In addition to the Smule Terms of Service and the Smule Community Guidelines, the following #90sChallenge Terms (“Rules”) shall apply:
1. Eligibility: This #90sChallenge (“Contest”) is open only to Smule registered users who record a performance and who are at least 18 years old as of the date of entry and reside in a country or territory outside of the Excluded Regions. The Contest is subject to all applicable federal, state, and local laws and regulations and is void in Austria, Belgium, Bolivia, Brazil, Quebec, Canada, China, Croatia, Czech Republic, Dominican Republic, Ecuador, Egypt, Estonia, Finland, Hungary, Indonesia, Lebanon, Lithuania, Malaysia, Malta, Mexico, Oman, Philippines, Poland, Qatar, Romania, Russia, Saudi Arabia, Singapore, Slovakia, Sweden, the Indian state of Tamil Nadu, Turkey, United Arab Emirates, Venezuela, and where prohibited by law (“Excluded Regions”).
2. Agreement to Rules: By participating, the Contestant (“You”) agrees to be fully unconditionally bound by these Rules, the Smule Terms of Service, and the Smule Community Guidelines, and You represent that You meet the eligibility requirements. In addition, You agree to accept the decisions of Smule at its sole discretion and judgment as final and binding as it relates to the content of this Contest.
3. Contest Period: Entries will be accepted online starting on November 4, 2022, at 06:00 am Pacific Standard Time (“PST”) and ending on November 29, 2022 at 11:59 p.m., PST (“Contest Period”). All entries must be received by November 29, 2022 at 11:59, PST.
4. How to Enter: The Contest must be entered by starting or joining a recording of your choice, posting your recorded performance on Smule, and including the Contest hashtag #90sChallenge in the description of the performance (each a “Submission”). Multiple Submissions are permitted. Submissions must fulfill all Contest requirements, as specified, to be eligible to win a Prize. All entries must comply with the Smule Terms of Service and the Smule Community Guidelines. Submissions that are incomplete or do not adhere to the Rules or specifications may be disqualified at the sole discretion of Smule. If You use fraudulent methods or otherwise attempt to circumvent the Rules, your Submission may be removed from eligibility at the sole discretion of Smule. Smule will have no liability related to any recording submission not received by it. By participating in the Contest, each entrant agrees to be contacted by Smule or Smule’s designees via direct message, email, telephone, and/or postal mail regarding the Contest.
5. Prizes: There will be ten (10) winner(s) of the Contest ( each a “Winner”). Each Winner will receive 1-year VIP access to Smule (with any Winner that is a current VIP user to receive such access following the expiration of their then-current subscription) (“Prize”). No cash or other Prize substitution shall be permitted. The Prize is nontransferable. No substitution of Prize or transfer/assignment of Prize to others or request for the cash equivalent by Winner is permitted. Acceptance of Prize constitutes permission for Smule to use Winner’s name, likeness, image, and Submission for purposes of advertising, trade, and perpetual use in the Smule products and services without further compensation unless prohibited by law. The approximate retail value (“ARV”) of each Prize is USD $49.99. The total ARV of all ten (10) Prizes is USD $499,90. All details and other restrictions of Prizes not specified in these Rules will be determined by Smule at its sole discretion. Smule may award fewer Prizes if, in its sole discretion, it does not receive a sufficient number of eligible entries and qualified Submissions. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest promotional or informational materials and the terms and conditions of these Rules, these Rules shall prevail and govern. Each Winner shall be solely responsible for all federal, state, and/or local taxes resulting from acceptance of the Winner’s Prize and the reporting consequences thereof. All other costs and expenses not specifically described herein as part of the Prize are solely the responsibility of the respective Winners.
6. Odds: The odds of winning a Prize are a function of a number of factors, including, without limitation, the number of eligible entries, the skill of the participants, and the creativity, quality, number of listens, likes, and social media shares of the Contestant’s Submission. Precise odds of winning are therefore unavailable.
7. Winner Selection and Notification: Winners will be selected by Smule from all eligible entries based on the creativity, quality, listens, likes, and social medial shares of the Contestants’ Submissions. The ten (10) Contestants whose Submissions receive the highest scores from the eligible entries will be declared potential Prize Winners. Listens, likes, and social media shares of Submissions generated by script, macro, bot, or other automated means or with the intent to impair the judging process will be void. The potential Winners will be notified by direct message and/or email within ten (10) days following the selection of the Winners and no later than December 9, 2022. If a potential Winner does not respond within seventy-two (72) hours of the first notification attempt (or a shorter time if required by exigencies), is found to be ineligible, declines his or her Prize, or if a Prize or Prize notification is returned as unclaimed or undeliverable to the potential Winner, such potential Winner will be disqualified and his/her Prize forfeited and the eligible entrant with the next highest score will be selected as the Winner of the applicable Prize, provided sufficient time remains in Smule’s discretion. 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 or failure to accept push notifications from the Smule platform. It is solely the responsibility of the entrant to notify the Sponsor in writing if the entrant changes the entrant’s email address during the Contest Period.
Receipt by Winner of the Prize offered in this Contest is conditioned upon compliance with any and all federal, state, and local laws and regulations and complying with the Smule Terms of Service and the Smule Community Guidelines. To the extent that Smule is required by a copyrights holder to remove a recording due to copyright violation, or deems that a recording violates applicable law or the Smule Terms of Service and the Smule Community Guidelines, Smule reserves all rights to remove any violating content from the Smule platform. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT SMULE‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By submitting Your Submission to the Contest, You understand and agree that Smule, anyone acting on behalf of Smule, and Smule’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, exploit and otherwise use in any media now known or hereafter developed, in perpetuity and throughout the world, without limitation, your Submission, name, username, portrait, picture, voice, likeness, image, and statements about the Contest for news, publicity, information, trade, advertising, public relations, and promotional purposes or otherwise use it in the Smule platform, without any further compensation, notice review, or consent. By submitting Your Submission to the Contest, You represent and warrant that Your Submission is an original work of authorship and does not violate any law or violate or infringe any third party’s proprietary or intellectual property rights and You agree to abide by the terms of Section 10 of the Smule Terms of Service. If Your Submission violates any law or violates or infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Smule. If the content of your Submission is claimed to constitute an 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.
9. Terms & Conditions: Smule reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest 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 Contest or for any other reason. In such a case, Smule may select the Winner(s) 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 Contest or the Contest website or violates these Terms & Conditions or the Smule Terms of Service. Smule has the right, in its sole discretion, to maintain the integrity of the Contest, to void Submissions for any reason, including, but not limited to Submissions of non-original performances that require a license from a third party. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such an attempt be made, Smule reserves the right to seek damages to the fullest extent permitted by law. These Rules cannot be modified or amended in any way except in a written document issued in accordance with applicable laws by a duly authorized representative of Smule. The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision and in the event any such provision is determined to be invalid or unenforceable, these Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Smule’s failure to enforce any provision of these Rules shall not constitute a waiver of such provision or any other provision of these Rules.
10. Limitation of Liability: By entering, You agree to release and hold harmless Smule and its subsidiaries, affiliates, advertising and promotion agencies, partners, co-sponsors, 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, from: (i) such entrant’s participation in the Contest 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 Contest; (v) electronic or human error in the administration of the Contest or the processing of entries.
11. Disputes: The Governing Law, Arbitration Provision and Venue sections of the Smule Terms of Service apply to the Contest.
13. Sponsor: The Sponsor of the #90sChallenge Contest is Smule, Inc. (“Smule”), 139 Townsend Street, San Francisco, California, U.S.A.
14. By entering into the #90sChallenge, You, have affirmatively reviewed, accepted, and agreed to these #90sChallenge Contest Terms.