Rising Star Contest Terms

Lessonface Rising Star Competition
Sponsored by Lessonface.com, Inc
 
1. NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. RESIDENTS OF THE COUNTRIES LISTED IN SECTION 3 ARE NOT ELIGIBLE TO ENTER THIS COMPETITION. ALL ENTRANTS ARE RESPONSIBLE FOR ENSURING THEIR ENTRY INTO THE COMPETITION DOES NOT VIOLATE ANY LOCAL LAWS OR REGULATIONS IN THE COUNTRY IN WHICH THEY ARE RESIDENT. INTERNET ACCESS AND A YOUTUBE ACCOUNT ARE REQUIRED TO PARTICIPATE. BY ENTERING THIS COMPETITION, YOU HEREBY CONSENT TO YOUR PERSONAL INFORMATION BEING TRANSFERRED TO THE UNITED STATES.
 
2.  Entry Period/Competition Overview:
The “Lessonface Rising Star Competition” (the “Competition”) commences at 08:00:00 AM Eastern Daylight Time (EDT) on May 4, 2017 and ends at 19:59:59 PM (EDT) on July 30, 2017 (the “Entry Period”). The odds of winning depend on the total number of Eligible Entries (hereinafter defined) received for the Competition. During the Entry Period, Entrants (hereinafter defined) may enter the Competition by visiting the Competition Website (hereinafter defined) and submitting an original music performance video to the Competition Website during the applicable round of the Entry Period (all further described in Section 4 below). Eligible Entries will be judged by the Judging Panel (hereinafter defined) in accordance with Sections 5 and 6 to determine the five (5) winners. The Winners may individually collectively be referred to as the “Winner(s)”. The term “Sponsor”, as used hereinafter shall mean Lessonface.com, Inc.
 
3.  Eligibility: The Competition is open only to individuals (a) ages 8-17 with parental consent at the time of entry;(b) are not, individually or as part of a group, signed to any recording or production deal with a major record label or producer, or under any other contractual relationship, including but not limited to guild and/or union memberships, which would make their performance or appearance in the Entry a violation of third party rights or would prohibit them from participating in the Competition or would limit or impair Sponsor’s ability to exhibit the Entry royalty free worldwide in all media in perpetuity; (c) do not reside in Quebec, Cuba, Iran, Syria, North Korea, Sudan, China, Myanmar (Burma), any country restricted by U.S. export controls and sanctions, or any nation, state, or province where the Competition is prohibited or restricted by U.S. or local law; and (d) have a YouTube account.
 
Employees and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, stepchildren and step siblings) of Sponsor are not eligible to enter this Competition.
 
This Contest is in no way sponsored, endorsed or administered by, or associated with YouTube. Any questions, comments or complaints regarding this Contest should be directed to Sponsors and not to YouTube.
 
By participating in this Competition and submitting an Entry, Entrants: (i) agree to be bound by these Official Rules and by the interpretations of these Official Rules by the Sponsor, and by the decisions of the Sponsor, which are final in all matters relating to this Competition; (ii) agree to the Competition Website’s Terms of Use and Privacy Policy available at https://www.lessonface.com/legal, https://www.lessonface.com/user-terms-of-use, https://www.lessonface.com/privacy-policy, and https://www.lessonface.com/parents; (iii) release and hold harmless the Sponsor, and each of its agents, employees, officers, directors, successors and assigns, against any and all claims, injury or damage arising out of or relating to participation in this Competition and/or use or misuse or redemption of the Prize(s) (as hereinafter defined); and (vi) acknowledge compliance with these Official Rules.
 
4.  To Enter: Visit www.lessonface.com/risingstar (the “Competition Website”) at any time during the Entry Period and follow the on-screen prompts and instructions to complete the official entry form, submit one (1) original music video of no more than 5-minutes in length featuring your live performance of an original or public domain song that best showcases your abilities. Only original music videos featuring the Entrant’s live performance will be accepted. The submission of any video featuring any content other than a live performance of an original or public domain musical composition will not be considered or accepted as an entry in the Competition. If any Entrant is not 18 years old, the minor Entrant’s parent or legal guardian must grant permission to enter the Competition and consent to these terms, and in such cases the term “Entrant” shall collectively refer to the minor Entrant and his/her consenting legal guardian. For minor Entrants under the age of 13, your parent or legal guardian will need to enter the Competition and supervise the Entry. Each Entry video must be comprised only of original elements created by Entrant or public domain elements, and may not contain elements which are/have been created, developed, copyrighted, trademarked and/or patented by third parties or which are owned or subject to proprietary or licensing rights of or by any person or entity other than Entrant personally and in his/her individual capacity. Submissions must be complete and be in compliance with these Official Rules to qualify as an Entry. The Entrant must complete the Entry as directed and within the timeframe specified by Sponsor. Failure on behalf of an Entrant to comply with the foregoing may result in an incomplete or disqualified Entry.
 
PLEASE NOTE THAT ANY AND ALL ENTRIES AND METADATA SUBMITTED FOR THIS COMPETITION MAY BE PUBLICLY VIEWABLE. IN ADDITION, ENTRANTS ACKNOWLEDGE THAT THEIR ENTRIES MAY BE REPOSTED BY THE PUBLIC OR OPEN TO PUBLIC COMMENTARY, FOR WHICH SPONSOR SHALL NOT BE LIABLE.
 
Entrant agrees that: (a) he/she has all rights to the contents of the Entry and all components thereof including without limitation the song performed and any audio, visual, and audiovisual elements of the Entry, and that Entrant has obtained all rights, consents and permission necessary to grant the rights granted herein; (b) the Entry does not and will not violate any law, statute, ordinance or regulation; (c) he/she hereby waives all moral rights in and to the Entry with respect to Sponsor’s use of the Entry video in the manner authorized herein, (d) the Entry is free and clear of any liens or claims with respect to the use of the Entry in the manner authorized herein and it will not give rise to any claims of infringement, invasion of privacy or publicity or claims, or infringe on any rights or interests of any third party, or give rise to any claims for any payment whatsoever, including but not limited to claims for re-use fees or residuals; and (e) the Entry not and will not be defamatory, trade libelous, pornographic or obscene.
 
If not in the public domain, the song used in the Entry must be “original” to the Entrant as defined by copyright law, and the Entrant must own all publishing rights in the music. The Entry must be unique, meaning it must have been created for the sole purpose of entering this Competition and not have been previously published or posted online or entered into any other contest or competition (whether sponsored by Sponsor or any third party).
 
Entrants agree that Entries shall not contain, include or involve any of the following:
• Any content not created by Entrant or Entrant’s Team or any content which infringes on any third party rights (including copyright and any other intellectual property rights);
• Third party content, any other party’s copyrighted material, or any trademarks, brand names or logos of a third party;
• Any content which features a minor or a person who has not granted Entrant explicit written permission to be included in the Entry in connection with the Competition;
• Obscenity, or any crude, vulgar or offensive depictions, images, language and/or symbols;
• Gang signs or symbols;
• Violence;
• Explicit sexual activity;
• Nudity;• Team uniforms;• Illegal drug or alcohol use;• Commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements;• License plates, phone numbers, or personal addresses – physical or email or otherwise;
• Website or web page links;
• Derogatory characterizations of any ethnic, racial, sexual, gender-identity, or religious groups, the humiliation other people (publicly or otherwise), or any assault or threatening of others;
• Illegal (e.g., defamatory, discriminatory, harassing, the trespass or the violation of other people’s rights or property, etc.) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress)
• Any music which is not Entrant’s live performance of an original or public domain composition;
• Conduct or activities in violation of these Official Rules; or
• Any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by Sponsor in its sole discretion
 
In addition, Entrant is responsible for obtaining any and all releases and consents necessary to permit the exhibition and use of the Entry by Sponsor as set forth in these Official Rules.
 
Sponsor is not obligated to, use, publish, display or broadcast any Entry video. Entrant acknowledges that Sponsor will rely on such Entrant’s agreement and compliance with these Official Rules when Entrant submits or attempts to submit the Entry. Sponsor reserves the right to reject any Entries that it deems, in its sole discretion, to violate any of the Lessonface.com terms of use, to violate the terms and conditions set forth in these Official Rules, or to contain any content which is not “broadcast appropriate”. Sponsor may modify or edit any materials related to a Competition Entry or request Entrants to do so, so that such materials meet such guidelines. In submitting an entry into this Competition, each Entrant agrees to, confirms and represents to Sponsor that neither he/she nor anyone else has engaged or taken part in (or induced or encouraged anyone else to do so) in any activity or conduct in connection with this Competition that: (i) may or is likely to harm or create a risk of harm, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person, other living thing or any property; (ii) may or is likely to create a risk of any other loss or damage to person, living things or property; (iii) is or may constitute a crime, unlawful or non-consensual activities (e.g., conduct that could lead to criminal prosecution), tortious conduct (e.g., conduct that could lead to civil prosecution) or the violation or infringement of the rights of any other party; or (iv) violates any of the terms or conditions of these Official Rules or the Lessonface.com Terms of Use.
 
Limit one (1) Entry per person. All Entries submitted in accordance with these Official Rules shall be hereinafter referred to at times as “Eligible Entries.” Incomplete or inaccurate entries, and entries which are in violation of these Official Rules, are void. In the event of a dispute over who submitted a winning Entry, the authorized registrant of the YouTube account (the natural person assigned the YouTube account during the YouTube registration process) used to participate in this Competition at the actual time of entry will be deemed to be the Entrant. Entries will not be acknowledged or returned.
 
There is no cost to enter the Competition, however internet access charges and/or wireless data rates may apply. Please check with your internet service and mobile wireless provider for current internet access charges, if any. Entrants should seek the permission of the person paying the bill before entering. If you opt to submit an Entry via your wireless mobile device (which may only be available via participating wireless carriers and is not required to enter the Competition), standard data rates may apply according to the terms and conditions of your services agreement with your wireless carrier. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Competition. Mobile device service may not be available in all areas. Check your mobile device’s capabilities for specific instructions.
 
5.  Selection and Notification of Winners:
There will be five (5) Winners selected from among the Eligible Entries. One or more  Lessonface staff members (the “Judges”) will judge all Eligible Entries received and determine the Winner based on the following judging criteria: originality/creativity (30%), tone (25%), technique (15%), time (15%), and delivery (15%) (the “Judging Criteria”). Sponsor will make one (1) attempt over the twenty-four (24) hour period following each potential Winner’s selection to contact each potential Winner via e-mail (to the potential Winner’s e-mail address as provided on the official entry form). In the event that any potential Round Winner does not respond within twenty four (24) hours of being contacted, then the Sponsor reserves the right to disqualify the potential Winner and/or select an alternate Winner from among the remaining applicable Eligible Entries received based on the Judging Criteria.
 
The final determination of the Winners and the application of the Judging Criteria shall be in the sole and absolute discretion of the Judges. No correspondence will be entered into with regard to any of Sponsor’s or Judge’s decisions. Sponsor reserves the right to extend the Entry Period or any particular Round or to not select a Winner if Sponsor determines, in its sole and absolute discretion, that entries received did not meet the minimum qualification standards based on the Judging Criteria specified herein. Sponsor reserves the right to delay the announcement of any Winner in its sole discretion. To the extent permitted by law, Sponsor disclaims any liability from, and Entrants, agree to waive, any claims against Sponsor relating to the judging or awarding process. Sponsor reserves the right to select an alternate Winner in the event that any potential Winner fails to comply with these Official Rules.
 
6.  Winner Verification: Each potential Winner must prove eligibility, including, without limitation, proof of age and residence, within forty-eight (48) hours of being notified as a potential Winner. In the event of non-compliance by a potential Winner such potential Winner shall be disqualified and all privileges otherwise due as the Winner shall be terminated and an alternative potential Winner may be chosen from among all of the remaining applicable Entries received if time permits in Sponsor’s sole discretion.
 
All decisions of the Sponsor relating to the Competition are final. Sponsor expressly reserves the right to delay the announcement of the Winner(s) for creative or technical reasons or for any other reason Sponsor deems necessary.
 
7.  Entry Use/Ownership: Entrant retains ownership of the copyright in the Entry and the song performed. Notwithstanding anything to the contrary herein, by entering the Competition, Entrant hereby grants to Sponsor (and any and all of Sponsor’s subsidiaries and affiliates and affiliated broadcast stations and networks, successors and assignees and licensees) the non-exclusive, worldwide, perpetual, irrevocable right and license, but not the obligation, to use, exhibit, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, edit, superimpose, rebroadcast, transmit, record, publicly perform and distribute, the Entry and/or any portions, elements, or excerpts thereof (including but not limited to the song performed, Entrant’s name, YouTube username, city and country, biographical information, statements, voice, image and other likeness (unless prohibited by law)), in any manner, an unlimited number of times, in any and all media, now known or hereafter devised for any purpose. Sponsor may use the Entries (or any portion thereof) to advertise, promote and publicize, the Competition, Sponsor, Sponsor’s businesses, products and worldwide programming services and/or Sponsor’s websites in all media throughout the universe and may authorize others to do so; such advertising, promotion and publicity may include portions and excerpts, in addition to cut-in, synchronized, dubbed, edited, and superimposed versions of the Entries. Entrant acknowledges that Sponsor may use the Entry in accordance with the permission granted herein without any payment to Entrant or any third party. Entrant acknowledges that Sponsor is under no obligation to use the Entry.
 
8.  Prizes:
The five (5) Winners each will receive a $500 gift certificate for use on Lessonface.com, which must be completely used before the end of 2017 or any remaining value will expire.
 
 
10.  General Terms: Noncompliance with any of these Official Rules, in Sponsor’s sole discretion, may result in disqualification.
 
ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER OR ANY BEHAVIOR BY A WINNERTHAT WILL BRING SUCH WINNER OR SPONSOR INTO DISREPUTE (IN SPONSOR’S SOLEDISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS THE WINNER OF THE COMPETITIONAND ALL PRIVILEGES AS THE WINNER WILL BE IMMEDIATELY TERMINATED.
 
The Sponsor assumes no responsibility for incorrect, inaccurate, or late entry information whether caused by any of the equipment or programming associated with or utilized in this Competition or by any human error which may occur in the processing of the Entries in this Competition. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Competition, or in the announcement of the Prize(s) and/or Winner(s). Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Competition or modify the Competition or Official Rules for any reason, including if the Competition is not capable of running as planned, including, without limitation, unauthorized intervention, fraud, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Competition or amendment and/or adoption of new or existing laws and/or regulations regarding the administration, operation or any other aspect of the Competition in any jurisdiction. Should the Competition be terminated prior to the stated expiration date, the Prize(s) may be awarded to the Winner(s) to be selected from among all Eligible Entries received up until and or after (if applicable) the time of modification, cancellation or termination or in a manner that is fair and equitable as determined by Sponsor. All interpretations of these Official Rules and decisions by Sponsor are final.
 
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE COMPETITION AND THE LAWS OF THE STATEOF NEW YORK SHALL GOVERN THE COMPETITION. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS.
 
Entrants hereby indemnify and hold harmless Sponsor and each of its affiliated companies, parents, sponsors, subsidiaries, officers, directors, employees, agents, members (collectively, the “Indemnified Parties”) from and against any and all liabilities, claims, suits, losses, damages, expenses and costs (including, but not limited to reasonable attorneys’ fees) resulting or arising from: (a) the Competition, and/or (b) any breach or violation of any representation, warranty, obligation or covenant made by each Entrant herein; and each Entrant agrees to release all rights to bring any claim, action or proceeding against the Indemnified Parties, to release all rights to bring any claim, action or proceeding against the Indemnified Parties, and hereby acknowledge that the Indemnified Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize(s).
 
BY ENTERING THE COMPETITION, ENTRANTS RELEASE AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE COMPETITION OR PARTICIPATIONIN ANY COMPETITION-RELATED ACTIVITY (INCLUDING, WITHOUT LIMITATION, THE REMOVAL FROM THE COMPETITION WEBSITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE(S) AWARDED IN CONNECTION WITH THE COMPETITION, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY. IN NO EVENT WILL THE INDEMNIFIED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO, LACK OF ACCESS TO,AND/OR USE OF THE COMPETITION WEBSITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE COMPETITION WEBSITE, THE REMOVAL FROM THE COMPETITION WEBSITE OF,OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR PARTICIPATION IN, ANY PRIZE(S) AWARDED IN CONNECTION WITH THE COMPETITION. WITHOUT LIMITING THE FOREGOING, THE COMPETITION, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH THE COMPETITION WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
 
Under no circumstances shall the submission of an entry into the Competition, the selection of Winner(s), the awarding of the Prize(s), or anything else in these Official Rules be construed as an offer or contract of employment with either Sponsor or any participating entity. Entrant acknowledges that he/she has submitted his/her entry voluntarily and not in confidence or in trust. Entrant acknowledges that no confidential, fiduciary, agency or other relationship or implied-in fact contract now exists between Entrant and Sponsor or any other participating entity and that no such relationship is established by your submission of an entry under these Official Rules.
 
11.  Use and Transfer of Personal Information: By entering this Competition, you understand and agree that your Entry and any other personal information collected or accessed through the Competition Website in connection with the Competition may be used to process your Entry and, if applicable, fulfill prizing and announce winners and will be transferred to, processed and stored in the United States. Any personal information held by Sponsor in connection with this Competition will be held on record for a reasonable period to fulfill the purpose for which such personal information was collected. If an Entrant gives Sponsor permission to pass on their personal information to a third party then this shall no longer be the responsibility of Sponsor and shall be subject to the privacy policy of that third party. For more information, please consult the privacy policy at: https://www.lessonface.com/privacy-policy;in the event of any conflict between these Official Rules and such privacy policy, the terms of these Official Rules shall govern.
 
12.  Amendment:
These Official Rules may be amended at any time by Sponsor on notice. No waiver of any rights by Sponsor or any Entrant will be taken as a waiver of any other rights it may have. For example, if Sponsor waives its right to acknowledge and respond with respect to a particular breach of these Official Rules by an Entrant, it does not prevent Sponsor from acknowledge and responding with respect to other breaches.
 
13.  Request for Name of Winners and/or a copy of these Official Rules: These Official Rules are available on the Competition Site. The names of the Winners and a copy of these Terms can also be obtained by sending a stamped, self-addressed envelope to Lessonface.com Inc. (ref: Rising Star Competition), 463 West Street, Unite 1301, New York, NY 10014, or by emailing jess@lessonface.com, within one (1) month after the Competition closes. Canadian residents may omit return postage if requesting a set of Official Rules.
 
14.  Sponsor: Competition sponsored by Lessonface.com Inc., 463 West Street, Unit 1301, New York, NY 10014. All inquiries related to this Competition should be directed to Lessonface.com Inc. (ref: Rising Star Competition), 463 West Street, Unit 1301, New York, NY 10014, or by emailing jess@lessonface.com. YouTube is not a sponsor of the Competition, and is in no way responsible for the administration of the Competition, the verification of winners, or the fulfillment of the prizes. Inquiries (whether questions, comments or complaints) should be directed to Sponsor, not to YouTube.