These Terms and Conditions of Use ("Terms and Conditions") constitute the contractual agreement between you and LoopMode Inc. regarding your use of our Site and any activities or transactions you may conduct through the Site. In these Terms and Conditions, the words "you" and "your" refer to any person accessing the Site, and the words "we," "us," and "our" refer to LoopMode Inc..
By using our Site, you agree to these Terms and Conditions.
We have organized the elements of our Terms and Conditions in sections. If after reading through these Terms and Conditions you still have questions, please feel free to contact us by clicking on the following link: contact us
2. Registration for Certain Users
When you register at our Site, you will create a "user id" and a "password," providing you access to associated services and materials. When you re-visit our Site, this user id and password will provide this same access to you. If you become a registered user of our Site, you agree not to disclose your login name and password to any third party. If at any time you believe that your login name and/or password has been revealed to any other party, or otherwise compromised, you agree to change your login name and/or password immediately through our "My Account " page on our Site. You agree to be responsible for, and to release, indemnify and hold LoopMode Inc., and its officers, directors, employees, agents, licensors, and suppliers, harmless from, any unauthorized use of your login name or password.
3. Certain Fees for Registered Users
If you become a registered user, certain portions of your use of and access to the Site may be subject to payment of certain fee(s) to us. We offer different service packages for different fees as identified on our Site. Free registration to all members until otherwise noted. Fee(s) for all Premium services require full payment before the service(s) will be rendered.
4. Ownership Of Site Contents
Unless otherwise noted, all text, images, illustrations, designs, icons, photographs, video clips, sound clips, and other materials that are part of this Site (collectively, the "Contents"), are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by LoopMode Inc. (or used in accordance with "fair use" principles). The Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to which is owned by LoopMode Inc.
The phrase "MusicianPromote" and" FPK "or "fEPK" is a federally registered trademark owned by LoopMode Inc.. Other trade names and trademarks present on the Site either are owned by LoopMode Inc., appear with the permission of their respective owners, or appear under principles of "fair use." Unless otherwise noted, by using a third party's trademark or trade name on this Site, LoopMode Inc. does not intend to suggest any affiliation with or endorsement of such third party or its products or services, and LoopMode Inc. hereby expressly disclaims any such affiliation or endorsement.
5. Downloading and Use of Site Contents
The Contents of our Site, and the Site as a whole, are intended strictly for the purpose of providing information about bands, musicians other materials relating to the music industry to the users of our Site (collectively, "Permitted Uses"). You may download and copy the Contents displayed on the Site solely for such Permitted Uses, and provided that you do not remove any copyright or other proprietary notices contained on the materials. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as provided above), modify, publish, distribute, sell, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. Use of the Content or any related software which is not expressly permitted by these Terms and Conditions constitutes a breach of these Terms and Conditions, and may also constitute a violation of copyright, trademark, and other law.
6. User Comments and Submissions
With respect to any photographs, video clips or sound clips you may provide to LoopMode Inc. for posting on your electronic press kit (collectively, "Submissions"), such Submissions shall remain your property. You hereby unconditionally grant to LoopMode Inc. a non-exclusive, irrevocable fully paid and royalty-free license to use, reproduce, publicly perform and publicly display, the Submissions SOLELY IN CONNECTION WITH THE SITE.
LoopMode Inc. does not endorse, sanction or verify, and specifically disclaims responsibility or liability for, any user Comments. LoopMode Inc. has no obligation to respond to any Comments, and we reserve the right, but undertake no duty, to review, edit, move, or delete, in our sole discretion and without notice, any material posted by users that we may include on the Site. You represent, warrant and agree (i) that you are authorized to submit the Comments you provide to us; and (ii) that all Comments submitted by you to the Site do not and will not violate any rights of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary right(s). You agree to keep a copy of any Comments you provide, as LoopMode Inc. shall have no obligation to return any Comments to you.
7. Prohibited Uses
You agree to refrain from undertaking any activity that imposes an unreasonable or disproportionate load on the Site. In addition, you may not use any hardware, software, or routines, including but not limited to any viruses, "bots," or other devices intended to interrupt or harm the workings of the Site, and agree to refrain from any attempt to intercept, access or monitor any system, data, or information on or in transit to or from the Site.
8. Complaints Over Perceived Infringement
LoopMode Inc. respects intellectual property rights, and will terminate registered users and deny access to others who, in our discretion, infringe the intellectual property rights of others. In addition, LoopMode Inc. will use commercially reasonable efforts to accommodate generally accepted technical measures used by copyright owners to identify and protect their copyrighted works, as long as these technical measures do not impose substantial costs on us, or impose a substantial burden on our hardware, software, or administrative systems.
If you believe that materials posted on our Site infringe rights you enjoy under copyright law in specific materials (collectively, a "Work"), we request that you follow the procedure described below to notify us of your concerns or objections. In turn, we agree to respond to your notice, as outlined below, and remove, or disable access to material that you believe infringes your Work.
8.1. LoopMode Inc.' Designated Agent
f you believe materials posted on our Site infringe the copyright in your Work, you must direct your concerns to our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) to respond to such concerns (our "Designated Agent"):
If you believe materials posted on our Site infringe the copyright in your Work, you must direct your concerns to our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) to respond to such concerns (our "Designated Agent"):
1313 Racquet Club North Dr. D
Indianapolis, IN 46260
Attention: James R Corley Jr.
8.2. Content of Notice
You should notify our Designated Agent of your concerns as follows:
(i) Place your concerns in writing, and sign the document;
(ii) Identify the Work, which you believe is being infringed;
(iii) Identify the material on our site which you believe infringes your Work, and identify this material in a sufficient manner to permit us to locate the material without undue searching; and
(iv) Provide in your notice sufficient information for us to contact you, including an address, telephone number, and, if available, an e-mail address.
To qualify for protection under this Section, you must in good faith believe the challenged use is unauthorized, and all statements in your notice must be accurate, and signed under penalty of perjury.
9. Links To Other Web Sites And Services
LoopMode Inc. does not control the availability or content of any outside web sites, services, or resources to which this Site may link. Concerns regarding any such service, resource, or link should be directed to the particular outside service or resource. LoopMode Inc. does not necessarily endorse, sanction, or verify sites to which our Site links, and we provide these links merely for our users' convenience. Access to other sites linked to this Web Site is at your own risk, and we disclaim all liability with regard to your access to such linked web sites.
In addition, we do not necessarily endorse, sanction, or verify sites that link to this Site, even if any logo or mark of LoopMode Inc.' is used as part of the link to this Site
10. Gift Certificates and Site Credit
Gift certificates issued by LoopMode Inc. and unused portions of such gift certificates are valid for a full seven years from the date of original issuance except as prohibited by law. LoopMode Inc. does not deduct or otherwise charge any service or dormancy fees during the seven year life of the gift certificate. At the conclusion of the seven year period, the gift certificate expires except as prohibited by law.
Gift certificates must be redeemed through the LoopMode Inc..com website toward the purchase of subscriptions and services available and listed thereon.
Gift certificates are not redeemable for cash and cannot be returned for a cash refund unless and until 90% of the original value of the gift certificate has already been redeemed for subscriptions or services on the LoopMode Inc..com website.
LoopMode Inc. is not responsible for lost or stolen gift certificates.
LoopMode Inc. will have the right to close customer accounts and request alternative forms of payment if a fraudulently obtained gift certificate is either redeemed through the LoopMode Inc..com website or is redeemed and used to make purchases on the LoopMode Inc..com website.
All sales transacted through the LoopMode Inc..com website are final. In the event that LoopMode Inc. decides that a refund may be available in their sole discretion, the form of such refund is also within the sole discretion of LoopMode Inc..
LoopMode Inc. and its affiliates make no warranties, express or implied, with respect to gift certificates and services offered, including without limitation, any express or implied warranty of or fitness for a particular purpose. LoopMode Inc. makes no representations of any kind, express or implied, as to the operation of this website, any third-party website or any third-party services accessed through this website, or any of the materials incorporated therein. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above may not apply and you might have additional rights.
This website is controlled by LoopMode Inc..com in the Commonwealth of Indiana. These terms and conditions will be governed by, and construed and enforced in accordance with, the laws of the Commonwealth of Indiana. If any term or condition hereof is finally determined invalid, illegal or unenforceable by a court of competent jurisdiction, such other terms or conditions will remain in full force and effect.
LoopMode Inc..com and LoopMode Inc. are terms used interchangeably throughout this website.
LoopMode Inc. reserves the right to change these terms and conditions from time to time in its sole discretion.
11. Disclaimer of Warranties
While we use reasonable efforts to include and to pass on to others associated with this Site accurate and up-to-date information, we make no warranties or representations as to such information. LoopMode Inc. SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE CONTENT ON THE SITE OR INFORMATION FLOWING THROUGH THE SITE.
Further, we specifically make no representation or warranty and assume no liability or responsibility with respect to you or to any other users of the Site, including but not limited to (i) the offering or availability of any postings made by you or any other users of the Site, including but not limited to whether any events will occur or whether musicians contacted through the Site will show at any such events; (ii) the ability of you or any other user of the Site to engage in transactions with any other user of the Site; (iii) any details relating to any transactions you may engage in with any other use of the Site; (iv) the quality of the listings or other information offered by you or any user of the Site; (v) the financial condition of you or any user of the Site; or (vi) compliance with local, state and federal laws by you or any other user of the Site.
YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. YOU SHOULD CONDUCT YOUR OWN INDEPENDENT INVESTIGATION OF THE USERS OF THIS SITE BEFORE ENTERING INTO ANY TRANSACTION WITH SUCH PERSONS. IN NO EVENT SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY FINANCIAL OR OTHER OBLIGATIONS THAT MAY ARISE BETWEEN YOU AND ANY OTHER USER OF THE SITE.
You acknowledge that documents posted to and Content available at the Site may contain computer viruses. Should you download any such materials from the Site, IT IS YOUR RESPONSIBILITY TO PERFORM ANY SCANNING OR OTHER ANTI-VIRUS PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE SITE.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, ACCURACY, COMPLETENESS, CURRENCY, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND AGREE TO VERIFY ANY INFORMATION BEFORE RELYING UPON IT. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE.
WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE NOR SERVICES OFFRED GUARANTEE ANY MEMBERS PLACEMENT IN INTERNET DIRECTORIES. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITE. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED.
NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusion may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
12. Limitation of Liability
NEITHER LoopMode Inc. NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR, OR ANY OTHER PARTY'S, ACCESS TO, OR USE OF, THE SITE. IN ADDITION, WE SHALL HAVE NO LIABILITY FOR:
" ANY LOSS OR FAILURE TO PERFORM OUR OBLIGATIONS DUE TO ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL;
" ANY ERRORS, OMISSIONS, INACCURACIES, DELAYS OR INTERRUPTIONS IN RESPECT OF THE CONTENT OR OUR SERVICES; OR
" ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE SITE CONTENT OR OUR SERVICES.
" NON EXECUTION OR PERFORMANCE FOR FREE SERVICES RENDERED AND/OR GUARANTEED PLACEMENT FROM SUBMISSIONS SERVICES TO OUT SIDE INTERNET WEBSITE DOMIANS AND MUSIC RESOURCES.
13. Choice of Law and Jurisdiction
LoopMode Inc. makes no representation that the information in the Site is appropriate or available for use in locations outside the United States, and access to this Web Site from locations where the provision of such information may be illegal is prohibited. Users who determine to access this Web Site from such locations do so on their own initiative and are responsible for compliance with all applicable local laws
We may make improvements or other changes to the Site, or to the information and services offered at the Site, without notice to you. We may add, delete, move, or modify some or all of the Site at any time. We may make such changes for any reason, including, without limitation, changes to due to the circumstance (a) that an agreement with a third party cannot be maintained on terms reasonably acceptable to us; or (b) that the Site or its components become illegal or contrary to law or relevant regulation.
In addition, we may from time to time change these Terms and Conditions governing your use of our Site. We will post these changes here, in our Terms and Conditions. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions, as changed.
You agree to indemnify LoopMode Inc., and its officers, directors, employees, agents, licensors, and suppliers against any loss, damage, costs or expenses arising out of or in connection with your use of the Site and any claim by a third party against us as a result of any breach by you of these Terms and Conditions, including any misuse of the Content.
17. Access Privileges
LoopMode Inc. may discontinue, change, or restrict your use of this Web Site for any reason without notice. Moreover, we reserve the sole and absolute discretion and right to deny, revoke, or otherwise restrict the access privileges of any user that at any time fails to comply with these Terms and Conditions, including the right to block access from a particular Internet address to the Web Site.
20. Complete Agreement
21. Your Consent
By using our Web Site, you agree to comply with, and be bound by these Terms and Conditions. If you do not agree with some, or all of these Terms and Conditions, please refrain from visiting our Web Site.
Subject to the terms of this Agreement, RIGHTS HOLDER hereby appoints LoopMode Inc. as an authorized representative for the digital delivery of Digital Masters. Accordingly, RIGHTS HOLDER hereby grants the right to LoopMode Inc. DIRECT, during the Term, to:
1. Convert RIGHTS HOLDER Content delivered by RIGHTS HOLDER into broadcast quality Digital Masters;
2. perform and make full length music clips of the RIGHTS HOLDER Content available by streaming ("Clips") to promote the delivery of applicable Digital Masters;
3. Promote, electronically fulfill and deliver Digital Masters, as individual tracks or entire albums, and associated metadata to Broadcasters, TV/Film and Music Professionals who may use such Digital Masters in accordance with usage rules similar to those set forth by the music services.
4. Display and electronically fulfill and deliver Artwork to Broadcasters for use solely in conjunction with the applicable delivered Digital Master;
5. use RIGHTS HOLDER Content, Artwork and metadata as may be reasonably necessary or desirable for LoopMode Inc. DIRECT to exercise LoopMode Inc. 's rights under the terms of this Agreement; and
22. Parental Advisory.
If RIGHTS HOLDER provides a parental advisory warning about a particular sound recording in the RIGHTS HOLDER Content, LoopMode Inc. shall use or forward such parental advisory information to Broadcasters. RIGHTS HOLDER shall be responsible for determining parental advisory warning status.
23. Names and Likenesses; Promotional Use and Opportunities.
LoopMode Inc. may use and authorize its Broadcasters and Music Professionals to use the names and likenesses of, and biographical material concerning, any Digital Master, artists, bands, producers and/or songwriters, as well as track and/or album name, and Artwork, in any marketing materials for the promotion and advertising of the applicable Digital Master which is offered for broadcast or other use under the terms of this Agreement (e.g., an artist or band name and likeness may be used in an informational fashion, such as textual displays or other informational passages, to identify and represent authorship, production credits, and performances of the applicable artist or band in connection with the authorized exploitation of applicable Digital Masters).
24. Commissions and Money Making Disclaimer:
Income examples,quotes or statements are representative of some of the most successful participants in the affiliate program. Some individual participants in the program may make little or NO MONEY AT ALL. These claims are not a guarantee of your income, nor are they typical of average participants. Individual results will vary greatly and in accordance to your input, determination, hard work, and ability to follow directions. Results will vary by person.
25. Opportunity Terms
OPPORTUNITY OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE ENTRANT’S CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW.
ELIGIBILITY: This music creation opportunity (“Opportunity”) is operated and hosted by MusicianPromote (LoopMode Inc.)(“Operator”) on the MusicianPromote.com (“Website”). The sponsors of any Opportunity (the “Sponsor”). The Opportunity is open to individuals who are 13 years of age or older at the time of entry and who are not presently signed to any record label or publisher under any exclusive agreements and/or other contractual arrangements which prohibit or might prohibit them from participating in any element of the Opportunity. Employees, contractors, directors and officers of MusicianPromote (LoopMode Inc.) and the Sponsor or any of their affiliates, distributors, or web design, advertising and promotion agencies of any of the foregoing companies involved in the administration, development, and execution of the Opportunity and the immediate family members (i.e. spouse, parent, child, sibling, grandparent, and spouse or "step" of each) of each and those living in the same households of any of the foregoing companies (i.e. persons, whether related or not, who have lived in the same residence for at least three months during the twelve-month period preceding the start date of the Opportunity) are not eligible to participate any Opportunities. VOID WHERE PROHIBITED BY LAW OR OTHERWISE.
The computer of the Operator is the official timekeeping device for any Opportunity created.
ENTRY REQUIREMENTS. In order to enter the Opportunity entrants must register for a membership account with the Website. The Opportunity is open to Free Members (limited to 3 entries only) Premium Members (Super and Mega) members who have not exceeded their quota of "Entry Credits" required to enter any Opportunity Marketplace programs (“Entrants”).
Follow the online instructions at http://www.musicianpromote.com/?t=help on how to register. Valid Opportunity Entrants will submit recordings to the Opportunity (“Submissions”) for review and selection by the Sponsors. See the specific guidelines for Submissions on the Opportunities listing (File attachments) TO ENTER.
By entering a Submission in the Opportunity, Entrants hereby warrant and represent
that the Submission conforms to the Opportunity Submission Requirements set forth herein (“Submission Requirements”). All Submissions must be in the following file formats: MP3; and Submissions must meet the following requirements Submission Requirements, and failure to abide by the Submission Requirements is grounds for disqualification in Operator’s sole discretion:
Submissions must not contain material which is (or promoting activities which are) harmful, threatening, abusive, disparaging, harassing, vulgar, obscene, hateful, pornographic, or libelous or which has other inappropriate content, or is otherwise objectionable as determined by Operator in its sole discretion; Submissions shall not defame, misrepresent or contain disparaging remarks about any persons, products or companies; Submissions shall not contain materials which are not created entirely by Entrant or which are owned by others (other than specific audio assets or materials provided through the Website for the Opportunity by the Sponsors, and audio to which the Entrant owns a license to use commercially, such as a purchased sample pack); and Submissions shall not be in violation of any law.
BY ENTERING A SUBMISSION, ENTRANTS ACKNOWLEDGE THAT SUBMISSIONS MAY BE POSTED ON OPERATOR’S WEBSITE, IN OPERATOR’S DISCRETION. Operator reserves the right to, and may or may not, monitor/ screen Submissions prior to posting them to the Website. Entrants acknowledge that Operator has no obligation to use or post any Submissions. By submitting a Submission, Entrants warrant and represent that: (a) the Submission is Entrant’s original work, (b) the Submission has not been previously published, (c) the Submission has not previously received awards, (d) the Submission does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) Entrant has obtained permission from any person whose name or voice is used in the Submission; and (f) exploitation, use, display or performance of the Submission via any form of media, will not infringe the rights of any third parties. Entrants shall indemnify and hold harmless, Operator and Sponsors from any claims contrary to or in violation of these warranties and representations.
By entering the Opportunity, each Entrant agrees: (i) that Sponsors shall have no obligation (express or implied) to use any Submissions in any manner and Entrants shall not be entitled to any damages or other relief by reason of Sponsors use or non-use of a Submissions; (ii) to be bound by these official rules; (iii) that Entrants
may be contacted by Sponsors by email regarding the Opportunity; (iv) to indemnify and hold Sponsors harmless from any and all claims, demands, causes of action and judgments (including attorney’s fees, court costs and expert’s fees) arising out of or relating to any breach by Entrant of the terms and conditions of these rules, including any representations and warranties made herein. By entering the Opportunity, each Entrant agrees to sign and deliver to Sponsors such documents as Sponsors may reasonably require to effectuate the rights and obligations granted in these rules.
GENERAL TERMS: Entrants and Winners (as defined below) are solely responsible for the payment of any taxes on any respective prizes. No cash equivalent or substitution of any prize is offered, except at the sole discretion of the Sponsor. Prizes are non-transferable, and non-refundable. Any Winners will be notified by phone,action status and/or e-mail and each Winner may be required to complete, sign and return an Affidavit of Eligibility and Liability/Publicity Release as a condition of being declared a Winner as applicable. Each Winner will also be required to send a copy of his/her passport, driver’s license, birth certificate or other official legal or government document, as proof of age and residency. If a Winner cannot be contacted within five (5) calendar days of first notification attempt; or if the prize notification is returned as undeliverable; or if a Winner rejects its prize; or in the event of noncompliance by a Winner with these Rules; or if the Affidavit of Eligibility and Publicity/Liability Release is not properly executed, then that Entrant shall be disqualified as a Winner, as applicable, and shall forfeit the applicable prize(s); in addition, an alternative Entrant may be selected as determined by the Operator and the Sponsors from all remaining eligible Entrants to replace the disqualified Entrant. If a prize, or any portion thereof, cannot be awarded for any reason, such prize will be forfeited. By participating in the Opportunity, Entrants release Operator and Sponsor from any and all claims, damages or liabilities arising from or relating to such Entrant’s participation in the Opportunity, and agree to resolve any dispute individually, without resort to any class action. By accepting a prize in the Opportunity, the Winners agree that the Operator, and Sponsor shall not be liable for any loss or injury resulting from participation in the Opportunity, acceptance or use of any prize, or any travel related thereto. Each Winner grants permission to Operator and those acting under its authority to use his/her name, photograph, voice and/or likeness, for advertising and/or publicity purposes, as well as the Submission in any and all media now known or hereinafter invented without territorial or time limitations and without compensation. If for any reason the Opportunity is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures,or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Opportunity, Operator reserves the right, in its sole discretion, to cancel, modify or terminate the Opportunity. The Opportunity is governed by the laws of the state of Indiana, U.S.A. By entering, Entrants consent to the jurisdiction and venue of the federal, state and local courts located in Indiana, Indiana, U.S.A. for the resolution of any disputes. Sponsor reserve the right, in its sole discretion, to substitute a comparable prize of like or greater value for any prize, or to pay Winners (as defined below) a cash equivalent (the value of which shall be determined by Sponsors in their sole discretion), for any reason.
LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Operator or Sponsor resulting from Entrants’ participation in or attempt to participate in the Opportunity or downloading any information in connection with participating in the Opportunity. No responsibility or liability is assumed by the Operator or Sponsor for technical problems or technical malfunction which may affect the operation of the Opportunity, including but not limited to any of the following occurrences: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent to or received; lost, late, delayed or intercepted e- mail transmissions; inaccessibility of the Website, in whole or in part for any reason; traffic congestions on the Internet or the Website; unauthorized human or non- human intervention of the operation of the Opportunity, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Opportunity, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Opportunity. Operator and Sponsors are not responsible for any typographical errors in the announcement of prizes or these official rules, or any inaccurate or incorrect data contained on the Website. Use of the Website is at user’s own risk. Operator and the Sponsors are not responsible for any personal injury or property damage or losses of any kind which may be sustained to Entrant’s or any other person's computer equipment resulting from participation in the Opportunity, use of the Website or the download of any information from the Website. Operator and Sponsors are not responsible for any attempt by an Entrant or other individual to deliberately damage or undermine the legitimate operation of the Opportunity, including but not limited to any fraudulent claims, which may be a violation of criminal and civil laws. Should such an attempt be made, Operator reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Operator’s and Sponsors’ failure to enforce any term of these Opportunity Rules shall not constitute a waiver of that provision. Persons engaging in any of the foregoing activities may be disqualified in Operator’s sole discretion.
TO ENTER: Entrants must submit one (1) Submission to the Opportunity, which must be master recordings consisting entirely of original musical compositions created by the Entrant.
Entrants will upload their Submissions to http://www.MusicianPromote.com between (“Opportunity due date”). The computer of the Operator is the official timekeeping device for the Opportunity.
GRANT OF RIGHTS: The Entrant shall own the copyright to their Submission. By entering this Contest, each Entrant agrees: that the Sponsor and Operator have the right to use the Entrant’s Submission and Entrant’s name and likeness in any and all media in connection with promotion, publicity, marketing and advertising for and by the Sponsor and Operator, and in connection with this Opportunity or other promotions by the Sponsor and Operator as they see fit without any further notification to or compensation to or consent of, the Entrant.
SELECTION OF WINNERS: Submissions will be posted on the Website during the Submission Period and due date, thereby allowing visitors to view Submissions and if applicable vote on each Submission during the ("Voting Period"). Limit one vote per email address/per person. Any attempt by Entrant and/or his/her family/friends to vote more than once by using multiple names or email addresses and/or any other fraudulent mechanism, as determined by Operator in its sole discretion, shall give Operator the right to disqualify Entrant in its sole discretion.
The twenty-five Submissions that receive the most votes will be honorable mentions (“Honorable Mentions”).
The Sponsor and its designated appointees will, in their sole discretion, select three (3) Submissions (the “Runners Up”) from the Honorable Mentions.
The Sponsor and their designated appointees will, in their sole discretion, select one (1) Submission (“Grand Prize Winner”) from all the Submission entries. The Grand Prize Winner will receive the prize noted on the opportunities listing.
Entrants acknowledge that the Sponsor shall have no obligations, financial or otherwise, to the Winners, except for those explicitly set forth in these Official Rules. Entrants give the Operator the right to transmit the Winners’ personal identifying information to the Sponsor for the purposes of facilitating the award of the Opportunity prizes.
Other prizes may be determined at the discretion of the Sponsor and their designated appointees.
Entrants agree that the Operator has the sole right to decide all matters and disputes arising from the Opportunity and that all decisions of Operator and the Sponsor are final and binding.
WINNERS LIST: If applicable the names of the prize winners see http:// www.MusicianPromote.com/opportunities/ approximately three (3) weeks after the conclusion of the Opportunity due date.