Leaf #singit competition – official rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. FAILURE TO COMPLY WITH THESE RULES WILL VOID AN ENTRY. THE CONTEST IS VOID OUTSIDE OF THE U.S. AND WHERE PROHIBITED. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK OR INSTAGRAM.  

THE SOONER YOU ENTER, THE BETTER CHANCE YOU HAVE TO WIN.

  1. Eligibility. The Leaf #singit competition (“Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are thirteen (13) or older at the time of entry. Employees of Clap Online Pty Ltd and Leaf and each of their respective related companies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all federal, state and local laws and regulations and is void outside of the U.S. and where prohibited by law.
  1. Sponsor. Clap Online Pty Ltd, c/o Ash Street Partners, Level 18, 9 Castlereagh St., Sydney, NSW 2000 Australia.
  1. Agreement to Official Rules. By using the Contest hashtag specified in Section 5 below, you indicate your full and unconditional agreement to these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein in a timely manner.
  1. Entry and Voting Period. The Contest begins on April 12, 2017, at 9:00 a.m. Eastern Daylight Savings Time (“ET”) and ends on May 10, 2017, at midnight ET (the “Entry and Voting Period”). Entries received prior to or after the Entry and Voting Period will be disqualified.
  1. How to Enter. You must download the clapit application in order to enter. The application is free to download and use from the iOS store. To enter, during the Entry and Voting Period, create a ME profile on the clapit application, and upload a video clip, up to one (1) minute in length, of yourself singing or rapping (a “Video Clip” and these actions together, an “Entry”). Each Video Clip must be uploaded on the clapit app with the hashtag #singit to be eligible. Video clips will be judged based on the criteria in Section 7, below. Limit: one (1) clapit account per person. Any Entries attempted through the use of agencies or robotic, repetitive, automatic, programmed, or similar methods will be void. Entries will not be acknowledged. All information submitted in connection with an Entry will be treated in accordance with these Official Rules and Sponsor’s Privacy Policy, available at http://clapit.com/privacy.
  1. Additional Requirements for Video Clips. Video Clips must be your own original work and must not: (a) contain any content or aspect that is not your own or for which you have not obtained appropriate and necessary rights; (b) contain any content that could be considered deceptive, misleading, false, fraudulent, scandalous, indecent, obscene, sexually explicit, defamatory, libelous, threatening, harassing, hateful, degrading, intimidating, graphically violent or otherwise unlawful, tortious or objectionable; (c) depict, encourage, promote or induce conduct that could violate any law or give rise to criminal or civil liability, or that could be considered risky, violent, discriminatory or otherwise inappropriate; (d) contain any personally identifying information about any individual other than you; (e) depict any individual other than you; (f) contain any confidential information, or any material, non-public information about any company; or (g) contain any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware or other computer code, file or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any website, hardware, software or network. Video Clips must not have been entered into any other contest, promotion or exhibition, or otherwise published or distributed beyond a personal network online. Sponsor reserves the right, in its sole and absolute discretion, to refuse to accept any Entry or Video Clip or to delete or remove any Video Clip for any reason.
  1. Selection of Potential Winner. During the Entry and Voting Period, all eligible Video Clips will be subject to public voting by clapit users. Clapit users will vote on the clapit application, based on the following equally weighted judging criteria: singing talent, rhythm, unique style, and most compelling videos. The performer that receives the most clapit user votes during the Entry and Voting Period will be deemed the potential winner. In the event of a tie, the Ambassador lead of this contest, Leaf (the “Ambassador”), will select the potential winner based upon the talent criteria above. Each clapit account may vote only one (1) time on each video. Entrants may not solicit votes by creating false accounts or encouraging others to do so, but are permitted to promote their entries via word of mouth, social media, or other means as long as it is done lawfully and in good will, with no payment or exchange offered to others.
  1. Requirements of Potential Winner. Except where prohibited, the potential winner must complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) within three (3) days of being notified. If the potential winner is a minor, his or her parent or legal guardian must sign the Affidavit/Release on her behalf. If the potential winner cannot be contacted within two (2) days of the first attempt to contact him or her, fails to sign and return the Affidavit/Release within the required time period, if notification or prize is returned as undeliverable, or if Sponsor determines in its sole discretion that the potential winner is ineligible, then the entrant with the next highest number of votes will be selected in his or her place. The potential winner will be required to provide Sponsor with his or her Social Security number for tax reporting purposes. Unless prohibited by law, acceptance of a prize constitutes permission for Sponsor to use the potential winner’s name, Entry, Video Clip, picture, likeness, address (city and state), entry and biographical information for advertising and publicity purposes, worldwide, without further compensation.
  1. Prize. One (1) winner will receive travel to New York City on or about May, 18, 2017, for a one (1) night stay. In New York City, winner will receive studio time with the Ambassador with professional feedback, and a prize package of apparel and goods up to a retail value of $500 from Ambassador’s lifestyle brand MBM. A video of the recording studio session may be shot, with final footage and imagery used for press and provided to winner for personal use only. Approximate retail value: $3,000. Potential winner must be willing and able to travel to New York City on the specified dates as a condition of receiving the prize. Prize package includes only roundtrip economy class airfare from the major airport closest to winner’s residence and one (1) night double occupancy hotel accommodations, all on carriers and hotels of Sponsor’s choice, and transport to and from an airport in or near New York City (winner must provide own transport to and from hometown airport). If the winner’s residence is closer than two-hundred fifty (250) miles from New York City, Sponsor may provide for ground transportation instead of air transportation. If the winner is a minor, the travel package will include travel and shared accommodations with winner for winner’s parent or legal guardian, who must travel on the same itinerary as the winner and who must sign and return to Sponsor a liability release as a condition of travel. All federal, state and local taxes, meals, incidentals, gratuities, and all other costs associated with prize receipt and use that are not specifically mentioned herein are the responsibility solely of winner. If the actual value of any component of the prize package is less than the approximate value provided above, the winner will not receive the difference in cash or otherwise. Prizes are non-transferable and non-assignable. No cash or other substitution permitted, except that Sponsor reserves the right in its sole discretion to substitute the prize or a prize component with another prize or component of comparable or greater value.
  1. Sponsor’s Rights to Entries and Video Clips. By entering the Contest, you grant to Sponsor a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicensable (through multiple tiers) and transferable license, without additional consideration to you or third parties, to: (a) reproduce, distribute, perform and display (publicly or otherwise), adapt, modify, edit, translate, make available to the public, make, sell, offer to sell, import and otherwise use and exploit (and have others exercise such rights on behalf of the Sponsor, through multiple tiers) your Entry and Video Clip in any format or media now known or hereafter developed; (b) create derivative works from and incorporate your Entry and Video Clip into other works or into Sponsor’s or its designees’ products or services; (c) use your Entry and Video Clip for Sponsor’s advertising and promotional purposes; and (d) use your name, Video Clip, portrait, picture, voice, likeness, statements, and biographical information for Sponsor’s advertising and promotional purposes, whether or not in connection with your Entry, in each case for the purpose of administering and promoting the Contest, any future promotions and/or Sponsor, except to the extent prohibited by applicable law. Sponsor reserves the right (but does not have the obligation) to verify at any time that all necessary rights, clearances, consents, releases and other permissions in or relating to your Entry and Video Clip have been validly obtained, and you agree to fully cooperate with Sponsor in any such verification inquiries.
  1. Release and Limitation of Liability. By participating in the Contest, you agree to release, indemnify and hold harmless Sponsor, the Ambassadors, Facebook, Instagram, each of their respective parent and related companies, and each such company’s respective officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of or related to, directly or indirectly, in whole or in part, your participation in the Contest, creation of your Entry or Video Clip, or receipt, use or misuse of any prize, including, but not limited to: (a) claims that your Entry or Video Clip violates any intellectual property, publicity or other rights; (b) claims arising from any use or other exploitation of, or failure to use or exploit, your Entry or Video Clip; (c) claims arising from any breach or alleged breach by you of these Official Rules; (d) claims arising from unauthorized human intervention in the Contest; (e) claims arising from technical or printing errors; (f) claims arising from lost, late, postage-due, misdirected or undeliverable mail or email; (g) claims arising from errors in the administration of the Contest or the processing of Entries; (h) claims arising from injury, death or damage to persons or property; or (i) claims based on defamation, infringement of intellectual property rights or on the rights of publicity or privacy. You further agree that in any cause of action, the Released Parties’ liability will be limited to the actual out-of-pocket costs associated with participating in the Contest, and in no event shall the Released Parties be liable for attorneys’ YOU WAIVE ANY RIGHTS OR CLAIMS TO INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY SO THE ABOVE MAY NOT APPLY TO ALL ENTRANTS.

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 FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

  1. Disputes. To the extent permitted by applicable law, by entering the Contest, you agree that any and all disputes, claims and causes of action arising out of the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court located in New York, New York. All issues and questions concerning these Official Rules, your rights and obligations, or Sponsor’s rights and obligations shall be governed by the laws of the State of New York, without giving effect to any choice of law or conflict of law rules.
  1. General Conditions. In the event that the operation, security or administration of the Contest is impaired in any way for any reason, Sponsor may, in its sole discretion, suspend, modify and/or cancel the Contest and, if feasible, select a potential winner from among eligible, salvageable and non-suspect entries received on or before the termination date. Inclusion in such selection process shall be each entrant’s sole and exclusive remedy under such circumstances. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the operation of the Contest or to be acting in violation of these Official Rules or in a disruptive manner. Any attempt by any person to undermine the operation of the Contest 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 or any other provision. In the event of a dispute as to any entry, the authorized account holder of the account used to enter will be deemed to be the entrant. The potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder. Proof of uploading an Entry or Video Clip does not constitute proof of entry. In the event that an entry is confirmed to have been erroneously deleted, lost or destroyed, entrant’s sole remedy shall be another entry into the Contest. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
  1. Results. For the results, go to the clapit app on May 12, 2017, from 12:00p.m. until 10:00p.m. ET, or clapit.com from May 12, 2017.