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MASTERCHANNEL REMIX CONTEST TERMS

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The terms (the “Terms” or the “Agreement”) govern your (“You,” or the “Entrant”) participation in the remix contest (the “Contest”) operated by the sponsor of the Contest Masterchannel AS (“Masterchannel”). By entering the Contest you agree that you have read these Terms and agree to be bound by them. Please read these Terms carefully as they form a binding legal agreement between You and Masterchannel.

1. CONTEST ENTRY

An eligible individual may enter the Contest by taking the following steps:

  1. creating a user profile on https://masterchannel.ai (the “Website”) in order to access the Contest
  2. preparing a remix (the “Remix”) of one of the songs specifically made available for purpose of being remixed (the “Eligible Songs”) found on the Contest page (the “Contest Page”) of the Website;
  3. mastering the Remix through Masterchannel 
  4. uploading the Remix to Soundcloud under the #Masterchannel hashtag, in any file format specified by Masterchannel; and
  5. providing the necessary identifying information to enter the Contest on the Contest Page.
    (the materials referenced above collectively form your “Entry”).
2. NO PURCHASE IS NECESSARY TO ENTER THE CONTEST
3. GRANT OF SUBLICENSE

Third party owners of the intellectual property to the Eligible Songs (our “Partners”) have granted Masterchannel, among other rights, the right to sublicense the Eligible Songs to You in connection with the Contest, subject to the terms and conditions of these Contest Terms.

Masterchannel grants Entrants who have properly submitted an Entry to the Contest during the Contest Period a limited, revocable, non-exclusive, non-sublicensable license to store, use, copy, display, perform and run the Eligible Songs for the sole purpose of remixing the Eligible Songs subject to these Terms including the sublicense conditions set out in section 15, and for no other purpose (the “Sublicense”).

4. DURATION OF CONTEST

The Contest shall be open between the dates specified on the Contest Page (the “Contest Period”). Entries to the Contest will only be accepted during the Contest Period. An Entry will be accepted when Masterchannel’s computer servers record your mastering session. The sole determinant of time for the purposes of determining the beginning and end of the Contest Period shall be Masterchannel’s computer servers. Any automatic computer receipt (such as a confirmation email) does not constitute proof of actual receipt of an Entry for the purpose of these Terms.

5. ELIGIBILITY

The Contest is open only to individuals who, for the duration of the Contest Period:

  1. have an active account on the Website;
  2. are over the age of majority and have the legal capacity to enter into a binding contract in the jurisdiction where they reside or who have entered into the Contest with the informed consent of a legal guardian if under the age of majority;
  3. read and agree to be bound by these Terms and any terms of use and privacy policies Masterchannel may have in place during the Contest Period; and
  4. are not employees, officers, directors or affiliates of Masterchannel or the Partners, or their immediate family members (meaning spouse, parent, child, sibling and their respective spouses, regardless of where they reside or those living in the same households) or other individuals living in the same household as these aforementioned individuals.
6. THE CONTEST IS VOID WHERE PROHIBITED BY LAW

By entering the Contest You represent and warrant to Masterchannel that you meet these criteria. Masterchannel reserves the right to require proof of age and jurisdiction of residence prior to awarding You with a Prize.

Only Remixes of Eligible Songs will be accepted for the purpose of entering the Contest. Any Remixes of songs that are not Eligible Songs will not be considered.

7. PARTICIPATION AND ODDS OF WINNING

No purchase or payment of any kind is necessary to enter or win the Contest. Your odds of winning are affected by the number of qualifying Entries received and the quality of Your Entry.

8. PRIZES

The prize for the Contest (the “Prize”) shall be determined by the Partners or Masterchannel and will be displayed prominently on the Contest Page before the Contest Period begins. Prizes are non-transferable, non-refundable and cannot be sold or exchanged for cash.

9. DETERMINATION OF WINNER

The winner of the Contest (the “Winner”) shall be determined by the Partners in their sole discretion based on their subjective review of the Remixes submitted to the Contest. The Partners shall determine a Winner within fourteen (14) days after the Contest Period has ended. The individual whose entry is chosen as the winning entry shall be required to correctly answer a skill-testing question in order to qualify as a Winner and claim the Prize. Subject to section 10 below, the Contest shall have one Winner per Eligible Song available in the Contest.

10. PROVISION OF PRIZE

The Winner of the Contest shall be notified by Masterchannel at the contact information they submitted when entering the Contest within fourteen (14) days of Masterchannel being notified by the Partners of the Winner’s identity. In order to claim the Prize the Winner must, if requested, provide Masterchannel with:

  1. proof of age and jurisdiction of residence;
  2. any information reasonably necessary to allow Masterchannel or the Partners to provide the Winner with the Prize, including as contact and banking information;
  3. signed copies of any liability releases, publicity releases or other affidavits, intellectual property assignments, declarations, or additional documents that Masterchannel may require.
11. (collectively the materials referenced above constitute the “Winner’s Materials”)

After receiving the Winner’s Materials, Masterchannel shall provide the Winner with the Prize within 120 days, or if the description of the Prize on the Contest Page identified a specific date by which the Prize would be provided, by that specific date.

12. NOMINATION OF NEW WINNER

If more than fourteen (14) days have elapsed since Masterchannel notified the Winner as per section 9 above and the Winner has not responded or failed to provide the Winner’s Materials, or if at any time the Winner indicates he or she does not wish to accept or is not eligible to win a Prize, their Prize may be forfeited and the Partners may determine a new Winner who may be provided the Prize through the procedures specified in this Agreement.

13. AVAILABILITY OF PRIZE

Some Prizes are provided by the Partners. While Masterchannel may assist in delivering these Prizes to the Winner, Masterchannel makes no warranties or representations regarding the quality of a Prize or how closely the Prize delivered to You matches the description of the Prize on the Contest Page. You agree to indemnify and hold Masterchannel harmless from any and all costs and expenses (including but not limited to reasonable attorney’s fees and court costs), loss, claim, liability or obligations relating to a Prize, including without limitation the failure to receive a Prize as described on the Contest Page, or issues relating to the quality of a Prize.

14. COLLECTION AND DISSEMINATION OF PERSONAL INFORMATION

By entering the Contest you grant Masterchannel permission to collect certain information and material about You and Your Entry, including your Remix, Your name, Your likeness, Your contact information, and information required to open Your Masterchannel Website account. You also grant Masterchannel and the Partners permission to publicly display and make available this information and material on the Website and in any promotional materials associated with the Website or Contest, without any compensation to You. You agree to waive any potential claim or cause of action You may have against Masterchannel or the Partners relating to the use or display or making available of such information or material.

15. TERMINATION AND MODIFICATION OF CONTEST

The Contest may be terminated or modified by Masterchannel at any time. If the Contest is terminated or modified, notice thereof will be displayed on the Website Contest Page. If the Contest is terminated before the end of the Contest Period:

  1. no further Entries will be accepted to the Contest,
  2. any Entries already submitted to the Contest will be forfeited,
  3. the Sublicense shall immediately terminate and on notice of the Contest termination You shall immediately irretrievably delete any copies of the Eligible Song (including Remix Stems) including any copies of same You may have in your care or control;
  4. Masterchannel or the Partners shall not have any further obligation to You including without limitation no obligation to award or deliver a Prize or pay any compensation of any kind whatsoever;
  5. these Terms shall survive.
16. DISQUALIFICATION

Masterchannel reserves the right to disqualify any Entrant from the Contest, in its sole discretion, for any of the following reasons:

  1. submitting any material to the Contest that is infected by computer viruses, bugs, bots or other AI, or engaging in any tampering, unauthorized intervention, fraud, technical failures, or any other actions which, in Masterchannel’s sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Website or the Contest;
  2. submitting any false or misleading information to Website or the Contest;
  3. submitting material to the Website or Contest that contains profanity, pornographic or sexual content, hate speech or that promotes violence;
  4. failing to comply with any of Your covenants, representations or warranties under this Agreement;
  5. violating the terms or conditions of these Contest Terms or Masterchannel Terms of Service; or
  6. taking any action that may be reasonably expected to expose Masterchannel or the Partners to disrepute or legal liability.
17. SUBLICENSE CONDITIONS

The Sublicense granted herein shall be subject to the following terms and conditions:

  1. ASSIGNMENT OF COPYRIGHT TO REMIX

    By entering the Contest and creating a Remix You grant to the Partner who made the Eligible Song available for the Contest your full title and interest in Your Remix of that Eligible Song, including but not limited to, copyright and all rights of renewal thereof, for all media, whether now known or hereafter devised, throughout the universe, in all languages, and in perpetuity, all to vest to the Partner immediately after creation of the Remix and all to be exercised by the Partner as it may choose without restriction and without obligation to make any use thereof whatsoever, and You authorize the Partner’s designees and licensees to similarly exercise such rights. For greater certainty, without limiting the generality of the foregoing, you agree to grant these rights regardless of whether Your Entry is chosen as a winner of the Contest.

  2. ASSIGNMENT OF NEIGHBOURING RIGHTS TO REMIX

    By entering the Contest and creating a Remix You irrevocably and unconditionally license, grant and assign to the Partner who made that Eligible Song available for the Contest, in perpetuity, any and all lending, rental and other secondary use or neighboring rights relating to Your Remix of that Eligible Song, including retransmission rights, which You may now have or will hereafter acquire with respect to the rights granted to the Partner hereunder, without restriction and without obligation to make any use thereof whatsoever, and You authorize the Partner’s designees and licensees to similarly exercise such rights. For greater certainty, without limiting the generality of the foregoing, You agree to grant these rights regardless of whether Your Entry is chosen as a winner of the Contest.

  3. WAIVER OF MORAL RIGHTS IN REMIX

    By entering the Contest and creating a Remix You hereby irrevocably agree to waive any and all moral rights in the Remix You created, and any portions thereof, as such rights may presently or in the future exist, by legislative enactment or otherwise at law or in equity and hereby represent and warrant that You will irrevocably waive Your moral rights therein. You agree not to institute, support, maintain or authorize any action or lawsuit on the grounds that any exercise of the rights granted and assigned to the Partners hereunder constitute any infringement of any moral right in the Remix. For greater certainty, without limiting the generality of the foregoing, you agree to waive these rights regardless of whether your Entry is chosen as a winner of the Contest.

  4. OWNERSHIP OF MATERIALS ADDED TO THE REMIX

    By entering the Contest and creating a Remix you represent and warrant that You own all the intellectual property rights associated with any new materials added to the Eligible Song during the creation of the Remix, or that you are irrevocably authorized to use such intellectual property in connection with the Contest, including that you own or are authorized to use the copyright, all neighbouring rights, and all moral rights therefore, and agree to indemnify and hold Masterchannel and any Partners harmless from any and all costs and expenses (including but not limited to reasonable attorney’s fees), loss, claim, liability or obligations arising out of any breach by You of the representations, warranties and covenants made herein.

  5. DISSEMINATION OF REMIXES

    By entering the Contest and creating a Remix You agree not to share, transmit, make publicly available or in any way disseminate the Remix to any party other than Masterchannel or the Partners. For greater certainty, without limiting the generality of the foregoing, You agree not to upload Remixes to any website or social media platform other than SoundCloud. Despite the foregoing restriction, Masterchannel may allow You to disseminate Your Remixes on your social networks if Your Remix has high artistic merit and such dissemination is expressly approved by Masterchannel before hand in writing. We encourage you to contact Masterchannel if you wish to submit your Remix for special consideration to make Your Remix eligible for dissemination through Your social networks. Please submit your requests to support@masterchannel.ai and mark the email with “remix competition”..

18. CONSENT TO RECEIPT OF COMMUNICATIONS

By entering a Contest You consent to receiving communications from Masterchannel and/or the Partners relating to the Contest, including information about Your Entry, information about the Contest, Prize details, and notices about other upcoming contests.

19. LIMITATION OF LIABILITY FOR HANDLING OF ENTRY

You agree to hold Masterchannel harmless from any claim relating to the failure to transmit or receive an Entry to the Contest, or any distortion, corruption or other damage to your Entry due to any cause, including technical issues related to the submission process.

20. NO-WARRANTY

The Website is provided subject to Masterchannel’s terms of service governing same, including without limitation Masterchannel making no warranties or representations regarding the Website, the services offered through the website, Website availability or non-interruption, or the Website services being fit for a particular use or purpose and Masterchannel disclaims all such warranties.

21. LEGAL ADVICE

By entering into this Agreement you represent and declare that you have carefully read this Agreement and know the contents hereof, you have had the opportunity to obtain legal advice regarding the same, and that You enter the Contest freely and voluntarily.

22. ENTIRE AGREEMENT

This Agreement and the Website materials referenced herein constitutes the entire agreement between You and Masterchannel regarding the subject matter thereof and supersedes any other written or oral agreements or understandings regarding these matters.

23. JURISDICTION AND ARBITRATION

This Agreement shall be construed and interpreted in accordance with the laws of Norway, as applicable, without giving effect to any choice of law or conflict of law rules or provisions that may cause the application of the laws of any other jurisdiction. You agree, for the benefit of Masterchannel, to submit any dispute arising hereunder to binding arbitration in accordance with the rules established pursuant to Norwegian law then effective, and any and all claims, judgments and awards by You or in Your favour shall be limited to actual out-of-pocket costs incurred by Entrant with regard to this Contest, but in no event attorneys’ fees, punitive, incidental, consequential or other damages. For greater certainty, without limiting the generality of the foregoing, nothing hereunder shall affect Masterchannel’s right to apply for injunctive relief against You in a court of competent jurisdiction.

24. SEVERABILITY

If, in any jurisdiction, any provision of this Agreement or its application to any party to it is restricted, prohibited, found unenforceable by a court of law, or otherwise restricted in scope in any fashion for any reason, such provision is, as to such jurisdiction, ineffective only to the extent of such restriction, prohibition or unenforceability without affecting the remaining provisions of this Agreement and without affecting the validity or enforceability of such a provision in any other jurisdiction or its application to other parties to this Agreement or other circumstances.

25. ASSIGNMENT

Except as otherwise provided herein You may not assign or transfer any rights or obligations hereunder without prior consent of Masterchannel.

26. WORDING

In these Terms words importing the singular shall include the plural and vice versa, and words importing a gender shall include all genders.

27. HEADINGS

The headings in these Terms are for convenience only and shall not affect the Terms’ construction or interpretation.

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