#HolidayChallenge Contest Terms and Conditions
Smule Inc., 139 Townsend Street, Suite 300, San Francisco, CA 94107
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
Eligibility: This Campaign is open only to those who with an active Smule account and who are 18 years or older as of the date of entry. The Campaign is only open to legal residents of the United States and Canada and is void where prohibited by law. Employees of Smule, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Your Smule account is subject to the Terms of Service located at https://www.smule.com/en/termsofservice.
Agreement to Rules: By participating, the Participant (“You”) agree to be fully and unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Smule as final and binding as it relates to the content of this Campaign.
Campaign Period: Entries will be accepted online starting Dec 1st, 2018 and ending on Dec 31 2018.
How to Enter: The Campaign must be entered by creating a Smule profile (if you are new to the platform) or logging into your existing Smule profile (if you have an existing account) and participating in every daily challenge that is aligned with Smule’s #HolidayChallenge, which can be found on the Smule app. If You do not participate in each daily challenge, You will not be eligible to win.
The Winner(s) of the Campaign (the “Winner”) will receive 1 11-Inch iPad Pro – 64GB. Winner must complete all 31 daily challenges within the 31 day period. Prize has an approximate retail value of $799.
Odds: The odds of winning depend on the number of eligible entries received.
Winner Selection and Notification: Winner will be randomly selected by Smule amongst eligible participants that completed all 31 daily challenges. Winner will be notified via the email (associated with their Smule account) within five (5) days following selection of Winner. Smule shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 30 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. 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. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT SMULE 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 entering this content (e.g., photo, video, text, etc.), You understand and agree that 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, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. By entering this content, You represent and warrant that your entries are original works of authorship, and do not violate any third party’s proprietary or intellectual property rights. If your entries infringe upon the intellectual property right of another, You will be disqualified at the sole discretion of Smule. If the content of any of your entries is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Smule from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Smule may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
Terms & Conditions: Smule reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign 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 Campaign. In such case, Smule may select the Winner 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 Campaign or website or violates these Contest Rules. Smule has the right, in its sole discretion, to maintain the integrity of the Campaign, to void entries for any reason, including, but not limited to: multiple entries from the same user from different Smule accounts; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, Smule reserves the right to seek damages to the fullest extent permitted by law.
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 Campaign 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 Promotion; or (v) electronic or human error in the administration of the Promotion or the processing of entries.
Disputes: THIS CAMPAIGN IS GOVERNED BY THE LAWS OF USA AND CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in California having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
Sponsor: The Sponsor of the Campaign is Smule.
By participating in the contest, You, the Contestant, have affirmatively reviewed, accepted, and agreed to all of the Contest Rules.