Now United’s “Badna Nehlam Dance Challenge” Contest

OFFICIAL RULES

HOW TO SUBMIT YOUR VIDEO:

READ THE FULL CONTEST RULES BELOW TO UNDERSTAND ADDITIONAL RESTRICTIONS, RIGHTS AND OBLIGATIONS IN CONNECTION WITH THE CONTEST

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO INDIVIDUALS WHO ARE (1) AT LEAST 18 YEARS OF AGE OR THE AGE OF THE MAJORITY IN THEIR LOCALE; AND (2) NOT A RESIDENT OF A JURISDICTION UNDER U.S. EXPORT CONTROLS OR SANCTIONS. VOID IN THE PROVINCE OF QUEBEC, CUBA, IRAN, SYRIA, NORTH KOREA, SUDAN, THE REGION OF CRIMEA AND ANY OTHER COUNTRY, STATE, PROVINCE OR TERRITORY WHERE THE LAWS OF THE UNITED STATES OR LOCAL LAW PROHIBITS PARTICIPATING OR RECEIVING A PRIZE IN THE CONTEST.

Please read these rules before entering the Badna Nehlam Dance Challenge Contest (the “Contest”). By posting a submission along with the hashtag #BadnaNehlamDanceChallenge, you acknowledge that you have read and agree to be bound by these Official Rules and the decisions of XIX United LLC (“Sponsor”, “we”, “our” or “us”) and the Contest Judges (defined below), and that you satisfy all eligibility requirements.

ELIGIBILITY: Open to individuals who are (1) at least 18 years of age and (2) not a resident of a jurisdiction under U.S. export controls or sanctions (each, a “Participant” or referred to herein as “you” or “your”). Additionally, Contest is void in the Province of Quebec, Cuba, Iran, Syria, North Korea, Sudan, the region of Crimea and any other country, state, province or territory where the laws of the United States or local law prohibits participating or receiving a prize in the Contest. Participants may not be a party to an exclusive recording contract or be members of any guild, union or other organization, that may prohibit them from participating in this Contest and that would restrict, require dues payment or otherwise have the right to oppose such participant’s participation in this Contest. Directors, officers, employees, interns, and contractors (“Personnel”) of Sponsor, XIX United LLC and any corporate sponsors of the Contest, their respective parents, subsidiaries, affiliates, and their respective advertising, promotion and public relations agencies, representatives, and agents (collectively, “Contest Entities”), immediate families members of such Personnel (parents, siblings, children, spouses, and life partners of each) and members of the households of such Personnel (whether related or not) are ineligible to participate in this Contest. The Contest is governed by U.S. law and is subject to all applicable federal, state, and local laws and regulations.

SUBMISSION PERIOD: The Contest begins at 6:00 a.m. Pacific Time (“PT”) on January 5, 2022 and ends at 5:59 a.m. PT on January 19, 2022 (the “Submission Period”).

HOW TO POST A SUBMISSION: During the Submission Period, log-in to your social media account and record a video of yourself no longer than sixty seconds (:60) in length performing (or performing to) Badna Nehlam and post the video to your public social media account. Your video must include the hashtags #BadnaNehlamDanceChallenge and #Contest to be a valid submission.

Submissions must be posted no later than 5:59 a.m. PT on January 19, 2022 to be considered. If participating via a smartphone device, you must have a data service plan for your smartphone device with your service provider. Standard data rates may apply. See your smartphone device provider for pricing plan details and capabilities.

Only one (1) individual may appear and perform in the video submission. Videos must be no longer than sixty seconds (:60) in length. Limit of one (1) submission per Participant using their own social media account during the Submission Period. If any Participant submits more than one (1) video, the first video submitted will be deemed your submission and any additional videos submitted will be disregarded.

By submitting a video as part of the Contest, Participant hereby grants permission for the submission to be posted on the Now United mobile application and www.NowUnited.com (collectively, “Now United”), other websites or other mobile applications, including third party social media services and agrees that Sponsor may copy, edit, modify, distribute and re-post the submission in its discretion in connection with the Contest. 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 reserve the right to take down any posted submission at any time. Participant further grants to Sponsor and its designees the right to use, display, reproduce and disseminate Participant’s name and likeness as embodied in the Participant’s submission or as displayed in other videos or content on Participant’s social media account for purposes of promoting the Contest and Participant’s participation therein.

The Contest may be sponsored by third party brands and all rights granted herein shall be deemed granted to each such brand sponsor solely for purposes of joint advertising and promotion of the Contest and not as part of any direct commercial endorsement.
REQUIREMENTS OF SUBMISSIONS: Submissions must be (i) responsive to the call-to-action; (ii) in compliance with Sponsor’s Terms of Use and Community Guidelines (which can be viewed here: (iii) original; (iv) may not have been previously published (v) may not have won previous awards; (vi) and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. By submitting a submission, Participant warrants and represents that he/she consents to the submission and use of the submission in the Contest and to its use as otherwise set forth herein. Capitalized terms used herein and not otherwise defined will have the meanings set forth in the Terms of Use and Community Guidelines.

Participant acknowledges and agrees that Sponsor may obtain many submissions in connection with this Contest and/or other promotions staged and/or promoted by the Sponsor, and that such submissions may be similar or identical in style, sound, idea, format or other respects to Participant’s submissions and other submissions made in connection with this Contest and/or other promotions promoted by Sponsor or submitted for other reasons, or to other materials developed by the Sponsor. Participant waives any and all claims that any submission and/or other works accepted, reviewed and/or used may be similar, or that any compensation is due to Participant in connection with such submission or other works used by Sponsor.

SUBMISSION JUDGING PERIOD: At the conclusion of the Submission Period, all eligible submissions received by Sponsor will be reviewed and the semi-finalists will be judged by Simon Fuller and a panel of qualified judges designated by Sponsor (collectively, the “Contest Judges”) based on the following criteria: Production Quality; On Camera Presence and Performance; and Creativity/Originality. The two (2) submissions with the highest scores will be deemed potential finalists. In the event of a tie, an additional, “tie-breaking” judge will determine the finalist(s) based on the criteria listed herein. Sponsor reserves the right to select fewer than two (2) finalists if, in its sole discretion, it does not receive a sufficient number of eligible and qualified submissions.

FINALIST NOTIFICATION: Potential finalists will be notified via direct message, comments, phone and/or email on within thirty (30) days following the end of the Submission Period. If Participant is notified that Participant is a potential finalist, Participant will be asked to participate in an on-camera segment (the “Final Round Segment”) where Participant will interact with the Contest Judges and members of Now United to get a feel for Participant’s demeanor, attitude, engagement and other related qualities, which segment will be made available via the Contest account (or such other account(s) designated by Sponsor). Each Participant who is selected as a potential finalist hereby grants to Sponsor and its designees the royalty-free right and license, throughout the world, to reproduce, display and exhibit the Participant’s initial video submission (hereinafter referred to as a “Finalist Video”) on the Services and Sponsor’s and its designees’ third party social media channels in connection with this final round of the Contest and Participant’s participation therein If a potential finalist cannot be reached, or in the event of noncompliance within the above stated Finalist Documents time period, with these Official Rules, or if prize notification is returned as undeliverable, such potential finalist will be disqualified and, at Sponsor’s sole discretion, a runner-up finalist may be notified.

PRIZES (2): Each winner (a “Winner”) will win an in person meeting with Now United. Round trip airline ticket, hotel accommodation and transportation will be provided.

No substitution, assignment, cash equivalent or transfer of prizes is permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of comparable or greater value, at its sole discretion. All prize details are at the sole discretion of the Sponsor.

TAXES AND EXPENSES: Each winner will be responsible for paying all costs and expenses related to the prize that are not specifically mentioned, including, but not limited to, taxes, and any other expenses that might reasonably be incurred by the winner in receiving or using the prize. Each winner may be required to submit to Sponsor his/her social security number or taxpayer ID number and W-8BEN, or other such tax filing information required by Sponsor in order to claim the prize. All prizes awarded will be inclusive of any taxes Sponsor is required by law to withhold as well as applicable sales, use, gross receipts, goods and service, or similar transaction based taxes. All other taxes, costs and expenses associated with acceptance and use of any prize not specified in these Official Rules as being provided are the sole responsibility of the winner. IF TAXES ARE APPLICABLE TO THE PRIZES, IT IS THE RESPONSIBILITY OF THE WINNER TO PAY TO THE APPROPRIATE AUTHORITIES. PAYMENTS TO CONTEST WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THE WINNER SUBMIT TO SPONSOR ALL DOCUMENTATION REQUESTED BY SPONSOR TO PERMIT COMPLIANCE WITH ALL APPLICABLE STATE, FEDERAL, LOCAL AND FOREIGN (INCLUDING PROVINCIAL) TAX REPORTING AND WITHHOLDING REQUIREMENTS. Contest winners are responsible for ensuring that the tax documentation submitted to Sponsor complies with all applicable tax laws and requirements.

INTELLECTUAL PROPERTY: For the avoidance of doubt as between Sponsor and Participants, all Submissions created by Participants will remain the property of the Participant except to the extent a Participant incorporated elements in their Submission owned by Sponsor, but Sponsor and its designees will have the rights to use the Submissions described below. By submitting a Submission in this Contest, each Participant warrants and represents that he or she owns, or otherwise has the right to use, all of the intellectual and industrial property rights in and to the Submission. Further, each Participant hereby grants Sponsor and its affiliates a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to (i) use, review, assess, test and otherwise analyze your Submission in connection with this Contest, and (ii) feature your Submission and all content contained therein in connection with the marketing or promotion of this Contest.

Except where prohibited, each prize winner further consents (and agrees to sign any additional documents required by Sponsor to formalize, effect or perfect such consent) to Contest Entities’ use of Submissions as specified herein and the use of any Participant names, likeness (photograph), biographical information, and voice in advertising/publicity/trade (including local and/or national television stations or print publications that may be covering any element of this Contest) worldwide without compensation, notice or approval, and prize winner disclaims any ownership rights to the content of such advertising/publicity/trade material.

USE OF SUBMISSION, PERSONAL DATA, WAIVER, RELEASE, AND LIMITATION OF LIABILITY: Contest Entities and their Personnel will not enter into any correspondence, including email, with non-winning Participants relating to such Participants’ participation in the Contest. Sponsor reserves the right, in its sole discretion, to disqualify any individual found tampering with the Submission process or Submission materials or otherwise interfering with the proper administration of the Contest or violating these Official Rules.

EACH PARTICIPANT ACCEPTS THE CONDITIONS STATED IN THESE OFFICIAL RULES, AGREES TO BE BOUND BY THE DECISIONS OF THE SPONSOR, WARRANTS THAT HE OR SHE IS ELIGIBLE TO PARTICIPATE IN THIS CONTEST, AND AGREES TO RELEASE, INDEMNIFY, AND HOLD HARMLESS CONTEST ENTITIES AND THE PERSONNEL 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, INCURRED OR SUSTAINED IN CONNECTION WITH OR ARISING OUT OF PARTICIPANT’S PARTICIPATION IN THIS CONTEST, USE OF ANY SUBMISSION OR RIGHTS THEREIN OR ANY TRAVEL OR ACTIVITY RELATED THERETO, BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CONTEST, INCLUDING THESE OFFICIAL RULES. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE CONTEST ENTITIES 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.

Each Participant hereby acknowledges and agrees that the relationship between themselves and the Contest Entities is not a confidential, fiduciary, or other special relationship, and that the Participant’s decision to provide the Submission to Sponsor for purposes of the Contest does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the Submission, other than as set forth in these Official Rules. Each Participant understands and acknowledges that the Contest Entities have wide access to Submissions, technology, designs, and other materials, and that new ideas are constantly being submitted to them or being developed by their own employees. Each Participant also acknowledges that many ideas may be competitive with, similar to, or identical to the Submission in theme, idea, format, or other respects. Each Participant acknowledges and agrees that such Participant will not be entitled to any compensation as a result of Contest Entities' use of any such similar or identical material that has or may come to Contest Entities, or any of them, from other sources. Participants acknowledge that other Participants may have created ideas and concepts contained in their Submission design that may have familiarities or similarities to their Submission design, and that they will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities. Participants also acknowledge that the Contest Entities will not restrict work assignments or representatives who have had access to your Submissions. By entering this Contest, Participants agree that use of information in the Contest Entities’ representatives’ unaided memories in the development or deployment of Contest Entities’ products or services does not create liability for Contest Entities under these Official Rules or copyright or trade secret law.

Participants further agree that the Contest Entities are not responsible for the following: (a) electronic transmissions, Submissions or notifications that are lost, late, stolen, incomplete, damaged, garbled, destroyed, misdirected or not received by Sponsor or their 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, shipping errors or delays, receipt or processing of Submissions or related materials; 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 Contest; (d) causes that jeopardize the administration, security, fairness, integrity, or proper conduct of this Contest; (e) any Submissions posted in a manner that is not expressly allowed under these Official Rules (all such Submissions will be disqualified); or (f) any printing errors in these Official Rules or in any advertisements or correspondence in connection with this Contest or judging. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by non-authorized human intervention or other causes including but not limited to war, strikes, health crisis, epidemic, pandemic, civil disturbances, work stoppage, and/or acts of God, which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or posting of submissions, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, determine the potential finalists and/or winners using the judging criteria above from all eligible, non-suspect submissions received prior to action taken or as otherwise deemed fair and appropriate by Sponsor..

GENERAL CONDITIONS: By participating, each Participant fully and unconditionally agrees to and accept these Official Rules and the decisions of Sponsor and Contest Judges, which are final and binding in all matters related to the Contest. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the submission process or the operation of the Contest or to be acting in violation of these Official Rules, or in an unsportsmanlike or disruptive manner and void all associated submissions. Entrants agree to release and hold harmless Sponsor, ByteDance Ltd., Simon Fuller, XIX Entertainment LP, each of the Contest Judges and all of the foregoing parties’ respective parent companies, affiliates, subsidiaries, divisions, suppliers, distributors, retailers, and advertising and promotion agencies, and all of their respective officers, directors, shareholders, employees, and agents (collectively, “Released Parties”) from any claims, actions, injury, liability, loss or damage of any kind resulting from participating in this Contest or from the acceptance or use of any prize awarded.

LIMITATIONS OF LIABILITY: Released Parties are not responsible for: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the submission process of the Contest; (iv) late, lost, stolen, undelivered, misdirected, delayed, inaccurate, garbled or incomplete submissions, videos, or registrations, the tabulation of votes or for any electronic, computer, printing, typographical, human or other error relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the processing of submissions, videos, registrations, votes, the announcement of the prizes, or in any Contest-related materials (including these Official Rules); or (v) any injury or damage to persons or property, including but not limited to Participant’s computer, hardware, or software, which injury or damage may be caused, directly or indirectly, in whole or in part, from Participant's participation in the Contest. Sponsor reserves the right to cancel or modify the Contest if bugs, virus, fraud, technical failures or any other factor impairs the integrity, administration or proper play of the Contest, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes using the judging procedure outlined above from among all eligible, non-suspect submissions received up to the time of the impairment.

CHOICE OF LAW: The Contest and all accompanying materials are copyright ©2021 by XIX United LLC All rights reserved. By entering, participants agree to be bound by these rules. No transfer, assignment, cash redemption or substitution of prizes is permitted except by Sponsor due to prize availability and then with prizes of equal or greater value. Participants agree (for themselves and their heirs) that the Released Parties will have no liability, and will be held harmless by such participants to the maximum extent permitted by law for any liability, loss, injury, or damage to property or to person, including death, and reasonable attorney’s fees and court costs, due in whole or in part, directly or indirectly, by reason of participation in the Contest, or by reason of the acceptance, possession, use or misuse of the prizes, even if caused or contributed to by the negligence of any of the Released Parties. Contest is governed by the laws of the United States and the State of California, USA. As a condition of participating in this Contest, participants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Los Angeles County, California, USA having jurisdiction. Further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and hereby waive all rights to claim, punitive, incidental or consequential damages, including attorneys' fees, other than participant’s actual out-of-pocket expenses (e.g., costs associated with entering), and participant further waives all rights to have damages multiplied or increased. Participants agree that the decisions of Sponsor and the Contest Judges are final. By participating in the Contest, participants consent to the use of their names, biographical information, Submissions, images and/or likenesses in any manner and in any medium for any purpose in connection with the Contest, including worldwide, without additional compensation, except where prohibited by law.

SPONSOR: XIX United LLC, 9000 W. Sunset Blvd. PH West Hollywood CA 90069 19974911.3 235808-10001