DISTRIBUTED CREATION INC. D/B/A SPLICE AND KSHMR "SOUNDS OF KSHMR" CONTEST
OFFICIAL CONTEST RULES
NO PURCHASE NECESSARY TO ENTER OR WIN THIS CONTEST. VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE REGISTRATION OR BONDING REQUIRED.
These Official Rules (the “Rules”) govern your participation in KSHMR "Sounds of KSHMR" Contest (the “Contest”). Participation in the Contest constitutes your full and unconditional agreement to and acceptance of these Rules as well as the Distributed Creation Inc. d/b/a Splice (“Splice”) Terms of Service posted at http://splice.com/terms (the “Terms”), so, it is important that you read and understand them. To the extent there is a conflict between these Rules and the Terms, these Rules will govern.
- Summary of Material Terms. As provided in greater detail in these Rules (and without limiting the express language of these Rules), you acknowledge the following:
- You may only publish your Entry on Splice and the Third Party Sites (as defined below), and only if you comply with these Rules.
- You may not use any third party’s content in your Entry unless you have the express permission of that third party or the content is in the public domain.
- Sponsor. The Contest is sponsored and run by Splice (the“Sponsor”), headquartered at 36 East 20thStreet, 4th Floor, New York, New York 10003.
- Entry Period. The Contest begins at or about 12:00 PM ET, August 18 2015. You may enter the Contest by creating original songs on https://splice.com/kshmr/sounds-of-kshmr-contest (the “Contest Page”) from 12:00 PM ET, August 18 2015 until 12:00 PM ET, September 10 2015.
- Eligibility. The Contest is offered only to natural persons at least 18 years of age and at least the age of majority in the person’s jurisdiction of residence as of the date of entry. If you are the parent or legal guardian of a child between the ages of 13 and 18, you may enter the Contest on behalf of your child, in which case (i) both you and your child will be considered "you" for purposes of these Rules, and (ii) you are solely responsible and liable for ensuring your child's full compliance with these Rules. Employees, independent contractors, officers, and directors of Sponsor, their respective shareholders, agents, representatives affiliates, subsidiaries, advertising, promotion and fulfillment agencies, and legal advisors (“Sponsor Parties”), and the immediate family members and persons living in the same household of such persons, are not eligible to participate in the Contest.
- How to Enter; License Grant to You. Sponsor offer you a chance to engage in a creative dialogue with KSHMR.
- How to Enter. To enter, create and publish an original song using samples and presets from the "Sounds of KSHMR" demo song and pack available on the Contest Page (the “Stem”). Entries must be submitted through the Contest Page.
- License to Stem. Solely to create an Entry, you may download, reproduce, edit, distribute, publicly perform and create derivative works of the Stem to create an original fully-mixed audio remix of the Stem using the Splice platform (such platform, the “Platform”) (an “Entry”). The Stems are provided for the purpose of the identified Contest only. No further rights are granted in the Stems or vested in you by the act of downloading the Stems.
- Permitted Materials. In addition to the Stem, you may include in your Entry music you create yourself, material in the public domain, and/or other material for which you have express permission to use and license in accordance with these Rules. Elements added by you must not include any viruses, worms, spyware, Trojan horses, malware, or other computer programming routines that may damage or detrimentally interfere with any computer or other device. By submitting an Entry, you represent and warrant that the content in your Entry is remixed by you. IF YOU USE CONTENT THAT YOU ARE NOT AUTHORIZED TO USE, YOU ARE NOT ENTITLED TO ENTER THIS CONTEST AND YOUR ENTRY WILL AUTOMATICALLY BE DISQUALIFIED BY THE SPONSOR AND NOT CONSIDERED BY THE JUDGES OR THE COMMUNITY.
- Qualification. You may enter multiple times, but each individual or group entrant is only eligible for one prize. To be eligible for a prize (described in Section 10), an entrant or group of named entrants must comply with all provisions of these Rules. Sponsor reserve the right to ask you for evidence of such compliance, especially with respect to Section 5.c. Sponsor reserve the right to evaluate each Entry’s eligibility under the Rules as well as for compliance with the U.S. Copyright Act and any and all other applicable laws. Entries may be removed from the Contest Page and disqualified from the Contest at Sponsor's discretion.
- Format of Entries; License Grant and Ownership. By entering this Contest, you hereby assign away and transfer any and all rights in your Entry on a worldwide, perpetual, irrevocable and royalty-free basis, for any and all purposes including, but not limited to, display, public performance, posting for streaming and/or download, making of derivative works, reproduction, distribution, and all other means of exploitation of the Entries. By entering this Contest, you agree: (a) that Sponsor have the right to use your Entry and your name and likeness in any and all media in and in connection with promotion, publicity, marketing and advertising for and by Sponsor, and in connection with this Contest or other promotions by Sponsor as Sponsor see fit without any further notification or compensation to or of you; (b) that Sponsor have no obligation (express or implied) to use any Entries in any manner and you will not be entitled to any damages or other relief by reason of Sponsor's use or non-use of an Entry; and (c) to be bound by these Rules. By entering this Contest, you agree to sign and deliver to Sponsor such documents as Sponsor may reasonably require to effectuate the rights and obligations granted in these Rules.
- What Others May Do With Your Entries. All eligible entries will be made available to the Platform’s registered users (the “Community”) for voting.
- Prizes. One (1) Judge’s Grand Prize winner will be determined by the criteria outlined in Judging, Section 11. Five (5) Runner ups will be determined by criteria outlined in Judging. One (1) Community prize will be determined by criteria outlined in Judging.
- Judge’s Grand Prize (One (1) will be awarded): $600 travel stipend, an hour (or more) of studio time with KSHMR in Los Angeles, CA, and all access pass to KSHMR's first show at The Fonda Theatre on September 19th. The approximate retail value (“ARV”) of the Judge’s Grand Prize is $1000 (USD).
- Five (5) Runner ups will be awarded detailed written feedback on their entries from KSHMR. The approximate retail value (“ARV”) of the Judge’s Grand Prize is $500 (USD).
- One (1) Community prize will be a 1 year subscription to Splice Sounds. The approximate retail value (“ARV”) of the Judge’s Grand Prize is $100 (USD).
Sponsor may modify or edit winning Entries to ensure the audio quality or for any purpose that Sponsor deem necessary or desirable. Sponsor may undertake, or instruct its representatives to undertake, such reasonable editing or modifications. All prize expenses and/or services not specified herein are not included and are the sole responsibility of the winner(s). No alternative prize, cash equivalent, or other substitution is permitted except by Sponsor, at Sponsor's sole discretion, in the event of prize unavailability. Prizes are nontransferable. All federal, provincial, state and/or local taxes are the sole responsibility of the winners.
- Judging. The Judge’s Grand Prize winner and five runner ups will be chosen by KSHMR. KSHMR will judge entrants by the originality and quality of their Entries. The community prize is the most voted on or "liked" entry by the community.
- Final Decision. All grading decisions are final. Sponsor may disqualify any Entry that is, in Sponsor's discretion, inappropriate, offensive or demeaning to Sponsor's reputation or goodwill, or contrary to Sponsor's mission or these Rules. Once the grading of the Entries is complete, Sponsor will notify the winners via email using the information submitted by the entrants in their Splice user profile. If a winner fails to respond within 14 days of the date of the notification, that winner will be disqualified and the next highest scoring remix will be selected as an alternate winner for the applicable prize and notified according to this procedure.
- Indemnification. By submitting an Entry, you agree to indemnify, defend, and hold Sponsor's Parties harmless from: (a) any and all claims, demands, causes of action and judgments (including attorney’s fees, court costs and expert’s fees) arising out of or relating to any breach by you of the terms and conditions of these Rules, including any representations and warranties; (b) telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind; (c) any condition caused by events beyond Sponsor's control that may cause the Contest to be disrupted or corrupted; (d) any printing or typographical errors in any materials associated with the Contest; and (e) any other losses, damages, rights, claims and actions of any kind in connection with or resulting from participation in the Contest or acceptance of any prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy.
- General Terms and Conditions. Sponsor reserves the right, in their sole discretion, to suspend or cancel Contest at any time if a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the Contest. Sponsor may revise these Rules at any time in their sole discretion by posting an updated version. Any Rules will be effective upon posting, and your continued participation in the Contest after a change to these Rules constitutes your binding acceptance to these Rules. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, or the rights and obligations of participant and Sponsor in connection with the Contest, will be 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 or provisions (whether of the State of New York or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of New York. The exclusive jurisdiction and venue of any action arising out of or related to this Agreement will be either the state or federal courts in New York, New York, and you agree and submit to the personal and exclusive jurisdiction and venue of these courts. The Sponsor Parties are express third party beneficiaries of Section 13 of these Rules.
- Winners List/ Rules. A copy of these Rules and a winners list may be obtained by sending an email request to email@example.com. Requests for winners list must be received by July 10 2015.