Vertigo Song Story Contest Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. THE CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL APPLICABLE LAWS APPLY. MUST BE 13 OR OLDER AND HAVE AN ACCOUNT WITH VERTIGO MUSIC MOBILE APPLICATION TO ENTER. YOUR ENTRY MUST COMPLY WITH THE CONTENT GUIDELINES IN THESE OFFICIAL RULES. SECTION 7 OF THESE RULES REQUIRES YOU TO AGREE TO BINDING ARBITRATION FOR ANY CONTEST DISPUTES.
The Contest (as defined below) is sponsored by Vertigo Media, Inc. (“Sponsor”). The Contest is not sponsored, endorsed, administered by, or associated with Apple® Music or Spotify® or their subsidiaries or affiliates.
1. KEY TERMS:
The following key terms are applicable to the Contest:
Vertigo Cole Rolland "Another Day" Song Story Contest (the “Contest”)
The Contest begins at 6:00 PM Eastern Daylight Time (“EDT”) [09/13/18] and ends at 6:00 PM EDT [09/15/18] (the "Contest Period").
The prizes to be awarded (each, a “Prize” and collectively, the “Prizes”) are:
FIRST PLACE: $300 plus signed mini guitar
SECOND PLACE: $150 plus 1 signed apparel item
THIRD PLACE: $100 plus signed print of your choice
Subject to these Official Rules, the Contest is open to anyone in the world who (i) is at least 13 years old as of the date of entry and (ii) has downloaded the Vertigo Music mobile application (the “App”). Downloading the App is free. Any prize winner who is a minor in their jurisdiction of residence must have a responsible parent or legal guardian claim the prize on the minor’s behalf. Employees of Sponsor and its respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of this Contest, and their immediate family members or household members are not eligible to participate in or win the Contest. No Vertigo All Access user who has a permanent mixer in the Vertigo app is eligible to participate in or win the Contest. No purchase or payment is necessary to participate in the Contest. You are not required to have a premium music streaming subscription from Apple® Music or Spotify® in order to participate in this Contest. A premium music streaming subscription from Apple Music or Spotify will enable you hear the songs to which a “song story” user-generated content is posted and may enhance your user experience, but is not required in order to participate in this Contest. Using the App on your mobile device may incur a charge to you under your data plan; consult your mobile carrier for details.
Notice to entrants outside United States: It is your responsibility to comply with the contest laws of your country/jurisdiction. You acknowledge that certain countries/jurisdictions have laws regarding contests that may prevent Sponsor from awarding you a prize. If you are a potential winner and this happens to be the case with your country/jurisdiction, you acknowledge that you may not be able to receive any prize at all from Sponsor. By entering this Contest, you acknowledge the risks, and understand that you may potentially win but may not be able to claim a prize.
3. HOW TO ENTER: Enter the Contest by completing each of the following steps:
Download or open the previously downloaded App on your mobile device, and either (a) if you already have a Vertigo account, log into your existing Vertigo account, or (b) if you do not already have a Vertigo account, sign up for a Vertigo account with a verified phone number or email address.
If you have a premium streaming subscription to Apple® Music or Spotify®, link your premium streaming account to the App when prompted.
From the App’s main screen, swipe left to reach the Discover Page.
Tap the Contest tile on the Discover Page.
Select “Enter Contest”.
Use your device’s camera/video to post at least one video or photo with the contest song identified by Sponsor (the “Contest Song”) that represents how the song speaks to you on some level, subject to the General Entry Requirements and Content Guidelines below.
General Entry Requirements
To be an eligible entry in this Contest, and not be disqualified, your entry must include either a photo or video (cannot include a link to other content) and must: (a) be your original idea and original work (modification of an original work is not an original idea or work); (b) communicate in the English language; and (c) comply with the Content Guidelines below. You will have to enable the use of your camera/video function of your device in order to enter the Content.
To be an eligible entry in this Contest, your entry may not contain any content that the Sponsor, in its sole discretion, determines to: (a) be vulgar, offensive, sexually explicit, profane or pornographic; (b) be derogatory of any race, ancestry, place of origin, color, ethnic origin, citizenship, religion, sex, sexual orientation, age, marital status, family status or disability; endorses any form of hate or hate group; defames, misrepresents or contains disparaging remarks about other people, products or companies; (c) be violent or promotes the use of alcohol, illegal drugs, tobacco, or weapons; promotes unsafe activities; (d) be the previous recipient of any award; (e) be previously published or previously won any awards; (f) promote any political agenda or message, or promote any other commercial service or application; (g) appear to duplicate any other submitted entry; (h) contain any material that violates or infringes another's rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement; (i) contain any identifiable names or markings of any third party, including, but not limited to, trademarks, logos, or insignia, including brand names of any products, except those owned by Sponsor; (j) contain any personal identification, such as persons’ names, e-mail addresses, street addresses or license plate numbers; (k) communicate messages inconsistent with the positive image of Sponsor’s name and/or the App; (l) contain a watermark from a photographer or labeled as a sample and/or proof; (m) violate any law; or (n) include or refer to any third parties, including but not limited to others than yourself, singers, bands or celebrities, who have not expressly authorized such inclusion or reference. If you depict a minor in your entry, you must be the parent or legal guardian of the minor.
Sponsor reserves the right to reject any entry which Sponsor determines, in its sole and absolute discretion, does not meet the above criteria or is otherwise offensive or is not in keeping with the Sponsor’s image and reputation. Sponsor reserves the right to remove any content from the App without prior notice.
License to Sponsor to Use Your Entry
By entering this Contest, entrants grant Sponsor and its designees a nonexclusive, royalty-free, fully paid up, worldwide, perpetual, irrevocable, sublicenseable license to use, reproduce, display, distribute, modify or adapt the entry submitted by each entrant (including, without limitation, the names and likenesses of any persons or locations embodied therein) and any derivative works in any form for any purpose, in all media, whether now known or hereafter devised, as Sponsor may choose, without compensation or notice to, or review or approval by, the entrant.
By entering this Contest, you understand and agree that your entry (or entries) may appear in the song story they are connected with in the App perpetually into the future and be visible to anyone using the App. Sponsor is not liable for the use of any entry by any third party. You acknowledge and agree that Sponsor has no, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to any entry.
By entering this Contest, you represent and warrant with respect to each entry by you that (a) you are the sole owner of your entry and have all rights in your entry; (b) you have the right to submit the entry and to grant to Sponsor all rights in the entry herein granted upon the terms and conditions set forth herein; (c) your entry and every part thereof consists of only your original work and no part of your entry has previously been published anywhere else or won any prize or award, and does not infringe upon the copyrights, trademarks or other intellectual property or other rights of any person or entity; (d) you have not granted any person, or other entity any rights to use your entry and you are not under any contractual obligation, employment obligation, right of first refusal or other obligation to provide the entry to anyone else; (e) your entry meets the above criteria in this “How to Enter” Section; (f) your entry does not defame or violate the rights of publicity or privacy of any person, living or deceased, or otherwise infringe upon the publicity rights or privacy of any third person, living or deceased, or otherwise infringe upon any person’s personal or property rights or other third party rights; and (g) your entry does not violate any law. By submitting an entry, you warrant and represent that you consent to the submission and use of the entry in the Contest and in the song story linked to the Contest Song, which song story may be visible to anyone using the App perpetually in the future, and you agree to indemnify and hold Sponsor harmless from any breach of your representations under these Official Rules.
The owner of the email account or phone number linked to the Vertigo account used to submit an entry will be considered the entrant. Submission of erroneous or incomplete information will void the submitted entry. Entries cannot be edited once submitted. The copy of the content entered becomes the property of Sponsor and will not be acknowledged or returned. Multiple entrants are not permitted to share the same Vertigo account. Potential winners may be required to show proof of being the owner of the Vertigo account or forfeit the prize. Each entry submission must be manually key stroked and manually entered by the individual entrant; automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or automated entry software) will be disqualified.
Additional Terms Bearing on Entry
Sponsor expressly reserves the right to disqualify any entries that it believes in good faith (1) are generated by an automated means or scripts or (2) have been “liked” by automated means or scripts. Entries generated or “liked” by script, macro or other automated means may be disqualified.
4. JUDGING; WINNER SELECTION:
Users of the App may vote on the entry they prefer based on creativity (60%) and visual appeal (40%). The entries with the highest number of likes will be eligible to be awarded the Prizes subject to the “Prize” terms of these Official Rules. In the event of a tie among entries, a judge appointed by Sponsor will break the tie by determining which entry scores highest under the creativity criteria.
Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means or practices, including, without limitation, offering prizes or other inducements to members of the public and/or using any websites designed to induce individuals or provide other incentives to vote for their entry, as determined by Sponsor in its sole discretion.
The Prizes are set forth in the first section of these Official Rules. Any Prize payable in cash will be awarded in United States Dollars.
Sponsor will contact each potential winner via the App or at the email address or phone number associated with such potential winner’s Vertigo Music account in order to arrange delivery of the Prize. User profiles of Contest winners will automatically become followers of the “@vertigoislive” user. This enables the winner to be contacted directly by Vertigo within the App. Winner may “unfollow” @vertigoislive after Prize award process has been completed. Entrants consent to be contacted by the means stated above for purposes of this Content. Prizes may not be awarded to potential winners who have provided incorrect contact information and who do not respond to Sponsor’s attempt to contact them within three (3) business days, in which case, Sponsor may in its discretion move on the a runner up as a potential winner. Prize delivery will be in Sponsor’s discretion by mail, courier or other means. Cash Prizes may be paid via PayPal or another third party service. Prize fulfillment in such instance will be subject to the terms, conditions, and privacy policies of PayPal, located at https://www.paypal.com. Prizes awarded as a prepaid gift card will be subject to subject to the terms and conditions of the card’s issuer. Vertigo reserves the right to verify eligibility of all potential winners as Vertigo deems appropriate as a condition to claiming a Prize (including by requiring proof of identity, address, and age). As a further condition to claiming a Prize, each potential winner may be required to sign an affidavit of eligibility, ownership, and intellectual property license and a liability release and, where legal, a publicity release (“Affidavit/Release”) within ten (10) business days of date of issuance of those documents and return a completed IRS Form W-9 (Request for Taxpayer Identification) or such other tax forms as may be necessary in the winners’ jurisdiction. Sponsor will report prize winnings to tax authorities as required by applicable law. If a potential winner fails to comply with the requirements under these Official Rules, the opportunity to win a Prize may be forfeit and, at Sponsor’s discretion, offered to the next runner up. Potential winners who are minors in their jurisdiction of residence will need to have a parent or guardian complete required documentation to claim a Prize on their behalf.
Decisions of Sponsor are final and binding with respect to all matters related to the Contest. In no event shall Sponsor be obligated to award any prizes other than the Prizes specified in these Official Rules. Sponsor does not guarantee that the Prizes can be made available to, or claimed by, any winner. Prizes are not assignable and not transferable and no substitutions are permitted. In addition, if a Prize is unable to be fulfilled to the winner due to any applicable law, rule or regulation in the jurisdiction where the winner resides, or if the winner cannot claim a Prize for any reason, then Sponsor reserves the right to not award the Prize at all. The winner shall be responsible and liable for all international, federal, state and local taxes on the value of the Prize. Unclaimed Prize may not be awarded. Sponsor will not replace lost or stolen Prizes.
6. GENERAL CONDITIONS AND LIABILITY RELEASES:
By entering the Contest or by accepting a Prize, you agree to conform to all applicable federal, state and local laws and regulations.
An entrant or winner may be disqualified from the Contest, and the entry may be removed from the App, if he or she fails to comply with each provision of these Official Rules, as determined in the sole discretion of the Sponsor. Participation in the Contest is at entrant’s own risk. Sponsor shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the winner in connection with an entry; (2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to participate in the Contest; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile device related to or resulting from downloading the App or otherwise in connection with this Contest; or (5) any warranty with respect to any Prize or any component thereof. THE CONTEST IS PROVIDED “AS IS” AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE CONTEST.
NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, SPONSOR SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS CONTEST OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS) (B) AMOUNTS IN EXCESS OF THE PRIZE, (C) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (D) ANY MATTER BEYOND SPONSOR’S REASONABLE CONTROL.
By entering the Contest, you agree to and hereby do release and hold harmless Sponsor, Apple Music, Spotify, their respective owners, parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives (the “Released Parties”) from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from your acceptance, possession and/or use of any Prize or your participation in this Contest, or from any misuse or malfunction of any Prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter, and indemnify each of the Released Parties from any damages arising therefrom. Any person attempting to defraud or in any way tamper with this Contest may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Official Rules in any way or at any time. Sponsor reserves the right, in its sole discretion, to cancel or suspend this Contest should viruses, bugs or other causes beyond its control corrupt the administration, security or proper operation of the Contest. In the event of cancellation or suspension, Sponsor shall promptly post a notice on the App to such effect, and may elect to award the Prize based on eligible entries received prior to the date of cancellation.
7. DISPUTE RESOLUTION: AGREEMENT TO ARBITRATE:
This Contest shall be governed by the laws of the State of North Carolina, USA, without regard to its conflicts of laws provisions. By participating in this Contest, you agree (a) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and (b) that any dispute arising from or relating to this Contest shall be determined by binding arbitration only in Charlotte, North Carolina, by and under the American Arbitration Association’s rules for arbitration of consumer-related disputes, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction to enforce these Official Rules. If any provision of these rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable.
8. PUBLICITY RELEASE:
Unless prohibited by applicable law, your acceptance of a Prize constitutes your permission to use your name, entries, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any compensation to such entrant or any review or approval rights, notifications, or permissions; and constitutes your consent to disclose your personally identifiable information to third parties in connection with this Contest (including, without limitation, placing the winner’s name on a winner’s list). Notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world, your acceptance of a Prize constitutes your authorization to (i) have Sponsor (and its agents, consultants and employees) photograph, record, tape, film and otherwise visually and audio visually record you, (ii) have Sponsor (and its agents, consultants and employees) use, reproduce, disseminate, alter, edit, dub, modify, distort, add to, subtract from, process and otherwise exploit any results of such activity (including without limitation any manner in which such activity may be recorded or remembered or modified) or derivatives or extensions or imitations thereof in any manner that Sponsor sees fit, in any medium or technology known or hereinafter invented, throughout the universe in perpetuity, including without limitation for illustration, art, promotion, advertising, trade or any other purpose whatsoever; and (iii) have relinquished any right that you may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.
9. WINNER LIST:
The name of the winner and/or a copy of these Official Rules may be obtained by mailing a self-addressed, stamped envelope to: Vertigo Media, Inc., 14835 Ballantyne Village Way Suite 200, Charlotte, NC 28277 USA. The name of the winner may also be shown in the App and/or on Sponsor’s websites and social media pages.