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 users 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 Friday, May 15th, 2020 at 12:00, Pacific Standard Time, and ending Sunday, May 24th, 2020 at 23:55, Pacific Standard Time. All entries must be received by Sunday, May 24th, 2020 at 23:55, Pacific Standard Time.
- How to Enter: The #SmuleTrendsetter Contest must be entered sharing a performance from the #SmuleTrendsetter playlist inviting others to listen to that performance 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 receive 3-day VIP access. 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. The VIP prize expires 3 days after being activated.
- Odds: The odds of winning depend on the number of eligible entries received, the number of social media shares of performances from the #SmuleTrendsetter playlist, and Smule’s judgment 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 an in-app message inviting him or her to activate the 3-day VIP access within ten (10) days following selection of Winner and no later than Wednesday, June 10th, 2020. The in-app message will contain the button to activate the 3-day VIP. Smule shall have no liability for Winner’s failure to receive notices due to failure to accept push notifications from the Smule platform or failure to see the in-app message sent upon winning. The 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 participating in 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 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.
- 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. 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 an 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.