Emote Royale Contest 

Official Rules
 

The Emote Royale Contest (the "Contest") is subject to these Emote Royale Contest Official Rules (“Official Rules”), which are binding and final on matters relating to the Contest, except as expressly stated otherwise.  No purchase necessary to enter or win. The Contest is sponsored by Epic Games, Inc. (the “Sponsor”).  The Contest is not sponsored, endorsed, or administered by TikTok.

1. How to Enter:

Online submissions only.  Entrants (as defined below) can enter the Contest by uploading a video of yourself performing a dance or gesture to your choice of Sponsor-provided Fortnite emote music (“Emote Music”) to TikTok (“Submission”) during the Contest Period (as defined below).

All Submissions must be a video that is no longer than fifteen (15) seconds in length.  Submissions may be created in TikTok or another application/program and uploaded to TikTok.  Submissions must include the Emote Music, which can be accessed via TikTok or downloaded directly here.  Submissions must be original and cannot include any audio other than the Emote Music.  Submission must have #EmoteRoyaleContest in the title. See Submission Criteria for additional requirements.

2. Eligibility:  The Contest is open worldwide to anyone aged 13 years or older who are valid Fortnite licensees under the Fortnite End User License Agreement (“Entrant”).  Eligible minors must have permission from a parent or legal guardian in order to participate in the Contest.

Employees of Sponsor, its affiliates, Contest supervisors and members of their immediate families, are not eligible to participate or win. 

The Contest is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited. 

3. Contest Period:  The Contest period begins on January 18, 2020 at 12:00 AM Pacific Time (“PT”), and ends on January 24, 2020 at 11:59 PM PT (the “Contest Period”).  Submissions must be received during the Contest Period to be eligible to win.

4. Prizes:  If eligible under these Official Rules, one (1) Entrant will have his or her Submission turned into an in-game emote (the “Winning Entrant”).  In addition, the potential Winning Entrant will be awarded the following:

• One (1) Custom Fortnite Swag Bag, which includes: one (1) NEFF hoodie (Approximate Retail Value (“ARV”): $60.00 USD); one (1) Sprayground crossbody bag (ARV: $40.00 USD); one (1) UNIQLO hoodie (ARV: $30.00 USD); one (1) Jazwares Battle Bus Drone (ARV: $50.00 USD); one (1) Jazwares Glider Drone (ARV: $100.00); one (1) NERF SMG (ARV: $25.00 USD); one (1) Funko Collectible (ARV: $5.00 USD); one (1) Bitty Boomer wireless speaker (ARV: $20.00 USD); one (1) Trends custom lithograph poster (ARV: $10.00 USD); one (1) Dark Fire Xbox Bundle (ARV: $30.00 USD); one (1) Dark Fire PS4 Bundle (ARV: $30.00 USD); and one (1) Jenga: Fortnite Edition (ARV: $20.00 USD). 

• 25,000 v-bucks

Winning Entrant not entitled to any surplus between actual retail value of prize and approximate retail value and any difference between approximate and actual value of the prize will not be awarded.  No substitution, transfer, or cash redemption of prize, or cash for any portion of prize not used, provided however that Sponsor reserves the right to substitute a prize with another prize of equal or greater value (including, but not limited to, v-bucks), should the advertised prize become unavailable for any reason. If Winning Entrant does not want a portion of the prize, that portion is forfeited.  All additional costs, including taxes, are the sole responsibility of Winning Entrant.

5. Submission Criteria: 

• Submissions must be submitted according to the How to Enter section and directly accessible by Sponsor.

• Submissions must include original content only.

• Submissions should not require any additional software to run.

• Submissions may not contain personal attacks on anyone or any discernible product, including competitor products.

• Submissions may not depict nudity, animal cruelty, any illegal activity or substance, or any other offensive or obscene subject matter as determined in Sponsor’s sole discretion.

• Submissions shall not portray Sponsor in a negative light.

• Submissions must be appropriate for a broad audience.

• Submissions may not feature any trademarks (including logos) other than those owned by Sponsor.

• Submissions must be original pieces, achieved/created by the person who submits the entry. Entrants may not copy or otherwise plagiarize Submissions from any source, nor may Submissions include third-party copyrighted material or artwork without the copyright holder’s permission. By entering, you warrant that your Submission does not infringe any third party’s rights, and that you have obtained any necessary permissions from all relevant third parties to submit the Submission.  You hereby agree to indemnify Sponsor against any and all claims from any third party for any use by Sponsor of the Submission.

• Although Sponsor is not reviewing Submissions for copyright violations, if, in the sole discretion of Sponsor, it is believed your Submission constitutes or may constitute copyright infringement, the Submission will be disqualified.

• Sponsor may require verification of Submissions through a procedure solely determined by Sponsor at its sole discretion.

• Sponsor reserves the right to exclude any Submission that it believes, in its sole discretion, doesn't meet this criteria or otherwise violates these Official Rules, and to delete or otherwise remove any such Submission from any and all location(s) under Sponsor’s control.

6. Winner Selection and Notification:  All Submissions will be prescreened to ensure compliance with the Submission Criteria and with Sponsor’s general standards and practices prior to any judging (“Qualified Submissions”).  

All Qualified Submissions will be reviewed and scored by a panel of qualified judges.  At the end of the Contest Period, the highest scoring Qualified Submission received during the Contest Period will be deemed the potential Winning Entrant.

The potential Winning Entrant will be notified via TikTok on or about January 31, 2020.  Upon formal notification from Sponsor, the potential Winning Entrant shall have seventy-two (72) hours from the date such notice was sent to respond.  The date of receipt by Sponsor shall be decisive for the potential Winning Entrant’s compliance with the deadlines set forth in this section.  The failure by such Entrant to timely respond to any notification may result in such Entrant’s disqualification as a potential Winning Entrant, in which case such Entrant shall not be entitled to win any prizes in connection with the Contest.  In such cases, Sponsor may select the next highest scoring entry from among the remaining Qualified Submissions as an alternate potential Winning Entrant.  The potential Winning Entrant may be sent a declaration of eligibility / liability / publicity release (“Release”). Unless restricted by law, the Potential Winning Entrant will be required to complete and return the Release within seventy-two (72) hours of the date the Release is sent.  An alternate potential Winning Entrant may be selected from among the next highest scoring remaining Qualified Submissions if the potential Winning Entrant: (i) cannot be reached; (ii) fails to obtain all signatures on the Release and to return the documents in a timely manner as required pursuant to these Official Rules; or (iii) cannot or will not accept or receive the prize for any reason. 

7. LICENSE:  As a condition of entry, Entrant hereby grants to Sponsor a non-exclusive, perpetual, irrevocable, worldwide, transferable, sublicensable, and royalty free license to use, modify, reproduce, prepare derivative works of, distribute, perform, and display the Submission in any and all media throughout the world and for whatever purpose Sponsor deems.  If Entrant is a Winning Entrant, instead of the license described above, Entrant grants to Sponsor an exclusive, perpetual, irrevocable, worldwide, transferable, sublicensable, and royalty free license to Sponsor to use, modify, reproduce, prepare derivative works of, distribute, perform, and display the Submission in any and all media throughout the world and for whatever purpose Sponsor deems.

ENTRANTS WILL NOT BE SPECIFICALLY PAID FOR THEIR SUBMISSIONS or for granting Sponsor any of these rights.

While Sponsor will seek to post the Submission in the form as provided at the time of entry, all Entrants agree that due to technical limitations and internal standards, Submissions may be altered from their original form and that Sponsor reserves the right to modify the Submission in its sole discretion, including adding its logo or other trademarks.  Sponsor may post Submissions in any order or sequence, with or without commentary, and may select an image to serve as a thumbnail in its sole discretion.

8. Privacy:  The information you provide will be used only in accordance with Sponsor’s privacy policy, located at https://www.epicgames.com/privacypolicy.

9. Publicity:  Sponsor reserves the right to use the name, likeness, and/or account ID of any Entrant, for publicity purposes prior to, during, or after the Contest end date, in any media, throughout the world, in perpetuity, but only in connection with publicizing the Contest, without any compensation or prior review unless specifically prohibited by law.

At any time before, during or after the Contest Period, Sponsor may, in its discretion, choose to post or distribute one or more Submissions, the creator’s name and profile information online (including Facebook pages, Twitter feeds, YouTube channels, and third-party websites) for promotional and entertainment purposes only.  Posting of this/these Submission(s) will not mean that said Submissions are eligible to win or are a Winning Entrant. Entrant understands that users of these sites may share, comment on (including negatively), and re-post their Submissions. Any requests by Entrants to have a Submission removed from consideration will be accommodated to the extent practically possible. Sponsor is not responsible for third party re-posting of Submissions. 

10. General Conditions:  By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of Sponsor and waive any right to claim ambiguity in the Contest or these Official Rules.  Any portion of the Contest may be canceled, suspended and/or modified, in whole or in part, if in our opinion any fraud, technical failure or other factor beyond our control impairs the integrity or proper functioning of the Contest.  Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.  Entrants may not enter with multiple identities or use any automated system, bot or other device or artifice to enter or obtain more than the maximum number of qualified entries. Sponsor reserves the right at its sole discretion to terminate the Contest and, if terminated, at its discretion, select the potential winner(s) from among all eligible, non-suspect entries received prior to action taken. Unclaimed prizes will not be awarded.

Sponsor may withhold tax payments on your behalf in its reasonable discretion, using the applicable backup withholding rates, or if required by law or treaty.  However, you are ultimately responsible for any taxes due in connection with any awarded prize you receive from Sponsor pursuant to your participation in the Contest.  You must provide Sponsor with (a) your banking information, as requested by Sponsor, and (b) a completed W-9, W-8BEN, or W-8BENE tax form, including if necessary your U.S. or foreign Taxpayer Identification Number (TIN), as appropriate based on your circumstances.  Sponsor will not be responsible for any failure to award any prizes in connection with the Contest arising from incomplete, incorrect, or out of date payment or tax information. Please consult your tax advisor if you have questions on the taxability to you in connection with the Contest.  

Any attempt to deliberately damage or undermine the legitimate operation of the Contest may be in violation of criminal and civil laws and will result in disqualification from participation in the Contest.  Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorney fees) to the fullest extent of the law, including criminal prosecution.

11. Limitations of Liability:  Winning Entrants agree to release, discharge, indemnify and hold harmless Sponsor, TikTok and each of their respective officers, directors, employees, representatives and agents (collectively “Releasees”) from and against any claims, damages, disability, attorneys' fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from: (i) use, redemption, acceptance, possession, ownership, or misuse of any prize, (ii) participation in any activity, event, or excursion offered in connection with the prize, (iii) use of any facility, service and/or accommodation related to the prize, or (iv) participation in any Contest-related activity or participation in this Contest.  The Releasees shall not be liable for: (i) late, lost, delayed, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or declarations, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Contest; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Contest. Without limiting the generality of the foregoing, Releasees are not responsible for computer malfunctions, network connections, email delivery problems, systems failure or incompatibility, typographical, technical or keystroke errors, or interruptions in your internet service, and for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen notifications.  

In the event Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Sponsor’s control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Contest.  The invalidity or unenforceability of any provision of these rules 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 rules 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. Sponsor’s failure to enforce any provision in these Official Rules shall not constitute a waiver of that provision.

12. Disputes:  Disputes regarding these Official Rules and/or this Contest will be governed by the internal laws of the State of North Carolina.  Decisions of Sponsor are binding and final. No claimant in any dispute involving Sponsor shall be entitled to claim or obtain indirect, punitive, incidental or consequential damages.

13. Winning Entrant List:  The Winning Entrant list can be obtained through the mail by sending the request and a self-addressed, stamped envelope to: Emote Royale Contest-Winning Entrant List, Epic Games, Inc., 620 Crossroads Blvd, Cary, NC 27518.  Requests must be received no more than ninety (90) days after the end of Contest.

© 2020, Epic Games, Inc. All rights reserved.