The #TrollsBandTogether Contest Terms
In addition to the Smule Terms of Service and the Smule Community Guidelines, the following #TrollsBandTogether Terms (“Rules”) shall apply:
1. Eligibility: This #TrollsBandTogether (“Contest”) is open only to Smule registered users who record a performance and who as of the date of entry are at least 18 years old and reside in Albania, Andorra, Belarus, Bosnia and Herzegovina, Bulgaria, Cyprus, Denmark, France, Germany, Greece, Iceland, Ireland, Italy, Kosovo, Latvia, Liechtenstein, Luxembourg, Moldova, Monaco, Montenegro, Netherlands, North Macedonia, Norway, Portugal, San Marino, Serbia, Slovenia, Spain, Switzerland, Ukraine, United Kingdom, Vatican City, Israel, Jordan, Kuwait, Palestine, Yemen, Central Africa, South Africa, India (excluding Indian state of Tamil Nadu), Argentina, Chile, Colombia, Costa Rica, El Salvador, Guatemala, Haiti, Honduras, Jamaica, Nicaragua, Panama, Paraguay, Peru or Uruguay . The Contest is subject to all applicable federal, state, and local laws and regulations and is void , where prohibited by law.
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 October 19, 2023, at 06:00 am Eastern European Time (“EET”) and ending on November 17, 2023 at 11:59 p.m. EET (“Contest Period”). All entries must be received by November 17, 2023 at 11:59 p.m. EET.
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 #TrollsBandTogether 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. Data rates may apply to Submissions made via Your web-enabled mobile device. See Your wireless service provider for details on rates and capabilities.
5. Prizes: There will be one (1) winner of the Contest (“Winner”). There will be one (1) prize (“Prize”) awarded to the Winner. Prize will consist of one (1) private screening of the movie currently entitled “Trolls Band Together” for Winner and up to twenty-four (24) guests (“Guests”) at a selected movie theater (“Theater”) located in Winner’s hometown or a neighboring city (subject to all applicable capacity restrictions, government regulations, orders, guidelines and recommendations, at any government level) (the “Event”). Smule reserves the right to select and approve the Theater based on Winner’s location and Theater availability in Smule’s sole discretion.
If Winner chooses to partake in any portions of the Prize with fewer than the total number of Guests permitted, or no Guest, the remaining elements of the Prize shall constitute full satisfaction of Smule’s Prize obligation to Winner and no additional compensation will be awarded. Each Guest, if any, may be required to execute and return releases of liability and, where legal, publicity releases (collectively, “Guest Documents”) as a condition of attending the Event. Guests must be eighteen (18) years of age or older as of the start of the Contest Period. Prize does not include incidental charges, extras and/or gratuities. PRIZE DOES NOT INCLUDE ACCOMMODATIONS, PARKING OR TRANSPORTATION. Prize must be redeemed by a date to be determined by Smule and/or Theater in their sole discretion.
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 estimated retail value (“ERV”) of the Prize is USD $500. Actual Retail Value (“ARV”) of Prize may vary. Any difference between ERV and ARV will not be awarded. All details and other restrictions of the Prize not specified in these Rules will be determined by Smule and/or Theater in their sole discretion. 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. Winner shall be solely responsible for all federal, state, and/or local taxes resulting from acceptance of 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 Winner. Prize must be completed by such date designated by Sponsor and/or Theater in their sole discretion or Prize will be forfeited.
Smule shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond Smule’s control and is not responsible or liable for any expenses incurred as a consequence thereof. Date and/or time of Event is subject to change. Event is subject to cancellation. Smule reserves the right to change the date and time of Event subject to production exigencies. Winner and/or Guests, if any, must comply with all applicable venue rules and regulations in connection with Prize.
All parts of the Prize are subject to availability, and subject to change or cancellation without written notice or warning. Should an act of God, hurricane, war, fire, riot, earthquake, act of public enemies, actions of governmental authorities, epidemics, pandemics and the spread of infectious diseases, including without limitation COVID-19 (as defined by the World Health Organization (WHO) and any of the strains, variants or mutations thereof), and any related governmental or judicial actions, including but not limited to travel restrictions, taken in connection with, or as a response to, any such event, or any other event beyond the reasonable control of a party, whether or not existing, known, foreseen or foreseeable at the time this Contest occurs, render the redemption or fulfillment of all or a portion of the Prize delayed, hindered, adversely affected, impracticable, or impossible, Smule in its sole and absolute discretion, reserves the right to evaluate, make modifications to, and restructure the redemption and fulfillment processes and timelines for the Prize, or portion thereof, that Smule is responsible for, which may include, but is not limited to, providing additional time for redemption and/or fulfillment. Sponsor may modify and/or restructure the Prize or portions thereof to comply with government orders or guidelines and Smule’s and/or Theater’s health and safety requirements. In addition, Winner and Guests should be aware of and comply with government guidelines regarding travel restrictions and mandatory quarantines before traveling. Should the Prize, or a portion thereof, become unavailable Smule shall make reasonable efforts to provide Winner with substitute experiences and/or items of a similar nature and value for that portion of the Prize that is unavailable. If no substitute prizing is reasonably available then the remaining components, if any, of the Prize shall constitute full satisfaction of Smule’s Prize obligation to Winner, and no other or additional compensation will be awarded.
In connection with any visit to any location in connection with the Prize, please be advised that Sponsor’s and/or Theater’s policies, WHO and other applicable health organization guidelines, and the recommendations of health officials must be followed. Please note that any public location where people are present provides an inherent risk of exposure to COVID-19, and Smule cannot guarantee that any person will not be exposed during a visit.
6. Odds: The odds of winning the 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 media shares of the Contestants’ Submissions. The one (1) Contestant whose Submission receive the highest score from the eligible entries will be declared the potential Prize Winner. 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 Winner will be notified by direct message and/or email within ten (10) days following the selection of the Winners and no later than December 10, 2023. 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 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 Smule 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, licensors, 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.
12. Privacy Policy: Information submitted with a Submission is subject to the Privacy Policy stated on the Smule website. To read the Privacy Policy click here.
13. Sponsor: The Sponsor of the #TrollsBandTogether Contest is Smule, Inc. (“Smule”) 386 West 500 South, Suite А-3, Salt Lake City, UT 84101.
14. By entering into the #TrollsBandTogether, You, have affirmatively reviewed, accepted, and agreed to these #TrollsBandTogether Contest Terms.
