Firestarter: ATL Trap Terms

FIRESTARTER CAMPAIGN RULES

DISTRIBUTED CREATION INC. D/B/A SPLICE Firestarter: ATL Trap Campaign

OFFICIAL CAMPAIGN RULES

NO PURCHASE NECESSARY TO ENTER OR WIN THIS Campaign.  VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE REGISTRATION OR BONDING REQUIRED.

These Official Rules (the “Rules”) govern your participation in the Firestarter: ATL Trap Campaign (the “Campaign”). Participation in the Campaign 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.

1. Summary of Material Terms. As provided in greater detail in these Rules (and without limiting the express language of these Rules), you acknowledge that 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.

2. Sponsor. The Campaign is sponsored and run by Splice, headquartered at 35 East 21st Street, 4th Floor, New York, New York 10003.

3. Entry Period. The Campaign will go online at or about 12:00pm, March 26th, 2018. You may enter the Campaign by creating remixes on https://splice.com/splice/firestarter-trap (the “Campaign Page”) from 12:00pm, March 26th, 2018 until 11:59pm, April 4th, 2018.

1. Eligibility. The Campaign 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 Campaign 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 Splice, its respective shareholders, agents, representatives, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, and legal advisors (“Splice Parties”), and the immediate family members and persons living in the same household of such persons, are not eligible to participate in the Campaign.  

1. How to Enter; License Grant to You. Splice offers you a chance to engage in a creative dialogue with the Splice community.  

1. How to Enter. To enter, create and publish an original song that is derived from a work submitted to any of the previous Firestarter campaigns on Splice or tagged with the #Firestarter tag, using the Splice platform (the “Platform”). The original work must be from another Splice user. Entries must be submitted through the Campaign Page and must include the name of the user who created the original work that the derivative final submission is made from.

1. Permitted Materials. You may include in your Entry the following materials: 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. Reach out to the user who’s material you want to work with to get clearance and rights clarity on your submissions. IF YOU USE CONTENT THAT YOU ARE NOT AUTHORIZED TO USE, YOU ARE NOT ENTITLED TO ENTER THIS Campaign AND YOUR ENTRY WILL AUTOMATICALLY BE DISQUALIFIED BY SPLICE AND NOT CONSIDERED BY THE JUDGES OR THE COMMUNITY.

1. 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 9), an entrant or group of named entrants must comply with all provisions of these Rules. Splice reserves the right to ask you for evidence of such compliance, especially with respect to Section 5.b. Splice reserves 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 Campaign Page and disqualified from the Campaign at Splice’s discretion.

1. Format of Entries; License Grant and Ownership. Unless otherwise agreed to by the creator of the original material and the creator of the final submission, each user will own 50% of the rights in final Entry.  By entering this Campaign, you grant Splice a perpetual, irrevocable royalty-free, worldwide license to use and exploit your Entry on the Platform. However, Splice will not commercially exploit any Entry without your prior consent.  By entering this Campaign, you agree: (a) that Splice has 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 Splice, and in connection with this Campaign or other promotions by Splice as Splice sees fit without any further notification or compensation to or of you; (b) that Splice has 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 Splice’s use or non-use of an Entry; and (c) to be bound by these Rules. By entering this Campaign, you agree to sign and deliver to Splice such documents as Splice may reasonably require in connection with this Rules.  

1. What Others May Do With Your Entries. All eligible entries will be made available to the Platform’s registered users (the “Community”) for voting.  

1. Prizes. As determined by the Splice staff at the end of the contest, 3 (three) submissions will be chosen to be featured on the contest page, Splice newsletter, and blog.

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 Splice, at Splice’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.

1. Judging. The Judge’s Grand Prize winner will be chosen by the Splice Staff. The Splice Staff will judge entrants by the originality and quality of their Entries. The Community Grand Prize winner will be determined by the number of votes an Entry obtains from the Community, subject to Campaign eligibility. The Community will judge Entries by originality and quality; the Entry with the most “likes” on the Platform will win the Community Grand Prize.  

1. Final Decision. All grading decisions are final. Splice may disqualify any Entry that is, in Splice’s discretion, inappropriate, offensive or demeaning to Splice’s reputation or goodwill, or contrary to Splice’s mission or these Rules. Once the grading of the Entries is complete, Splice 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.

1. Indemnification. By submitting an Entry, you agree to indemnify, defend, and hold the Splice 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 Splice’s control that may cause the Campaign to be disrupted or corrupted; (d) any printing or typographical errors in any materials associated with the Campaign; and (e) any other losses, damages, rights, claims and actions of any kind in connection with or resulting from participation in the Campaign 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.  

1. General Terms and Conditions. Splice reserves the right, in their sole discretion, to suspend or cancel Campaign at any time if a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the Campaign. Splice may revise these Rules at any time in their sole discretion by posting an updated version.  Any Rules changes will be effective upon posting, and your continued participation in the Campaign after a change to these Rules constitutes your binding acceptance of these Rules. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, or the rights and obligations of participant and Splice in connection with the Campaign, 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 Splice Parties are express third party beneficiaries of Section 12 of these Rules.

1. Winners List/ Rules. A copy of these Rules and a winners list may be obtained by sending an email request to support@splice.com. Requests for winners list must be received by June 30th, 2018.

1. Privacy. By entering into this Campaign you consent to the use of your Personal Information as set out in the Splice Privacy Policy available at: https://splice.com/privacy_policy.  Splice may use the name of any and all winners to promote Splice and the Campaign.

1. DMCA Compliance. Splice complies with the provisions of the Digital Millennium Copyright Act (the “DMCA”). In compliance with the DMCA, a Designated Agent has been established with proper documentation sent to the U.S. Copyright Office. If you have a concern regarding the use of copyrighted material on the Platform, please refer to our Terms of Use https://splice.com/terms for information on how to submit a notice of claimed infringement to Splice’s designated agent.