SING-AND-SEND CONTEST RULES
By participating in this Sing-And-Send contest, each participant unconditionally accepts and agrees to comply with and abide by these official rules and the decisions of StoryChimes/Sing-And-Send (the “Sponsor”), which shall be final and binding in all respects.
ELIGIBILITY: The Sing-And-Send contest is open to legal residents of the fifty United States and the District of Columbia (excluding Puerto Rico, U.S. Virgin Islands, and U.S. and foreign possessions and territories). This contest is void where otherwise prohibited by law. Residents of ineligible locations may participate in the contest but will not be eligible to win or receive prizes. Entrants must be 18 years of age or older, or if an entrant is a minor (i.e., not at least 18 years of age), the written consent of a parent or legal guardian must be provided before any winning prize will be awarded (see below for more information pertaining to contest winners who are minors). No purchase is required to enter this contest or to receive a prize if declared a winner in this contest.
HOW TO ENTER: Entrants will record and submit their Sing-and-Send recording via e-mail to email@example.com (submission via the “Send” button on the Sing-And-Send phone app will fulfill this submission requirement). Multiple submissions by a single entrant will be allowed, provided that each submission must be of a different song choice. Sponsor reserves the right to determine in its sole discretion which submissions have satisfied the entry requirements. Sponsor will not notify participants whether or not their submission has been rejected or accepted. Entries will be logged and counted based on the time stamped electronically upon arrival. Only submissions actually received will be counted. Sponsor will not be responsible for any submissions that might have been sent but not actually received by Sponsor.
RULES OF SUBMISSION: Entrants agree that Sponsor has the sole right to decide all matters and disputes arising from this contest and that all decisions of Sponsor are final and binding. For each winning submission made by an individual entrant, that individual will be awarded the winning prize. In the event that any group of individuals elects to collaborate on their submission, for example if more than one individual sings on the submitted song, only one individual will be eligible to receive a prize (if determined to be a winning submission). The identify of that individual will be determined from the email address on the submission, and notification as a prize winner (if determined to be a winning submission) will be sent only to the submitting email address, the legal holder of which will be considered to be acting as the agent of the group entering the contest, agreeing to these official rules, and accepting any prize awarded on behalf of the group. Sponsor will not be liable for any disputes between collaborators arising under or related to the contest. If a dispute as to the identity of an entrant cannot be resolved to Sponsor’s satisfaction, the affected submission will be deemed ineligible. By entering a submission, each entrant represents and warrants to Sponsor that (i) the lyrics and music sung in the submission strictly adhere to the lyrics and melody of the version of the song contained in the Sing-And-Send application and does not infringe upon or otherwise violate any right of any third party, (ii) the entrant has all rights necessary to submit the Sing-And-Send recording in the contest in accordance with these official rules and to grant all rights in the submission to Sponsor, and (iii) no party other than the entrant has any right or legal interest in the entrant’s performance on the submission. By participating in this contest, each entrant hereby agrees to indemnify and hold harmless Sponsor and their respective affiliates, employees, officers, directors, and agents from any claim, liability, injury, damage or other loss arising out of or related to their participation in the contest. Submissions to this contest must not contain offensive or lewd content, as determined by Sponsor in its sole and absolute discretion. By entering this contest, each entrant irrevocably grants, transfers, and assigns to Sponsor the non-exclusive right and license to publish, perform, reproduce, edit, alter, distribute, display, exhibit, transmit, broadcast, televise, digitize and otherwise use the submission in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, including without limitation on the Internet and on mobile devices, and for any purpose, including, but not limited to, advertising or promotion of Sponsor and its services, all without further notice, consent or approval from or payment to such entrant, and each entrant hereby releases Sponsor from any liability arising out of any such use. Each entrant agrees that Sponsor has no obligation to use or continue using such entrant’s submission recording. Submissions that do not comply with these official rules or that otherwise contain prohibited or inappropriate content as determined by Sponsor, in its sole discretion, will be disqualified and will not be considered for a prize. Sponsor makes the final determination as to which Submissions are eligible to take part in this contest and may be considered for a prize.
PRIZES / ODDS: All submissions must be received by April 18, 2011 in order to be eligible to win a prize. There will be three winning submissions to this contest. The 5,000th; 10,000th; and 15,000th submissions in the contest will each automatically win an Apple iPod Touch 8 GB (approximate retail value: $229.00) and a $50.00 iTunes giftcard. Prizes will be awarded as each of these three submission levels is met. For any submission level which may be left unmet at the end of the contest period, Sponsor will award that level prize to the submission closest to the next goal level. In the event that none of the above submission levels are met by the end of the contest period, i.e., there are fewer than 5,000 entries overall in the contest, the last three submissions received will be awarded the three above-named prizes. Odds of winning a prize depend on the total number of eligible submissions received during the contest period.
GENERAL PRIZE CONDITIONS: All details and other restrictions of prizes not specified in these official rules will be determined by Sponsor in its sole discretion. Any and all prizes will be delivered only to an address in the United States or the District of Columbia. Prizes are non-assignable and non-transferable. No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if the prizes listed or any component of any prize listed is unavailable for any reason. Any prizes depicted in promotional packaging or otherwise in connection with this contest are for illustrative purposes only and may not represent the actual prizes that are awarded. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any contest promotional, these official rules shall prevail and govern. The prize winners shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. The potential prize winners will be required to execute certain prize claim documents (for example, an affidavit of eligibility, a liability release, and possible other documents) before receiving the prize. If a winner is considered a minor in his or her state of residence, at Sponsor’s option, the applicable prize will either be awarded in the name of the parent or legal guardian of the winner, or the parent or legal guardian of the winner will be required to ratify and sign the prize claim documents on behalf of the winning minor. If a winner (or, in the case of a minor, such minor-winner’s parent or legal guardian) fails or refuses to sign and return all requested documents to Sponsor within fourteen (14) days of their receipt (or a shorter time if required by exigencies), the winner may be disqualified and a next runner up may be selected at the sole discretion of Sponsor as an alternate winner.
WINNER SELECTION AND NOTIFICATION: Winners will be notified directly by e-mail and will also be announced by Sponsor on its Twitter and Facebook pages as the 5,000th; 10,000th; and 15,000th submissions are received. Winners will have fourteen (14) days after being notified to respond to Sponsor to claim their prize. If a potential winner does not respond within this time, or if the prize is returned as unclaimed or undeliverable to such potential winner once shipping information has been provided to Sponsor, such potential winner will forfeit his or her prize and an alternate winner will be named. If any potential winner is found to be ineligible, or if he or she has not complied with these official rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner will be named. If there is still no confirmed winner of a prize after such attempts have been made the prize may go un-awarded.
PUBLICITY RELEASE: By participating in the contest, each entrant irrevocably grants to Sponsor the right to use such entrant’s name in any and all media for any purpose, including without limitation, advertising and promotional purposes, without further payment or consideration, and hereby release Sponsor from any liability with respect thereto.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants (or if minors, their parents or legal guardians) agree that Sponsor shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the contest or any contest-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of the prizes, and that Sponsor has not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prizes, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to a participant’s computer system which is occasioned by accessing Sing-And-Send, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections including without limitation, those that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible 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. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be acting in violation of these official rules, or to be acting in an unsportsman-like or 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 Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event Sponsor is prevented from awarding prizes or continuing with the contest as contemplated herein by any act of God or any other event beyond its control, including but not limited to fire, flood, public health crisis, earthquake, equipment failure, riot or civil disturbance, terrorist threat or activity, war, government law or regulation, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend, or terminate the contest. 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.
DISPUTES: Except where prohibited, each entrant agrees that: (i) 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 by the state and/or federal courts located in Los Angeles, California; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this contest, but in no event attorneys’ fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these official rules, or the rights and obligations of the entrant and Sponsor in connection with this contest, shall be governed by, and construed in accordance with, the laws of the State of California.
PRIVACY AND PERSONAL INFORMATION: By entering the contest, you grant Sponsor permission to share your email address and any other personally identifiable information with the other contest entities solely for the purpose of administration, judging and prize fulfillment. Sponsor will not sell, rent, transfer or otherwise disclose your personal data to any third party other than as explicitly described herein.