Data Controller” and “Data Recipient”). Participants, please note that participants’ data will be transferred outside of each eligible country to the United States which do not provide an adequate level of protection according to EU data protection regulations, for the purpose of administering this Promotion. The Released Parties will take all steps reasonably necessary to ensure that participants’ personal information is treated securely and in accordance with BlackBerry’s Privacy Policy and these Terms & Conditions in respect of such transfer, but will not otherwise take steps to ensure compliance with applicable laws in the participants’ country of residence. By participating in the Promotion, participants expressly agree to such transfer.
COUNTRY SPECIFIC NOTICES: If any provision of these Terms & Conditions is invalid under the law, rules or regulations of a particular country, the invalidity of such provision shall not affect the validity of the remaining provision.
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