ARTICLE 1 - PROMOTEUR
This Contest is being run by SOONVIBES Limited (“we”, “us”, “our”) of 6 bis Avenue Foch – 94160 Saint-Mandé, FRANCE. We are the “promoter” of the Contest in partnership with Tours Evenement and ElectroLab Events (the “Partner”).
ARTICLE 2 – PREMISE OF PROMOTION
2.1 You can enter the Contest for free, no purchase is necessary to enter or win. We invite you to create an original creation (the “Official Song”) of the Nuits Electros - Fourchettes Soniques and upload your Official Sonf as part of the Contest via Soonvibe’s website.
The Contest will be promoted on the following URL address: http://www.soonvibes.com/nuits-electro-contest (the “Website”) and:
On our official social media account on Facebook, Twitter and Instagram
Facebook : https://www.facebook.com/Soonvibes,
On the Partner’s official social media account on Facebook and Instagram
Facebook : https://www.facebook.com//NuitsElectro/
Instagram : https://www.instagram.com/festival_fs/
And the official website: http://www.fourchettes-soniques.com/nuit-electro
This Contest is open from 12:00:00 on February 01st 2017 until 12:00:00 French time (the “Start Date”) on March 7th 2017 (the “Closing Date”).
Our computer system will be the official clock of the Contest in determining the Start Date and the Closing Date. We accept no responsibility for lost, late, illegible, indistinct, incomplete or misdirected entries and such entries will not be submitted for the judging process.
Winning the Promotion is subject to receiving a valid entry from the participants (the “Participant”).
2.2 By providing your details to us you confirm that you would like to enter the Contest and you agree to be bound by these terms and conditions ("Ts&Cs"), ethics rules applicable on the Internet, applicable laws and regulations and all legislation applicable in your jurisdiction of residence. These Ts&Cs applies to all Participants entering the Contest except for Participants who are resident in France (for French Participants, please refer to the French version of the Ts&Cs).
ARTICLE 3 - ELIGIBILITY
3.1 This contest is open throughout the world (but void where prohibited under local law). If you are under the age of majority in your jurisdiction of residence, you must have the consent of your parent(s) or legal guardian(s) to enter this Promotion and your parent(s) or legal guardian(s) must have also read and consent to these Ts&Cs. We reserve the right to verify such consent and to refuse entries in the absence of such consent.
3.2 Our and/or the Partner’s employees, directors, management, licensees and contractors and those of our and/or the Partner’s related or associated companies and agencies, our and/or the Partner’s retailers and/or our suppliers, and the immediate family of any such persons, are not permitted to enter the Contest.
3.3 You can enter the Contest for free, no purchase is necessary to enter or win. However, by entering the Contest you agree that the costs you incur in creating your Official Song are solely your responsibility.
3.4 It’s expressly agreed that no payment is due to the Participants for the production of the Official Song.
ARTICLE 4 - HOW TO ENTER
4.1 How to enter as an artist
You must have an account on Soonvibes in order to participate. Read the instructions on the Website and submit your Official Song by uploading it on the Website from February 01st 2017 to February 22nd 2016.
Participants will then vote for the Official Songs which are online by giving grades from 0 to 10. Grades are given by the Participant voters on a “blind” way. Thus, voters won’t see the artists’ names when rating.
On March 3rd 2017, the average of the artists’ scores will be determined for each Official Song. The 30 Participants who obtained the highest average will be part of the final selection. The final selection of Official Songs will be reviewed by a panel of judges as specified in article 5.1 below.
Multiple Official Songs upload from a single entrant will not be accepted. Only one Official Song per entrant. If you submit more than one Official Song you may be disqualify from this Contest. Entrants may not use multiple accounts on the Website to enter the Contest and such entries will be ineligible.
Your Official Song must not contain any illegal, obscene, racist, defamatory or sexual material, any material likely to offend any person or any material likely to infringe any person’s rights of privacy.
4.2 How to enter as voter
You must have an account on Soonvibes in order to participate. Once you are logged in, you can:
rate the Official Songs on a 0 to 10 point rating scale;
comment the Official Songs.
By rating the Official Songs and commenting on them from February 22nd 2017 to March 1st 2017, Participants collect tokens as follow:
rating a Remix = 125 tokens;
commenting a Remix = 250 tokens.
Entrants represent and warrant that their comments don’t contain any harmful, offensive or inappropriate content. The comments don’t disparage or reflect adversely upon the Contest or its goods/services.
Entrants may not use multiple accounts on the Website to enter the Contest and such entries will be ineligible.
ARTICLE 5 – WINNER SELECTION AND NOTIFICATION
5.1 winner selection – among those who submitted an Official Song
The winning entrant will be selected on March 6th 2017 by a panel of judges including Mosimann and Cédric Pellerin (collectively “Judges”) from all valid entries among the 30 Participants who earned the highest average. The winner will be selected among the finalists by the Judges by scoring all 20 original creations based on the following equally weighted criteria: originality, catchy song, musicality, relevant to the event and the criteria mentioned. The Judges’ decision is final.
The winner will be notified by email on or March 7th 2017. Return of any prize notification directed to a potential winner, as undeliverable will result in disqualification and selection of an alternative winner. If a potential winner does not reply to the notification(s) or does not comply with these T&Cs, then in our discretion we may disqualify the entry.
The name of the winner will be confirmed on the Website. The name can also be obtained by sending a self-adressed, stamped envelope to:
« Nuits Electro - Fourchettes Soniques contest»
6 bis avenue Foch
5.2 winner selection – among those who voted and commented
The 5 winning entrants will be selected among the Participants who collected at least 10,000 tokens on March 6th 2017 and will be the first names drawn at random from all valid entries received. The prize draw will take place on March 6th 2017 . The odds of winning depend upon the total number of eligible entries received for the random prize draw. We will notify each winner by March 7th 2017 using the contact details submitted on entry. If you are chosen as a winner and your contact details have changed since your entry, we reserve the right to disqualify your entry and select an alternative winner.
ARTICLE 6 – PRIZE
6.1 Prize to winning artist
One winner will be selected by the Judges
The winner wins the following prize:
The winner wins, but only subject to the validation of Mosimann and Cédric Pellerin the chance to be the Offical Song of Nuits Electros - Fourchettes Soniques. It will be broadcasted during the event and on Nuits Electros - Fourchettes Soniques, Soonvibes official Facebook pages. It will be broadcasted on the after movie.
The winner will sign a Talent Pool contract for this Official Song with Soonvibes (a licensing and publishing one).
The official credits of the music will be displayed on the video.
The Official Song will be broadcasted on the social networks of Nuits Electros - Fourchettes Soniques and Soonvibes.
The prize is non-transferable and no cash alternatives will be available for the prize. However, we reserve the right to substitute prize of equal or greater value at any time if we withdraw the prize (in whole or in part) for any reason or it becomes unavailable (in whole or in part).
6.2 Prize to winning voters
One prize per winner.
The prizes to be won are:
For the first five voters :
2days-pass for Nuits Electros - Fourchettes Soniques
The prizes are non-transferable and no cash alternatives will be available for any prize. However, we reserve the right to substitute prizes of equal or greater value at any time if we withdraw the prizes (in whole or in part) for any reason or it becomes unavailable (in whole or in part).
We will notify each winner by no later than March 7th 2017 using the contact details submitted on entry. If you are chosen as a winner and your contact details have changed since your entry, we reserve the right to disqualify your entry and select an alternative winner.
If any of the following circumstances apply, a winner will be deemed to have forfeited the prize and an alternative winner will be selected from the remaining eligible entrants using the process set out above:
()a if the winner has not claimed their prize by the date specified in the winner notification, we reserve the right to conduct a further draw in accordance with clause 5.2 above to award the prize to another entrant;
()b the prize (or any correspondence relating thereto, e.g. a notification from us confirming a winning entry) is returned as non-deliverable;
()c the relevant winner does not provide requested evidence of identity, age, residency, or being the authorised holder of the email account from which the entry was submitted to our satisfaction within 48 hours of such request being made; or
()d we determine non-compliance with any of these Ts&Cs.
ARTICLE 7 – INTELLECTUAL PROPERTY
In submitting your Official Song for the Contest, you must ensure that the Official Song does not infringe the copyright, trademark, privacy, publicity or other intellectual property rights of any person or entity. It must not include recordings made or owned or music written or owned by anyone other than you.
Entrants agree that any copyright and other intellectual property rights potentially vesting in their Official Song will be granted to us and our Partner without any payment to you and to this effect you hereby grant to us, for the term of 1 (one) year starting from the date of the upload of the Official Song on the Website, any and all right in your Official Song with full title guarantee free from all encumbrances charges and liens and we (and our Partner) shall have the exclusive right to use, reproduce, copy, transmit, publish, post, display, exhibit, broadcast, perform, and/or exploit the Official Song on all Promoter and Partners (Nuits Electros - Fourchettes Soniques) related website and official social media accounts and Nuits Electros - Fourchettes Soniques' official social media accounts throughout the World (or not, as we see fit), and to authorize others to do so without further reference or payment to you.
We and our Partner shall have the exclusive right to edit, overdub, vary and otherwise alter the Official Song, and to exploit your Official Song and all versions edits and derivatives thereof throughout the world (or not, as we see fit) and to authorise others to do so without further reference or payment to you or reference or payment to any persons featured in your Official Song or who helped make your Official Song.
Besides, the Official Song will be used for free as the song for the after movie of Nuits Electros - Fourchettes Soniques.
ARTICLE 8 – AUTHORIZATION OF PARTICIPANTS
The 30 Participants who obtained the highest average agree to provide, and that we and our Partner (or any third party we may chose) may use details of your name, likeness, voice, performance (if applicable) and county/country of residence and/or other indicia of your persona on all Promoter and Partner related website and official social media accounts and Nuits Electros - Fourchettes Soniques and Soonvibes official social media accounts, worldwide and for a period of one (1) year starting from the date of the upload of the Original Creation on the Website, for advertising and promotional purposes without additional authorisation, notice or compensation unless prohibited by law.
ARTICLE 9 – LIABILITY RESTRICTION
We accept no responsibility for entries lost, damaged or delayed, or for any inability to submit entries as a result of computer service, systems, software and/or server failure, error, interruption, defect or delay or any other technical malfunction, including problems with internet connectivity and/or filtering of content by any social media platform (as applicable). Entries which are late, incomplete, corrupt, garbled, inaccessible/blocked, bulk, automated, ineligible, suspected as fraudulent, submitted via programmed/automated means, do not comply with the Ts&Cs, or which in our sole discretion affect the validity or operation of this Contest will not be accepted and are void. To enter the Contest you must have an unlimited or free access to Internet.
Except to the extent that they may not be excluded by law, no representations, warranties, terms or conditions that are not expressly stated in these Ts&Cs apply to this Contest. We shall have no liability for any injuries, loss or damage of any kind arising from or in connection with participation in this Contest (including any damage to the entrant's or any other person's computer relating to or resulting from participation in, or downloading of any materials or software in connection with, this Contest) or acceptance, use, misuse or non-use of any prizes except for liability for death, personal injury, fraud and damage or loss caused by negligence, which is not excluded.
ARTICLE 10 – CANCELLATION OF PROMOTION / DISQUALIFICATION
We reserve the right, in our sole discretion, to disqualify you from the Contest for any reason, including, but not limited to, because:
()i the Official Song does not comply with these Ts&Cs;
()ii you are or we reasonably believe that you are tampering or attempting to tamper with the entry process;
()iii you are acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass another Participant, any Judge, any of our representatives or any other person; or
()iv you are otherwise acting in violation of these T&Cs and any other rules of the Contest.
We reserve the right to cancel or amend the Contest at any stage and without notice. In the event that we cancel the Contest we shall not be liable for any damage, loss or disappointment suffered by you.
ARTICLE 11 – DATA PROTECTION
ARTICLE 12 – GENERAL
Except where prohibited, participants agree that:
(i) any and all disputes, claims, and causes of action arising out of or connected with this Contest, any prize awarded or the determination of the winner shall be resolved individually, without resort to any form of class action;
(ii) any and all claims, judgments and awards in the event of a successful claim against us shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event solicitor’s or other legal fees; and
(iii) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, 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.
All issues and questions concerning the construction, validity, interpretation and enforceability of these T&Cs, or your rights and obligations in connection with the Contest, shall be governed by, and construed in accordance with the laws of France) We may prosecute any fraudulent activities to the full extent of the law. All federal, state and local laws and regulations apply and the Contest is void where prohibited under local law.
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