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    SMIRNOFF NIGHTLIFE EXCHANGE PROJECT DANCE CONTEST 2011 TERMS AND CONDITIONS NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. MUST BE 21 YEARS OF AGE OR OLDER TO ENTER. VOID IN CALIFORNIA IN THE USA AND WHEREVER ELSE PROHIBITED OR RESTRICTED BY LAW. These terms and conditions apply to persons ("you", "your", or "entrant") entering the SMIRNOFF Nightlife Exchange Project Dance Contest 2011 (the "Contest"). The Promoter of the Contest is Diageo Americas, Inc. with its principal place of business at 801 Main Avenue, Norwalk, Connecticut, 06851-1127, USA. All references to 'our', 'us', 'we' or 'company' refer to the Promoter, its subsidiaries, affiliates and associates. By entering this Contest, you will be deemed to have accepted these terms and conditions available at www.youtube.com/smirnoff and www.smirnoff.com, the YouTube terms and conditions available at www.youtube.com and the terms and conditions applicable to www.facebook.com/smirnoff. Failure to abide by any of these terms and conditions will disqualify you from taking part in the Contest and your entry will be deemed invalid. 1. Eligibility to enter the Contest 1.1 The Contest is open only to legal residents of the following countries: Argentina, Australia, Belgium, Bulgaria, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, Great Britain, Germany, Ireland, Jamaica, Mexico, Netherlands, Panama, Paraguay, Poland, South Korea, Uruguay and the USA. Up to ten additional countries may be added by the Promoter during the course of the Contest, by no later than 8 September 2011. 1.2 The Contest is open only to entrants who are at least 21 years old at time of entry. 1.3 The Contest is not open to (i) employees (and their immediate families (spouse, parent, child or sibling) and household members) of the Promoter, Live Nation, Boy Toy Inc, Google and/or YouTube or their affiliates, subsidiaries, agencies or advisors; (ii) alcohol beverage suppliers, importers, wholesalers, distributors or retailers; and (iii) anyone else involved in the creation or administration of the Contest, or their immediate families or household members. For USA entrants, all federal, state and local laws apply. 2. How to enter the Contest 2.1 Entry to the Contest will be open from 10:00am Eastern Standard Time (which is the time zone for New York and Florida, USA) on 17 August 2011 in Great Britain, Australia, Germany, Argentina, Ireland, the USA, the Netherlands and Mexico, and from 10:00am EST on 22 August 2011 in Belgium, Bulgaria, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, Jamaica, Panama, Paraguay, Poland, South Korea and Uruguay, until 11:59:59 p.m. Eastern Standard Time on 10 October 2011. In countries added to the contest pursuant to clause 1.1 after the commencement date, entry will commence on the dates and at the times notified by the Promoter for each country and will close at 11:59:59 p.m. Eastern Standard Time on 10 October 2011. 2.2 No purchase is necessary in order to enter the Contest, and a purchase will not improve your chance of winning. 2.3 To enter the Contest, entrants will need to go to www.smirnoff.com or www.youtube.com/smirnoff, or such other on-line entry points as the Promoter may publicise. Entrants will need to create an online profile and upload a video of maximum one (1) minute in duration featuring the entrant dancing to music provided by the Promoter and which the entrant will be able to download from www.smirnoff.com. Please note that entry via www.youtube.com/smirnoff is only open to residents of certain countries; if entry is not available through that mechanism, the entrant must enter through www.smirnoff.com. 2.4 Videos must include a fifteen (15) second spoken introduction by the entrant saying the entrant's name, what country the entrant is from, and describing the entrant's unique dancing style and flair. 2.5 All video entries must be uploaded no later than 11:59:59 p.m. Eastern Standard Time (which is the time zone for New York and Florida, USA) on 10 October 2011. 2.6 Uploaded videos will appear on www.smirnoff.com, the Smirnoff page of YouTube in countries where YouTube is available at www.youtube.com/smirnoff, and at www.facebook.com/smirnoff. 2.7 You must not endanger yourself or others, or take any unnecessary risks in order to produce or make a video to be submitted to the Contest. 2.8 All video files must be optimised for YouTube in accordance with the specifications located at www.google.com/support/youtube/bin/answer.py?answer=132460. 2.9 The video submitted must be taken solely by the entrant. The entrant is solely responsible for any expenses incurred in the creation or submitting of the video. 2.10 All video files submitted must not feature anyone other than the entrant. 2.11 Videos must not be accompanied by a backing track or any other music, live or recorded other than the music provided by the Promoter as described above. 2.12 Only one entry is permitted per person. 2.13 Entries must be made by the authorized account holder of the email address submitted with their name, age and contact details on the application at the time of entry. In the event of a dispute, on-line entries will be deemed made by the authorized account holder of the e-mail address submitted at time of entry. The authorized account holder is the natural person who is assigned to the e-mail address by an internet access provider, on-line service, or other organization that is responsible for assigning e-mail addresses. 2.14 By entering the Contest and submitting any content whether written, pictorial or in video form, the entrant hereby warrants that he/she owns all rights in such material. Entrant represents and warrants that his/her video and any other content is the sole and original creation of the entrant and has not been copied in whole or in part from any other work. The Promoter will not be responsible for the content of any material submitted by the entrant and the entrant accepts that (i) he/she will be responsible for ensuring that any material submitted does not infringe any third party rights and (ii) he/she will be liable for any claims, losses, fines, penalties, costs or damages suffered or incurred as a result of any such infringement. 2.15 FOR ENTRIES SUBMITTED VIA WWW.SMIRNOFF.COM: If you have submitted your entry via the website www.smirnoff.com, to the extent permitted by law you hereby exclusively and irrevocably assign to the Promoter with full legal and beneficial ownership all intellectual property rights in your entry and in any content whether written, pictorial or in video form which you submit as part of your entry. Such assignment shall be worldwide and royalty-free, without any restriction or limitation in time. If this assignment is, for any reason, not effective under these Terms and Conditions:- (i) you hereby agree that you will enter into such an assignment as and when requested by the Promoter on the terms requested by the Promoter (failure to execute any such assignment will result in you being disqualified from the Contest); and (ii) until such rights are assigned to the Promoter, you hereby grant to the Promoter, its group companies, contractors, agents and collaborators an exclusive, irrevocable, perpetual, worldwide, royalty-free licence in respect of all intellectual property rights in the video and other submitted materials in accordance with the terms of paragraph 2.16 below. 2.16 FOR ENTRIES SUBMITTED VIA WWW.YOUTUBE.COM/SMIRNOFF: If you have submitted your entry via the website www.youtube.com/smirnoff, to the extent permitted by law you hereby grant the Promoter, its group companies, contractors, agents and collaborators a worldwide, royalty-free, perpetual, exclusive, irrevocable, sub-licensable licence to all intellectual property rights in the entry (including all its content whether written, pictorial or in video form), which includes the right to use and reproduce the entry without restriction in any and all media, including for the purposes of the competition, for internal use, for commercial use, for publication on any websites and Facebook and YouTube pages of the Promoter and its related companies, and for use in the promotional and advertising materials of the Promoter and its related companies. If this licence is, for any reason, not effective under these terms and conditions, you hereby agree that you will enter into such a licence as and when requested by the Promoter on the terms requested by the Promoter (and that failure to execute any such licence will result in you being disqualified from the Contest). 2.17 To the extent permitted by law, the entrant hereby irrevocably waives all moral rights or other transferable rights in the material to which the entrant is or may at any time in the future be entitled or any similar provisions of law in any jurisdiction. Entrants accept that the Promoter will be entitled to reproduce video entries without attributing the dancers' name. 2.18 The Promoter shall be entitled to use, reproduce, modify, edit, store and retrieve all video submissions and other material in connection with the Contest or otherwise for promotional purposes in any way that the Promoter thinks fit and in any possible medium on a perpetual, irrevocable, royalty-free, worldwide basis and will not be required to obtain consent from entrants or make any payment to entrants for such use, reproduction, modification etc. 2.19 Promoter and its agencies are not responsible for lost, late, damaged, corrupted, illegible, misdirected, or incomplete entries, or for entries not received due to lost, failed delayed or interrupted connections or miscommunications, or to other electronic malfunctions, delays, or errors of any kind in the transmission or receipt of entries. 2.20 Promoter and its agencies are not responsible for incorrect or inaccurate entry information, whether caused by web-site visitors or by any human or technological error that may occur in the processing of entries in this Contest. 2.21 Promoter reserves the right, in its sole discretion, to cancel or suspend all or a portion of the Contest, should viruses, bugs or other causes beyond control of the Promoter corrupt the administration, security or proper operation of the Contest. 2.22 CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PROMOTER AND YOUTUBE LLC RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. 2.23 The entrant declares that information they provide on entering the Contest is true and correct. Any entry made in breach of this declaration may be deemed invalid and disqualified at the discretion of the Promoter. 2.24 The Promoter reserves the right to disqualify and take down any video which, in its reasonable opinion, has been made in breach of any of the requirements of these terms and conditions and/or the YouTube terms of services available at www.youtube.com, the terms and conditions of www.smirnoff.com, or the terms and conditions applicable to www.facebook.com/smirnoff.   3. Content requirements / standards for entries 3.1 Entries must not advertise or promote third parties' or your own goods or services, nor contain any material which violates or infringes any copyright, trademark, trade name, trade secret or other personal and/or proprietary right of any person or entity. 3.2 Entries must not use third party artistic works, copyrights, trademarks, trade names, logos, similar brand identifying marks, trade secrets or other proprietary rights. Entrants may however use the SMIRNOFF® trademark or branding in their videos (provided any such use is in accordance with these terms and conditions and in particular, subject to clause 3.4 below). 3.3 Entries must not suggest SMIRNOFF products or alcohol in general makes you more confident, popular or attractive or that it is acceptable, glamorous or generally positive to be intoxicated nor feature scenes or references to drinking alcohol or show people who are, or appear to be, under 21 years of age. 3.4 Entries may not involve or include the use of SMIRNOFF props (e.g. bottles) and entrants must not depict drinking in any way, including when dancing. 3.5 Videos containing full or partial nudity, defined as the display of the genitals, pubic area, vulva, anus, or anal cleft with less than a fully opaque covering or the showing of the breast with less than a fully opaque covering of any part of the nipple, or any lewd or sexually suggestive gesture will be disqualified. 3.6 No video may (a) depict persons conducting themselves in an inappropriate manner (b) contain any material that would degrade or demean the human form, image or status of women, men or the members of any group based on race, religion, ethnic background, sexual orientation or any other minority status, (c) be offensive towards anyone, or (d) reference any other participant in the Contest; and any entry or profile photographs used in conjunction with an entry that could be offensive towards any gender, minority group, religion, race or culture will be rejected. 3.7 Entries should not show, imply, encourage or refer to aggression or unruly, irresponsible or anti-social behaviour nor link alcohol with brave, tough or daring behaviour. 3.8 Entries should not particularly appeal to under 21s or feature real or fictitious characters or costumes who appeal particularly to people under 21. 3.9 Obscene, provocative, sexually overt, lewd or otherwise objectionable content or entries which reflect poorly on the SMIRNOFF brand or any other brands of the Promoter and its affiliates will not be considered, and the determination of the appropriateness of any video submitted is at the sole discretion of the Promoter and/or Judges. 3.10 Entries passing judgment on those who choose not to drink alcohol will be rejected. 3.11 Any entry that suggests SMIRNOFF beverage alcohol products, or any beverage alcohol product, is good for you or has any positive medicinal or therapeutic property because it contains alcohol, or suggests that someone should only consume drinks with a high alcohol content, will be rejected. 3.12 Any entry that implies it is acceptable to drink alcohol before or while driving any kind of vehicle, operating any kind of machinery, or while undertaking any activity that requires alertness, concentration, or physical coordination will be rejected. 3.13 Entries submitted via www.Youtube.com/Smirnoff must comply with the YouTube terms and conditions available at www.youtube.com 4. Selection of the Finalists 4.1 In order to select the Finalists, Live Nation (which is a live-events company responsible for promoting Madonna's next world tour) will appoint four (4) judges, three (3) of whom shall be independent of the Promoter. 4.2 The judges will view all qualifying video entries and will choose ten (10) entrants to be Finalists taking account of the criteria listed below: 4.2.1 Entrants will need to show primarily that they are highly skilled at both choreographed and freestyle dance. 4.2.2 They will need to make the moves their own. 4.2.3 Formal technique and training in a variety of styles (e.g., Hip Hop, Contemporary Jazz, Latin) is not mandatory but a plus. 4.2.4 An emotional connection to their audience must be present in their performance. 4.2.5 Most importantly, entrants will be judged on how unique they are (e.g. having an innovative dance style, or a rare skill). 4.2.6 Entrants will also be judged on physical ability (e.g., strength, endurance). 4.2.7 Entrants' personality, charisma and other qualities will be taken into consideration. The selection of the ten (10) Finalists will be made at the discretion of the judges and all decisions of the judges are final. 4.3 The above ten (10) Finalists will be contacted via email by 17 October 2011 to confirm that they meet the following criteria: 4.3.1 They are at least 21 years of age; 4.3.2 They are eligible and able to travel to New York, USA within the period of 7 to 12 November 2011; 4.3.3 They have at least twelve (12) months validity on their passport from March 2012; 4.3.4 They have no previous criminal conviction in any jurisdiction for any offence involving homicide, serious violence, assault, kidnap, arson, drugs, criminal damage, robbery, burglary, blackmail, terrorism, fraud, drink driving or public disorder, or any sexual offence, and have not committed any alcohol-related crimes whether convicted or not; 4.3.5 They have a working knowledge of English; and 4.3.6 They are willing and available to take part in Madonna's next world tour (as described below) (the "Tour") and are eligible to travel to the countries forming part of the Tour. 4.4 If any Finalist does not meet any of the above criteria, the Promoter reserves the right to choose an alternative entrant as a Finalist by applying the criteria set out in paragraph 4.2 and to disqualify the entry. The Promoter can repeat this process any number of times until it has identified all of the Finalists. 4.5 Please ensure you check your email account regularly (including any junk email folders) to ensure that you can be contacted by the Promoter via email. 4.6 The Finalists will be required to sign an affidavit of eligibility and a liability/publicity release within two (2) calendar days of notification. These documents will be provided to the Finalists by the Promoter. 4.7 In the event that: 4.7.1 any Finalist and/or that Finalist's video submission does not meet any criteria set out in these terms and conditions; 4.7.2 any Finalist cannot be located, does not respond within two (2) calendar days or does not provide the signed affidavit of eligibility and the signed liability/publicity release within two (2) calendar days; or 4.7.3 any Finalist refuses or is unable to take part in the following stage of the Contest (as described below); the Promoter reserves the right in its sole discretion to disqualify that Finalist and select another Finalist who is selected by the judge(s) as having the next best video in accordance with the criteria set out in these terms and conditions. This re-selection process may be repeated until a satisfactory replacement Finalist is selected. 5. The Prize 5.1 The Finalists will win a trip to New York, USA for a minimum of three (3) calendar days and a maximum of six (6) calendar days ending on 12 November 2011 (the "Prize") so that they can have the opportunity of taking part in a dance event, the final round of which will be in front of a live audience and streamed live on the internet (overall, the "Dance Event"). 5.2 The Dance Event will involve several rounds, dancing to various different styles of music, dancing in a group, dancing with a partner and a solo dance, both freestyle and choreographed. Finalists may be eliminated in the course of the various rounds. 5.3 The Finalists must be available to travel to New York on either the 7, 8, 9 or 10 November 2011 depending on rehearsal requirements for the Dance Event. The departure date will be confirmed by the Promoter. 5.4 The Prize consists of: 5.4.1 economy class flights to New York, USA from a departure airport nominated by the Promoter in the Finalist's country of residence; 5.4.2 4 star or equivalent hotel accommodation for between two (2) and five (5) nights depending on the length of the trip to New York (as described above); 5.4.3 transport between the hotel accommodation and the airport in New York; 5.4.4 $1,000 US Dollars spending money; 5.4.5 travel insurance and medical insurance to cover the Finalist only during his or her trip to New York in accordance with these Terms and Conditions; and 5.4.6 the opportunity to participate in the Dance Event (as described above). 5.5 Finalists must be aware that they will be required to attend rehearsals for the Dance Event every day while in New York. 5.6 Taxes (other than those set out in paragraphs 5.7 and 5.8 below), other transfers, other hotel incidentals (including the mini bar) and any other expenses not stated in these terms and conditions are not included as part of the Prize. 5.7 For US Entrants only: The value of the Prize won by a participant under the Contest may be taxable as income to its winner. The Finalists are solely responsible for any and all taxes and/or fees associated with the Prize. Upon acceptance of the Prize, the Finalists will be issued an IRS Form 1099. Upon receipt of the Prize, the Finalists shall be required to comply with any and all applicable federal, state and local law, rules and regulations. 5.8 If a Finalist (other than a USA finalist) incurs personal tax liability in connection with the Prize and notifies the Promoter providing satisfactory evidence of such liability, the Promoter will reimburse the Finalist with a sum equivalent to such liability. For the avoidance of doubt, the Promoter will in no way be responsible for paying any taxes payable in relation to the Employment Contract as described below. 5.9 The obtaining, and costs, of visas in relation to the trip to New York are the sole responsibility of the Finalist and a Finalist will only receive the trip to New York if an approved visa is obtained which is of a duration and nature which enables the Finalist to fully participate in the Dance Event. The Promoter will not be responsible for providing the Finalist with any document that will assist it to remain in the US after the Dance Event or for any other purpose. 5.10 The total approximate retail value of the Prize is estimated to be $5,000 US Dollars depending on the Finalist's point of departure, length of stay in New York, fluctuations in the exchange rate, and any fluctuations in airfare and accommodation. 5.11 No cash alternative will be offered and the Prize is not transferable nor changeable in any manner. The trip to New York must be taken on the dates set out in these terms and conditions. 5.12 The Dance Event will be filmed and the Promoter reserves the right to use any/all footage in any and all media (including for commercial use, and for use in promotional and/or advertising materials). Finalists will be required to sign an applicable release form and waiver in relation to the footage. Failure to provide such release and waiver upon request will prevent the Finalist from participating in the Dance Event. 6. The Tour 6.1 As part of the Dance Event, on 12 November 2011 the Finalists who have not been eliminated in the course of previous rounds will be given the opportunity to perform in front of three (3) judges, none of whom will be employees of the Promoter or its group companies. 6.2 The judges will assess the Finalists taking account of the following criteria: 6.2.1 Entrants will need to show primarily that they are highly skilled at both choreographed and freestyle dance. 6.2.2 They will need to learn routines quickly, demonstrate muscle memory, adapt to changes, and make the moves their own. 6.2.3 Formal technique and training in a variety of styles (e.g., Hip Hop, Contemporary Jazz, Latin) is not mandatory but a plus. 6.2.4 They will need to demonstrate that they are able to work effectively with others in both group and partner dance routines. 6.2.5 An emotional connection to their partners and the audience must be present in their performance. 6.2.6 Most importantly, entrants will be judged on how unique they are (e.g. having an innovative dance style, or a rare skill). 6.2.7 Entrants will also be judged on physical ability (e.g., strength, endurance). 6.2.8 They should demonstrate a professional and positive attitude which includes coming to rehearsals prepared, adhering to rehearsal etiquette and being punctual. 6.2.9 Entrant's personality, charisma and outlook will be taken into consideration. 6.3 If the judges determine that one of the Finalists demonstrates the criteria set out in 6.2.1 - 6.2.9 to a sufficiently high standard, the judge(s) may give that Finalist (the "Selected Dancer") the opportunity to enter into an employment contract (the "Employment Contract") with the operator of Madonna's next world tour (name to be announced) (the "Tour") in order for the Selected Dancer to be engaged as a full-time member of the dance troupe for the Tour. The assessment of the Finalists shall be made at the discretion of the judges and the decision of the judges shall be final. 6.4 The Promoter makes no guarantees that the Selected Dancer will be awarded the Employment Contract. In order for the Selected Dancer to get the opportunity to enter into the Employment Contract, the Selected Dancer will need to demonstrate to the Tour operator's satisfaction that he/she meets the minimum required competency and skill standards as determined by the Tour operator in its sole and absolute discretion. 6.5 The Promoter has no involvement with and is in no way responsible for the Employment Contract. The Promoter will not be responsible for any consequences resulting from the Selected Dancer and the Tour operator entering into and/or performing the Employment Contract or from the Selected Dancer being subject to any applicable employment law. The Employment Contract will be between the Tour operator and the Selected Dancer. The Selected Dancer will not in any way or at any given point be deemed to be an employee of the Promoter or any of its group companies at any time. 6.6 The Promoter does not guarantee the actions of the Tour operator in relation to entering into the Employment Contract. The Promoter does not guarantee that the Selected Dancer will receive any employment, benefits, compensation or any other term and/or condition of the Employment Contract. The Promoter makes no representations regarding possible employment, benefits, compensation or any other term and/or condition of the Employment Contract. 6.7 The Promoter accepts no liability to the Selected Dancer arising out of or in connection with the Employment Contract and/or its termination. 6.8 Rehearsals for the Tour are provisionally due to commence in the first quarter of 2012 and the Tour is provisionally scheduled to run throughout 2012 and possibly beyond. Entrants must therefore be available to participate in the Tour for these dates if they are to be in with a chance of being chosen as the Selected Dancer. Entrants must also be aware that dates for the Tour are provisional only and are subject to change. 6.9 Countries/continents which may be included in the Tour are USA, South America, Canada, Europe, Australia and New Zealand. Entrants must however be aware that the destination countries for the Tour are not yet confirmed and are subject to change at any time. 6.10 The Employment Contract may include the following: 6.10.1 travel expenses as determined by the Tour operator; 6.10.2 accommodation and per diem (i.e. a daily expense allowance) while on the Tour as determined by the Tour operator; and 6.10.3 appropriate pay commensurate with the Selected Dancer's experience and other factors. 6.11 The precise terms and conditions of the Employment Contract are to be agreed between the Selected Dancer and the Tour operator. 6.12 The Selected Dancer may be required to write a blog (no more than monthly) about their experiences while on the Tour. The Selected Dancer may be required to enter into a separate contract with the Promoter in relation to writing a blog and the involvement in additional promotional activities while on the Tour. 6.13 The Selected Dancer will work as a full-time member of the Tour dance troupe in accordance with the terms of the Employment Contract and will be required to perform employment duties comparable to other members of the Tour dance troupe, such duties to be set out in the Employment Contract. 6.14 The obtaining, and costs, of visas, permits and other similar documents in relation to the Selected Dancer's participation in the Tour are the responsibility of the Tour operator and the Selected Dancer will only be able to participate in the Tour if he/she is eligible for the visas required for the countries of the Tour and if approved visas are in fact obtained. The Promoter is in no way responsible and accepts no liability in relation to the obtaining, and costs, of visas, permits and other similar documents in relation to the Selected Dancer's participation in the Tour. 6.15 Entrants must be aware that the salary the Selected Dancer receives pursuant to the Employment Contract may be subject to taxation. It will be the responsibility of the Selected Dancer and the Tour operator to pay any/all such taxes to the appropriate authority. In no way will the Promoter be responsible for any social security contributions, income or any other taxes payable in relation to the Employment Contract. 6.16 Entrants must be aware that the Employment Contract will be terminable at will by the Tour operator and subject to the standard Tour employment terms and conditions. The Promoter is in no way responsible for the Employment Contract or the actions of the Tour operator. In the event that, following signature of the Employment Contract, the Tour operator terminates the Employment Contract for any reason, the Promoter will not compensate the Selected Dancer nor offer the Selected Dancer any prize or reward as an alternative. 6.17 The Tour operator will give the Selected Dancer the opportunity to receive independent legal advice prior to the signing of the Employment Contract at the Tour operator's expense. The Promoter accepts no responsibility or liability in respect of any such advice and will not be responsible or liable in any way if the Selected Dancer chooses to enter into an Employment Contract either without having received any such legal advice or on the basis of any such legal advice. 7. General 7.1 The Promoter reserves the right, at its sole discretion, to disqualify any individual who has tampered with the entry process. 7.2 The Promoter reserves the right to withdraw or amend the Contest and the nature of the Prize (to an alternative of equal or greater value) in the event that it or its conduct of the Contest is affected or is likely to be affected by any unforeseen circumstances and/or circumstances outside its reasonable control. The Promoter shall not be in breach of these terms and conditions, nor liable for delay in performing, or failure to perform, any of its obligations under these terms and conditions, if such delay or failure result from events, circumstances or causes beyond its reasonable control. 7.3 The name of the Selected Dancer and the Finalists will be published on www.smirnoff.com, www.facebook.com/smirnoff and all other SMIRNOFF online channels (e.g. Twitter). The name of the Selected Dancer and the Finalists will also be made available on request to those enclosing a stamped self-addressed envelope to SMIRNOFF Nightlife Exchange Project Dance Contest 2011, 801 Main Avenue, Norwalk, Connecticut 06851, Attention: Paul Sirisant. 7.4 In the event any person has a complaint regarding the operation of this Contest, please send that complaint in writing by email to Smirnoff@consumer-care.net. The Promoter will use all reasonable endeavours to consider any complaints but will not be obliged to reply. 7.5 The Promoter's and the judges' decisions are final in every situation including any not covered above and no correspondence will be entered into. 7.6 To the extent permitted by applicable law, the Finalists consent to the use by the Promoter and its related companies, both before and after the closing date of the Contest for an unlimited time, of their voice, image, photograph, name and likeness for publicity purposes (in any medium, including still photographs and films, and on the internet, including any websites hosted by the Promoter and its related companies) and in advertising, marketing or promotional material without additional compensation or prior notice and in entering the Contest, all entrants consent to the same. The Finalists and the Selected Dancer shall, on the Promoter's reasonable request, participate in all required promotional activities, including photo shoots. 7.7 An entrant's personal data will only be held by the Promoter and its affiliates, and YouTube as outlined in these terms and conditions and in accordance with the Privacy Policies available at: https://www.smirnoff.com/privacy.aspx, http://www.youtube.com/t/privacy, and www.facebook.com. 7.8 By entering the Contest entrants agree that their personal data submitted as part of the entry process (including their email address) will be stored and processed by or on behalf of the Promoter and its affiliates as data controller in accordance with applicable data protection laws and that such storage and/or processing may occur outside of the entrant's country of residence (including outside the European Economic Area for entrants who are resident within the European Economic Area). Entrants agree that such data may be used to contact them, for the purposes of the administration and conduct of the Contest, and for publicity purposes as stated above and for the provision of the Selected Dancer and the Finalists' names on request to third parties. A request to access, update, delete or correct any information should be directed to the Promoter at the address set in these terms and conditions. 7.9 You agree that, to the extent permissible by law, the Promoter and its affiliates, agents and their employees and directors assume no liability for injuries, losses or damages of any kind to property or persons, resulting in whole or part, directly or indirectly, from entry into the Contest, any acts or omissions of an entrant, or participation in the Contest in any way. Entrants acknowledge that dancing is a physical activity and that injuries are possible but, by entering the Contest, entrants agree to participate at their own risk. 7.10 Nothing in these terms and conditions shall exclude the Promoter's liability for death or personal injury as a result of its gross negligence. 7.11 These Terms and Conditions constitute the entire agreement between you and us in relation to their subject matter and supersede any and all prior promises, representations, agreements, statements and understandings whatsoever between us. 7.12 The failure by the Promoter to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. 7.13 If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect. 7.14 The Promoter may assign or otherwise transfer its rights and obligations under these Terms and Conditions to third parties. 7.15 These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York, USA without regarding to conflicts of laws principles. The parties irrevocably submit to the non-exclusive jurisdiction of the federal and state courts of New York, New York, USA. 7.16 Promoter shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate this promotion, or any part thereof, at any time, for any reason, without notice or further obligation. 7.17 The Promotion is void where prohibited or restricted by law. 7.18 You accept the conditions stated in these official rules and terms, agree to be bound by the decisions of the Promoter, and warrant that you are eligible to participate in this contest. Notwithstanding the review of any video by the Promoter, you understand and agree to bear sole liability for the contents of your video and agree to indemnify the Promoter and YouTube LLC for any damages and/or costs incurred as a result of any third party's claim or demand relating to the content of your video. You further agree to indemnify and to keep the Promoter and YouTube LLC fully indemnified against all claims, costs, proceedings, actions, demands, damages and/or liabilities whatsoever incurred by and/or awarded against and/or compensation agreed by the Promoter or YouTube LLC in consequence of any breach or non-performance by you of the warranties specified in these terms and conditions. 7.19 You hereby acknowledge and agree that the relationship between you, the Promoter and (where you have entered via www.youtube.com/smirnoff) YouTube LLC is not a confidential, fiduciary, exclusive or other special relationship, and that your decision to submit your entry does not place the Promoter or YouTube LLC in a position that is any different from the position held by members of the general public with regard to elements of your entry, other than as set forth in these terms and conditions. 8. Specific provisions applicable to entry via www.youtube.com/smirnoff 8.1 To the fullest extent permissible by applicable law, you agree that YouTube LLC shall not be liable for any economic losses, loss of goodwill or reputation or special, indirect or consequential losses (whether or not such losses were within the contemplation of you and YouTube LLC at the date of your upload of your entry to www.youtube.com/smirnoff) suffered or incurred by you arising out of or in connection with these terms and conditions and the Contest. YouTube LLC's aggregate collective liability to you arising from or relating to these terms and conditions and the Contest (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to $100. 8.2 Nothing in these terms and conditions shall be construed so as to limit or exclude either you or YouTube LLC from liability for fraudulent misrepresentation, personal injury or death. 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