Official Rules for Scene to Watch: At Home Edition
NO PURCHASE IS NECESSARY TO ENTER OR WIN. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, TWITTER. VOID WHERE PROHIBITED.
ELIGIBILITY: Contest is open to legal U.S. residents and 13 or older. An eligible minor must have a parent’s or legal guardian’s permission to participate. Employees of SoundCloud, Inc. (“Sponsor”), and its parent, subsidiaries, affiliates and advertising and promotion agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Void where prohibited by law. Contest is subject to all applicable federal, state and local laws. By participating, each entrant (“Entrant”) (and, if an eligible minor, his/her parent or legal guardian) agrees to abide by these Official Rules and decisions of Sponsor and judge(s), which shall be final and binding in all respects relating to this Contest.
HOW TO ENTER: Between 3pm ET on April 20, 2020 and 11:59pm ET on April 28, 2020 (“Contest Period”), upload a single photo of your home studio (“Photo”) in the comments section of SoundCloud’s tweet that day on Twitter (“Entry”). Entry must be wholly original to Entrant and owned by Entrant. Entry should include no individuals other than yourself. If another individual takes the Photo for you, you must obtain his/her permission to submit the Photo and grant the rights set forth herein. Limit one (1) Entry per Entrant for the entire Contest Period. Multiple Entries from any Entrant will be void. If you do not have a Twitter account, establishing an account is free. All Twitter and/or SoundCloud terms apply, as applicable. Your Twitter account must be set to “public” in order for your entry to be eligible. You can return the applicable account to “private” any time after the winner has been announced.
By participating, each Entrant agrees to abide by these Official Rules and decisions of Sponsor and judge(s), which shall be final and binding in all respects relating to this Contest.
Sponsor reserves the right to allow for minor deviations from the guidelines and restrictions set forth herein, based on clear intent to comply with these Official Rules, as determined by Sponsor in its sole discretion. All Entries become the sole property of the Sponsor and will not be returned.
CONTENT RESTRICTIONS: Entry may not contain, as determined by Sponsor in its sole discretion, any content that:
- is sexually explicit or suggestive, violent or derogatory, profane or pornographic;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or use of any of the foregoing);
- promotes any activities that are unsafe or dangerous;
- promotes any particular political agenda or message;
- is obscene or offensive;
- endorses any form of hate or hate group;
- defames, misrepresents or contains disparaging remarks about Sponsor, its products or services, or other people or companies;
- contains materials embodying the names, likenesses, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
- contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
- communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or
- violates any law or regulation.
Entry must be the original work of the Entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the Entrant, and/or which are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any Entrant at any time. Failure to provide such proof may, if requested, render Entry null and void.
By submitting an Entry, Entrant (and, if an eligible minor, his/her parent or legal guardian) represents and warrants that the Entry conforms to these Official Rules and understands that Sponsor, in its sole discretion, may disqualify the Entry for any reason, including if it determines, in its sole discretion, that the Entry fails to conform to these Official Rules in any way or otherwise contains unacceptable content as determined by Sponsor, in its sole discretion.
USE OF ENTRIES /PUBLICITY GRANT: Entrant will own all rights in and to the Entry (or any portion thereof); however, by submitting an Entry, Entrant (and, if an eligible minor, Entrant’s parent or legal guardian) hereby waives all moral rights in and to the Entry and grants to Sponsor and its designees, successors and assigns an irrevocable, perpetual, unlimited, royalty-free, fully paid-up license to reproduce, distribute, display, exhibit, edit, modify, publicly perform, create derivative works based upon, or otherwise exploit the Entry (and all elements of such Entry), together or separate from Entrant’s name, city and state of residence, image or likeness, in any and all media now known or hereafter devised, in any manner, in whole or in part, throughout the world in perpetuity, for all legal purposes, including commercial, advertising, promotional and other purposes, without further compensation, notification or permission. Entrant agrees that, if required by Sponsor, Entrant (and, if an eligible minor, Entrant’s parent or legal guardian) will sign documents to this effect and will provide Sponsor with a high resolution copy of the Photo. The winning Entry may be retweeted or used in marketing materials produced to promote SoundCloud. Released Parties (as defined below) are not responsible for any unauthorized use of Entries by third parties. Sponsor has no obligation to make use of the rights granted herein.
WINNER DETERMINATION: Following the conclusion of each day during the Contest Period, all eligible Entries received that day will be judged by a panel of qualified judges based on the following equally weighted criteria: (1) level of creativity, (2) best use of space, and (3) incorporation of Entrant’s personality (the “Criteria”). The Entry that receives the highest score will be deemed the potential winner(s) for that day. In the event of a tie for any prize, a tie-breaker judge will judge the tied entries using the Criteria to determine the winner for that prize. Sponsor reserves the right to not award a prize if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries for that prize. All decisions of the Sponsor and judges are final and binding. Sponsor will not reveal the judging scores for any entry.
WINNER NOTIFICATION: Potential winners (and, if eligible, minors, their parents or legal guardians) will be notified by direct message via Twitter (the “Notification”) and required to execute an Affidavit of Eligibility and a Liability and Publicity Release (unless prohibited by law), which must be returned within the specified time period.
Failure of potential winner to respond to the Notification within the time stated in such Notification, failure to sign and return requested documentation within the specified time period, the inability of Sponsor to contact the potential winner within a reasonable time period, or noncompliance with these Official Rules by the potential winner may result in disqualification and, at Sponsor’s sole discretion, a runner-up may be notified.
PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”) (ONE WINNER (1) PER DAY): Approximate Retail Value (“ARV”): $300 – $2,100. Each day during the Contest Period, one (1) winner will be selected and awarded a prize package consisting of one or more individual items offered that day. The details of each prize package (e.g., number, elements, brand, ARV) will be announced daily in a tweet via Twitter. Any information contained in such Tweets shall be considered incorporated by reference into these Official Rules.
Prizes are awarded “as is” with no warranty or guarantee, either express or implied. All federal, state and local taxes, if any, and all other costs and expenses associated with prize acceptance and use not specified herein as being provided are the sole responsibility of the winners. Winners may not substitute, assign or transfer prize(s), but Sponsor reserves the right, at its sole discretion, to substitute a prize (or a portion thereof) with one of comparable or greater value. Prizes are not redeemable for cash. All prize details are at Sponsor’s sole discretion. Limit one (1) prize package per person during the Contest Period. Prizes will be shipped to winner at the address provided at time of winner confirmation.
RELEASE OF LIABILITY: By participating, each Entrant (and, if an eligible minor, his/her parent or legal guardian) agree to release, indemnify, discharge and hold harmless Sponsor, its parent, affiliates, subsidiaries, and advertising and promotion agencies, Twitter, and the respective officers, directors, shareholders, employees, agents and representatives of the foregoing as well as any individuals involved in any aspect of any renovation, including, without limitation, contractors, workers and suppliers (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from Entrant’s participation in the Contest or any Contest-related activity, the acceptance, possession, use or misuse of a prize and/or Sponsor’s use of the rights granted herein.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
DISPUTES: To the extent permitted by applicable law, by entering the Promotion, you agree that any and all disputes, claims and causes of action arising out of the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court located in New York, NY.All issues and questions concerning these Official Rules, your rights and obligations, or Sponsor’s rights and obligations shall be governed by the laws of the State of New York, without giving effect to any choice of law or conflict of law rules.
GENERAL CONDITIONS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries, email or mail; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of Entries, the announcement of the prizes, the functionality of any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or any website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winners at issue from all eligible, non-suspect Entries received prior to action taken using the judging procedure outlined above or as otherwise deemed fair and appropriate by Sponsor. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
REQUEST FOR WINNERS LIST: For the names of the winners each day (available beginning 4/21/20), send an email to: email@example.com by no later than thirty days after the end of the Contest.
Sponsor: SoundCloud Inc., 71 5th Ave, Floor 5, New York City, NY 10010.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Twitter.