Mixed In Key LLC (‘‘Mixed In Key’’) announces a prize competition that challenges the public to put their musical skills to the test toward creating a new genre of music. The Contest will be held open until November 30, 2018.
The Contest entries will be reviewed and judged by a panel of artists, producers, educators and DJs. Contestant’s entries will be judged based on appropriateness for 3 separate categories: 1) Does the song invent or showcase a new genre, 2) Does it have a strong melodic or vocal hook, and 3) Does the song showcase an unusual mashup of two pre-existing genres, a.k.a. the “crazy combination” category.
The entry and registration period for the contest begins the contest on October 26, 2018 at approximately 9:00 a.m. (U.S. Eastern Standard Time) (the “Contest Commencement”). The Contest entry and registration period will terminate on November 30, 2018 at 5:00 p.m. (U.S. Eastern Standard Time) (the “Contest Deadline”). The period between the Contest Commencement and the Contest Deadline is the “Contest Period”. Judging will not begin until after the Contest Period. Judging the Submissions will take approximately four (4) weeks (the “Judging Period”), depending upon the number of Submissions. The Sponsor of the Contest reserves the right to extend the Judging Period in the event that the number of Submissions exceeds the number of Submissions that are able to be reviewed within a four-week period. Winners will be announced within 10 days of the end of the Judging Period.
Please mark your calendars and take note that no late entries will be considered.
This contest is a skill contest. No purchase is necessary to enter. It is free to enter for all qualified contestants.
The contest is open only to the residents of the following countries, where allowed by law:
Argentina, Austria, Australia, Belgium, Brazil, Canada (excluding the province of Quebec), Chile, Colombia, Croatia, Czech Republic, Denmark, England, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Japan, Latvia, Lithuania, Luxembourg, Kosovo, Mexico, New Zealand, N. Ireland, Norway, Netherlands, Poland, Portugal, Scotland, Singapore, Slovakia, Slovenia, South Korea, Sweden, Switzerland, United States, Wales.
The Mixed In Key “Create a New Music Genre” Contest (the ‘‘Contest’’) aims to support and advance the musical arts by encouraging the public to create a new musical genre.
Mixed In Key LLC is hosting the Contest, and has also obtained the support of several sponsors who also seek to support and advance the musical arts.
The Contest will challenge the public to use its musical skill and creativity to contribute to the advancement of the musical arts. The Contest is intended to engage individuals or teams of individuals with musical skill and creativity (collectively the ”Contestants”) to apply their knowledge and talent to design the next-generation of musical genres.
The Contest, and participation therein, is subject to all applicable laws and regulations.
If you need further information regarding the terms and conditions for this skills competition, you may direct questions to: email@example.com
Participation constitutes the Contestant’s full agreement to these Official Rules, Terms and Conditions (the “Official Rules”) and to the decisions made by the Sponsor(s) (as defined below), which are final and binding in all matters related to the Contest. Winning of a Prize is contingent upon fulfilling all requirements set forth in the Official Rules. The Official Rules will be posted and available for review and download throughout the Contest at https://mixedinkey.com/captain-plugins/two-genres-contest/rules. If the Contestant is not able to read and understand the English language, then it shall be the responsibility of the Contestant to have the Official Rules accurately translated into his or her primary language so that he or she is able to read and understand the Official Rules before entering the Contest.
A. Sponsor: Mixed In Key LLC
B. Participating Organizations:
(b5) DJ Tech Tools
(b8) Mixed In Key
(b13) Universal Audio
A. To participate in the Contest:
(i) Contestants may compete as individuals or as teams of individuals, if they meet all eligibility requirements set forth in sections 2.A–C. To be eligible to win a Prize, Contestants must have read, understood, agreed to and complied with all of the Official Rules.
(ii) Contestants must comply with all terms and conditions of the Official Rules throughout the Contest and Judging Period.
(iii) Contestants must own or have access at their own expense to a computer, an Internet connection, and any other electronic devices, documentation, software, or other items that Contestants may, in the exercise of their own judgment, deem necessary to create and enter a Submission (as defined in Section 4 below).
(iv) If a pair or group of individuals choose to enter into the Contest as a team, then each such team shall appoint one individual (the ‘‘Representative’’) to represent and act on behalf of said team, including by entering a Submission. The Representative must be duly authorized to submit on behalf of the team, and must represent and warrant that he/she is duly authorized to act on behalf of the team.
(v) If more than one individual participated in the authorship and creation of the Submission, then all such authors or creators must join as a team to enter the Submission into the Contest. Should an individual enter a Submission into the Contest which was jointly created with others who did not join in the Submission, then such individual Contestant shall be disqualified and ineligible to win a Prize.
(vi) In the event that a winning Contestant is a team, there shall be no obligation on the part of any sponsor, host or participating organization to determine or participate in determining how a prize is shared or distributed among or between individual members of a team Contestant.
(v) An individual who is part of a team may also enter the Contest with an individual Submission.
(vi) No individual or team may enter the Contest on behalf of a corporation or other non-individual legal entity.
B. The following individuals (including any individuals participating as part of a team) are not eligible regardless of whether they meet the criteria set forth above:
(i) Any individual under the age of 18, and any individual who otherwise does not have the legal capacity to enter into a contract;
(ii) any individual who resides in a jurisdiction (state or country) having laws that do not permit this Contest or under which the Official Rules of this Contest would be otherwise invalid. The Contestant undertakes the obligation to determine whether the state or country in which he or she resides permits him or her to participate in this Contest.
(iii) the Sponsor, Participating Organizations, and any advertising agency, contractor or other individual or organization involved with the design, production, promotion, execution, or distribution of the Contest; all employees, representatives and agents thereof; and all members of the immediate family or household of any such individual, employee, representative, or agent;
(iv) any individual who did not create (or jointly create, if entering as part of a team) and who does not own rights in the Musical Work contained in the Submission;
(v) any individual who infringes the work or rights of any other person in creating the Musical Work contained in the Submission;
(vi) any individual who has been convicted of a felony and has not completed serving his or her sentence and any associated period of probation;
(vii) any individual who employs any Judge or otherwise has a material business relationship or affiliation with any Judge;
(viii) any individual who is a member of any Judge’s immediate family or household;
(ix) any individual who communicates with any Judge regarding the Contest or the Musical Work prior to selection of the Contest winners;
(x) any individual who provides a Submission that contains contaminated or corrupted files; and
(xi) any individual who fails to comply with all of the Official Rules.
C. For purposes hereof: (i) The members of an individual’s immediate family include such individual’s spouse, children and step-children, parents and step-parents, and siblings and step-siblings; and
(ii) the members of an individual’s household include any other person who shares the same residence as such individual for at least three (3) months out of the year.
Failure to satisfy the aforementioned eligibility requirements will disqualify the Contestant from participation in the Contest.
A. Beginning at approximately 9:00 a.m. (U.S. Eastern Standard Time) on October 26, 2018, Contestants may visit the website located at: https://mixedinkey.com/captain-plugins/two-genres-contest/ (the “Official Contest Website”) to review the Official Rules (which will also be available for download) and register for the Contest. The address for particular webpage upon which the Official Rules will be located is: https://mixedinkey.com/captain-plugins/two-genres-contest/rules/_(the “Rules Webpage”).
B. To enter, every Contestant, including each and every member of a team, must complete and sign a registration form (‘‘Registration Form’’) and verify that he or she: (1) has read, understood and agreed to the Official Rules; (2) is over the age of 18; (3) does not have a familial or financial relationship with any Judge as specified in Section 2.B.(vii)-(viii); and (4) meets all eligibility requirements set forth in Section 2. The Registration Form will be available to Contestants beginning at 9:00 a.m. U.S. Eastern Standard Time on October 26, 2018 at the Official Contest Website.
C. Contestants must submit their Registration Forms before the Contest Deadline.
D. After a Contestant registers, the Sponsor will send a confirmation message from firstname.lastname@example.org to the email address provided by the Contestant during registration for the Contest. The Contestant should use the confirmation message to verify the email address and confirm his or her agreement to participate in the Contest and receive important Contest updates.
E. In the event of a dispute pertaining to this Contest, the authorized account holder of the email address provided during registration will be deemed to be the Contestant. The ‘‘authorized account holder’’ is the natural person assigned an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. Contestants may be required to show proof of being the authorized account holder.
A. To participate in the Contest, a Contestant must upload and submit the following via the Official Contest Website:
(1) An original musical work that the Contestant has created and is requesting the Judges review and consider during the Contest (the “Musical Work”);
(2) The title of the Musical Work;
(3) Link to the track’s audio file hosted on SoundCloud, which may be public or private
(4) Explanation of the Contestant’s role in making this track;
(5) A list of all individuals who worked together to jointly create the Musical Work and a description of their contribution;
(6) Disclosure of any melodies, ideas, samples or loops that were used in the track
(7) Disclosure whether any samples were not cleared / not royalty-free
(8) Disclosure if the Contestant has access to the original DAW session used for music production, to prove that the Contestant was the creator of the track
(9) Confirmation that the Contestant can prove ownership of the track
(10) Confirmation that the submission is Contestant’s original production and that the Contestant owns the rights to it
(11) Confirmation that the submission has NOT been released
Paragraphs (1)–(11) above are collectively referred to as a ‘‘Submission.’’
The email address used to submit the Submission must match the address provided on a Contestant’s Registration Form.
With the exception of this originating email address, no part of the Submission shall contain information revealing the Contestant’s identity, such as a name, address, employment information, or other identifying details.
B. Submission Deadlines
All Submissions must be received by no later than the Contest Deadline. The Sponsor’s computer is the official time-keeping device for this Contest. Any Submissions entered following the Contest Deadline shall be disqualified. The Judging Period for each phase will commence on the first business day following the Contest Deadline.
C. Submission Requirements
(i) All parts of a Submission must be submitted at the same time. All Submissions must be received by the Contest Deadline.
(ii) The Musical Work must be contained in an electronic file that is uploaded to SoundCloud into the Contestant’s account.
(iii) No part of a Submission may require the Sponsor or Judges to spend money or otherwise transfer any other valuable property in order to review or obtain access to it.
(iv) Submissions from a team must clearly so indicate when entering a Submission.
(v) Submissions must be in English or be accompanied by an English translation.
(vi) Any Musical Work that was publicly available on Spotify, iTunes, Youtube or any other music site prior to the Contest Commencement date (October 26, 2018) is not eligible for entry into the Contest.
(vii) Submissions must not:
a. Violate applicable law;
b. depict, contain or advocate hatred;
c. denigrate (or be derogatory toward) any person or group of persons or any race, ethnic group, or culture;
e. threaten a specific community in society, including any specific race, ethnic group, or culture;
f. incite violence or advocate violence;
g. contain vulgar or obscene language; or
i. disparage the Sponsor and/or any Participating Organization.
(viii) Submissions must be free of malware and any other security threats. Contestant agrees that the Sponsor may conduct testing on each Submission to determine whether malware or other security threats may be present.
(ix) Submissions that do not comply with any of the above requirements may be disqualified.
D. Additional Terms
(i) Once a Submission has been submitted, Contestant may not access or make any changes or alterations to the Submission.
(ii) A Contestant may not submit more than one Submission. The Sponsor reserves the right to disqualify any subsequent Submissions from the Contestant after the first submission from each Contestant.
(iii) By entering a Submission, Contestant represents, warrants, and agrees that the Submission is the original work of the Contestant and complies with the Official Rules.
(iv) Contestant further represents, warrants, and agrees that any use of the Submission by the Sponsor and/or Judges (or any of their respective partners, subsidiaries, and affiliates, including but not limited to the Participating Organizations) as authorized by these Official Rules, does not:
a). Infringe upon, misappropriate or otherwise violate any intellectual property right or proprietary right including, without limitation, any statutory or common law trademark, copyright, patent right, nor any other rights, of any person or entity; or
b). constitute or result in any misappropriation or other violation of any person’s privacy rights or rights of publicity.
By entering a Submission into this Contest, Contestant grants to the Sponsor and the Participating Organizations (and their respective agents, partners, subsidiaries, and affiliates) a non-exclusive, irrevocable, royalty-free and worldwide license to embed the track into the Contest’s website, Sponsor’s website and Participating Organizations websites to showcase the track as being part of the Contest. The Contestant also grants to the Sponsor, Judges, and Participating Organization the right to contact the Contestant by phone or email.
Contestant further grants to the Sponsor and the Participating Organizations (and their respective agents, partners, subsidiaries, and affiliates) the irrevocable right to publicize Contestant’s name and likeness and, as applicable, the names or likeness of Contestant’s team members in any media whatsoever, for advertising and publicity purposes relating to the Contest. Contestant agrees to execute all other documents reasonably required to effectuate the intent of these Official Rules.
A. All Submissions will be judged by a panel of judges (the ‘‘Judges’’) selected by the Sponsor at the Sponsor’s sole discretion. The Sponsor reserves the right to substitute or modify the judging panel, or extend or modify the Judging Period, at any time for any reason.
B. All Judges shall be required to remain fair and impartial. Any Judge may recuse him or herself from judging a Submission if the Judge or the Sponsor considers it inappropriate, for any reason, for the Judge to evaluate a specific Submission or group of Submissions.
C. A Contestant’s likelihood of winning will depend on the number and quality of all of the Submissions, as determined by the Judges using the criteria in these Official Rules.
D. The Sponsor reserves the right to review the Judges’ decision and to withhold any Prize if, at the Sponsor’s sole discretion, there is a procedural, legal, or other reason that the Prize should not be awarded to the winner selected by the Judges.
E. The Sponsor and/or Judges intend to announce who won the contest within ten (10) days of the end of the Judging Period. However, Prizes will not be awarded until the Sponsor verifies eligibility for receipt of each Prize in accordance with Section 9 below. Therefore, the Sponsor will announce verified Winners at a later date, and the results will be made available at the Contest Website.
Contestants’ Submissions will be required to demonstrate and will be judged upon the following characteristics:
1) Does the track invent or showcase a new musical genre?
2) Does the track have a catchy and memorable Hook?
3) Does the track present a new/”crazy” mashup combination of pre-existing genres, resulting in a composition that is both unexpected and interesting?
Each submission will be judged separately on those 3 categories. A track may be considered for the “Catchy and Memorable Hook” prize without being considered for the other two categories. Similarly, a “Crazy Combination” submission does not require to have a “Catchy and Memorable Hook” as well. Each category is separate from others.
The in-house team at Mixed In Key LLC (the Sponsor) will listen to all Submissions that comply with the rules of this contest, and will determine which tracks qualify for any of the 3 criteria listed above. The top 20 tracks with the strongest qualifications will be grouped into the “finalists” category, and will be presented to the Judges shown on the official Contest Website.
Each Judge will have 3 votes to give out to the finalists: one for the “New Musical Genre” award, one for the “Catchy and Memorable Hook” and one for the “Craziest Combination”. Judges may vote for the same Submission in different categories.
For example, if Judge A thinks that “Skrillex – Monsters and Spirtes” qualifies for both “New Genre” and “Memorable Hook”, he can vote for that track in both categories.
B. After the judging period, the results from all the judges will be tallied together to determine who scored the most points in each category (“New Genre”, “Hook”, “Crazy Combo”).
C. For each category, the Contestant whose Submission earns the highest overall score will be named the Winner of that category, if the Contestant satisfies the verification requirements described in Section 9. If the Contestant does not satisfy the verification requirements, then the Top Prize may be awarded to the next highest scorer who satisfies the verification requirements, at the Judges’ or Sponsor’s discretion.
D. In the event of a tie between or among two or more Submissions where the Contestants meet the verification requirements, the Sponsor, at its sole discretion, will re-evaluate and score each of the tied Submissions on the criteria set forth in Section 7.A. and, based upon such, make a tie breaking determination as to which Submission earns the higher score.
E. In the event of the same submission receiving the highest score in 2 or 3 categories, then the Sponsor, at its sole discretion, will determine which category will be used to grant the prize to the winner. The same Submission may not win two separate prize packs. For example, if “Song A” receives the highest scores for both “New Genre” and “Hook” categories, the Sponsor will determine whether to grant the prize pack for only the “New Genre” or only the “Hook” category to the Contestant. The other category’s prize will be awarded to the next highest scorer in that category.
Grand Prize for Creating a New Music Genre
Best Hook Prize
Crazy Combination Prize
A. No cash will be awarded in lieu of any Prize, no substitutions will be made for any Prize, except if necessary because a stated Prize has become unavailable for reasons beyond the Sponsor’s control. The Sponsor retains the right to select, in its sole discretion, the substitution Prize should a substitution become necessary.
B. If no eligible Submissions are entered into the Contest, the Prizes will not be awarded. No transfer or substitution of a Prize is permitted except at the Sponsor’s sole discretion. It will be the responsibility of the winning team’s Representative to allocate the Prize amongst the team, as the members of the team deem appropriate.
C. In the event that, for any reason, a Winner must forfeit the Prize, the Sponsor may award the forfeited prize to the next highest scoring Contestant.
D. Each Contestant hereby acknowledges and agrees that the relationship between the Contestant and the Sponsor, or any Participating Organization or Judge, is not a confidential, fiduciary, or other special relationship, and that the Contestant’s decision to provide the Contestant’s Submission to Sponsor for the purposes of this Contest does not place the Sponsor, its agents, or any Participating Organization or Judge, in a position that is any different from the position held by the members of the general public with regard to elements of the Contestant’s Submission, except as specifically provided in these Official Rules.
E. Winners (including any winning team members) are responsible for reporting and paying all applicable taxes associated with the Prize awarded. It is the sole responsibility of Winners to provide information to the Sponsor in order to facilitate receipt of the award, including completing and submitting any tax forms when necessary. It is also the sole responsibility of Winners to satisfy any applicable reporting requirements. The Sponsor reserves the right to take any action necessary to comply with any applicable tax laws.
F. Prizes shall be distributed to the Winner or the winning team’s Representative by the most efficient or economical means determined by the Sponsor in its sole discretion. Should the distribution of any Prize require shipment of the Prize into a country other than the United States, then the Winner of the Prize will be responsible for payment of any applicable customs duties or other applicable fees imposed by local authorities.
A. All Prize Awards are Subject to Verification of the Winner’s Identity, Eligibility, and Participation in the Creation of the Musical Work. The Sponsor’s Decisions Are Final and Binding in All Matters Related to the Contest.
To receive a Prize, a Contestant will be required to complete, sign and return affidavit(s) of eligibility and liability release, or a similar verification document (‘‘Verification Form’’) to the Sponsor. In the case of a team, the Representative and all members of the team must complete, sign and return a Verification Form to the Sponsor in order for the team to receive a Prize.)
B. Contestants potentially qualifying for a Prize will be notified and sent the Verification Form using the email address submitted at registration, starting on or about Oct 27, 2018. In the case of a team, the notification and Verification Form will only be sent to the Representative. If a notification is returned as undeliverable, the Contestant or team may be disqualified at the Sponsor’s sole discretion. It shall be the responsibility of the team’s Representative to distribute copies of the notification and Verification form to the other team members.
C. At the sole discretion of the Sponsor, a Contestant or team forfeits any Prize if:
(i) The Contestant fails to return his or her completed Verification Form (or, in the case of a team, the team Representative fails to return all team members’ completed Verification Forms) to the Sponsor within seven (7) business days of the Sponsor’s email notification discussed above;
(ii) the Contestant (or in the case of a team, its Representative) does not timely communicate with the Sponsor to provide any necessary information within seven (7) business days of receiving a request for such information;
(iii) such individual or team Representative is contacted and refuses the Prize;
(iv) the Prize is returned as undeliverable; or
(v) the Submission of the Winner, the Winner, or any member of a Winner’s team is disqualified for any reason.
D. In the event of a disqualification, Sponsor, at its sole discretion, may award the applicable Prize to the Contestant having the next highest score. The disqualification of one (or more) team members at any time for any reason may result in the disqualification of the entire team and of each participating member at the sole discretion of the Sponsor.
A. By entering, each Contestant (including, in the case of a team, all participating members) agree(s) to:
(i) comply with and be bound by these Official Rules and the decisions of the Sponsor and/or the Contest Judges, whose decisions are binding and final in all matters relating to this Contest;
(ii) release, indemnify, defend, and hold harmless the Sponsor, Participating Organizations, Judges, and any other individuals or organizations responsible for sponsoring, fulfilling, administering, advertising, or promoting the Contest, including their respective parents, subsidiaries, and affiliated companies, if any, and all of their respective past and present officers, directors, employees, attorneys, agents and representatives (hereafter the ‘‘Released Parties’’) from and against any and all claims, disputes, causes of action, expenses, and liabilities (including reasonable attorneys’ fees), including but not limited to negligence and damages of any kind to persons and property, defamation, slander, libel, violation of any privacy right, violation of any right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a Contestant’s entry, creation of Submission or entry of a Submission, including but not limited to a Musical Work that forms a part of the Submission, participation in the Contest, acceptance or use or misuse of the Prize, and/or any broadcast, transmission, performance, exploitation, or use of Submission, or any part thereof, as authorized or licensed under these Official Rules.
B. Without limiting the foregoing, each Contestant agrees to release all Released Parties from all liability in connection with:
(i) Any incorrect or inaccurate information, whether caused by the Sponsor’s or a Contestant’s electronic or printing error or by any of the equipment or programming associated with or utilized in the Contest;
(ii) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines, internet connectivity, or electronic transmission errors, or network hardware or software or failure of the Contest Website, or any other platform or tool that Contestants or Judges choose to use;
(iii) unauthorized human intervention in any part of the entry process or the Contest;
(iv) technical or human error that may occur in the administration of the Contest or the processing of Submissions; or
(v) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from the Contestant’s participation in the Contest or receipt or use or misuse of any Prize.
If for any reason any Contestant’s Submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the Contestant’s sole remedy is to request the opportunity to resubmit its Submission. Any such request will be addressed at the sole discretion of the Sponsor if the Contest Submission Period is still open.
Participation in the Contest constitutes consent to Sponsor’s and its agents’ use of the Contestant’s name and likeness, photograph, voice, opinions, comments, and/or hometown and state and country of residence (and, as applicable, those of all other members of the team that participated in the Submission) for promotional purposes in any media, worldwide, without further payment or consideration.
Contestants are not required to endorse or promote any product or service of the Sponsor or any Participating Organization in order to enter the Contest. However, should Contestants decide, at his or her own discretion, to endorse or positively review the products or services of the Sponsor or any Participating Organization at any time between the time of Contest Commencement and the Sponsor’s announcement of verified Winners, then Contestant agrees that he or she shall, clearly and prominently within such endorsement or review, disclose that he or she is a participant in this Contest. The disclosure must be at the beginning of the endorsement or review and must remain prominently visible and legible throughout the endorsement or review. The disclosure must made in the same language(s) in which the endorsement or review is made. The disclosure must be made regardless of the medium in which the endorsement is made. For example, if the endorsement or review is made on a social media platform that limits the number of characters that may be used in a post, then the disclosure may be concisely made by conspicuously including the following hashtag: #TwoGenresContest.
A. Sponsor reserves the right to cancel, suspend, and/or modify the Contest, or any part of it, if any fraud, technical failure, or any other unanticipated factor or factors beyond Sponsor’s control impairs the integrity or proper functioning of the Contest or the Contest Website, as determined by Sponsor at its sole discretion. The Sponsor reserves the right at its sole discretion to disqualify any individual or Contestant that the Sponsor finds to be tampering with the entry process or the operation of the Contest, or to be acting in violation of these Official Rules or in a manner that is inappropriate, not in the best interests of this Contest, or in violation of any applicable law or regulation.
B. Any attempt by any person to undermine the proper functioning of the Contest or the Contest Website may be a violation of criminal and/or civil law, and, should such an attempt be made, the Sponsor reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unlawful activities.
C. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision, or any other provision of the Official Rules. The Sponsor is not responsible for incomplete, late, misdirected, damaged, lost, illegible, or incomprehensible Submissions or for address or email address changes of the Contestants. Proof of sending or submitting will not be deemed to be proof of receipt by Sponsor.
D. In the event of any discrepancy or inconsistency between the terms and conditions of the Official Rules and disclosures or other statements contained in any Contest materials, including but not limited to the Contest Website or point of sale, television, print or online advertising, the terms and conditions of the Official Rules shall prevail.
E. The Sponsor reserves the right, without liability, to amend the terms and conditions of the Official Rules at any time, including the rights or obligations of the Contestant and the Sponsor. The Sponsor will post the terms and conditions of the amended Official Rules on the Contest Website (‘‘Corrective Notice’’). As permitted by law, any amendment will become effective at the time the Sponsor posts the amended Official Rules.
F. Unauthorized copying or use of any the Sponsor’s or Participating Organization’s copyrighted material, trademark, trade dress, patent or other intellectual property without the express written consent of its owners is strictly prohibited. All rights are reserved.
G. Should any provision of these Official Rules be or become illegal or unenforceable under applicable law, such illegality or unenforceability shall leave the remainder of these Official Rules unaffected and valid. The illegal or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest to and best reflects the Sponsor’s intention in a legal and enforceable manner with respect to the invalid or unenforceable provision.
By entering the Contest, all Contestants (including, in the case of a team, all participating members) agree to be bound by the Official Rules and hereby release the Released Parties from any and all liability in connection with the Prizes, the Contestant’s participation in the Contest, the Sponsor’s promotion of the Contest, and the Sponsor’s promotion of the Contest results and Winners and winning Submissions. Provided, however, that any liability limitation regarding gross negligence or intentional acts, or events of death or body injury, shall not be applicable in jurisdictions where such a limitation is not legal.
A. Contestants agree that:
(i) Any and all disputes, claims, and causes of action arising out of or connected with this Contest, any Prizes awarded, the administration of the Contest, promotion of the Contest or Contest results or Winners, and/or the determination of Winners, shall be resolved individually and not as part of a group or class;
(ii) any and all disputes, claims, and causes of action arising out of or connected with this Contest, any Prizes awarded, the administration of the Contest, promotion of the Contest or Contest results or Winners, and/or the determination of Winners, shall be resolved pursuant to the Federal law of the United States;
(iii) under no circumstances will Contestants be entitled to and, thus, Contestants hereby waive, any and all rights to claim any punitive, incidental, and/or consequential damages, and waive any and all rights to have damages multiplied or otherwise increased.
B. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the Contestants and the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the Federal law of the United States. If there is no Federal law applicable to the issue or question, then Florida law shall apply.
C. Contestant agrees and submits to the personal jurisdiction of the state and Federal courts located in Miami-Dade County, Florida in the United States of America for the purpose of resolving Any and all disputes, claims, and causes of action arising out of or connected with this Contest, any Prizes awarded, the administration of the Contest, promotion of the Contest or Contest results or Winners, and/or the determination of Winners.
D. Contestants agree and submit to Miami-Dade County as the exclusive venue for resolving any and all disputes, claims, and causes of action arising out of or connected with this Contest, any Prizes awarded, the administration of the Contest, promotion of the Contest or Contest results or Winners, and/or the determination of Winners.
Please visit the Frequently Asked Questions or the Contest Website for further Contest information and updates.