Uneek Music Official Lomotif Challenge Contest Rules
OFFICIAL CONTEST RULES FOR LOMOTIF CONTEST
THE FOLLOWING ARE GENERAL RULES, TERMS AND CONDITIONS GOVERNING YOUR ENTRY AND PARTICIPATION IN LOMOTIF INC.’S (“LOMOTIF”) CONTEST AT THE LOMOTIF WEBSITE OR MOBILE APP. PLEASE READ THESE RULES CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THIS CONTEST IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS AND IS VOID WHERE PROHIBITED BY LAW.
HOW TO ENTER THE CONTEST
The Contest begins at 12:00 PM PST on 6/10/19 and ends at Midnight on 6/23/19 (“Contest Period”). All entries (submissions) must be received on or before the time stated during that submission period. LOMOTIF reserves the right to extend or shorten the Contest at their sole discretion.
- Complete the Entry Form in its entirety, including your name, address, telephone number and email address. All contact information must be current, accurate and valid. All requested information on the Entry Form must be completed to enter and to be eligible to win. Entries will be deemed to have been submitted by the Authorized Account Holder of the e-mail address submitted at time of Entry. “Authorized Account Holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (such as a business or educational institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Entries must be received no later than 6/23/19on the last day of the Contest Period as solely determined by the computer time on Sponsors’ server.
- Like/Comment Drawings: Users who like and comment on Video Contest Submissions are entered into a bi-weekly drawing for a gift bag. You may not enter more times by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of LOMOTIF. The odds of winning depend on the number of eligible entries received.
GENERAL SUBMISSION GUIDELINES/CONDITIONS OF PARTICIPATION
Your video submission must be original, creative, relevant to the particular Contest theme and created by you. By entering the contest, you hereby grant to LOMOTIF (and sponsor or co-sponsors where applicable) (i) a nonexclusive, worldwide, irrevocable, royalty-free license to reproduce, distribute, publicly display, and publicly perform the videos you submit to LOMOTIF, and (ii) the right to use your name, city, state, and country of residence in promotions and other publications. The submission of a video constitutes your express permission to use the video and the name, voice and likeness of you therein (where applicable), as well as your representation that you have obtained all necessary permissions and approvals to use the video and the name, voice and likeness of all persons appearing in the video, in and in connection with the LOMOTIF website and any and all other exploitations thereof or otherwise, including, without limitation, for programming, advertising and promotional purposes, in all media and/or technologies, now known or hereinafter created. In the event that a video does not meet the video format, theme, or size requirements or other conditions, LOMOTIF may elect to either disqualify the entry, at its sole and exclusive option. All Contest Submission are also required to conform to the following guidelines:
- Video must be in one of the following formats: Quicktime (MOV), Windows Media (WMV), Audio Video Interweave (AVI), MPEG 1, MPEG 2 and MPEG, and may not be larger than 720p.
- Submissions must be appropriate for a broad audience of potential viewers or varying ages since the winning Submission may be broadcast at the LOMOTIF website and mobile application;
- Submissions should not feature any trademarks (including logos), except where authorized by the specific Contest requirements.
- No Submission may depict any nudity, animal cruelty, harmful or illegal activity or substances, or offensive, obscene subject matter as determined in LOMOTIF’s sole discretion.
- Where applicable, no Submission shall portray sponsors or co-sponsors in a negative light, as determined in LOMOTIF’s sole discretion.
- Submissions must be original works of authorship, created by the person who submits the entry.
- Submissions may not malign another branded product or service by name.
- Submission must be the original work of the Contestant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. Contestants may not copy or otherwise plagiarize the Submission from any source, nor may the video or photograph include third-party copyrighted material, such as music (including background music), artwork, or movie snippets, without the copyright holder’s permission. By entering, you warrant that your Submission does not infringe any third party’s rights, and that you have obtained any necessary permission from all relevant third parties to submit the Submission. Any music or images used in the video Submission must be an original work of authorship under U.S. Copyright Law. If the Submission contains any material or elements that are not owned by the Contestant and/or which are subject to the rights of third parties, the Contestant is responsible for obtaining, prior to submitting the Submission, any and all licenses, releases and consents necessary to permit the use and exhibition of the Submission in the manner set forth in these Official Rules.
- You may not be, nor may you use in your Submission parties who: (1) are represented under contract (e.g., by a talent agent or manager) that would limit or impair our ability to show the Submission in any media form; (2) have an acting or modeling contract that would make their appearance in the Submission a violation of any third party rights; (3) are under a merchandising agreement; or (4) are under any other contractual relationship, including but not limited to guild and/or union memberships, that may prohibit them from participating fully in this promotion, or from allowing us to use the Submission online and in television media.
- Contestant must hold all rights to the entire Submission. Contestant must secure – and finalists will be required to submit — a written release from any actors and/or any other participant featured in the video and/or photograph to use their name and likeness under the terms and conditions of these Official Rules. Any actors, music, voice-overs, or images contained in any Submission must be properly licensed, and evidence of such may be requested by Sponsors at any time during or after the Contest Submission Period. Contestant agrees to indemnify Sponsors against any and all claims from any third party for any use by Sponsors of the Submissions.
- We reserve the right to exclude any Submission that we believe does not meet the above criteria and any other criteria established in connection with a particular Contest (as disclosed on the dedicated Contest page), at our sole discretion.
GENERAL CONDITIONS OF PARTICIPATION FOR THE CONTEST
If you engage in any unauthorized use of the LOMOTIF website or make any misrepresentations in your submissions to LOMOTIF, LOMOTIF reserves the right to terminate your account, disqualify you from participating in the Contest and otherwise take appropriate action as determined by LOMOTIF in its sole and exclusive discretion. By way of example, the following list of conduct may result in your disqualification from participation in the Contest and the termination of your LOMOTIF account:
- Falsifying personal information required to enter a Contest or claim a prize;
- Engaging in any submissions or voting through unauthorized methods such as automated scripts, bots, or other automated means;
- Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the LOMOTIF website or of any user for any purpose;
- Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest or the LOMOTIF website;
- Obtaining other entrants’ information and spamming other entrants; or
- Abusing the LOMOTIF website in any way.
The foregoing list is not intended to be exhaustive and is only intended to provide examples of types of disqualifying conduct.
JUDGING AND NOTIFICATION
Contests offered via the LOMOTIF website are contests of skill, creativity and knowledge of the Contestants based on criteria established by LOMOTIF and judged by users of the LOMOTIF and Uneek Music Inc. (“Sponsor or Co-sponsor”). All entries will be prescreened by LOMOTIF to ensure the entries have correctly met the Submission Guidelines and meet with LOMOTIF’s general standards and practices prior to any judging (“Qualified Submissions”). At any time before, during or after the Contest Period, LOMOTIF (or may, in its discretion, choose to post or distribute one (1) or more Submissions, their creator’s name and profile information in any media and on any website (including on any Sponsor or co-sponsors’ websites or LOMOTIF’s website and mobile application, and third-party websites) for promotional purposes only. Contestants understand that users of these sites may share, comment on (including negatively) and re-post their Submissions during and after the Judging Period. Posting of this/these Submission(s) will not mean that said Submissions are eligible to win or are a finalist or selected Contestant.
Online Voting Round: Video Contest submissions will be accessible via the LOMOTIF website for public viewing, voting, and comments. The top-scoring Contestant based on the total number of user likes and comments will receive one (1) vote, and Uneek Music will be entitled to one (1) vote. The Contestant with the most votes will be deemed the potential winner (“Winner”). In the event of a tie, Uneek Music will cast the tie-breaking vote in order to determine a Winner. LOMOTIF is not responsible and shall not be held liable, and your entry may be disqualified and may not be considered for any prize, should your Submission be removed from the site for any reason (including without limitation DMCA take-down), or should your Submission be unavailable for any time during the applicable Contest Period. Use of bots, devices and other programs to increase views or votes is prohibited.
LOMOTIF’s determination of the Winner of the Video Contest and Like/Comment Drawing is final and binding on all matters relating to this Contest. Winners will be notified by telephone, mail and/or email and may be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by LOMOTIF (or the sponsor or co-sponsor where applicable), which must be returned within five (5) days of date appearing on prize notification. Return of prize or prize notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of LOMOTIF to contact a potential winner within a reasonable time period or noncompliance with these Official Rules by any potential winner will result in disqualification and, at Sponsors’ sole discretion, the prize may be awarded to a runner-up. If any potential winner is at least 18 but still considered a minor in his/her jurisdiction of residence, Sponsors reserve the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners set forth herein.
CONTEST PRIZES & TAXES
The selected winner will receive one (1) gift bag. If the selected winner is referred by a LOMOTIF user, the referring user will also be eligible to receive one (1) gift bag. The gift bag contents have an approximate retail value of $200 – $1,000, but the actual/ appraised value may differ at the time of prize award. The gift bag awarded to the User Like/Comment Drawing has an approximate retail value of $200 – $1,000, but the actual/appraised value may differ at the time of prize award. The specifics of the gift bag and concert ticket shall be solely determined by LOMOTIF. No cash or other prize substitution shall be permitted except at LOMOTIF’s sole discretion. If the concert, event, or place of business is postponed, rained out, canceled or for other reasons beyond our control does not occur or continue to exist, LOMOTIF will not be responsible for replacing the concert ticket.
Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with any prize which are not specifically provided for in the Official Rules. Each winner may be required to provide LOMOTIF with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded.
PUBLICITY AND SUBMISSION RELEASE
By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between or among LOMOTIF (and its sponsors or co-sponsors where applicable), on the one hand, and the Contestant, each Contestant irrevocably grants LOMOTIF (and its sponsors or co-sponsors where applicable) and their respective successors, assigns and licensees, the right to use such Contestant’s Submission, name, likeness, biographical information, and any individual(s) participating in the Submission, in any and all media for any purpose, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with the Website or the Contest or other promotions, and hereby release the Sponsors from any liability with respect thereto, unless prohibited by law.
By entering the Contest, Contestants indemnify, defend and hold harmless LOMOTIF (and its sponsors or co-sponsors where applicable) and their respective parents, affiliates, subsidiaries, retailers, advertising and promotion agencies and the respective officers, directors, employees and agents of each of the foregoing (hereafter, collectively referred to as the “Contest Parties”), from any and all damages whether direct or indirect, which may be due to or arise out of participation in the Contest or any portion thereof, or the acceptance, use/misuse or possession of any prize.
GENERAL LIABILITY RELEASE/FORCE MAJEURE
Contestants release any and all rights to bring any claim, action or proceeding against the Contest Parties, further covenant not to sue any Contest Parties and hereby acknowledge that none of the Contest Parties have made or is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Contest or the prizes.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, You acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between you and the Contest Parties. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto.
Contestants agree that the Contest Parties shall not be responsible or liable for any losses, damages or injuries of any kind resulting from the Contest or any Contest-related activity. The Contest Parties assume no responsibility for any damage to a Contestant’s computer system or mobile device which is occasioned by accessing the LOMOTIF website or participating in the Contest, or for any computer system, mobile device, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, LOMOTIF (and sponsor or co-sponsors where applicable) are not responsible for incomplete, misdirected, misprinted, late, lost, damaged or stolen submissions or notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Any attempts to access the site, enter the Contest or increase credit score via a bot script, device or brute-force attack will result in disqualification, including that IP address becoming ineligible for the entire Contest. LOMOTIF (and sponsor or co-sponsors where applicable) reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the LOMOTIF website, to be acting in violation of these Official Rules, or to be acting in a disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and LOMOTIF (and sponsor or co-sponsors where applicable) reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. LOMOTIF (and sponsor or co-sponsors where applicable) reserves the right to cancel or suspend the Contest, in its sole discretion, should it receive fewer than 100 entries or due to circumstances beyond its control, including natural disasters. In the event LOMOTIF (and sponsor or co-sponsors where applicable) is prevented from continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within LOMOTIF’s (and sponsor’s or co-sponsors’ where applicable) control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, LOMOTIF (and sponsor or co-sponsors where applicable) shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, LOMOTIF (and sponsor or co-sponsors where applicable) will (if possible) select the winners from all eligible, non-suspect Contestants received as of the date of the event giving rise to the termination. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The Contest shall be governed by California state law. By participating in any Contest, Contestants agree that California courts shall have sole and exclusive jurisdiction over any dispute or litigation arising from or relating to this Contest. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CONTEST. SHOULD SUCH AN ATTEMPT BE MADE, LOMOTIF (AND SPONSOR OR CO-SPONSORS WHERE APPLICABLE) RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Any submission that is considered by LOMOTIF (and sponsor or co-sponsors where applicable) in its sole discretion to be obscene, libelous, inapposite to the reputation of Sponsors, or otherwise objectionable or inappropriate, or which otherwise does not comply with these Official Rules will be disqualified. Any communication or information transmitted to LOMOTIF (and sponsor or co-sponsors where applicable) by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. Proof of Entry is not considered proof of receipt of such Entry. Furthermore, LOMOTIF (and sponsor or co-sponsors where applicable) shall have no liability for any Entry that is lost, intercepted or not received by LOMOTIF (and sponsor or co-sponsors where applicable).
ARBITRATION/FORUM SELECTION/GOVERNING LAW
Except where prohibited by law and as a condition of participating in this Contest, Contestant agrees that (1) any and all disputes and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association (“AAA”) and held at the AAA regional office in Los Angeles, California; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Contest), and participant further waives all rights to have damages multiplied or increased. If for any reason the foregoing arbitration mandate does not apply, 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 exclusively any action exclusively by the United States District Court for the Central District of California or the appropriate California State Court located in Los Angeles County, California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Contestant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
WINNERS LIST/OFFICIAL RULES
To obtain a copy of a winners list, send a self-addressed, stamped envelope to LOMOTIF at __________________________. All such requests must be received no later than 90 days from the end date of the Contest. These Official Rules and Winner(s) will be posted on the Website
[INSERT MAILING ADDRESS]
[INSERT EMAIL ADDRESS]
UNEEK MUSIC INC.
4317 Crenshaw Blvd, Los Angeles, CA 90008