TIDAL X JAY-Z – B-Sides 2 Giveaway
TIDAL X: JAY-Z
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE CHANCES OF WINNING. VOID WHERE RESTRICTED OR PROHIBITED BY LAW. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM OR TWITTER.
1. Eligibility: The Tidal X: Jay-Z Contest (“Promotion”) is open only to legal residents of Connecticut, New Jersey, New York, and Pennsylvania who are eighteen (18) years of age or older at the time of entry. Employees, officers, directors, and agents (and their immediate families and members of their households, whether or not related) of Aspiro AB (“Sponsor”) and each its subsidiaries, parents, affiliates, franchisees, and advertising, promotion, prize suppliers, and prize fulfillment agencies, as applicable, are not eligible to enter or win. Promotion is void where prohibited by law. Winning the Prize (as defined below) is contingent upon fulfilling all requirements set forth herein. The Promotion is subject to all applicable federal, state, and local laws and regulations.
Individuals must have a Tidal account prior at the time of entry and must have signed up for an account before April 22, 2019 in order to participate in the Promotion. To sign up for an account (starting off as a free trial period), visit http://tidal.com/. Tidal’s Terms and Conditions of Use, available at http://tidal.com/us/terms, apply.
2. Promotion Period: The Promotion begins on April 22, 2019 at 1:00 p.m. Eastern Time (“ET”) and ends on April 24, 2019 at 5:00 p.m. ET (the “Promotion Period”). Sponsor’s clock is the official clock of the Promotion.
3. How to Enter: During the Promotion Period, upload a video to your Instagram or Twitter account (up to one (1) minute in length) of your best rendition of one (1) of Jay-Z’s “B-side” songs (your “Submission”). In order to be eligible, your Submission must tag @Tidal and include the hashtags #TIDALXJAYZ and #contest. Your Instagram or Twitter account, as applicable, must be set to “public” during the Promotion Period and the Submission must be viewable during the Promotion Period and for thirty (30) days after.
Completing all of the steps above in accordance with the Submission Requirements/Restrictions set forth below and these Official Rules will generate one (1) entry into the Promotion. LIMIT ONE (1) ENTRY PER PERSON. Submissions received after the Promotion Period will not be eligible to enter or win. In the event of a dispute as to any entry, the authorized account holder of the social media platform used to enter will be deemed to be the entrant. 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 social media platform used to enter. The potential winner may be required to show proof of being the authorized account holder of the social media platform associated with the winning entry. Signing up for an Instagram and/or Twitter account is free and can be done by visiting their respective websites at www.instagram.com and www.twitter.com. Use of their platform and participation in this Promotion is subject to their terms of service.
4. Submission Requirements/Restrictions: All Submissions must comply with the following minimum guidelines to be eligible:
- Must be original;
- Entrant must have secured in writing (and be able to produce the writing) any and all rights necessary and appropriate to submit the Submission as an entry in the Promotion and grant the rights herein, including, without limitation, all necessary appearance releases for people who appear in the video;
- Must not have won a contest or been previously published or submitted in connection with other contests;
- Must not infringe upon the copyrights, trademarks, property, privacy, publicity, intellectual property or other legal or moral rights of any person or entity;
- Must not disparage Sponsor, an entrant, or any other person or party affiliated with the Promotion or contain material that promotes bigotry, discrimination, racism, ridicule, mockery, or harm against any group or individual based on a health condition or illness, disability, race, gender, religion, nationality, sexual orientation, age, or any other basis;
- Must not contain any material that is libelous, defamatory, obscene, vulgar, threatening, abusive, pornographic, hateful, or is otherwise objectionable; and
- Cannot depict illegal activity and cannot itself be in violation of any law.
Sponsor reserves the right to disqualify any Submission that it determines in its sole discretion to have violated the Submission Requirements/Restrictions or if an entrant otherwise violates or attempts to violate any portion of these Official Rules.
5. Winner Selection: A panel of judges, as determined by Sponsor in Sponsor’s sole discretion, will select review all eligible entries received during the Promotion Period and select twenty-five (25) potential Prize winners based on the following criteria:
1) Quality of performance/rendition of “B-side” song (0-50 points); and
2) Originality of video (0-50 points).
In the event of a tie, the entry with the highest score in “Quality of performance/rendition of “B-side” song” will be deemed the potential winner. The Sponsor and judges reserve the right to consider criteria other than the forementioned, and to assign to each of the above and to any such other criteria such weights as the Sponsor and judges may determine in their sole discretion. The potential winners will be notified by direct message to the potential winner’s Instagram/Twitter account after the Promotion Period and must respond to Sponsor within 24 hours or another potential winner may be selected. The potential winners may be required to execute and return a Declaration of Compliance, Liability and Publicity Release (the “Release”) and any other documents reasonably requested by Sponsor within 24 hours of date of issuance of notification. Noncompliance with the foregoing, with these Official Rules or any notification being returned as non-deliverable, may result in disqualification and, at Sponsor’s discretion, a runner-up being notified and selected as a potential winner. The Sponsor and judges reserve the right to review all Submissions either before or after they have been posted and reserve the right in their sole and absolute discretion to reject any Submissions that violates these Official Rules or the spirit of the Promotion without any notification or warning.
6. Prizes: Twenty-five (25) prize winners will receive two (2) tickets to the Jay-Z “B-Side 2” Concert to be held in New York, NY on April 26, 2019 at Webster Hall. Each prize has an ARV of $500. Total ARV of all prizes: $12,500. Travel and accommodations will not be provided by Sponsor.
Limit: one (1) prize per person. Prize cannot be transferred, substituted or redeemed for cash, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute any prize, or portion thereof, with a prize of comparable or greater value, in its sole discretion. Guest companion (“Guest”) must be at least eighteen (18) years of age or older. Each winner and their eligible Guest are responsible for their own costs and expenses associated with the acceptance or use of the prize that are not specifically stated above (including, without limitation, transportation to/from the concert, accommodations, and costs/expenses incurred at the concert). All federal, state and local taxes on the prize value are the sole responsibility of the winner. Sponsor will not replace any lost or stolen tickets. Event tickets may be subject to additional terms and conditions; see ticket for details. Sponsor is not responsible if the concert is delayed, postponed or canceled for any reason. Winner will not receive compensation from Sponsor for tickets that the winner is unable to use due to cancellation or postponement of the concert. Winner agrees that concert admission is awarded pursuant to a revocable, nontransferable license that is personal to that applicable winner and his/her Guest, and may not be sold, resold, auctioned, bartered, assigned, exchanged, placed in commerce, transferred, given away, donated or otherwise conveyed. Winners may be required to produce government-issued identification. Only the number of prizes stated in these Official Rules is available to be won in the Promotion. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, alternate winner(s) may be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.
7. Ownership and Publicity: As between entrant and Sponsor, entrant owns the Submission provided in connection with the Promotion. By participating in this Promotion and uploading the Submission, entrant grants Sponsor and each of its parent companies, affiliates, subsidiaries, agents and licensees a royalty-free, unconditional, irrevocable, and perpetual right, license and consent, without any compensation, consideration or further notification, to use, edit, reproduce, print, publish, display, transmit, distribute, sell, perform, adapt, enhance, or create derivative works from the Submission (or any part thereof), for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes, in any media throughout the world, unless prohibited by law. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Except where prohibited, participation in the Promotion constitutes each potential winner’s consent to Sponsor’s and its agents’ use of the potential winner’s name, likeness, photograph, voice, Submission, opinions and/or hometown for promotional purposes in any media, worldwide, without further payment or consideration.
8. Release: By participating, each entrant acknowledges and agrees: (1) to be bound by these Official Rules and the decisions of the Sponsor and judges which are final and binding in all respects; (2) that his/her Submission (and all components thereof) will not be acknowledged or returned; and (3) that Sponsor, Jay-Z, Instagram, Twitter and each of their respect parent companies, subsidiaries, affiliates, advertising/promotion/fulfillment agencies, and any other person or entity associated with or affiliated with the Promotion (collectively, the “Released Parties”), shall have no liability and will be held harmless by entrants for any liability, loss, injury or damage to participants or any other person or entity, including personal injury or death to participants or any other person or damage to personal or real property, due in whole or in part, directly or indirectly, by reason of entrant’s participation in this Promotion, the use of any Submission or acceptance, possession, use or misuse of a prize. Sponsor reserves the right, in its sole discretion, to void suspect entries or to modify, cancel, terminate or suspend the Promotion (or any portion thereof) should virus, bugs, non-authorized human intervention or other causes, including but not limited to war or armed conflict (whether or not officially declared), labor controversy or threat thereof, and/or acts of God, corrupt or impair the administration, security, fairness or proper play of the promotion and, in the event of such cancellation, suspension or termination, at its discretion, as applicable, select the winner from among all non-suspect, eligible entries received prior to event requiring cancellation, termination or suspension.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to shipping or other malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant’s Submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Promotion, provided that such confirmation occurs prior to the end of the Promotion Period. Use of any device to automate or subvert the entry process is prohibited and any entries or submissions received through such means will be void. Entries or submissions will be disqualified if they contain inappropriate material or language, including profanity.
12. Disputes: Except where prohibited, all entrants agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be governed by the laws of the State of New York and shall be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction located in New York County, New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will the entrants be permitted to obtain awards for, and entrants hereby waive 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
14. Winners List: For a winners list, send a self-addressed stamped envelope to the TIDAL X: Jay-Z Contest, Attn: Aspiro AB, 1411 Broadway 39th Floor, New York, NY 10018. Requests for a winner list must be received ninety (90) days after the winners of the Promotion are selected.
15. Sponsor: Aspiro AB, 1411 Broadway 39th Floor New York, NY 10018.
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