This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram, or any other social network or platform. You understand that you are providing your information to Contest Entities, and not to Facebook, Twitter, Instagram, or any other social network or platform.
ELIGIBILITY Adobe Creativity Tour – Marshmello “Be Kind” Fan Video Challenge (“Contest”) is open only to natural persons who are legal residents of United States of America, Canada (excluding Quebec), or the United Kingdom who have a valid social security or tax ID number, and who are at least fourteen (14) years old at the time of entry. Proof of parental consent will be required for anyone under the age of sixteen (16). Contest may only be entered from and in eligible jurisdictions. VOID IN PUERTO RICO, U.S. VIRGIN ISLANDS, AND OTHER U.S. TERRITORIES AND POSSESSIONS, AND WHEREVER PROHIBITED OR RESTRICTED BY LAW. Contest Entities, prize providers, and their parent, subsidiary and affiliate companies, employees, agents and suppliers, and the immediate family (spouse, parents, siblings and children) and household members of each such person are not eligible to participate or win any prize. Administrator may request any potential winner to provide proof that such person is the winner. In the event of a dispute as to the identity of an entrant, the authorized account holder of the account will be deemed to be the entrant (“Entrant”). All potential winners are subject to verification before any prize will be awarded. By participating in the Contest, entrant fully and unconditionally agrees and accepts these Official Rules and Administrator’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
SPONSOR The Sponsor of the Contest is Adobe Inc. (“Sponsor”).
ADMINISTRATOR The Administrator of the Contest is Live Nation Worldwide, Inc. (“Administrator” or “Live Nation”).
Sponsor and Administrator are collectively referred to herein as “Contest Entities”.
CONTEST PERIOD The “Entry Period” begins at 9:00 AM PT / 5:00 PM BST on May 6, 2020 and ends at 5:00 PM PT on June 3, 2020 / 1:00 AM BST on June 4, 2020. The “Judging Period” begins 9:00 AM PT / 5:00 PM BST on June 4, 2020 and ends 6:00 PM PT on June 11, 2020 / 2:00 AM BST on June 12, 2020. The Entry Period and Judging Period are collectively referred to herein as “Contest Period” and are described below. Administrator’s computer is the official time keeping device of the Contest.
HOW TO ENTER Visit the Contest page located at https://creativitytour.adobe.com and follow the instructions on the Contest page to enter the Contest. To get started, first select the Marshmello “Be Kind” Fan Video Challenge. Then create an original audio-visual video (“Video”) using the new Marshmello (“Artist”) single “Be Kind” released on May 1, 2020 (“Song”) to represent how kindness is alive in this time of need. Video must be no shorter than fifteen seconds (0:15) and no longer than thirty seconds (0:30) in duration. You will have access to exclusive artwork, graphics and audio from the Song (“Assets”) on the Contest page to download to your mobile device or your computer. Use the Assets to make your Video stand out. Using Adobe Premiere Pro, Adobe Premiere Rush and/or After Effects (collectively, “Apps”), cut together your own footage with the Assets to tell your unique story. You can download the Apps for free on your desktop/laptop (Premiere Pro and/or After Effects) or mobile device (Premiere Rush) by following the steps provided on the Contest page. Winning entries will be cut together to create the official fan video for the track and will be released on the Artist’s official YouTube page.
If you do not have the Apps, follow the instructions to register and download a free 30-day trial of Adobe Premiere Pro and Adobe After Effects, or you may download Adobe Rush from the Apple Apps Store or from Google Play for free. Videos must be created solely within the Apps and cannot be edited with the use of alternate apps from Adobe or other entities. Videos found to utilize alternate apps will be disqualified. You may also download the Song to use in your Video via Dropbox on your computer or mobile device by visiting www.dropbox.com. Download the Dropbox app for free on your mobile device by following the prompts in your mobile browser. Registration for and use of the Dropbox platform are subject to the terms and conditions of Dropbox, and Contest Entities have no responsibility with respect to such registration or use. Contest Entities are not responsible for the functionality of the Dropbox platforms, including changes that may interfere with the Contest or your ability to participate in the Contest.
Once you are happy with your Video, save it to your device and share it as a post to your Instagram Profile or Twitter Timeline, and make sure to tag @adobecreativecloud on Instagram or @creativecloud on Twitter and include the two (2) required hashtags #MarshmelloxAdobe and #Contest from your Instagram or Twitter account (“Entry”). Your Instagram or Twitter account must be set to public at time of Entry and through July 31, 2020. Entries with a private account setting may not be captured.
To submit an Entry, you must be a registered user of Instagram or Twitter. If you do not have an Instagram or Twitter account, visit www.instagram.com or www.twitter.com to register for free. Registration for and use of the Instagram and Twitter platforms are subject to the terms and conditions of each platform, and Contest Entities have no responsibility with respect to such registration or use. Contest Entities are not responsible for the functionality of the Instagram or Twitter platforms, including changes that may interfere with the Contest or your ability to participate in the Contest.
1st Judging Round Period (“Round 1”) begins at 9:00 AM PT / 5:00 PM BST on June 4, 2020 and ends at 6:00 PM PT on June 6, 2020 / 2:00 AM BST on June 7, 2020. Up to one hundred and ten (110) qualifying Entries will be selected.
2nd Judging Round Period (“Round 2”) begins at 9:00 AM PT / 5:00 PM BST on June 8, 2020 and ends at 6:00 PM PT on June 9, 2020 / 2:00 AM BST on June 10, 2020. Top ten (10) qualifying Entries will be selected from the top one hundred and ten (110) Entries selected during Round 1 for the next Judging Round.
3rd and final Judging Round Period (“Round 3”) begins 9:00 AM PT / 5:00 PM BST on June 10, 2020 and ends at 6:00 PM PT on June 11, 2020 / 2:00 AM BST on June 12, 2020. One (1) Grand Prize winner will be selected from ten (10) qualifying Entries.
The top nine (9) remaining Entries that were selected during Round 2, will be the potential second place prize winners.
For all entries You are eligible to submit up to one (1) Entry during the Entry Period, regardless of method or combination of methods of entry or number of entries submitted. Multiple entrants are not permitted to share the same email address or other relevant account. Any attempt by you to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void your entries and you may be disqualified. Use of any repetitive, automatic, programmed or similar technology, system or agent (including without limitation promotion entry services) to enter is prohibited and will void all of your entries. Any automated receipt (such as one confirming delivery of text message or e-mail) does not constitute proof of actual receipt by Administrator of an entry. Contest Entities are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified. All entries become the property of Administrator and none will be acknowledged or returned.
During the Contest Period, qualifying Entries may be posted on https://creativitytour.adobe.com/challenges/be-kind (“Submission Site”) and viewed by the public. Contest Entities shall have the right to immediately remove any and all Entries that violate these rules, in the sole direction of the Contest Entities.
By submitting a Video, you represent that you own or have permission to use the Video. You grant the Contest Entities a perpetual and unlimited right to use, exploit, modify, and otherwise distribute the Video and your name, location, likeness and statements accompanying the Video to promote the Contest Entities without any compensation to you. Contest Entities are not obligated to use, publish, display or broadcast any Video. You warrant and represent that:
You have the consent of each and every identifiable individual person in your Video. In the event you cannot provide all required consents, Contest Entities reserve the right, in their sole discretion, to disqualify your entry or to seek to secure the consents.
Your Video is original to you and does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party or violate applicable laws or regulations.
Your Video shall not contain material that: • is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party's intellectual property or other rights • could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol, cigarettes, and vaporizing pens), or characterizes violence as acceptable, glamorous or desirable • harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability • could be considered inappropriate, unsuitable or offensive, as determined by Contest Entities in their sole discretion
You acknowledge and agree that: • your use of the Artist’s name, image, likeness, logo, trademark, record and Song (collectively, “Artist Materials”) shall not portray Artist or the Artist brand in a false, negative or derogatory light. All rights in the Artist Materials (excluding the Song) are the sole property of Artist. All rights not expressly granted hereunder are hereby reserved by Artist. • your use of the Artist Materials shall not dilute the Artist brand or suggest or imply an endorsement of any product or service by the Artist or any of Artist’s entities • your use of the Artist Materials: (i) is for promotional purposes only in connection with the Contest; (ii) shall not be used for any commercial purposes; and (iii) shall only be used in connection with your Entry during the Contest • your participation in the Contest will not create or imply a relationship between you and the Artist, and neither you nor the Artist is the agent or legal representative of the other nor has the right or authority to create any liability, representation, or responsibility whatsoever on the part of the other
PRIZING 1 Grand Prize and 9 Second Place Prizes
One (1) Grand Prize consisting of one (1) Ten Thousand dollar ($10,000) (USD equivalent) check; 20 minute Virtual Meet & Greet via Zoom with the Artist for winner and one (1) friend, on a mutually agreed upon date no later than November 30, 2020; one (1) life size, autographed Artist helmet; one (1) twelve (12) month subscription to Adobe Creative Cloud All Apps; and inclusion of the winning Video in the official fan video for the Song to be released on Artist’s official YouTube page on a future date as determined by Artist and Contest Entities in their sole discretion. Contest Entities are not responsible for authenticity of the Artist helmet and Certificate of Authenticity will not be provided. An unclaimed and/or unused prize element will remain the property of Administrator. Resale of any element of the prize is prohibited. Approximate Retail Value of the Grand Prize is: Eleven Thousand Six Hundred Twenty United States Dollars and No Cents ($11,620.00 USD) Any difference between stated approximate retail value and actual value of prize will not be awarded.
Nine (9) Second Place Prizes each consisting of one (1) Four Hundred dollar ($400) (USD equivalent) check, one (1) autographed Artist poster; one (1) three (3) month subscription to Adobe Creative Cloud All Apps; and inclusion of winning Videos in the official fan video for the Song to be released on Artist's official YouTube page on a future date as determined by Artist and Contest Entities in their sole discretion. Contest Entities are not responsible for authenticity of the poster and Certificate of Authenticity will not be provided. Approximate Retail Value of each Second Place prize is: Five Hundred Eighty-Four United States Dollars ($584.00 USD).
For terms of the Adobe Creative Cloud All Apps subscription, see https://www.adobe.com/creativecloud/plans.html.
For all prizes: Odds of winning a prize depend on the number of eligible entries received during the Contest Period. There will be only one (1) prize per winner. Prize details and availability are subject to change. Lost or stolen prizes will not be replaced. The prize does not include any other item or expense not specifically described in these Official Rules, and any such additional items or expenses are the sole responsibility of winner. Prizes may not be transferred or assigned. Only listed prizes will be awarded, and no other prizing or substitutions will be made. No more than the stated number of prizes will be awarded. In the event that Contest Entities are unable to provide winners with a listed prize, Contest Entities may elect to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. In the event a prize winner and/or winner’s companion(s), if applicable, engage in behavior that (as determined by Contest Entities in their sole and absolute discretion) is inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Contest Entities reserve the right to terminate the applicable prize experience early. Winner agrees to accept the prize “as is”, and hereby acknowledges that Contest Entities have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including express warranties (if any) provided exclusively by a prize supplier that are sent along with the prize. The valuation of any prize stated is based on available information provided to Administrator. The value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes. Each winner must provide Administrator with a valid W9, W8-BEN or other equivalent tax form before any prize will be awarded. A Form 1099, 1042S or other equivalent tax form will be issued to the winner for value of prize $600 or more.
SELECTION AND VERIFICATION OF POTENTIAL WINNERS All eligible Entries will be reviewed and judged by a qualified Live Nation design professional during Round 1. The Live Nation design professional will select up to one hundred and ten (110) top rated qualifying Entries from all eligible Entries. All Entries selected during Round 1 will advance into Round 2 and will be judged by qualified Sponsor judges, who will select the top ten (10) qualifying Entries for the next Judging Round. The top ten (10) qualifying Entries from Round 2 will advance into the 3rd and final Judging Round and will be judged by a qualified Artist judge. The Entry that receives the highest overall score will be selected as the potential Grand Prize winner. The remaining top nine (9) Entries that were selected during Round 2 will be selected as the potential Second Place Prize winners.
All eligible Entries will be given a rating from 1 (not good) to 25 (exceptional), based on:
i) Originality & Theme Relevance (50%); and ii) Creativity & Artistic Expression (50%)
In the event of tie, Adobe and Live Nation judges will make the final decision in the selection of the Grand Prize winner based on who was the most creative in the Contest, at their sole discretion.
Contest Entities shall contact potential winners via direct message on Instagram or Twitter on or around July 20, 2020. Direct message will come from Adobe Creative Cloud @adobecreativecloud. Selected Entrants must respond to Contest Entities within seventy-two (72) hours of notification or attempted notification by Contest Entities. If an Entrant’s notification is undeliverable or in the event of non-compliance with any of the Promotion rules, the applicable prize shall be forfeited, or in the event the selected Entrant declines the prize, the Entrant who received the next highest overall score during the Judging Period may be selected at Contest Entities' discretion.
Administrator’s decisions as to the administration and operation of the Contest and the selection of potential winners are final and binding in all matters related to the Contest. Administrator reserves the right to disqualify any entrant or winner and may refuse to award any prize to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the Contest, or obtained winner status using fraudulent means.
All potential winners are subject to verification by Administrator. Administrator will not accept screen shots or other evidence of winning in lieu of its validation process. Potential winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Each potential prize winner will be required to sign and return an Affidavit of Eligibility, Liability and Publicity Release and a valid W9, W8-BEN or other equivalent tax form, which must be received by Administrator in order to claim and receive a prize. If a winner is a minor in his or her state or province of residency, the affidavit and release must also be executed by the winner’s parent or legal guardian. If a potential winner cannot be contacted, fails to sign and return the affidavit, release and tax form within the required time period, declines the prize or prize is returned as undeliverable, such potential winner forfeits the prize. In the event that a potential winner is disqualified for any reason, Administrator will award the corresponding prize to an alternate winner by selecting the Entrant with the next highest score. All alternate potential winners are subject to all requirements set forth in these Official Rules. Up to three (3) alternate winners will be selected, after which the prize will remain un-awarded.
Potential winners are restricted from any communication (e.g., announcing, telling any other person, or posting online via website, blog or any social media platform) stating that they have been contacted or are a potential winner or winner until Administrator has fully verified eligibility and Administrator has notified potential winner in writing that he or she has been approved to communicate winner status. Any violation of the foregoing sentence may disqualify such potential winner from receiving any potential prize(s).
PUBLICITY Except where prohibited by law, participation in the Contest constitutes your consent to Contest Entities to use your name, social media identity, likeness, photograph, voice, opinions, hometown, state and Entry (including your Video) for promotional purposes in any media, worldwide, in perpetuity, without further payment or consideration.
ERRORS AND UNAUTHORIZED ACTIVITIES In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including without limitation, fraud, virus or other technical problem, or any other reason beyond the control of Contest Entities, Administrator 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) cancel or terminate the Contest and, if feasible, award the prizes in a random drawing from among all eligible entries received up to the time of the impairment. Administrator 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 the Official Rules of this or any other promotion, 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 criminal and civil law, and, should such an attempt be made, Contest Entities reserve the right to seek damages from any such person to the fullest extent permitted by law. Administrator’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
RELEASE Except where prohibited, by participating in the Contest, you agree to release Contest Entities, Artist, prize providers, promotional agencies, franchisees, and each of their respective parent companies, affiliates, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, and employees (collectively, “Released Parties”), from and against any and all liability for any claims, costs, injuries, losses or damages of any kind arising in connection with the Contest, including, without limitation: (a) the unauthorized or illegal access to personally identifiable or sensitive information; (b) acceptance, possession, use, misuse, or nonuse of the prize that may be awarded; (c) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (d) technical and/or communications malfunctions, errors or failures of any kind; (e) unauthorized human intervention in any part of the Contest; (f) technical or human error which may occur in the administration of the Contest or the processing of entries; (g) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Contest or receipt or use or misuse of any prize; (h) if Administrator must cancel or terminate the Contest for any reason; or (i) if any prize cannot be awarded due to circumstances beyond Contest Entities’ reasonable control. You agree that in any cause of action, the Released Parties’ liability shall be limited to the cost of entering and participating in the Contest and in no event shall the Released Parties be liable for attorneys’ fees or other legal costs.
You acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a prize including, without limitation, a prize’s quality, authenticity, or availability.
WINNER’S LIST To obtain a list of the names of winners, mail your request and a self-addressed, stamped envelope, up to sixty (60) days after the close of the Contest, to Adobe Creativity Tour – Marshmello Be Kind Fan Video Challenge WINNERS LIST, C/O Live Nation, 325 N. Maple Drive, Beverly Hills, CA 90210, Attention: Sweeps Dept. Requests received without a self-addressed, stamped envelope will not be fulfilled.
Live Nation is a registered trademark of Live Nation Worldwide, Inc. Adobe, Creative Cloud, and Premiere Pro are registered trademarks of Adobe, Inc. Marshmello is a registered trademark of Marshmello Creative, LLC.