DISTRIBUTED CREATION INC. D/B/A SPLICE
KASKADE/FUN REMIX 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 the Kaskade/Fun Remix 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.
1. 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:
- Arkade Made, LLC (the “Label”) will own all right, title, and interest in and to your Entry; provided, that if do not win the Judge’s Grand Prize, then you retain all right, title, and interest in and to your original contributions to your Entry.
- You may only publish your Entry on Splice, 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.
- Sponsors. The Contest is sponsored and run by Splice, headquartered at 35 East 21st Street, 4th Floor, New York, New York 10003 (the “Sponsor”).
- Entry Period. The Contest’s audio elements will go online at or about 12:00pm Eastern Time, June 15, 2018. You may enter the Contest by creating remixes on https://splice.com/ArkadeMade/fun-remix (the “Contest Page”) from about 12:00pm Eastern Time, June 15, 2018 until 11:59pm Eastern Time, July 13th, 2018.
- 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. Employees, independent contractors, officers, and directors of Sponsor’s, Label’s, or their respective shareholders, agents, representatives, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, and legal advisors, 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. To the extent your Entry is selected by Sponsor as one of the top ten (10) Entries in the Contest, you may have a chance to engage in a brief creative dialogue (via email, text, skype or phone, as determined by Artist) with Label’s recording artist p/k/a Kaskade (“Artist”), subject to Artist’s availability and at such time as designated by Artist.
- How to Enter. To enter, create and publish a remix of Kaskade’s “Fun” clip that is 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”), and publish your Entry on the Platform. 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, it being understood that, notwithstanding anything to the contrary, you shall not, under any circumstance, acquire any rights in and to the Stem. In addition, you shall have no rights of any kind to use the name, likeness and/or image of Artist in any manner whatsoever, including, without limitation, in connection with your Entry and/or this Contest.
- Permitted Materials. In addition to the Stem, you may only 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 SPONSORS AND NOT CONSIDERED BY THE JUDGES OR THE COMMUNITY.
- Representations and Warranties. Without limiting anything in the Terms, you represent and warrant that, with the exception of the Stem, your Entry is original and does not infringe any third party’s rights, and that no clearances or permissions are necessary for Licensor to exploit your Entry (including, without limitation, from any record label).
- 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. Sponsor reserves the right to ask you for evidence of such compliance, especially with respect to Section 5.c. Sponsor 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 Contest Page and disqualified from the Contest at Sponsor’s discretion.
- Format of Entries; License Grant and Ownership.
- Assignment. 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. Entrants agree that the Label, or Label’s designee, will, from inception, own all right, title and interest in each Entry (including, but not limited to, the copyrights in the sound recording) in perpetuity, free from any claims by you or any other person. If your Entry wins the Judge’s Grand Prize (the “Winning Entry”), then you will have no ownership rights or interest whatsoever in the Winning Entry, and will not commercially use or exploit the Winning Entry in any manner whatsoever, except as set forth in these Rules.
- Exception for Non-Winning Entries. Notwithstanding anything to the contrary above, as between you and the Label, or Label’s designee, if your Entry is not the Winning Entry, then you will own the rights to the original elements of such Entries solely to the extent created by you, when such original elements are separated from the Stems and so long as such original elements do not infringe Label’s rights in the Stems.
- Additional Requirements. By entering this Contest, you agree: (a) that Sponsor and/or Label 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/or Label, and in connection with this Contest or other promotions by Sponsor and/or Label as Sponsor and/or Label see fit without any further notification or compensation to or of you; (b) that Label may exploit the Winning Entry freely throughout the world, in perpetuity, in any and all formats, without any payment or obligation whatsoever to you or any third party, and accordingly, Label will not be obligated to pay you (and/or any third party deriving rights through you) any royalties or fees (including mechanical royalties) in connection with its exploitation and/or use of the Winning Entry; (c) if your Entry is the Winning Entry, you are not the writer or author of any composition embodied in the Winning Entry (and did not otherwise contribute to such composition), and accordingly, have no interest in and to such composition (financial or otherwise); (d) that Sponsor and/or Label 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 and/or Label’s use or non-use of an Entry; and (e) to be bound by these Rules. By entering this Contest, you agree to sign and deliver to Sponsor and/or Label such documents as Sponsor and/or Label may 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. Neither Label nor Splice will commercially exploit any non-winning Entry without your prior consent.
- Prizes. One (1) Judge’s Grand Prize winner and one (1) Community Grand Prize winner will be determined by the criteria outlined in Section 11.
- Judge’s Grand Prize (One (1) will be awarded): (i) a round trip flight and one-night stay in Long Beach, California (maximum budget of $1,000.00) to perform at the Sun Soaked festival taking place on July 21, 2018 in Long Beach, California (the “Event”), which such performance shall be at a time, and for such duration, determined by Label in its sole discretion and shall be subject to all performer guidelines, rules and restrictions applicable to other performers at the Event, (ii) an official release of the Winning Entry by Label through Label’s customary digital distribution channels in the Unites States (or such other territories as determined by Label) at such time determined by Label in its sole discretion, provided that the winner signs and delivers all necessary and customary paperwork in a form satisfactory to Label, under which such winner assigns all rights and interest to the Winning Entry to Label in accordance with these Rules, and (iii) a year’s subscription to Splice Sounds. The approximate retail value (“ARV”) of the Judge’s Grand Prize is $1500 (USD) (“Grand Prize”).
- Community Grand Prize (One (1) will be awarded): a year’s subscription to Splice Sounds. The approximate retail value (“ARV”) of the Community Grand Prize is $95.88 (USD).
Label may modify or edit winning Entries to ensure the audio quality or for any purpose that Label deem necessary or desirable. Label 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. Notwithstanding anything to the contrary, as a condition to the winner receiving the Judge’s Grand Prize, the winner must sign and deliver a release and waiver which releases the Sponsor/Label Parties (as defined below) from all liability in connection with the Contest.
- Judging. The Judge’s Grand Prize winner will be chosen by Sponsor in consultation with Artist. Entrants will be judged 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 Contest 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. If the Entry with the most "likes" already has a free Splice Sounds account or is deemed ineligible by Splice, the Community Pick prize will be given to the Entry with the next most amount of "likes".
- Final Decision. All grading decisions are final. Sponsor or Label may disqualify any Entry that is, in Sponsor or Label’s discretion, inappropriate, offensive or demeaning to Sponsor’s or Label’s reputation or goodwill, or contrary to Sponsor’s or Label’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 2 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 harmless Sponsor, Label and Artist, and each of their respective affiliates, designees, parents, subsidiaries, employees, directors, officers, representatives and agents (individually and collectively, the “Sponsor/Label Parties”) 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/Label Parties control that may cause the Contest to be disrupted or corrupted; (d) any printing or typographical errors in any materials associated with the Contest; (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; and (f) Label’s use of any Entry as set forth in these Rules.
- YOU ACKNOWLEDGE THAT ANY ACCEPTANCE, PARTICIPATION IN THE CONTEST, AND/OR RECEIPT OR USE OF ANY PRIZE IS SOLELY AT YOUR OWN RISK. THEREFORE, YOU, ON BEHALF OF YOURSELF AND YOUR ASSIGNS, HEIRS, DEVISEES AND ESTATE (COLLECTIVELY, “SUCCESSORS”), HEREBY UNCONDITIONALLY AND FOREVER RELEASE, DISCHARGE AND AGREE TO HOLD HARMLESS THE SPONSOR/LABEL PARTIES, ALONG WITH EACH OF THEIR SHAREHOLDERS, AGENTS, REPRESENTATIVES, AFFILIATES, SUBSIDIARIES, ADVERTISING, PROMOTION AND FULFILLMENT AGENCIES, AND LEGAL ADVISORS (COLLECTIVELY, “RELEASED PARTIES”), FROM ANY AND ALL CLAIMS, JUDGMENTS, COSTS, DAMAGES, LOSSES, EXPENSES AND LIABILITIES (WHETHER ARISING UNDER A THEORY OF CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER THEORY) RELATING TO ANY CLAIM YOU MAY NOW OR HEREAFTER HAVE WITH RESPECT TO ANY DEATH, PERSONAL INJURY, PROPERTY DAMAGE, PECUNIARY LOSS OR OTHER LOSS, DAMAGE, COST OR EXPENSE (COLLECTIVELY, “HARM”) THAT MAY BE SUFFERED BY YOU OR ANY THIRD PARTY AS A RESULT OF THE CONTEST, ANY USE BY THE SPONSOR/LABEL PARTIES OF YOUR NAME, VISUAL LIKENESS OR BIOGRAPHICAL DATA, OR IN CONNECTION WITH YOUR ACCEPTANCE, PARTICIPATION IN, USE OF AND/OR INABILITY TO USE ANY PRIZE AWARDED TO YOU, EVEN IF SUCH HARM IS CAUSED SOLELY BY THE RECKLESSNESS, NEGLIGENCE OR FAULT OF ONE OR MORE RELEASED PARTIES.
- General Terms and Conditions. Sponsor reserves the right, in their sole discretion, to suspend or cancel the 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 changes will be effective upon posting, and your continued participation in the Contest 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 Sponsors 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. All Sponsor/Label Parties are express third party beneficiaries of Sections 12 and 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 protected] Requests for winners list must be received by August 10, 2018.