The #SmuleTrendsetter Contest Terms
In addition to the Smule Terms of Service and the Smule Community Guidelines, the following #SmuleTrendsetter Contest Terms shall apply:
- Eligibility: This Contest is open only to Smule registered VIP users who record a performance and who are at least 17 years old as of the date of entry. The #SmuleTrendsetter Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law.
- Agreement to Rules: By participating, the Contestant (“You”) agrees to be fully unconditionally bound by these Rules, the Smule Terms of Service, and You represent that You meet the eligibility requirements. In addition, You agree to accept the decisions of Smule at its sole discretion and judgement as final and binding as it relates to the content of this #SmuleTrendsetter Contest.
- Campaign Period: Entries will be accepted online starting on April 10th, 2020 at 12:00 , Pacific Standard Time and ending April 19th, 2020 at 23:55 , Pacific Standard Time. All entries must be received by April 19th, 2020 at 23:55 , Pacific Standard Time.
- How to Enter: The #SmuleTrendsetter Contest must be entered by recording a performance and sharing it with #SmuleTrendsetter inviting others to sing with you or follow you on Smule. The entry must fulfill all #SmuleTrendsetter Contest requirements, as specified, to be eligible to win the prize. All entries must comply with the Smule Terms of Service and the Smule Community Guidelines. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Smule. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Smule. Smule will have no liability related to any recording submission not received by it for whatever reason.
- Prizes: The 10 winner(s) of the #SmuleTrendsetter Contest (the “Winner”) will (i) be featured on a special playlist on the ‘Explore’ page for 14 days; (ii) be featured on some of Smule’s global social media channels and blog and (iii) be featured on Smule 1-1 show. No cash or other prize substitution shall be permitted. The prize is nontransferable. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Smule to use Winner’s name, likeness, image and performance entry for purposes of advertising, trade and perpetual use in the Smule products and services without further compensation, unless prohibited by law.
- Odds: The odds of winning depend on the number of eligible entries received, the amount of social media shares of the performance and Smule’s judgement as to its fit for the Smule platform, community and brand at its sole discretion.
- Winner Selection and Notification: Winner will be selected by Smule at its sole discretion. Winner will be notified by email within ten (10) days following selection of Winner and no later than April 29th, 2020. Smule shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information or failure to accept push notifications from the Smule platform. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations and complying with the Smule Terms of Service and the Smule Community Guidelines. To the extent that Smule is required by a copyrights holder to remove a recording due to copyright violation, deems a recording violating applicable law or the Smule Terms of Service and the Smule Community Guidelines, Smule reserves all rights to remove any violating content from the Smule platform. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT SMULE‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
- Rights Granted by You: By submitting the performance to the #SmuleTrendsetter Contest, You understand and agree that Smule, anyone acting on behalf of Smule, and Smule’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the world, without limitation, your performance, entry, name, username, portrait, picture, voice, likeness, image, and statements about the #SmuleTrendsetter Contest for news, publicity, information, trade, advertising, public relations, and promotional purposes or otherwise use it in the Smule platform, without any further compensation, notice, review, or consent. By submitting Your performance to the #SmuleTrendsetter Contest, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights and agree to assign all intellectual property rights in the submitted performances to Smule and refrain from licensing or selling such content to any other third party and otherwise abide by the terms of Section 10 of the Smule Terms of Service. If Your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Smule. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Smule from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Smule may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
- Terms & Conditions: Smule reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the #SmuleTrendsetter Contest should virus, bug, non-authorized human intervention, fraud, or other cause beyond Smule’s control corrupt or affect the administration, security, fairness, or proper conduct of the #SmuleTrendsetter Contest or for any other reason. In such a case, Smule may select the Winner(s) from all eligible entries received prior to and/or after (if appropriate) the action taken by Smule. Smule reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the #SmuleTrendsetter Contest or website or violates these Terms & Conditions or the Smule Terms of Service. Smule has the right, in its sole discretion, to maintain the integrity of the #SmuleTrendsetter Contest, to void submissions for any reason, including, but not limited to submission of non-original performances that requires a license from a third party. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the #SmuleTrendsetter Contest may be a violation of criminal and civil laws. Should such attempt be made, Smule reserves the right to seek damages to the fullest extent permitted by law. Smule may change the #SmuleTrendsetter Contest terms at any time effective immediately upon such change.
- Limitation of Liability: By entering, You agree to release and hold harmless Smule and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the #SmuleTrendsetter Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the #SmuleTrendsetter Contest; (v) electronic or human error in the administration of the #SmuleTrendsetter Contest or the processing of entries.
- Disputes: The Governing Law, Arbitration Provision and Venue sections of the Smule Terms of Service apply to the #SmuleTrendsetter Contest.
- Sponsor: The Sponsor of the #SmuleTrendsetter Contest is Smule, Inc. (“Smule”), 139 Townsend Street, San Francisco, California, U.S.A.
- By entering into the #SmuleTrendsetter Contest, You, have affirmatively reviewed, accepted, and agreed to these #SmuleTrendsetter Contest Terms.