Street Studio Smackdown 2016: Contest Rules

Make Music Day

ELIGIBILITY: Street Studio Smackdown is operated and hosted by Found Sound Nation, Inc. on Found Sound Nation’s Soundcloud page (https://soundcloud.com/found-sound-nation). The contest is open to individuals who are at least the age of majority in their state, province and/or country of residence or older at the time of entry and who are not presently signed to any record label or publisher under any exclusive agreements and/or other contractual arrangements which prohibit or might prohibit them from participating in any element of this contest. VOID WHERE PROHIBITED BY LAW OR OTHERWISE.

ENTRY REQUIREMENTS: All mixes must be in the following file formats: MP3, AIFF, WAV. The use of un-cleared samples will disqualify you from the contest. An un-cleared sample is a musical work, loop or sample that is copyrighted. Participants are free to use royalty-free loops, Street Studio City recordings, samples, and/or sounds the participant has originally created.

All rights of the producer and the owner of the recorded work are reserved. Unauthorized copying, hiring, renting, public performance and broadcasting of this record, remix, or remix parts are prohibited.

Entrants shall not use the stems in any manner or for any purpose other than for entering contest. Entrants acknowledge that Found Sound Nation has no obligation to use or post any mixes. By submitting a mix, entrants warrant and represent that: (a) the mix is entrant’s original work, (b) the mix has not been previously published, (c) the mix has not previously received awards, (d) the mix does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) Entrant has obtained permission from any person whose name or voice or performance is used in the remix; and (f) exploitation, use, display or performance of the remix via any form of media, will not infringe the rights of any third parties. Entrants shall indemnify and hold harmless, Found Sound Nation and contest affiliates from any claims contrary to or in violation of these warranties and representations.

SELECTION OF WINNERS: Found Sound Nation Inc. and its designated appointees will select the winner and may, in their sole discretion, include the winner’s submission on an artist album and shall have no obligations, financial or otherwise, to the winners, except for those explicitly set forth in these official rules. Entrants give Found Sound Nation the right to transmit the winner’s personal identifying information to HARMAN International or to other contest parties for the purposes of facilitating the award of the contest prizes.

GRANT OF RIGHTS: By entering this contest, entrants assign away and transfer (as set forth below) any and all rights in the mixes on a worldwide, perpetual, irrevocable and royalty-free basis, for any and all purposes including, but not limited to, display, public performance, posting for streaming and/or download, making of derivative works, reproduction, distribution, and all other means of exploitation of the mixes. Entrants agree that HARMAN International, or a designee of Found Sound Nation, shall, from inception, own all right, title and interest in each mix (including, but not limited to, the copyrights in the sound recording) in perpetuity, free from any claims by entrant or any other person and all such works shall be deemed “works made for hire” for Found Sound Nation or such designee. Entrants shall have no ownership rights or interest whatsoever in the applicable mix, and shall not commercially use or exploit the mix in any manner whatsoever. All submission materials and mixes are licensed by the artist, under the Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 license. Entrants may use the submission materials and mixes for non-commercial purposes outside of the contest without the permission of Found Sound Nation so long as, in connection with each non-commercial use, the entrant makes appropriate attribution. For more information on the Creative Commons Attribution- Noncommercial-No Derivative Works 3.0 license please see: http://creativecommons.org/licenses/by-nc-nd/3.0/

By entering this contest, each entrant agrees: (i) that Found Sound Nation has the right to use the entrant’s mixes and entrant’s name and likeness in any and all media in connection with promotion, publicity, marketing and advertising for and by contest parties, and in connection with this contest or other promotions by Found Sound Nation as Found Sound Nation sees fit, without any further notification or compensation to or of the entrant; (ii) that Found Sound Nation shall have no obligation (express or implied) to use any remixes in any manner and entrants shall not be entitled to any damages or other relief by reason of Found Sound Nation’s use or non-use of remixes; (iii) to be bound by these official rules; (iv) that entrants may be contacted by Found Sound Nation via email regarding this contest; (v) to indemnify and hold Found Sound Nation harmless from any and all claims, demands, causes of action and judgments (including attorney’s fees, court costs and expert’s fees) arising out of or relating to any breach by entrant of the terms and conditions of these rules, including any representations and warranties made herein. By entering this contest, each entrant agrees to sign and deliver to contest parties such documents as Found Sound Nation may reasonably require to effectuate the rights and obligations granted in these rules.

GENERAL TERMS: If the winner or runner-up cannot be contacted within five (5) calendar days of first notification attempt; or if a winner rejects its prize; or in the event of noncompliance by a winner or runner-up with these rules; in addition, an alternative entrant may be selected as determined by Found Sound Nation and the contest parties from all remaining eligible entrants to replace the disqualified winner. If a prize, or any portion thereof, cannot be awarded for any reason, such prize will be forfeited. By participating in the contest, entrants release Found Sound Nation and contest parties from any and all claims, damages or liabilities arising from or relating to such entrant’s participation in the contest, and agree to resolve any dispute individually, without resort to any class action. If for any reason the contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the contest, Found Sound Nation reserves the right, in its sole discretion, to cancel, modify or terminate the contest. This contest is governed by the laws of the state of New York, U.S.A. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in New York, New York, U.S.A. for the resolution of any disputes.

LIMITATIONS OF LIABILITY AND RELEASE: Found Sound Nation and its contest affiliates assumes no liability or responsibility resulting from entrants’ participation in or attempt to participate in the contest or downloading any information in connection with participating in the contest. No responsibility or liability is assumed by Found Sound Nation or contest affiliates for technical problems or technical malfunction which may affect the operation of the contest, including but not limited to: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the website, in whole or in part for any reason; traffic congestions on the Internet or the website; unauthorized human or non-human intervention of the operation of the contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the contest, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the contest. Found Sound Nation and contest affiliates are not responsible for any typographical errors in the announcement of prizes or these rules, or any inaccurate or incorrect data contained on the website. Use of the website is at entrant’s own risk. Found Sound Nation and contest affiliates are not responsible for any personal injury to entrant or property damage or losses of any kind which may be sustained to entrant’s or any other person’s computer equipment resulting from participation in the contest, use of the website or the download of any information from the website. Found Sound Nation and contest affiliates are not responsible for any attempt by an entrant or other individual to deliberately damage or undermine the legitimate operation of this contest, including but not limited to any fraudulent claims, which may be a violation of criminal and civil laws. Should such an attempt be made, Found Sound Nation reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Found Sound Nation’s failure to enforce any term of these contest rules shall not constitute a waiver of that provision.