OFFICIAL RULES OF THE PICK MY TRACK CONTEST
WAV wants to bring your music to life by pairing it with a customized visual experience and are inviting aspiring artists to participate in the Pick My Track Contest by submitting an original track for consideration (the “Submission”) pursuant to the Official Rules set out below.
THIS CONTEST (THE “CONTEST”) IS BROUGHT TO YOU BY WAV MEDIA INC. (“WAV”) AND IS GOVERNED BY THESE OFFICIAL RULES. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OF ANY KIND WILL NOT IMPROVE ANY ENTRANT’S CHANCES OF WINNING. THIS CONTEST IS SUBJECT TO FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS AND IS VOID WHERE PROHIBITED.
- Only U.S. residents over eighteen (18) years of age at the time of entry (each an “Entrant”) are eligible to enter the Contest.
- Employees of WAV (and its parent company, subsidiaries, and/or affiliates), as well as members of such employees’ immediate family (spouse, parents, siblings and children) and/or those living in the same household of such employees, whether or not related, are not eligible to participate.
- By entering the Contest, Entrant agrees to be fully bound by these Official Rules of the Contest.
- Any Entrant who attempts to submit more than one submission, by using multiple identities or other means, shall be disqualified.
- Any attempt to manipulate or influence the Contest judges will result in disqualification.
- Submissions must conform to the Submission Requirements set out below, those that fail to do so will be rejected.
- WAV is under no obligation to broadcast, display, publish or otherwise transmit, disseminate, promote or use a Submission for any purpose.
- WAV makes no claim that any Submission is appropriate for any audience or purpose.
- WAV is not responsible for lost, misdirected, corrupted, damaged, incomplete or late submissions. WAV is also not responsible for technical, network, computer, hardware or software malfunctions of any kind or for any other errors, mishaps, or problems, regardless of the cause in the entry process.
- By entering the Contest, Entrant acknowledges and agrees that Entrant’s Submission will be immediately available for consumption by the public as authorized by WAV and/or its designees in any form that WAV deems appropriate.
Entry Period: The Contest starts at 12:00PM on March 15, 2019 and ends at 10:00PM on March 22, 2019 (the “Entry Period”).
How to Enter:
- To participate in the Contest, Entrants must have access to the WAV mobile application (the “WAV App”), which must be downloaded and installed.
- Entrant must register for a WAV artist account using a valid email address.
- To enter, each Entrant may upload only one (1) Submission via the WAV website on desktop using hashtag #pickmytrack.
- The Submission must be uploaded during the Entry Period to be eligible for judging. Only eligible entries submitted during the Entry Period will be considered.
- By entering, Entrant agrees that the Submission conforms to the Submission Requirements set out below.
- Receipt of the Submission will not be acknowledged.
How to Win:
- A panel of qualified judges (the “Judge(s)”) selected by WAV, in WAV’s sole discretion, will review all Submissions and will select up to three (3) Contest winners (the “Winner(s)”) from among all eligible Submissions. In the event that the Judges determine, in their sole discretion, that there are fewer than three (3) Submissions from which to choose a Winner with the requisite level of originality and quality worthy of the Prize in the Judges’ qualified opinion, there will be fewer than three (3) Winners or no Winner selected by the Judges.
- Chances of being selected as a Winner will depend on the content and quality of each Submission compared to the content and quality of all of the eligible Submissions and the assessment of all Submissions in relation to the Contest judging criteria.
- The Judges will utilize the following judging criteria in selecting the Winner(s): Each Submission will be judged and scored on the following basis: Panel of Judges
- All decisions of the Judges are final and binding with respect to evaluating the Submissions and selecting the Winner(s).
- WAV reserves the right in its sole discretion to disqualify any Submission that they believe violates or potentially violates any of the Submission Requirements or otherwise fails to comply with any provision of these Official Rules. The decision of WAV on this and all matters pertaining to the Contest shall be final and binding.
- Format: Each Submission will satisfy the following technical requirements: minimum duration of one (1) minute
- Components: Each Submission will consist of an original recording (the “Recording”) of a single original song/musical composition (the “Composition”) not to exceed four (4) minutes in total duration, which Recording and Composition will be exclusively owned and/or controlled by the applicable Entrant, and which Recording and Composition will be licensable directly from the Entrant or through the following applicable performing rights societies: ASCAP, BMI, SESAC and SoundExchange.
- Integrity, Originality, and Control: Submissions must be 100% original (i.e. not copied or lifted from any other source, in whole or in part) and will not contain, incorporate, or reference (in whole or in part), copyrighted or trademarked material owned and/or controlled by any person or entity other than the applicable Entrant. Submissions must be created solely by the applicable Entrant (i.e. no other person contributed to the creation of the Submission and no permission is needed from any person or entity (other than Entrant) to reproduce and/or distribute the Recording and the Composition. Each Entrant agrees, warrants and represents that 100% of the copyright in and to the Recording and 100% of the copyright in and to the Composition submitted by Entrant are exclusively owned and controlled by Entrant. Each Entrant further agrees, warrants and represents that each Submission will not include lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, or otherwise inappropriate or objectionable material, as determined by WAV and the Judges in their sole discretion. Each Entrant further agrees, warrants and represents that each Submission will not promote the use of alcohol, illegal drugs, tobacco, firearms/weapons, any activities that may appear unsafe or dangerous, or any particular political agenda or message. Each Entrant further agrees, warrants and represents that each Submission will not violate any person’s right to privacy or publicity. Each Entrant agrees to and does hereby indemnify and hold WAV harmless in the event that WAV is subject to any claim, verdict, and/or judgement for damages, or in the event that WAV incur any court costs and/or legal fees, arising out of a breach by Entrant of Entrant’s warranties and representations set forth herein.
Prize Description and Winner Notification:
- The Winner(s), if any, will be selected on or before March 29, 2019.
- Each Winner, if any, will be notified via email sent to the email address associated with the Submission uploaded through the WAV website used by the Entrant.
- Each of the Winner(s), if any, will receive:
- A cash prize of Two Hundred Fifty Dollars ($250.00) per Winner (if any).
- Each Winner’s Submission will be featured, with artist attribution, in promotional materials demonstrating the new “visualizer” feature available on the WAV App (the “Visualizer”).
- All prizes are non-transferable. Each Winner, if any, will be solely responsible for all taxes and fees, if any, associated with receipt of the prizes.
- The Winner shall not be entitled to, nor will the Winner receive, any other compensation with respect to the winning Submission, even if such Submission is reproduced, transmitted, distributed, and/or otherwise used by WAV.
- WAV reserves the right, in its sole discretion, to substitute prizes or cash of comparable value.
- The prizes do not include taxes, gratuities, or any other expenses except as specifically set forth in these Official Rules.
- The name of each Winner, if any, will be posted as follows: Within the ad campaign alongside the track featured, social media channels.
Additional Rights, Terms and Conditions:
- By entering the Contest, each Entrant agrees and hereby grants WAV the right to post and/or otherwise publish, perform, reproduce, synchronize, transmit and/or distribute each Submission (i.e. each Recording and Composition) for viewing and listening by the general public and each Entrant’s name, and the name and likeness of each Winner, as applicable, may be used for advertising and marketing purposes relating to the Contest, the Visualizer, and/or WAV.
- By entering the Contest, each Entrant irrevocably grants to WAV a worldwide, royalty-free, license to use each Submission (even if such submission is not finally selected as the winning Submission) in any and all media whether now known or later developed.
- By entering the Contest, each Entrant irrevocably grants to WAV a worldwide, royalty-free, license and right to synchronize the Recording and the Composition which comprise each winning Submission into a Visualizer created by WAV to demonstrate the Visualizer feature of the WAV App for a period of six (6) months commencing as of the date that the applicable Visualizer incorporating the particular Submission is first published.
- By entering the Contest, each Entrant irrevocably grants to WAV a worldwide, perpetual, royalty-free, license and right to use the Submission to market and promote the Visualizer feature of the WAV App.
- WAV shall have the right to alter, adapt, modify, or revise each Submission (including each Recording and Composition) as WAV deems necessary for purposes of timing and for purposes of compliance with these Official Rules and/or applicable laws and regulations.
- WAV’s right to use each Submission as contemplated by or as set forth in these Official Rules shall be without limitation and shall not require the consent or permission of any party including, without limitation, any Entrant.
- Prior to awarding any prize, WAV in its sole discretion may require the Winner to sign (a) an affidavit of eligibility, (b) a liability release (where lawful) agreeing to hold WAV, the Judges, and/or any other related parties harmless against any and all claims or liability arising directly or indirectly from participation in the Contest, including without limitation the awarding of any prize, and/or (c) a name & likeness/publicity release.
- WAV reserves the right to require each Winner, if any, to submit to a confidential background check to confirm eligibility and to help ensure that the use of any such person in advertising or publicity will not bring WAV into public disrepute, contempt, scandal or ridicule or reflect unfavorably upon the WAV as determined by WAV in its sole discretion.
- By taking part in the Contest, each Entrant accepts that unforeseen technical problems linked to the use of computer networks may arise, including problems when connecting to the Internet. WAV is not responsible for any problems or technical malfunction of any telephone network or lines, computer wi-fi systems, servers, or providers, platforms and/or platform operators, computer equipment, software failure of any entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any website, or any combination thereof, including any injury or damage to an Entrant's or any other person's computer or other mobile device related to or resulting from participation, downloading the WAV App, and/or uploading the Submission.
- WAV makes and gives no warranty or guarantee in relation to any prize and they accept no responsibility or liability for elements of any prize.
- The Contest shall be governed by and interpreted under the laws of the state of California and any legal action concerning the Contest shall be brought only in a state or federal court located in Los Angeles County. In all circumstances, a legal action must be brought individually, NOT as a part of a class action and the participant will only be able to recover his/her actual out of pocket costs (if any) in conjunction with participation in the Contest and he/she expressly waives any right to all other damages (including, but not limited to compensatory, incidental, consequential or punitive damages).
- WAV’s failure to enforce any term or condition of these Official Rules shall not constitute a waiver of that provision or any other provision.
- WAV reserves the right to amend these Official Rules and/or change the prizes at any time with or without prior notice. Any changes to the Official Rules will be posted on https://wavmedia.zendesk.com/hc/en-us/articles/360024875471 .
- All Entrants, by participating in the Contest, agree to release the Judges, WAV, and its subsidiaries, divisions, affiliates, and all employees, officers and directors of each, from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses of any kind to persons and property which may be sustained in connection with (i) participating in the Contest, (ii) receipt or use of any prize, (iii) traveling to, preparing for and/or participating in the Contest and/or any prize-related activity, and/or (iv) any typographical or other error in these Official Rules or in the announcement or offering of any prize. Any portion of a prize not accepted by an eligible winner shall be forfeited. The Winner shall bear all risk of prize loss or theft after the prize has been delivered, if applicable.
- WAV is not responsible for any personal injury to any Entrant or for property damage or losses of any kind, which may be sustained resulting from participation in the Contest. WAV is not responsible for any attempt by an Entrant or other individual to deliberately damage or undermine the legitimate operation of the Contest, including but not limited to, any fraudulent assertions, statements or claims, which may be a violation of criminal and civil laws. Should such an attempt be made, WAV reserves the right to seek remedies and damages from any such entrant or individual, fully permitted by law, including criminal prosecution.
- Entrant agrees to sign a separate release regarding the above at any time upon WAV’s request, but absent such separate release, the release set forth herein shall be binding upon each Entrant.
- If for any reason, any aspect of the Contest is not capable of running as planned, including, but not limited to, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical or system failures or disruption, ‘Acts of God’, or terrorist attacks, or any other causes beyond the control of WAV which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, or for any reason WAV deems it necessary, WAV reserves the right in its sole discretion to cancel, terminate, or modify the Contest and reserve the right in its sole discretion to determine the Winner(s), if any, from all Submissions received up to the time of such cancellation. In the event that the Contest is cancelled for any reason, a notice of cancellation will be posted at https://wavmedia.zendesk.com/hc/en-us/articles/360024875471 . WAV further reserves the right to terminate the Contest at any time if, in its sole good faith judgment, the Judges determine that not enough suitable entries have been submitted.