BEYONCÉ END OF TIME REMIX CONTEST
The Beyoncé End of Time Remix Contest (the “Contest”) is open to individuals who are at least eighteen (18) years of age as of February 8, 2012. The following rules apply to legal residents of the 50 United States and District of Columbia (“Rules Territory”). Entrants understand that they are competing with individuals outside the Rules Territory. Entrants outside the Rules Territory must consult the rules for their jurisdiction. Employees, agents or officers of Sony Music Entertainment (“Sponsor”), SoundCloud Ltd, or of any entity involved in the development, production, implementation and distribution of the Contest, including any advertising or promotion agency, supplier of prizes for the Contest, parent company, service provider, subsidiary or affiliate of any such entity or any other entity directly associated with the Contest or any member of the immediate family of and/or person living in the same household as such persons, are ineligible to enter the Contest. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
(a) The Contest begins on February 8, 2012 at 11:00:00 a.m. Eastern Time (ET) and ends on March 8, 2012 at 11:59:59 p.m. ET (“Contest Period”). To enter the Contest, visit www.beyonceonline.com and download the audio stems of her single, “End of Time” (“Stems”). Then, using the Stems, fans should create a remix of the song (“Submission Materials”) and upload it at www.soundcloud.com. No purchase is necessary to acquire the Stems for use as part of the Submission Materials. Any individuals appearing in the Submission Materials who are under the age of majority in the State in which they reside, as of the date of the submission of such entry, must obtain consent from a parent or legal guardian to appear in the Submission Materials. Submission Materials should not contain contributions from anyone under the age of 18.
To upload Submission Materials, Entrants should visit the official Contest page at www.soundcloud.com (“SoundCloud”), register for a SoundCloud account by providing their full name, email address, telephone number, country and their Submission Materials.
(b) For purposes of these Official Rules, the Stems or any portion of thereof shall be defined as “Sponsor Content”.
(c) One (1) entry per person. Any duplicate entries received by any entrant will be disregarded, and entrant may be disqualified. By entering, entrants agree to be bound by the decisions of the judges, Sponsor and these Official Rules and to comply with all federal, state, and local laws and regulations. Sponsor, and those working for Sponsor or on behalf of Sponsor, will not be responsible for lost, late, misdirected, damaged, or postage due mail or e-mail, or for Internet, computer hardware and software, phone, and/or any other technical errors, malfunctions, and delays. Entries which are mutilated, incomplete, illegible, inaccurate, forged, irregular in any way, or otherwise not in compliance with these Official Rules are also void. In the event of a dispute concerning who submitted an entry, the entry will be deemed to have been submitted by the authorized holder of the e-mail account from which the entry is made. The “authorized account holder” is the natural person to whom an email address is assigned by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) responsible for assigning email addresses for the domain associated with the submitted email address.
(d) In addition, the Submission Materials may not contain references which are obscene, crude or vulgar, and/or which contain gang identification, references to commercial products, license plate numbers, phone numbers, personal addresses (physical or email), Web site URLs, derogatory characterizations of any ethnic, racial, sexual or religious groups, references to illegal or inappropriate activity, behavior or conduct, or any other references that could be considered inappropriate, unsuitable or offensive, as determined by Sponsor, in its sole discretion.
3. Our Right to Use Your Work and Information about You.
(a) Submission Materials are and shall upon submission become the property of Sponsor and will not be acknowledged or returned.
(b) With the exception of any Sponsor Content:
(i) you represent and warrant that: (A) all contents of Submission Materials are wholly original, have been created and performed entirely by Entrant, have not been taken in whole or in part from any source other than Entrant and do not incorporate or include anything that is owned by any third party or would require the consent of any third party; (B) you own and/or control 100% of all right, title and interest in and to the Submission Materials, as well as all elements contained therein; (C) the Submission Materials do not and shall not violate any law or the copyright, trademark, publicity right, privacy right, or any other right of any third party; and (D) the Submission Materials, or any part thereof, have not been commercially released; and
(ii) you agree that the Submission Materials shall be a “work made for hire,” with all rights therein, including, without limitation, the exclusive copyright, being the property of Sponsor and its licensees and designees. In the event the Submission Materials are considered not to be a “work made for hire,” you irrevocably assign to Sponsor all right, title, and interest in your entry (including, without limitation, the copyright) in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof, including, without limitation, for purposes of advertising or trade, and to authorize Sponsor's licensees and designees to similarly exercise such rights.
(c) You hereby hold Sponsor and its representatives harmless from and against any third party claim arising from use of the Submission Materials. You waive any right to privacy. You waive any right to inspect or approve uses of the Submission Materials or to be compensated for any such uses. You hereby represent and warrant that you are at least 18 years of age and that you have read these Official Rules and are fully familiar with their contents.
(d) By providing Submission Materials in connection with this Contest, you grant to Sponsor, its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), voice, biographical information, Submission Materials, entry form information and written and oral statements, for advertising and promotional purposes in promoting or publicizing the Submission Materials, Sponsor and their products and services, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), e-mail address, biographical information, or entry. The rights granted under this paragraph shall extend to Sponsor, their representatives and their affiliated companies with respect to all entrants in the Contest, including the entrants who are selected as Winner and those entrants who are not selected as the Winner. Sponsor and their representatives are under no obligation to use the Submission Materials for any purpose.
(e) By entering this Contest, you represent and warrant that: (I) YOU expressly agree to all terms and conditions set forth in these Official Rules; (II) ENTRANT PROVIDES ENTRANT’S EXPRESS PERMISSION TO APPEAR IN THE SUBMISSION MATERIALS; and (iiI) ENTRANT is aware of and consents to the display AND EXPLOITATION of the Submission Materials BY SPONSOR as described herein.
4. Selection of Winner / Prizes.
(a) All eligible entries received during the Contest Period will be ranked by SoundCloud users. The top fifty (50) ranked eligible remixes will be reviewed by a panel of judges, which panel shall include Beyoncé (or her representative) and employees of Parkwood Entertainment, on or about March 13, 2012, on the basis of the following criteria: originality (40%), creativity (30%), and musicality (30%). One (1) Grand Prize Winner will be selected and shall be the entrant with the overall highest score. In the event of a tie, the Winner shall be the entry which receives the highest score on originality. One (1) Grand Prize Winner will be selected.
(b) Winner will be notified via his or her SoundCloud account directly by SoundCloud, with the contact information associated with the account from which the subject Submission Materials originated, and will be required to sign and return a Declaration of Eligibility and Publicity/Liability Release (and any other documents required by Sponsor), within four (4) calendar days of notification. Winner may also be required to send a copy of his or her government-issued ID or birth certificate as proof of age and residency. If winner cannot be contacted within three (3) calendar days of first notification attempt, if the prize notification is returned as undeliverable, if a winner rejects the prize, in the event of noncompliance with these Rules, or if the Declaration of Eligibility and Publicity/Liability Release is not properly executed, the prize will be forfeited and an alternative winner may be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given. The Declaration of Eligibility and Publicity/Liability Release, and any other additional documents required by the Sponsor, must be completed. The information in Winner’s Declaration of Eligibility must be correct and must be identical to the information provided in Winner's entry or the Winner may be disqualified.
(c) One (1) Grand Prize:
Winner must be at least eighteen (18) years old as of February 8, 2012. Prizes are non-transferable. No substitutions or cash redemptions provided that the Sponsor reserves the right to substitute the Prize in whole or in part for a prize of equal or greater value in the event that any component of the Prize is unavailable for any reason. Prizes may not be sold, bartered or transferred. Prizes do not include any additional expenses, including, but not limited to federal, state and local sales or other taxes and surcharges which are the responsibility of each winner.
Approximate combined retail value of all prizes is Four Thousand Dollars US Dollars (USD $4,000.00). The approximate retail value of the prizes represents Sponsor’s good faith determination. Participation in the Contest constitutes entrant’s full and unconditional agreement to these Official Rules, and Sponsor’s determinations are final and binding and cannot be appealed. If the actual value of the prizes turns out to be less than the stated approximate retail value, the difference will not be awarded in cash.
NOTE: BY WINNING THIS CONTEST THERE IS NO GUARANTEE THAT THE SUBMISSION MATERIALS WILL BE USED BY SPONSOR OR OTHERWISE.
(d) By accepting the prize, Winner releases and discharges Sponsor, its representatives, affiliated companies and the respective parents, subsidiaries, affiliates, advertising and promotion agencies of each, and all their respective employees, officers, directors, representatives and agents from any liability or damage due in whole or in part to the award, acceptance, possession, use or misuse of any prize or from participation in this Contest. Sponsor reserves the right to substitute a comparable prize of like or greater value for any prize, for any reason.
(e) If, for reasons beyond the control of Sponsor (including, but not limited to, tampering or computer virus infection), the Contest is not capable of running as originally planned, Sponsor, at its sole discretion, reserves the right to cancel or modify the Contest, without liability. If a sufficient number of eligible entries (as determined by Sponsor in its sole discretion) are not received by the end of the Contest period, Sponsor reserves the right not to award any or all prizes. All taxes (including, but not limited to, income taxes) are the sole responsibility of Winner. Any person attempting to defraud or in any way tamper with this Contest and any person who does not comply with these Official Rules, will be ineligible for any prize and may be prosecuted to the full extent of the law.
5. Issues of Law.
All federal, state and local laws and regulations are applicable. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF NEW YORK SHALL EXCLUSIVELY GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS. The Contest is void where restricted or prohibited by law.
6. Your Release of Sponsor from Any and All Liability.
Entrants agree that Sponsor, and its representatives shall not be liable for losses or injuries of any kind resulting from: (i) acceptance/possession and/or use/misuse of prize(s), (ii) participation in the Contest, (iii) individual, joint or collective technical malfunctions of the telephone network and/or transmission line, computer on-line system, computer dating mechanism, computer equipment, hardware and/or software, or (iv) any delay or distortion of an entry resulting from data transmissions that are garbled, incomplete, misdirected, lost, mutilated, delayed, corrupted, mechanically duplicated, illegible or otherwise not in compliance with these Official Rules. Entrants also agree that Sponsor and/or its representatives are not responsible or liable for any injury or damage to an entrant's or third person's computer related to or resulting from the Contest and/or its prizes. Sponsor is not liable for damage to a user's computer system (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction) due, either directly or indirectly, to an entrant's participation in the Contest or downloading of information in connection with the Contest. Sponsor reserves the right to modify or cancel the Contest in the event that any portion of any website used to administer any aspect of the Contest becomes technically corrupted. Nothing in these Official Rules shall be deemed to exclude or restrict any of the winner’s or the entrant’s statutory rights as a consumer.
7. Personal Data.
8. How to Get More Information
(a) To obtain the name of the Winner, send a self-addressed, stamped envelope to: “Beyoncé End of Time Remix Contest” Columbia Records, 550 Madison Avenue, New York, NY 10022 by May 13, 2012.
The Sponsor of this Contest is Sony Music Entertainment (US), 550 Madison Avenue, New York, NY 10022.
(b) Copies of these Official Rules may be obtained by sending a self-addressed, stamped envelope to: “Beyoncé End of Time Remix Contest” Columbia Records, 550 Madison Avenue, New York, NY 10022. Requests for Official Rules must be received by March 31, 2012.