OFFICIAL INDIE PERFORMER AND CURATOR RULES
Indie Inc. d/b/a Indie (“Indie AI”) is giving FUNK FLEX followers a chance to win prizes in the FUNK FLEX Performer and Curator Contest (the “Contest”). This Contest is governed by these Rules, as well as by Indie’s Official General Contest Rules (“General Rules”). In the event there is a discrepancy or inconsistency between these Rules and the General Rules, these Rules shall govern. Any individual who enters, attempts to enter or in any way participates or attempts to participate in the Contest (“Participant”) agrees to be bound by the terms and conditions provided in these Rules and to the extent applicable the General Rules, as well as by all interpretations of these Rules by Indie and by all other decisions of Indie which are final and binding in all matters relating to the Contest.
APPLICABLE LAW (VOID WHERE PROHIBITED):
The Contest is subject to and governed by applicable federal, state and local laws and regulations. Participation in this Contest is void where prohibited or otherwise restricted by law.
The sponsor of the contest is Indie (the “Sponsor”).
CONTEST CANCELLATION, SUSPENSION OR MODIFICATION:
Sponsor reserves the right to cancel, terminate, modify or suspend the Contest if it is not capable of being completed as planned for any reason, including, but not limited to, infection by computer virus, “bugs”, tampering, unauthorized intervention, fraud, or technical failures of any kind or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest. The decision of Sponsor to cancel, terminate, modify or suspend the Contest shall be final in all respects.
Geographical, Age and Parental Consent Requirements: The Contest is open to legal United States residents of the continental United States. Participants must be at least twenty-one (21) years of age or older at time of entry in order to participate in the music curation portion of the Contest. Participants must be at least eighteen (18) years of age or older at the time of entry in order to participate in the music submission portion of the Contest.
If Participant in the music submission portion of the Contest has not reached the age of majority in the jurisdiction in which the Participant resides, but is at least eighteen (18) years of age at the time of entry, they must obtain permission from their parent or legal guardian prior to entering the music submission portion of the Contest. Sponsors reserve the right to refuse to award a prize to or on behalf of a minor.
Contest Entity and Immediate Family Member Ineligibility: The officers, directors, employees, contractors, and agents of Indie Inc and any other entity involved in the sponsorship, development, production, implementation and distribution of the Contest as well as their respective parents, affiliates, divisions, subsidiaries and successor companies (collectively the “Contest Entities”), and their immediate family members (and those living in the same household, whether or not related), are prohibited from participating in the Contest and do not qualify as Participants. “Immediate family members” shall include spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws”, or by current or past marriage, remarriage, adoption, co-habitation or other familial extension.
Past Prize Winners: Participants who have won a FUNK FLEX contest in the last thirty (30) days or who have won prizes valued over $600 in the last twelve (12) months are ineligible.
Employer Restrictions: Participant is solely responsible for reviewing and understanding Participant’s employer’s policies regarding Participant’s eligibility to participate in contests. Participant may be disqualified from entering this Contest or receiving prizes if Participant is participating in this Contest in violation of his or her employer’s policies.
HOW TO ENTER:
For the music submission portion of the Contest, the entry period begins on Janaury 1st, 2020 at approximately 12:00PM ET and ends on June 1st, 2020 at approximately 11:59PM ET (the “Music Submission Entry Period”). For the music curation portion of the Contest, the entry period begins on January 1st, 2020 at approximately 12:00PM ET and ends on June1st, 2020 at approximately 11:59AM ET (the “Music Curation Entry Period”). Eligible Participants can enter in the following different ways:
During the applicable entry period, eligible Participants can enter in the following different ways:
Via the Internet
During the applicable entry period (either the Music Submission Entry Period or the Music Curation Entry Period, as applicable), eligible Participants can access the Funk Flex App by visiting m.me/funkflex or through a link or button located at www.submitfunkflex.com Participants who want to enter the Contest need to create a FUNK FLEX app account or log in to their previously created FUNK FLEX App account when prompted to either “Rate Music” or “Submit A Track.”
1. To Submit Music: Participants who click or tap “Submit A Track” must follow the prompts to create or log in to an account and submit a link to a public YouTube video or Soundcloud song containing Participant’s original music (the “Submission”). A fee of twenty dollars ($30) made through Paypal is required to complete the upload of each Submission. Following payment, eligible Submissions, distributed on a random basis, will be available to be rated by Participants who choose to “Rate Music.”
2. To Rate Music: Participants who create or log in to a previously created FUNK FLEX account will be able to rate Submissions by following prompts to listen to a track and select an emoji (fire emoji, wrench emoji, or trash can emoji) that best expresses the Participant’s reaction to that Submission.
All Participants must create, or have previously created, a FUNK FLEX account and accurately complete all required fields or entry will be deemed invalid. In order to participate, you will need Internet access and a valid email address.
Original Content; Ownership: Each Participant, by participating in the Contest, represents and warrants that they are the exclusive owner of the copyright and all other proprietary rights in their Submission. Participant further represents and warrants that they have the right to grant to any third party the right to use, reproduce, distribute, perform and display the Submission. All Submissions must have appropriate clearances, permissions and releases PRIOR to uploading or may be eliminated from the Contest. Any song submissions must be original material. Any unauthorized samples or performances of another artist’s material could be subject to fines, royalty fees, and/or legal action for which Participant agrees to indemnify, defend and hold Sponsor harmless. Sponsor may stream any Submission on-demand on Sponsor’s or its affiliates’ websites. Participant agrees that Sponsor is not responsible for paying any internet or other music royalties on any Submission.
False Fraudulent or Deceptive Entries or Acts: Participants who, in the view of Sponsor, in its sole discretion, provide false, fraudulent or deceptive entries or who engage in false, fraudulent or deceptive acts in connection with the Contest will be disqualified and subject to criminal prosecution.
PARTICIPATION PROBLEM DISCLAIMER:
Even if alleged to be caused by the sole or partial negligence of the Sponsor, the Sponsor is not responsible for any problems which affect or result from participation or attempted participation in the Contest, including, but not limited to the following:
1. Incorrect, incomplete or inaccurate entry information;
2. Human errors;
3. Failures, omissions, interruptions, deletions or defects of any wireless network, telephone network, internet service, computer systems, servers, utility providers, or software;
4. Inability to send a text-message;
5. Identity theft;
6. Tampering, destruction or unauthorized access to, or alteration of, entries or computer data;
7. Network hackers or other unauthorized access to Sponsors’ computer network;
8. Data that is processed late or incorrectly or is incomplete or lost due to wireless network, telephone network, computer or electronic malfunction or traffic congestion on wireless or telephone networks;
9. Printing errors;
10. Equipment malfunctions; and
11. Late, misdirected, lost, misplaced, illegible, mutilated or postage-due entries.
Participants Who Submit Music: The Participant who submits the winning Submission will receive a digital promotion campaign for their Submission and win the opportunity to perform an approximately ten (10) minute live set at the May 2020 FUNK FLEX Showcase (the “Grand Prize”). The digital promotion campaign has an approximate retail value of zero dollars ($0). This will include two (2) weeks of digital promotion starting on or around May 13th through May 24th, 2020. Digital assets included in the digital promotion campaign shall be determined in FUNK FLEX’s sole discretion and may include:
· Feature on FUNK FLEX page
· Times Square Billboard feature of Grand Prize Winner
The date of the May 2020 FUNK FLEX’s FUNK FLEX Showcase will be decided in Indie’s sole discretion and communicated to the Grand Prize winner soon after Grand Prize winner selection. Winner is solely responsible for any and all costs and expenses incurred or related in any way to Winner’s travel to New York City, New York for the May 2020 FUNK FLEX’s FUNK FLEX Showcase. The approximate retail prize value for opportunity to perform live at the May 2020 FUNK FLEX’s FUNK FLEX Showcase is zero dollars ($0).
Participants Who Rate Music (“Curators”): Curators at the end of the Music Curation Entry Period can earn a cash prize of at least $100. Before payment is sent, a curator must request a payment via their app bank located in the Funk Flex App. Payment can take up to 90 days to be sent as each rating & review is thoroughly reviewed at Indie’s discretion.
No transfer, assignment or substitution of a prize is permitted, except Sponsor reserves the right to substitute a prize for an item of equal or greater value in the event an advertised prize is unavailable. Any difference between the actual value and the approximate retail value of any prize will not be awarded. No substitution or cash equivalent will be made.
Participant prize-winners are solely responsible for determining and paying all federal, state and local taxes (including any sales taxes). Any person winning over $600 in Indie contest prizes during any one-year period will receive an IRS Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.
Participants Who Submit Music:
Once uploaded to FUNK FLEX FUNK FLEX Web App, Submissions may be rated by Curators who will select an emoji (fire emoji, wrench emoji, or trash can emoji) that best reflects the Curators’ reaction to that Submission. Curators should base their rating on overall music quality. Submissions will appear on a Leaderboard based upon their ranking: for Submission points, the ranking is an average of the Submission’s votes given by Curators (where fire emoji =100, wrench emoji = 50 and trash can = 0) or otherwise subject to the Sponsor’s FUNK FLEX Web App scoring system. Submission points are only calculated and distributed to the Submission through the FUNK FLEX Web App scoring system once the Submission receives a minimum number of Curator ratings, as established by the Sponsor in its sole and absolute discretion.
At the end of the Music Submission Entry Period, the top twenty (20) overall highest-rated Submissions will be selected for individual judging by a member of the FUNK FLEX music department (the “Judge”). In the event of a tie for the twentieth (20th) ranking on the Leaderboard, all tied Submissions will advance to the individual judging round. The Judge will base his/her rating on the following criteria: lyrics, production, star quality, and flow. The Submission receiving the highest overall score by the Judge will be the Grand Prize winner. In the event of any tie for highest, second or third highest overall scores by the Judge, the winner of any such tie will be the Submission receiving the highest score on the Leaderboard.
Participants Who Rate Music (“Curators”):
Curators will be ranked on the Curator Leaderboard by acquiring the most points, gained from their ability to rate Submissions consistently with the majority of other Curators. Subject to the FUNK FLEX Web App scoring system, if a Curator rates that a Submission is “hot” (fire emoji), a Submission is “not hot” (trash can emoji), or a Submission “needs work” (wrench emoji) and that Curator’s song rating is consistent with the majority opinion of other Curators for that song, the Curator is awarded five (5) points for rating consistently with the majority opinion of other Curators. Curators will also receive one (1) point for each song the Curator rates. The Curator’s points are calculated when a song receives the minimum number of Curator ratings, as established by the Sponsor. The top Curator on the Curator Leaderboard at the end of the Music Curation Entry Period, will win the FUNK FLEX Curator Prize Pack. In the unlikely event of a tie for the top position on the Curator Leaderboard at the end of the Music Curation Entry Period, the Curator that rated the most songs will be the winner.
WARRANTIES AND REPRESENTATIONS:
By entering and participating in the Contest, and in consideration thereof, each Participant individually warrants and represents to Sponsor that: (i) they meet the residency and age requirements at the time of entry; (ii) they will be bound by these Rules and the General Rules, and by all applicable laws and regulations, and the decisions of the Sponsor; (iii) they waive any rights to claim ambiguity with respect to these Rules and the General Rules; (iv) they are the sole creator and owner of the Submission, including any music or music video included therein, and they have the full legal right, power, and authority to grant to the Sponsor the license provided for in these Rules; (v) they own or control the complete exhibition and other rights to the Submission for the purposes contemplated in the license; and (vi) the Materials (as hereinafter defined) or any use thereof, shall not violate any law and shall not infringe upon or violate the rights of any person (including, without limitation, contractual rights, copyrights, trademarks, rights of publicity and rights of privacy). “Materials,” as used in this subsection means any and all information, content, and data, including but not limited to the Submission, provided by Participant to enter the Contest. Sponsor’s acceptance and/or utilization of the Materials hereunder shall not constitute a waiver of Participant’s representations, warranties or agreements in respect thereof, or a waiver of any of Sponsor’s rights or remedies.
RELEASE OF LIABILITY AND INDEMNIFICATION:
As consideration for entering the Contest, all Participants agree to RELEASE, DISCHARGE AND COVENANT NOT TO SUE Indie Holding Inc., Indie Radio, LLC, Indie Communications Corporation, Indie Operating Company, Heir Apparent, Inc., the other Contest Entities (as described above) and each of their respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, disc-jockeys, on-air personalities, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the “Released Parties”), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Additionally, as consideration for entering the Contest, all Participants agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest or for their failure to comply with the terms of the above release provision. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Furthermore, Participant expressly waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of the State of California, and does so understanding and acknowledging the significance and consequence of such specific waiver of Section 1542. Section 1542 of the Civil Code of the State of California states:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Thus, notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of the Released Parties, Participant expressly acknowledges that this release is intended to include, in its effect, without limitation, all claims which Participant does not know or suspect to exist in Participant’s favor at the time of execution hereof, and that this release contemplates the extinguishment of any such claim or claims. Participant acknowledges and agrees that this general release is specifically intended to be as broad and comprehensive as permitted by California law.
This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram or any other social media platform. By submission of an entry, Participant releases Facebook, Twitter, Instagram, and any other social media platform from any responsibility or liability for the Contest’s administration, prizes or promotion. You are providing entry information to the Sponsor and not to Facebook, Twitter, Instagram, or any other social media platform.
Unless prohibited by applicable law, Participant authorizes and irrevocably grants to Indie and the other Released Parties (as defined above) permission to, from time to time, reference and discuss Participant and their participation in the Contest on-air and/or on their website(s) in photographs, video recordings, digital images, audio recordings, as well as in publications, newsletters, news releases, other printed materials, and in materials made available on the Internet or in other media now known or hereafter developed. Such reference and discussion may involve Participant’s name and voice, and other personal/biographical material or their participation on-air.
By participating in the Contest, Participant irrevocably grants to Sponsor the perpetual right, without any liability to any person or entity, to reproduce, adapt, transmit, distribute, communicate, make available and otherwise use the Materials throughout the universe in any medium and in any manner, now or hereafter known, including, without limitation, if applicable, radio and television broadcasts, and cable and satellite transmissions, without payment of any compensation to Participant in connection with the Contest.
All participants agree to be bound by these Rules. Non-compliance with any of these Rules will result in disqualification and all privileges as a Participant will be immediately terminated. Sponsor, in its sole discretion, further reserves the right to disqualify any person for: (i) tampering with the entry process or the operation of the Contest; (ii) gaining an unfair advantage in participating in the Contest; (iii) obtaining winner status using false, fraudulent or deceptive means; or (iv) engaging in otherwise unsportsmanlike, disruptive, annoying, harassing, or threatening behavior.
CAUTION: ANY ATTEMPT BY ANY PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF ANY CONTEST, TELEPHONE SYSTEMS OR WEB SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
RULES CHANGES AND INTERPRETATIONS:
Sponsor reserves the right in its sole discretion to supplement or make changes to these Rules as well as the rules of any Indie contest at any time without notice. Sponsor reserves the right in its sole discretion to interpret the rules of this Contest, and such interpretation shall be binding upon all Participants.
AGREEMENT TO ARBITRATE:
To the fullest extent permitted by law, by participating in the Contest, Participant understands and agrees that:
a. the Federal Arbitration Act applies to this agreement, and if the parties are unable to resolve their dispute amicably, it shall be resolved by means of binding arbitration (not in a court of law);
b. any and all disputes, claims, and causes of action arising out of or in connection with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action (even if the rules and procedures of the arbitration tribunal allow class arbitrations);
c. 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 and under no circumstances will Participants be permitted to obtain awards for attorneys’ fees, and Participants hereby waive all rights to claim punitive, incidental, or consequential damages, or any other form of damages, other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased;
d. any claim or dispute regarding the Contest or these Official Rules will be resolved pursuant to the laws of New York, without regard to the conflicts of laws and rules of New York;
e. any claim or dispute regarding the Contest or these Official Rules will be resolved in a tribunal within the state of New York, and Participants submit to the jurisdiction of, and waive all objections to the jurisdiction or venue of, such tribunal; and
f. if for any reason a claim or dispute regarding the Contest or these Rules proceeds in court rather than through arbitration, there will not be a jury trial.
The invalidity or unenforceability of any provision of these Rules, including but not limited to the agreement to arbitrate, shall not affect the validity or enforceability of any other provision. If any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained herein.
GENERAL RULES/LIST OF WINNERS:
Copies of these Rules and/or the General Rules may be obtained by sending a self-addressed stamped envelope to: FUNK FLEX Performer and Curator Rules and/or Official Contest General Contest Rules, 500 7TH Ave, 14th floor, New York, NYThese Rules and the General Rules may also be found at www.submitfunkflexcom.
Indie Holding Inc. d/b/a FUNK FLEX
500 7th Ave, 14th Floor
New York, NY 10014