Vans Musicians Wanted Contest

NO PURCHASE NECESSARY.

Sponsor:  Vans, a division of VF Brands Pte Ltd, 151 Lorong Chuan New Tech Park #04-02, Singapore 556741. This promotion is in no way sponsored, endorsed or administered by, or associated with, YouTube or SoundCloud.

Contest is open only to legal residents of Singapore age 18 or older. Void where prohibited by law.

 

I.CONTEST SCHEDULE.

· SEE COUNTRY SPECIFIC URL:  houseofvansasia.com/music/musicianswanted

 

*Sponsor reserves the right in its sole discretion to modify or delay the Public Voting Period for any reason, by posting a notice to such effect on the Contest Website.

 

II.HOW TO ENTER.   

Go to  houseofvansasia.com/music/musicianswanted and complete the entry form with your name, email address and other required information, as well as a link to your music from your YouTube or SoundCloud account. Music track must be original and played by the contestant themselves.  No cover version of any music or song is allowed to be submitted.  Music track must be a minimum of three (3) minutes and cannot exceed six (6) minutes in length.  There is a limit of one (1) entry/music video per person. As music links cannot be edited, modified or supplemented once entered in the Contest, be sure that you are happy with the finished product BEFORE submitting as a Contest entry. Piecemeal or partial entries will NOT be accepted; entry must be submitted in its entirety at the same time. No joint, group or “team” entries are permitted. In the event of dispute, entry will be deemed made by the owner of the email address listed in the entry form, as determined by Sponsor in its sole discretion.

Sponsor will acknowledge receipt of entries by sending a reply email. Such reply email does not constitute any representation of eligibility for the Contest, however; it merely indicates that Sponsor has received a person’s Contest entry.

Message and data rates apply to use of mobile device for Contest entry.  You may be charged by your wireless carrier for submitting your entry via mobile device. Be sure to check your wireless carrier’s pricing plan before participating via mobile device. Not all mobile devices offer wireless Internet access; and, wireless Internet access may not be available in all areas.

 

III.CONTENT REQUIREMENTS.

(a)Music must be ORIGINAL work of entrant. DO NOT COPY (IN WHOLE OR IN PART) THE WORKS OF OTHER PERSONS. If other persons appear in music video or otherwise assisted in the creation of music video, it is the entrant’s sole responsibility to obtain signed releases from all such persons.  Additionally, music cannot include any content that violates or infringes upon the intellectual property or other rights of any third party (including but not limited to rights of publicity, privacy, trademark, copyright, or libel, defamation or slander). If Sponsor, in its sole discretion, suspects any such violation/infringement of third party rights, entry will be disqualified.

(b)Entry will also be disqualified if, Sponsor in its sole discretion, determines that music video:

· is unfit for publication, profane or obscene (including nudity or hate speech);

· advocates illegal conduct, acts of violence or drug/alcohol use;

· disparages or adversely affects the goodwill or business reputation of Sponsor or the Vans brand;

· is not truthful and accurate;

· has been previously published.

Sponsor may, in its sole discretion (and time permitting), allow an entrant the opportunity to remedy any music that is in violation of the foregoing content requirements and resubmit. But, Sponsor may refuse to offer the opportunity to resubmit defective music without liability of any kind.

(c)Entrant grants to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license to use, perform, exhibit, reproduce and/or otherwise exploit his/her music in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to entrant. Entrant waives any “Moral Right of Authors” (Droit Moral) in the music. Entrant  further agrees, upon Sponsor’s request and without compensation, to sign any and all necessary and appropriate documents so as to effect, perfect or record such grant of license rights. Entrant further expressly acknowledges that Sponsor has wide access to ideas, stories, music, designs and other literary/artistic materials submitted to it from outside sources or being developed by its own employees and that such ideas/stories/music videos/designs/literary/artistic materials may be competitive with, similar to (or even identical to) entrant’s music video and that Sponsor shall have no liability to entrant or any third party in conjunction therewith.

(d)If music is from YouTube, music video must be in full compliance with the YouTube Terms of Service and the YouTube Community Guidelines. If music is from SoundCloud, music track must be in full compliance with the SoundCloud Terms of Use and the SoundCloud Community Guidelines, which are both accessible at wwwvans.com/MusiciansWantedAsia. If a music submission is not in full compliance with the policies of YouTube or SoundCloud (as applicable), the entry including a link to such music video may be disqualified.

 

IV.WINNER DETERMINATION.

(A) Initial Round of Judging:

A judging panel (comprised of representatives of Sponsor) will review all eligible music based on the following criteria:  (a) creativity (30%); (b) originality (30%); (c) projected appeal to Sponsor’s consumers (20%); (d) technical quality (20%). The entrants with the fifty (50) highest ranked music videos will advance to the final round of judging (“Finalists”).   In the unlikely event of a tie, the entrant whose music had the higher/highest score in projected appeal to Sponsor’s consumers will advance to the final round of judging. Finalists will be notified via email and phone and must submit a high quality version of their music along with a Declaration of Eligibility and Release and Third Party Releases from persons who appeared in music video or otherwise assisted in creation of music video (as may be required by Sponsor in its sole discretion), all within two (2) days of notification. Failure to timely return the signed Declaration of Eligibility and Release and/or Third Party Releases (as appropriate) for any reason (including Sponsor’s inability to notify Finalist), deviation of high quality version of music from content of Finalist’s entry (except for technological/programming variations, as determined by Sponsor in its sole discretion), or violation of these Official Rules will result in disqualification of Finalist with forfeiture of the opportunity of Finalist to potentially win the Grand Prize; and, under such circumstances, Sponsor shall not have any liability of any kind. Sponsor further reserves the right in its sole discretion to proceed with the final round of judging with fewer than fifty (50) Finalists if Sponsor determines in its sole discretion that fewer than fifty (50) qualified and eligible music videos have been received.

(B) About the Public Vote:

By participating, entrants agree that if their entry is chosen and they are verified as a Finalist:  (i) the music as posted may differ from the quality of their music that they submitted due to technological, programming or other limitations/malfunctions/errors or like causes; (ii) music may be posted by Sponsor in any order, pattern or sequence and such order/pattern/sequence may or may not be rotated one (1) or more times during the public voting period by Sponsor in its sole discretion; and (c) Sponsor will identify Finalists’ music in a manner of its sole choosing (all Finalist music will be identified in the same manner, however).

POSTED FINALIST MUSIC REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL FINALIST AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER.  SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE POSTING/PUBLICATION OF FINALIST MUSIC AND DISCLAIMS ANY RESPONSIBILITY FOR SCREENING, MONITORING OR REVIEWING FINALIST MUSIC PRIOR TO THE POSTING OF SAME. SPONSOR WILL NOT EDIT FINALIST MUSIC PRIOR TO POSTING THEM ON ITS WEBSITE.

There is a limit of one (1) vote per Finalist music per person per day.  Use of any means to manipulate or undermine the integrity of the public voting component of the Contest will result in Sponsor taking any and all remedial actions that it deems necessary and appropriate in its sole discretion under the circumstances so as to protect its rights and the integrity of the Contest, which may include revision of the number of votes received for Finalist music, disqualification of Finalist(s) and/or legal sanctions. Any listing of the number of votes received by a given Finalist music is for informational purposes only, may not be current at any given time and may be modified by Sponsor at any time for any reason, all without liability to Sponsor or its agency under any legal theory. Sponsor is in no way bound by such listing of votes received for Finalist music.

(C)  Winner Notification:

Potential Grand Prize winner will be notified via email and phone and must complete, sign and return an Affidavit of Eligibility, a Liability Release and a Publicity Release (where lawful), within three (3) days. If potential winner cannot be contacted for any reason or fails to timely return signed Affidavit/Release, Grand Prize will be forfeited and an alternate winner selected as per “B” above.

 

V.CONDITIONS OF PARTICIPATION.

It is entrant’s sole responsibility to have own or have lawful access to equipment so as to participate in the Contest.

Employees, officers, directors of Sponsor, its parent company, subsidiaries, divisions, affiliates, promotion/marketing agencies, as well as their immediate families (parent, child, siblings, spouse) are not eligible to enter the Contest or win the prize.

By participating, entrant agrees to abide by and be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects and not subject to appeal.

Sponsor reserves the right, at its sole discretion, to disqualify entrant if it finds, in its sole discretion, that persons associated with such entrant have been tampering or attempting to tamper with any aspect of the entry, judging process or public voting process, the operation or administration of the Contest, the Contest website or any website related to the Contest.

By participating, entrant releases and agrees to hold harmless Vans, a division of VF Brands Pte Ltd, its parent company, affiliates, subsidiaries, promotion/marketing/public relations agencies and the directors, officers, agents, shareholders, representatives, employees, successors and assigns of any of the above entities, as well as YouTube and SoundCloud, from any and all liability associated (directly or indirectly, in whole or in part) with participation in the Contest or any Contest-related activity and receipt, acceptance, possession or use/misuse of the prize.

By accepting prize, where permitted by law, winner grants to Sponsor and its designees the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, his/her name, portrait, picture, voice, likeness and biographical information as news or information and for advertising, trade and promotional purposes without additional compensation, and without review, approval or further notice.

 

VI.  Limitations of Liability.

No responsibility is assumed by Sponsor for lost, late, incomplete, irregular, damaged, corrupted, misdirected or illegible entries/music (this includes but is not limited to links to music videos which are blocked or otherwise inaccessible); or for any computer, telephone, cable, satellite, network, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, service provider/Internet/web site/use net accessibility or availability, traffic congestion or unauthorized human intervention. Sponsor is not responsible for any incorrect, incomplete or inaccurate information, whether caused by web site users or by any of the equipment or programming associated with or utilized in the Contest and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to any website. (The preceding expressly includes filtering or blocking/restricting access to content by any website.)  Sponsor is not responsible for injury or damage to participants’ or any other person’s computer or mobile device (or the information stored thereon) related to or resulting from participating in this Contest or downloading/uploading materials from/to any website.

Force Majeure. If, for any reason, the Contest (or any part thereof, including but not limited to the public voting phase of the Contest) is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion, governmental regulation or any other causes beyond the control of Sponsor which, in its sole opinion, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Contest (or any part thereof), Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and conduct the judging and select the Finalists and/or the Grand Prize winner in a manner which is fair, equitable and in accordance with these Official Rules, as determined by Sponsor in its sole discretion. Notice of such action by Sponsor will be posted on www.vans.com.

 

VII. privacy.

Any information provided by persons in conjunction with Contest entry will be used solely for purposes of Contest administration. To the extent that the preceding is inconsistent with Sponsor’s Privacy Policy (available at www.vans.com), this paragraph shall govern only with respect to this Contest. If a person’s music is from YouTube, he/she should also consult YouTube’s privacy policy (available at www.youtube.com) regarding information collection/use; if a person’s music is from SoundCloud, he/she should also consult SoundCloud’s privacy policy (available at www.soundcloud.com ) regarding information collection/use.

 

 VIII.  DISPUTE RESOLUTION/GOVERNING LAW.

To the fullest extent permitted by law, entrants agree that: (a) any action at law or in equity arising out of or relating to these Official Rules or this Contest shall be filed exclusively in the Hong Kong and hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action; (b) any such action shall be resolved individually, NOT as part of a class action; (c) any claims/judgments/awards shall be limited to actual out-of-pocket costs incurred (if any), but NOT attorneys’ fees or damages of any kind (including but not limited to compensatory, punitive, incidental or consequential damages). These Official Rules and this Contest shall be governed by the internal, substantive laws of the State of California; i.e., without regard to conflict of law/choice of law rules of Singapore or of any other jurisdiction.  

 

 IX.  NO WAIVER/ENFORCEABILITY.

The failure of Sponsor to enforce any of its rights as set forth herein in a given circumstance shall not constitute a waiver of such rights. In the event that a court of competent jurisdiction determines that a provision of these Official Rules is invalid, illegal or unenforceable, such provision shall be replaced with a substitute provision that most closely approximates the underlying intent of Sponsor; and, the invalidity/illegality/unenforceability of a single provision shall not affect the validity, legality or enforceability of the remainder of these Official Rules.