smile

40° 48’ 17.0964’’ N 73° 56’ 10.8528’’ W
158 E 126TH ST, NEW YORK
NY 10035

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RULES

1-SPONSOR AND PRIZE SUPPLIER:

BDG Gotham Residential, LLC. (the “Sponsor” and “Prize Supplier”), located at 300 Robbins Lane, Syosset, NY 11791.


2-ELIGIBILITY:

The Contest is open to musicians, or those who partake in the music industry, are legal residents of the United States and District of Columbia (“D.C.”) (Excluding Alaska, and Hawaii residents) and twenty-one (21) years of age at time of entry. Officers, directors, employees, agents of BDG Gotham Residential, LLC (“Sponsor” and “Prize Supplier”), Noise Moguls, LLC (“Agent of Sponsor”) and Compliance Sweepstakes Services LLC (“Administrator”) (together “Contest Entities”) and their respective parent companies, subsidiaries and affiliates, sales representatives, advertising and promotion, fulfillment and/or judging agencies, persons engaged in the development, production or distribution of materials for this Promotion, (collectively, the “Released Parties”), and their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. Void where prohibited, taxed, or otherwise restricted by law.


3-CONTEST ENTRY PERIOD:

The Chainsmokers Artist in Residence Contest (the “Contest” or “Promotion”) begins 12:00 a.m. Eastern Time ("ET") August 8, 2023, and ends 11:59 p.m. ET, September 5, 2023 (the "Contest Period"). Entries received before or after the Contest Entry Period are void and ineligible for consideration by the judges.


4-HOW TO ENTER THE CONTEST:

An individual is deemed an Entrant (“Entrant” or “Contestant” or “you”) in the Contest if eligible as per Eligibility requirements (Section II) and invited to go to http://www.TheChainsmokersgiveaway.com (“Sponsor’s Website” or “Website”) and complete the Contest registration form with your full name, address, email, phone number (for winner notification only) and DOB. Upon completion, follow the prompts to provide an essay/story (collectively, the “Story(ies)”) to the Narrative (#1) question below. Questions (#2) to (#4) are optional questions (“Optional Questions” or “Optional”) and may be answered if you opt to do that. However, if you do answer the Optional Questions, valuation points will be added to the Judges Point Score as described in Section VII below. Next submit a TikTok Video (#5) to showcase your talent:
Narrative: (1.) Why do you deserve to win a year of free rent at The Smile? (Required)
Music: (2.) What impacts your creative vision when you are making music? (Optional)
(3.) Tell us about your artistic journey. How did you discover your passion for music, and who influenced that passion? (Optional)
Goals: (4.) What goal or goals do you want to achieve during this year of free rent? (Optional)
Content: (5.) Submit a creative TikTok! Whether it's a dance routine, a song performance, or an engaging storytelling experience, the only requirement is that you ingeniously incorporate the word "Smile" into your creation. This is your chance to show us your imagination and skills, so be very creative. Don't forget to include the hashtag #TheChainsmokersGiveaway to join the exciting contest. (Required)

Each question answered must conform to the formats/file guidelines and each submitted Story must not exceed 300 words. Limit of one (1) Entry (“Entry”) per Contestant name and e-mail address during the Entry Period. All Entries must be received between August 8, 2023, and September 5, 2023. All required information must be completed to enter and to be eligible to win. Incomplete Entries will be disqualified. Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of an Entry. Internet Entries must be made by the Entrant only at the Website. Entries made by any other individual or any entity, and/or originating at any other website, including, but not limited to, commercial Contest subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest. The use of automated entry devices is prohibited, and no mechanically reproduced Entries are allowed; all such Entries are void. Released Parties are not responsible for: lost, late, incomplete, illegible, incorrect, delayed, garbled, undelivered, or misdirected entries. Sponsor reserves the right to disqualify any person that submits more than maximum number of entries. All Entries become the exclusive property of the Sponsor and will not be acknowledged or returned. Agent of Sponsor reviews all Story submissions to confirm that the Story meets content requirements prior to being judged.
Story entries not meeting all the following minimum requirements will be disqualified:
• The entry must include the first and last name, birth month / year, phone number, and email address.
• The Story must address the Narrative question.
• The Story, and the components thereof, must be the original work of the Entrant.
• The Story must be limited to 300 words.
• The Story must conform to the formats/file size specified and accepted on the Website application.
• The Story must not, in the sole and unfettered judgment of the Sponsor, contain any sexually explicit, discriminatory, disparaging, libelous or other inappropriate content or any act that is considered dangerous.
• The Story must not contain any (i) trademarks of any person or entity other than Sponsor; or (ii) any logos, depictions, designs, or other content in which the Entrant does not hold the copyright or a license there under.


5-TIKTOK VIDEO SUBMISSION:

The Video (“Video” or “Video Submission”) must be uploaded to your TikTok account with the required hashtag #TheChainsmokersGiveaway. To guide you through TikTok’s account set up and video upload procedure, go to https://support.tiktok.com › en › using-tiktok › creating-videos › editing-posting-and-deleting. If the winning Video includes other people, they must sign a Model Release Form, which will be distributed upon notification of Winner, or have their faces blurred out in the Video Submission. Each person appearing in your video must be 18 years of age or older. If including other musician’s work, you must give that person credit by naming him/her in the Video Submission intro. If the work is your own creation, that information should be stated in the introduction of the Video Submission. Your communication in the Video will be evaluated by Agent of Sponsor based on context and societal acceptability, in the sole and unfettered judgement of the Sponsor and/or Agent of Sponsor. Do not include in your Video Submission any (i) trademarks of any person or entity other than Sponsor; or (ii) any logos, depictions, designs, or other content in which the Entrant does not hold the copyright or a license there under; or (iii) anything obscene, lewd, discriminatory, defamatory, or inappropriate. or (iv) unsafe behavior or situations. Any Video Submission which does not conform to these guidelines may be rejected. Always make a back-up copy of the Video.


6-STORY AND VIDEO SUBMISSION RIGHTS AND REQUIREMENTS:

By entering this Promotion, Entrants agree that each Story and/or Video Submission (collectively the “Contest Submission”) becomes the property of Sponsor and that the Sponsor may use Contest Submission for any proper purpose. Any personally identifiable information collected during an Entrant's participation in this Promotion will be collected by Sponsor and used by Sponsor, Agent of Sponsor, Administrator, their respective affiliates, agents, and marketers for purposes of the proper administration and fulfillment of the Promotion as described in these Official Rules. If the Contest Submissions contains any material or elements that are not owned by the Entrant and/or are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the Contest Submission, any and all releases and consents necessary to permit the use and exhibition of the Contest Submission and all of the components thereof by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness releases for any person who appears in or is identifiable in the Contest Submission, and permission to reproduce, distribute, publicly display or otherwise use the Contest Submission. The Contestant grants Sponsor and its agents the right to publish, post, adapt, edit, display, and/or modify or otherwise use such Contest Submission in any form, in any manner, and in any media, without any time or territorial limitation, deemed appropriate by Sponsor or the Sponsor's Affiliates, without compensation of any kind to Entrant. Submission of a Story or Video further constitutes the Entrant's consent to irrevocably assign and transfer to the Sponsor any all rights, title and interest in the Contest Submission, including, without limitation, all copyrights. In the event of a dispute as to the identity of an Entrant, the Entrant will be deemed the name appearing on the Entry. BY SUBMITTING A STORY AND VIDEO ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER CONTEST SUBMISSION MAY BE POSTED ON SPONSOR'S WEBSITE, IN SPONSOR'S DISCRETION. By submitting an Entry in the Contest, you hereby warrant and represent that your Contest Submission conforms to the requirements set forth herein. Any such Entrant will indemnify and hold harmless, Sponsor and Released Parties from any claims to the contrary.


7-JUDGING, CRITERIA FOR JUDGING AND WINNER DETERMINATION:

Each Contest Submission (defined in Sect VI) will be reviewed by the Sponsor Agent to meet entry requirements as stated in Sections IV and V of these Official Rules. Upon approved review of an Entrant’s Contest Submission, it will then be judged by the Agent of Sponsor (also the “Judges”), whose decisions are final and binding. Each Contest Submission will be judged according to the clear relationship between the Category questions and the Entrant’s responses based upon the following criteria: (i) most compelling reason in the Narrative response (1-10 points); (ii) relevance to the subject of the question (1-10 points); (iii) clarity and completeness of response (1-10 points); (iv) overall content impact and appeal of Video (1-10 points). Additional points are earned when the Optional Questions, numbers 2, 3, and 4 are answered. Subject to verification of eligibility and compliance with the terms of these Official Rules, the Contestant with the highest total number of points based on above judging criteria will be declared the potential Grand Prize Winner (“Winner”). In the event of a tie, the Contestant with the highest point score in (iv) Overall Content Impact and Appeal of Video, will be declared the Grand Prize Winner. The Odds of winning will depend on the total number of eligible entries received and the highest total score received from Judges.


8-WINNER BACKGROUND CHECK:

A Potential Grand Prize Winner is subject to a background check and verification by the Sponsor and Contest Administrator. The Sponsor reserves the right in its sole discretion to disqualify any person if the results of such background check reveal that the Contestant is either not eligible to participate or if the Sponsor determines, in its sole discretion, that awarding the Grand Prize to such potential Winner might reflect negatively on the Sponsor or any person or entity affiliated with the Contest. Contestant must execute and deliver to Sponsor or Sponsor’s designee any other releases, consents, or authorizations that Sponsor considers necessary or desirable to evidence, effectuate or enforce the terms, conditions, intent, or purpose of the Official Rules. Sponsor has the right, in its sole discretion, to disqualify the Winner based on the background check.


9-WINNER NOTIFICATION:

On or about September 30, 2023 the potential Grand Prize Winner will be notified by phone and/or e-mail. If the potential Winner cannot be contacted or does not respond within forty-eight (48) hours of the initial notification, or does not respond with complete contact information as requested by voice message, or whose phone provider indicates that the phone number is invalid or unable to receive the communication (even if ultimately delivered thereafter), or found to be ineligible, cannot or does not comply with these Official Rules, or if his/her Winner notification is returned as undeliverable, such potential Winner will be disqualified and the next highest scoring Contestant may be selected at Sponsor’s sole discretion.

10-GRAND PRIZE (“Prize”)

One (1) Grand Prize Winner will be awarded one (1) year of free rent in a specified unit at The Smile, a rental apartment building in East Harlem. Approximate Retail Value (ARV) of rent is $40,000. Amenities are included at an ARV of $1800. The furnished rental apartment will include some music studio equipment. ARV $1200 (music equipment) and ARV $3600 (furniture). Winner is to be provided a small stipend for prize award move-in expenses, which may be limited based on their radius to NYC. ARV $2500. Winner will be responsible for utilities, internet, renter’s insurance, as well as any damages to the dwelling. Winner of apartment free rental Prize will be obligated to enter into a License Agreement (“License Agreement”) with the Sponsor and will be required to provide a month’s rental security deposit of $3334. Total Prize Pool ARV is $49,100.00 (USD). The stated “ARV” of the Prize is based on available information provided to Sponsor, and any difference in ARV at the time of awarding will not be awarded, and the value of the Prize awarded to a Winner will be reported for tax purposes as required by law.

11-GRAND PRIZE TERMS & CONDITIONS:

The Grand Prize Winner is required to comply with any and all applicable federal, state and local laws, rules and regulations. The Winner receiving a Prize valued over $600.00 is required to sign the Contest Administrator’s Affidavit of Eligibility and Liability/Publicity Release and a W9 form (collectively, the “Prize Acceptance Release”) and return it within five (5) days of notification. Winner may also be required to send a copy of their passport, driver’s license, or birth certificate as proof of age and residence. Winner must provide a valid social security number before a Prize will be awarded for tax reporting purposes. An IRS Form 1099 will be issued in the name of the Prize Winner for the total ARV of the respective prize, as stated above, for the calendar year the Prize is won. A Winner may be required to provide a signed Model Release Form if the Video of your Contest Submission captures an image of a clearly identifiable person, other than yourself. If potential Winner fails to return requisite documents within the specified time-period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and the next highest scoring Contestant will be selected for the Prize at issue, time permitting. Sponsor will use reasonable efforts to award the Prize to an alternate Winner but in the event, one cannot be reasonably determined or contacted; such Prize will not be awarded. The Prize Acceptance Release is subject to verification by Sponsor and the Prize Winner may be subject to verification and a background check before any Prize will be awarded. The Prize may not be exchanged or transferred except in Sponsor's sole discretion. Prize details and availability can be subject to change. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right at its sole discretion to substitute the Prize (or Prize component) with another Prize (or Prize component or cash equivalency) of equal or greater value in the event that the advertised Prize (or any component thereof) is not available. The Sponsor and Released Parties are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of the Prize awarded in this Promotion.


12-LIMITATIONS OF LIABILITY:

Sponsor reserves the right in its sole discretion to terminate, modify or suspend the Promotion in whole or in part because of any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications, equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Promotion by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence). If for any reason, this Promotion is not capable of running as planned due to infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor, which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion, the Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process (if applicable), and to cancel, terminate, modify or suspend the Promotion, in whole or in part, at any time, without notice and award the Prize using all non-suspect eligible entries received as of the termination/suspension date. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsor also is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure or delay of any e-mail or submission to be received by Sponsor on account of technical problems, human error, or traffic congestion on the Internet or at any website, or any combination thereof. Sponsor is not responsible for any damage to an Entrant’s system, which is occasioned by participating in this Promotion or by downloading any information necessary to participate in the Promotion. Sponsor is also not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error, which may occur in the processing of the entries in the Promotion. If any provisions of the Official Rules are determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision. CAUTION: ANY ATTEMPT TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.


13-PUBLICITY/USAGE RIGHTS AND OPT-IN:

By entering the Contest, you grant the Sponsor permission to share your e-mail address and any other personally identifiable information with the Released Parties for the purpose of administration, Prize fulfillment and to send you e-mails about their products and services. This information will never be sold or shared with third parties. Any personal information supplied by you to the Sponsor will be subject to the Sponsor’s privacy policy posted at https://bdg.net/privacy-policy/. You may opt out of receiving future e-mails from the Sponsor by clicking on the unsubscribe link contained in any e-mail and following the online directions for opting out of future promotional emails. You will remain eligible for this Promotion whether or not you opt out of receiving promotional e-mails from the Sponsor. Sponsor will not sell, rent, transfer, or otherwise disclose your personal data to any third party other than as described above herein or in its respective privacy policy. You further acknowledge and agree that Sponsor (and those acting with its authorization) may copy, reproduce, edit, broadcast and otherwise use your submission in any way in any medium whether now existing or later discovered, worldwide, in perpetuity, including but not limited to posting online. Except where prohibited, participation in the Contest and/or receipt or use of any Prize further constitutes the Winner’s consent for use of his/her name, likeness, voice, opinions, statements, biographical information, and/or hometown and state for promotional or advertising purposes in any media, worldwide, now known or hereafter developed, in perpetuity, without further review, notification, payment, or consideration (unless prohibited by law).


14-RELEASES:

All participants, as a condition of participation in this Promotion, agree to indemnify, release and hold harmless Sponsor and Released Parties from and against any and all liability, claims, damages, injuries or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with: (a) accessing the Sponsor's Website; (b) participating in any aspect of the Contest, including, without limitation, while preparing for, participating in and/or traveling to or from any Prize or Contest-related activity, including, without limitation, any injury, damage, death, loss or accident to person or property; (c) the receipt, ownership, possession, use or misuse of any Prize awarded; (d) viruses or any downloading or other problems with the Contest Entry, or; (e) any typographical or other error in these Official Rules or the announcement of offering of any prize. Sponsor makes no representations or warranties of any kind concerning the appearance, safety, or performance of any Prize component, except for any express manufacturer's warranty as may be included with the Prize. Prize Winner bears all liability and risk of loss or damage to his/her respective Prize after it has been received.


15-GOVERNING LAW/DISPUTES:

In the event of a dispute as to the identity or eligibility of any entry based on an e-mail address, the entry will be declared made by the Authorized Account Holder of the e-mail address submitted at time of entry. “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. In any legal action brought in connection with or arising out of this Promotion or relating to these Official Rules, Entrant waives a jury trial on behalf of itself and all other parties related to the Contest Submission. By entering, Entrant agrees that (1) all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be (i) governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules, (ii) resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of New York or the appropriate New York state court; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs, but in no event including attorneys' fees, disbursements or court costs; (3) under no circumstances will an Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental and consequential damages, and any other damages, other than for actual out-of-pocket costs (not to exceed $250); and (4) any legal proceedings arising out of this Promotion or relating to these Official Rules shall be instituted only in the federal or state courts serving Syosset, New York. Entrants, and the party’s consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules, shall be instituted only in the federal or state courts serving Syosset, New York. The invalidity or unenforceability of any provision of these Official 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 Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.


16-ARBITRATION:

By entering the Contest, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Contest will be decided by binding arbitration. All disputes between you and BDG Gotham Residential, LLC and any of its Agents, of whatsoever kind or nature arising out of these Rules, shall be submitted to Judicial Arbitration and Mediation Services, Inc. ("JAMS") for binding arbitration under its rules then in effect in the Syosset, New York area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.


17-NAME OF WINNER:

The name of the Grand Prize Winner will be available on or about September 16, 2023, or after the Winner has been verified. Name and state of Winner’s residence can be obtained by sending a self-addressed, stamped business-size envelope to: Compliance / The Chainsmokers Artist in Residence Contest Winner List, P.O. Box 468, Stonington, CT 06378. Requests must be received by October 28, 2023.


18-AGENT OF SPONSOR AND JUDGES:

Noise Moguls, LLC, 225 Cherry St APT 45A New York, NY, 10002


19-CONTEST ADMINISTRATOR:

Compliance Sweepstakes Services LLC, 20 Broad St, #469. Stonington, CT 06378.


20-MISCELLANEOUS:

TikTok and respective affiliates, subsidiaries, shareholders, representatives, officers, directors, agents, and employees will have no liability or responsibility for any claim arising in connection with the Entrants’ participation in this Contest and has not offered or sponsored this Contest in any way.

©2023. Compliance Sweepstakes Services LLC. All rights reserved. This Contest is the property of the Contest Administrator. No competitor or other entity can publish in part or whole without the express written permission of the Contest Administrator. If in any case one uses this Contest without the approval of the Administrator, makes any deceptive use of same, the Administrator can get legal protection and stop the entity or person doing so.