A Dance Competition Powered by Brainwave Creations

Prepared by: BRAINWAVE CREATIONS

Version: 5.0

Date: TUESDAY 15TH APRIL 2025

1.1 PROJECT BACKGROUND

Battle of The Moves is a dance competition organized by Brainwave Creations. It is open to dancers of all dance genres from age 18 above, and sponsored by Monster Energy Nigeria Limited. It is a four-stage dance battle competition where a group or two individual dancers battle against each other in one-on-one battles, or teams of dancers, known as crews. The winners of each stage go on to the next round and the loser moves on. A winner and one runner-up will emerge from this year's edition and will be rewarded.

1.2 Definition of Terms

In this Terms & Conditions, except where the context otherwise requires, the following words and phrases shall have the following meanings:

“Promoter” means Brainwave Creations

“Sponsor” means Monster Energy Nigeria Limited

“Competition” means Battle of The Moves by Brainwave Creations, sponsored by Monster Energy Nigeria Limited

“Participant(s)” means anyone or team validly registered to participate in the Competition

“Parties” means the Promoter and the Participant(s)

“3^rd Parties” means any other individual or corporate entity other than the Parties

“BOTM Platform” means the microsite landing page, website, or any other electronical platform provided by the promoter to the participants for use during the Competition

“T&C” means this Terms and Conditions

1.3 Acceptance

By proceeding with the registration on the BOTM Platform, ticking all appropriate options, the participant(s) unequivocally agree to be bound by the provisions of these Terms and Conditions.

Registration / Participation Mechanics

• Participants will be required to do a dance video performance of 60 seconds or less with the opening scene showing them featuring the MONSTER can and their stage name. Participants will upload their contents on Instagram and tag the relevant social media handles (@OFFICIALBOTM #BATTLEOFTHEMOVES #MONSTERENERGY)

• Participants will access the call for entry beat on the microsite landing page, entries that are not done with the assigned beat will be disregarded.

• Brainwave Creations and Monster Energy Nigeria Limited’s employees, adhoc staffing, agents, officers, and their immediate family members (spouses, parents, children, siblings, and their respective spouses, regardless of where they live) or persons living in the same households of such employees, servants, agents, officers whether or not related, are not eligible to enter the Competition.

• Participants agree that the time, manner, and method of judging the competition shall be solely within Brainwave Creation’s discretion.

• Participants will have to open a can of Monster Energy drink, and take a sip during their performance. They will be required to demonstrate creativity with the can during their performance.

• By entering into this Competition, Participants confirm that they have read these Terms & Conditions and consent to same. Participants also acknowledge and agree, and hereby expressly consent to publicity as it relates to this competition and further consent to Brainwave Creations using their names, contact details, photographs, videos and every other detail that may be needed for the purpose of this Competition.

• Participants who do not comply with the rules of the Competition or these Terms and Conditions shall be deemed void by Brainwave Creations for the purpose of this Competition.

• Entries that are incomplete, incorrect, inaudible, incomprehensible or do not comply with the rules of the Competition or these Terms and Conditions shall be deemed void by Brainwave Creations for the purpose of this Competition.

• Brainwave Creations reserves the unfettered right, without incurring any liability from the Participants thereof, and without affecting any of the Participant’s obligations here under to make such changes and amendments as are necessary to the format of the Competition, including making changes to the Contest Information and these T&C’s and canceling, discontinuing, postponing and delaying any element or stage of the Competition. Participants agree that the time, manner, and method of judging the competition shall be solely within Brainwave Creation’s discretion.

• Brainwave Creations reserves the right to disqualify any Participant and /or entries which it believes have not been made in compliance with these Terms and Conditions or to disqualify any Participant found to have tampered with the entry process or the operation of the Competition or to be acting in a disruptive manner, or with intent to threaten, abuse or harass any other person.

• At the final stage, a winner and one runner-up will be selected; first 1st runner up (Second position) through a total number of votes that will be generated from the Judge’s votes and the votes from the audience at finale battle ground.

• Brainwave Creations retains the authority to invalidate votes should there be reasonable suspicion of fraudulent activity, such as implying the use of software or automated devices to manipulate voting process.

• Brainwave Creations may in its sole discretion, disqualify any entry that it considers to be defamatory, directly or indirectly promoting the interest of any political party, person, product or service or may bring the name of Brainwave Creations, its partners, associated parties, and agents to disrepute.

• Participants agree that the time, manner, and method of judging the competition shall be solely within Brainwave Creations’s discretion. Brainwave Creations shall have the right to change the manner and method at any time deemed necessary.

• The call for entry and participation mechanics communication will run for a specific period of time that would be stipulated on the publication material to be communicated prior to the commencement of the competition.

• Brainwave Creations may, in its sole discretion, refuse to provide the Prize, or seek its recovery, in the event of non-entitlement under these Terms and Conditions or a Participant’s breach of these Terms and Conditions, fraud, dishonesty, or other inappropriate or improper conduct.

1.4 DURATION OF COMPETITION

The Battle of The Moves (BOTM) will have an offline and online leg and will last for 12 weeks starting from 2nd May 2025 - 31st July 2025.

STAGE 1: AWARENESS PHASE 1

• The campaign will kick off with the release of the awareness video content, and static fliers for BOTM 5.0 on selected social media platforms.

• Interested participants will be directed to the BOTM landing page, where they will download the beat to enter for the Battle of the Moves competition Vol 5.

• There will be an activation tour across 5 campuses across Nigeria for BOTM 2025.

• The announcement video and content will also be promoted by third-party influencers.

• This will kick start the entry phase and will last for 3 weeks.

STAGE 1: AWARENESS PHASE 2

• A dance video of two dance veterans, and brand ambassador introducing the Call to Entry will be done on social media platforms driving participants to the BOTM Landing page where they will get details about the Battle of the Moves competition Vol 5.

ENTRY SUBMISSION PHASE:

• Participants online start sending in their entries by uploading their videos on Instagram and tagging the relevant social media handle @officialbotm and using the hashtag #BATTLEOFTHEMOVES #MONSTERENERGY. This phase will span across 2 weeks.

1.5 COMPETITION STAGES

ONLINE ENTRY & SHORTLISTING STAGE:

• Interested participants can enter for the battle as an individual or as a group.
• Participants will have to feature a can of Monster Energy drink.

• Participants will upload their content on Instagram and tag the relevant social media handles (@officialbotm #BATTLEOFTHEMOVES #MONSTERENERGY).
• The call for entry and participation mechanics communication will run for 2 weeks.
• After the call for entry, judges will select the top 10 to participate in the final battle.

OFFLINE - CAMPUS ACTIVATIONS:

• There will be activations across 5 Universities in Delta, Kaduna, Jos, and Imo will be activated.

BATTLE STAGES::

• The 10 finalists will battle it out at the grand finale to select the top 2 dancers/crew who will emerge as the winner and 1st runner-up.

STAGE 1:

• The 10 final shortlisted dancers will be paired via ballot picks. This stage will see five pairs of dancers engage in intense moves to impress the judge over two beats of hip hop and Afro beats. The judge will narrow the field down to five dancers who will scale through to the next stage.

STAGE 2:

• The dancers will turn up the heat to outdance their paired opponents to knockdown them out. At this stage, the defending champions, Delta All Stars, will enter the battle and seek to move to the next stage. Monster BA will save the best loser who will join the other three in Stage 3.

STAGE 3:

• With an eye on the prize, the four dancers battle for a chance to get to the final stage. From this stage, two dancers will be selected to scale to the final stage.

FINAL BATTLE:

• It all comes down to this as the two finalists will battle to earn the title of BOTM champion. Creativity, stage presence and showmanship will determine the fate of the contenders.

2.1 HOW THE WINNER WILL BE REWARDED

• The winner will be announced and rewarded on the same day at the final dance battle session.

2.2 HOW THE WINNER WILL BE ANNOUNCED

• Winners’ announcements will also be done on site to physical guests and on BOTM’s social media accounts.

2.3 CRITERIA FOR VALID ENTRY

1. This is a dance contest, so you are expected to be very entertaining and creative to win against your opponent.

2. All dance performances must be on only the beat provided for the competition. Beat will be uploaded on Battle of the Moves Landing page.

3. All entries must be videos and no longer than 60 secs. A second more and your entry will not be acceptable.

4. You are encouraged to be creative with your video submission but keep it as organic and natural as possible. Meaning extra points will be added for raw creative efforts.

5. There is no room for choreography plagiarism (Dance Routine), our Judges will scrutinize all entries to ensure that there is no element of “unacceptable plagiarism” included in your steps and dance rendition (No two dance performances must be the same). If you are found wanting, your entry will be disqualified.

6. All dance performances must be on the beat provided for the competition.

7. You are permitted to promote your entry but it is absolutely prohibited to orchestrate or be involved in a direct denouncement or counter-campaign against your opponent. Your selection into the competition is made by the in-house judges and not by the number of likes your content gets on social media.
8. Battle of the Moves does not support or condone nudity, vulgarity, or violence in any way, shape, or form. Any entry with nudity, violent or vulgar content, apparatus or references will be disqualified.

8. Remember, your selection into the competition is made by the in-house judges and not by the number of likes your content gets on social media.

2.4 WINNERS PRIZE

WINNER

The winner will be rewarded with:

• N700,000 worth of dance studio subscription.
• 1 Year supply of Monster Energy Drink. (12 cases)

1ST RUNNER UP

The first runner-up will be rewarded with.

• N3,000,000 worth of dance studio subscription
• 1 Year supply of Monster product. ( 60 cases)

SECOND RUNNER UP

The second-runner up will be rewarded with.

• 1 Year supply of Monster Energy Drink. (12 cases)

2.5 PRIVACY POLICY

This will help in understanding how the data from the contestants upon visitation to the landing page of the website created for the BOTM is protected.

For more information on how your information is collected, processed, hosted, and stored please see our Privacy Policy here

3.1 LINKS TO OTHER WEBSITES

While it is a fact that our website contains links that lead to other websites, kindly note that Brainwave Creations will not be held liable for the protection of the contestant’s data and privacy. This “Privacy Policy” clause will not be applicable when the contestants visit these websites. Contestants are enjoined to read the privacy policy documentation of the websites they visit from our website.

3.2 LEGAL PROVISIONS

Upon submission and entry into the competition,  Brainwave Creations, the Sponsor, their agents, and officers shall not be liable for any of the following:

• Any injury or accident (whether of psychological, emotional, or physical) suffered by any participant in the course of preparation, participation, and entry into this competition at any stage;

• Any claim of Copyright or Trademark infringement by any 3^rd party with regards to any material used by any participant in the course of participation in this competition at any stage;

• All liabilities, damages, judgments, costs, Counsel fees, wilful misconduct or bad faith, nondisclosures, and disclosures arising from any act or omission of any participants in the course of participating in this Competition at any stage;

• Any additional costs or ancillary expenses relating to the prizes. If there exist any additional costs or ancillary expenses relating to the prizes, the same shall be borne exclusively by the participant/contestant.

• Brainwave Creations and the Sponsor for the purpose of this competition shall not be obligated in any way whatsoever to take out any insurance to cover the Participant/contestant for any loss or injury that may happen in the course of preparing for the competition or during the competition. The participant/contestant is enjoined to take out his/her/their own insurance against any loss or injury that may occur or happen in the course of preparing for the competition or during the competition.

• The entries are free as such Brainwave Creations would not be held liable for any loss arising from the payment of any fees or money to any person whether or not purporting to be a representative or agent of the Company.

• Upon submission and entry into the competition, Brainwave Creations and the participants automatically and unequivocally agree to the following:

• That all videos and the contents submitted at any stage of this competition shall be wholly owned by Brainwave Creations.

• That the Copyright in all videos submitted at any stage of the Competition shall automatically transfer and wholly vest in Brainwave Creations and it shall have the unfettered right to do all or any of the following:

1. Right to reproduce the video in any material form;
2. Right to publish the video;
3. Right to perform the video in public;
4. Right to produce, reproduce, perform or publish any translation of the video;
5. Right to make any cinematograph film or a record in respect of the video;
6. Right to distribute to the general public, for commercial purposes, copies of the videos.
7. Right to broadcast or communicate the video to the public by a loudspeaker or any other similar device;
8. Right to do a translation or an adaptation of the video
9. To grant an exclusive right to the Sponsor for its usage of all video content for the BOTM promotion for commercial, promotional, or advertising purposes, or otherwise.

The Rights stated in A to the above shall survive the termination of these Terms and Conditions.

The Promoter of the competition hereby reserves the unfettered right not to award the Winner’s prize where it is determined that the supposed winner has engaged in unbecoming acts such as bribery, cheating, collusion, etc. in the course of any stage of the Competition.

The Promoter of the competition hereby reserves the unfettered right to disqualify any participant for any reason whether or not contained herein.

3.3 GROUNDS FOR DISQUALIFICATION

Brainwave Creations reserves the right to disqualify any Participant and /or entries which it believes have not been made in compliance with these Terms and Conditions or to disqualify any Participant found to have tampered with the entry process or the operation of the Competition or to be acting in a disruptive manner, or with intent to threaten, abuse or harass any other person including the grounds stated below or for such other grounds not contained herein:

• Choreography plagiarism.
• Dancing to another beat other than the one(s) created for the Competition
• Being younger than the official age for this Competition (18 years)
• Counter campaign against opponents.
• Participants with videos that contain nudity, defamatory, malicious, or violent content or references.
• Engaging in activity(ies) that could be designed to unfairly manipulate the public vote.

3.4 TERMINATION

These Terms and Conditions terminate automatically upon the conclusion of this Competition.

Brainwave Creations shall terminate its obligations under these Terms and Conditions if any Participant breaches any of the obligations and undertakings set out in these Terms and Conditions, refuses, or fails to perform or observe any of the conditions and obligations conferred on him or her for the purpose of this Competition.

3.5 SPECIAL PROVISIONS

Headings

The clause and paragraph headings in these T&Cs are for convenience only and shall not affect the interpretation of this T&C.

4.1 COMMUNICATIONS

Any correspondence or notice for either party may be delivered by hand or courier to any of the parties at any address as provided from time to time by any of the parties to the other. Communications can equally be undertaken by electronic means as ascribed to by the parties.

4.2 SEVERABILITY

The invalidity or unenforceability of any provision of these Terms and Conditions 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 Terms and Conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provisions were not contained herein.

4.3 LIABILITY

Nothing in these Terms and Conditions shall exclude or limit the participants’ liabilities for death or personal injury caused by their negligence. Subject to this, Brainwave Creations shall not accept any responsibility for any damage, loss, injury or disappointment suffered by any participant. Brainwave Creations shall not be responsible for any problems or technical malfunction of any computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the internet or any website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer related from participation or downloading any materials in the Competition.

Brainwave Creations does NOT promise that the services relating to the Competition will be free from errors or omissions nor that it will be available uninterrupted and in a fully operating condition. These services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond the control of Brainwave Creations.

4.4 AGENCY/PARTNERSHIP

For purposes of this T&C, the Parties agree that they are separate and distinct legal personalities and shall be treated as such and shall not be responsible for or be under any obligation to creditors of each other or to any third party arrangement or contract involving either of them or any of their agents, privies, subsidiaries or associated companies.

4.5 INDEMNITY

The contestants agree to indemnify, defend, and hold harmless Brainwave Creations, SPONSOR AND ASSOCIATED PARTIES from and against any loss, cost, or damage of any kind (including reasonable outside attorneys' fees) to the extent arising out of its breach of any provisions in this Agreement, and/or its negligence or wilful misconduct.

Each of the Parties to this T&C hereby acknowledges and agrees that it has been free to secure independent legal and other professional advice as to the nature and effect of all of the provisions of this T&C and that it has either taken such independent advice or has dispensed with the necessity of doing so; and FURTHER AGREE that all of the provisions of this T&C as herein contained are fair and reasonable in all the circumstances.

5.1 FORCE MAJEURE

The failure of any of the parties hereto to comply with the terms and conditions hereof because of an act of God, strike, labour troubles, war, fire, earthquake, act of public enemies, action of federal, state or local governmental authorities or for any reason beyond the reasonable control of such party and which could not have been avoided by such party’s exercise of reasonable care (“Event of Force Majeure”), will not be deemed a breach of this T&C, although the relevant affected party shall promptly inform the other parties in writing of the reason for such delay, and thereafter such party shall take all action within its power to comply with the terms of this T&C as fully and promptly as possible.

Should an Event of Force Majeure continue for a period of longer than fifteen (15) consecutive days, then either party may terminate this T&C upon notice to the other without liability.

5.2 DISPUTE RESOLUTION

Any dispute, controversies or claims arising out of or in connection with this T&C, including any related to its valid formation, breach, violation, termination or invalidity shall be resolved between the Parties through mutual negotiations within a period of seven (7) days from the time it arose.

In the event that the Parties are unable to settle through mutual negotiations, either Party shall be entitled to refer the dispute to Mediation for final settlement by a sole Mediator in accordance with the extant Rules and Proceedings of the Chartered Mediators and Conciliators (Nigeria).

Mediation will be the final and conclusive means to resolve the dispute and the Parties mutually agree to waive their rights to finally resolve any dispute arising in relation to this T&C by Court proceedings or any other means. The Mediation Award may be specifically enforced by legal proceedings initiated by either Party in any court of competent jurisdiction in Nigeria and the Parties agree to submit to such jurisdiction. Except as otherwise determined, the cost of Mediation shall be borne equally by the Parties. The Mediation venue shall be in Lagos State, Nigeria.

5.3 GOVERNING LAW

This T&C shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.