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. VOID IN BRAZIL, CANADA (QUEBEC ONLY), TURKEY, BALKANS, BELARUS, BURMA, COTE D'IVOIRE (IVORY COAST), CUBA, DEMOCRATIC REPUBLIC OF CONGO, IRAN, IRAQ, LIBERIA, NORTH KOREA, SUDAN, SYRIA, AND ZIMBABWE. MUST BE 16 OR OLDER IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA OR 13 OR OLDER IN ANY OTHER JURISDICTION. MUST 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. ONE ENTRY PER CONTESTANT. ONE LIKED WIN PER CALENDAR MONTH.
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 Shawn Mendes “Nervous” Song Story Contest (the “Contest”)
The Contest begins at 8:00 PM Eastern Standard Time (“EST”) [4/6/19] and ends at 8:00 PM EST [4/11/19] (the "Contest Period").
The prizes to be awarded (each, a “Prize” and collectively, the “Prizes”) are:
1. FIRST PLACE:
MOST LIKES: Apple AirPods valued at approximately $160 plus tax and shipping
JUDGE SELECTED: Apple AirPods valued at approximately $160 plus tax and shipping
2. SECOND PLACE:
MOST LIKES: $100
JUDGE SELECTED: $100
1. THIRD PLACE:
MOST LIKES: $50
JUDGE SELECTED: $50
Subject to these Song Story Contest Official Rules (“Official Rules”), the Contest is open to anyone who (1) is at least 16 years old if residing in the European Union or European Economic Area, or 13 years old if living elsewhere as of the date of entry; and (2) has downloaded the Vertigo Music mobile application (the “App”), except that the Contest is not open to residents of Canada (Quebec only), Brazil, Turkey, Balkans, Belarus, Burma, Cote D'Ivoire (Ivory Coast), Cuba, Democratic Republic of Congo, Iran, Iraq, Liberia, North Korea, Sudan, Syria, and Zimbabwe; and any country that: (a) does not have PayPal enabled as a payment processing service, (b) is subject to an embargo by the United States or that has been designated by the United States Department of State as a state sponsor of terrorism, or (c) is included on any list of prohibited, restricted, or sanctioned parties published by the United States. Any entrant 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 win any Prize in the Contest. No Vertigo All Access user who has a permanent mixer in the Vertigo app is eligible to win any Prize in the Contest. No purchase or payment is necessary to participate in the Contest. Downloading the App is free. 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, so consult your mobile carrier for details.
Notice to entrants outside United States: It is your responsibility to comply with the contest laws of your jurisdiction. You acknowledge that certain countries, provinces, and jurisdictions have laws, regulations, ordinances, guidelines, or rules regarding contests that may prevent Sponsor from awarding you a Prize. Residents of the following countries are not eligible to participate in the Contest: Brazil, Canada (Quebec only), Turkey, Balkans, Belarus, Burma, Cote D'Ivoire (Ivory Coast), Cuba, Democratic Republic of Congo, Iran, Iraq, Liberia, North Korea, Sudan, Syria, and Zimbabwe. If you are a potential winner, you acknowledge that you may not be able to receive any Prize from Sponsor due to the laws of your jurisdiction. In the case of merchandise, event tickets, or other non-cash Prizes, you are required to accept the cash equivalent of the Prize value, minus any withholding taxes required by law. As a condition of accepting your Prize, you will be required to complete a W8-BEN form (Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding and Reporting) and to seek independent legal or financial counsel if you need assistance in completing this form. By entering this Contest, you acknowledge the risks, and understand that you may potentially place in or be selected for a winning category but may not meet eligibility requirements to claim a Prize.
3. How to Enter
Enter the Contest by completing each of the following steps:
1. Download or open the previously downloaded App on your mobile device. If you already have a Vertigo account, log into your existing Vertigo account. If you do not already have a Vertigo account, sign up for a Vertigo account.
2. If you have a premium streaming subscription to Apple® Music or Spotify®, link your premium streaming account to the App when prompted. You are not required to have a premium streaming subscription to any provider to enter the Contest.
3. From the App’s main screen, swipe left to reach the Discover Page.
4. Tap the Contest tile on the Discover Page.
5. Select “Enter Contest.”
6. Use your device’s camera/video to post at least a video or photo with the 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. You may, but are not required to, post a comment or a hashtag with your entry describing how the entry relates to the Contest Song. If it is not immediately apparent how your entry is relevant to the Contest Song, please provide an explanation in the comment section of your post.
General Entry Requirements
To be an eligible entry in the Contest, your entry must include either a photo or video (cannot include a link to other content) and must: (1) be your original idea and original work (modification of an original work is not an original idea or work); (2) communicate in the English language; and (3) 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 eligible in this Contest, your entry may not contain any content that the Sponsor, in its sole discretion, determines to: (1) be vulgar, offensive, sexually explicit, profane, or pornographic; (2) be derogatory of any race, ancestry, place of origin, color, ethnic origin, citizenship, religion, sex, sexual orientation, age, marital status, family status, or disability; endorse any form of hate or hate group; defame, misrepresent or contain disparaging remarks about other people, products, or companies; (3) be violent or promote the use of alcohol, illegal drugs, tobacco, or weapons; or promote unsafe activities; (4) be a winning entry in a previous contest; (5) be previously published in the App; (6) promote any political agenda or message, or promote any other commercial service or application; (7) appear to duplicate any other submitted entry; (8) 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; (9) 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; (10) contain any personal identification, such as names, e-mail addresses, street addresses, or license plate numbers, of another person without his or her consent; (11) communicate messages inconsistent with the positive image of Sponsor’s name and/or the App; (12) contain a watermark from a photographer or be labeled as a sample and/or proof; (13) violate any law; or (14) include or refer to any third parties including but not limited singers, bands, or celebrities, who have not expressly authorized such inclusion or reference. If you depict a child under 13 years of age in your entry, you must be the parent or legal guardian of the child.
Sponsor reserves the right to reject any entry which Sponsor determines, in its sole and absolute discretion, does not meet the above criteria. 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, each entrant grants 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 (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, the entrant understands and agrees that the entry may appear in the Contest Song’s “song story” within 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. The entrant acknowledges and agrees that Sponsor has no 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 the Contest, you represent and warrant with respect your entry that (1) you have read and agree to all terms and conditions set forth in these Official Rules; (2) you are at least 16 years old if residing in the European Union or European Economic Area, or 13 years of age if residing anywhere else, as of the date of contest entry; (3) you are the sole owner of your entry and have all rights in your entry; (4) 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; (5) 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; (6) 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; (7) your entry meets the above criteria in this “How to Enter” Section; (8) 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 (9) 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 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.
Additional Terms Bearing on Entry
Sponsor expressly reserves the right to disqualify any entries that it believes in good faith are generated by an automated means or scripts or have been “liked” by automated means or scripts. Entries generated or “liked” by script, macro, or other automated means may be disqualified.
In addition, a user is eligible to win one “liked” award per calendar month. Sponsor reserves the right to disqualify any user who has previously won a “liked” award in the calendar month from subsequent contest awards. Users are allowed to enter as many contests per month as they choose and are eligible to win an unlimited number of “judged” awards.
Sponsor reserves the right to exclude participants from the current or future contests for good cause, including evidence that a user has provided false data on conditions of participation or engaged in any other unauthorized acts.
4. Judging; Winner Selection
The Contest will be conducted under the supervision of the Sponsor. The decisions of the Sponsor are final and binding in all matters relating to each Contest. If an entrant is found to be ineligible for a Prize, Sponsor may, at its option and sole discretion, choose not to award the Prize at all.
Users of the App may vote on the entry they prefer based on originality (25%), creativity (25%), quality of production (25%), and relevance to the Contest song (25%). The entries with the highest number of likes will be eligible to be awarded the Prizes subject to the “Prizes” 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 higher based on the four criteria above. After completion of the Contest, the top liked entries will be reviewed by Vertigo judges to ensure that the content is original, relevant to the song, and otherwise complies with the content guidelines. If a judge determines that an entry does not meet any eligibility requirement under these rules, the Participant will be disqualified and Sponsor may offer the award to the next qualifying entry.
Sponsor or Sponsor’s designee(s) will also judge the Contest entries and select the judged winner(s). Entries will be judged based on originality (25%), creativity (25%), quality of production (25%), and relevance to the Contest song (25%), in the sole opinion of the judge(s) designated by Sponsor. The entries selected by the judges will be eligible to be awarded the Prizes subject to the “Prizes” terms of these Official Rules.
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 e-mail address associated with the entrant’s Vertigo Music account. Entrants consent to be contacted by the means stated above for purposes of this Contest. 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 offer the Prize to the next eligible entrant. Potential winners must complete all steps of Sponsor's eligibility verification process and provide all documentation as requested within five (5) business days from the date of Sponsor’s attempt to contact them. Failure to complete the verification process will result in forfeiture of the Prize. Delivery of the Prize will be by mail, courier, or other means in Sponsor’s discretion.
Cash prizes shall be paid via PayPal only. Participants residing in countries where PayPal is not available are not eligible to receive a cash prize. 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. Sponsor reserves the right to verify eligibility of all potential winners as it 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, a liability release, and, where legal, a publicity release (“Affidavit/Release”), and return a completed IRS Form W-9 (Request for Taxpayer Identification) or such other tax forms as may be necessary in the winner’s jurisdiction, within five (5) business days of the date of issuance of those documents. Sponsor will report Prize winnings to the Internal Revenue Service 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 forfeited and, at Sponsor’s discretion, offered to the next eligible entrant. Potential winners who are minors in their jurisdiction of residence must have a parent or legal 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 potential winner. Prizes are not assignable or transferable, and no substitutions are permitted. In addition, if Sponsor is not able to transfer a Prize to an entrant due to any applicable law, rule, or regulation in the jurisdiction where the entrant resides, or if the entrant 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. 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.
Apple is not involved in any way with the contest.
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”) due in whole or in part, directly or indirectly, from your participation in the Contest or any Contest-related activity or from acceptance, possession, and/or use of any Prize, 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, United States of America, without regard to its conflict of laws provisions. By participating in this Contest, you agree (1) 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 (2) 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, city and state of residence, 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 the personally identifiable information above to third parties in connection with this Contest (including, without limitation, placing your name on a list of winners). Notwithstanding any rights of publicity, privacy, or otherwise (whether based in statutory or common law) anywhere in the world, your acceptance of a Prize constitutes your authorization to (1) have Sponsor (and its agents, consultants, and employees) photograph, record, tape, film, and otherwise visually and audio visually record you, (2) 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 limitations 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 (3) 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 and Copy of Rules:
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, North Carolina 28277, United States. The name of the winner may also be shown in the App and/or on Sponsor’s websites and social media pages.