Yellofier Contest Terms and Conditions
The Yellofier app is a product by Boris Blank supported by Electronic Beats (refered to as sponsor) and the band Yello. Yellofier allows you to create songs using your own recordings and provided sounds from the Yellofier app.
1. Eligibility and Terms.
Yellofier is open only to individual registered users of the Soundcloud app.
2. Song Requirements.
You may submit as many tracks as you like created with the Yellofier app, but each must consist solely of Yellofier sounds and/or your own created content and must comply with all of the representations and warranties below. Yellofier sounds and your content are sometimes referred to below collectively as “content”.
3. Representations and Warranties.
By submitting one or more tracks to Yellofier, you represent and warrant to us that:
A. your track and all associated content comply with these terms. Your content shall not contain any unauthorized samples or any other material that infringes upon the rights of any third parties or violates any applicable law or any codes of conduct that we may adopt and post from time to time.
B. you grant and assign to Yellofier an exclusive, irrevocable, perpetual, sub-licensable and assignable right to publish and promote the tracks on the Electronic Beats Compilation with 2000 editions and to publish and promote the track via the official Electronic Beats Soundcloud channel and uses connected to the Electronic Beats competition.
C. all registration details, content information, and all other information and materials that you provide to us are true, complete and correct in all material respects. You must maintain the accuracy of such information to ensure that it is always current.
D. you have read these terms and have the full legal right, power and capacity to grant Yellofier the rights granted herein and to agree to these terms.
E. Yellofier and its affiliates, licensors and licensees will have no liability for, and you release and agree to defend, indemnify and hold Yellofier and its affiliates, licensors and licensees harmless from and against, any and all claims, damages, expenses, costs, losses and/or liabilities resulting from or associated with your track, Your content, your participation in the Yellofier app, and/or your breach of these Terms.
The Yellofier app may be amended, suspended or discontinued at any time in sole discretion. We will notify you at the e-mail address you provided upon registration of any changes to the Yellofier app or to these Terms; if you wish to withdraw your track from the app, you can remove the track from the Yellofier Soundcloud list.
5. Contest Rules
No purchase is necessary to enter. All prices are non-transferable and no substitutions or exchanges or cash equivalents will be allowed except by the official sponsor of the contest. Sponsor reserves the right to substitute prizes of equal or greater value or approximately similar features for any prize mentioned in these rules due to unavailability.
A. Who Can Enter?
Contest participants must first be registered members of Soundcloud. You are not eligible to enter and will be disqualified if:
· • You have not complied with these Official Rules or the final decisions of Sponsor, in Sponsor’s sole discretion.
· • You have used “un-cleared samples” those works of music that are subject to copyrights of third parties and for which a license to use it for the purposes of the contest has not been obtained by Participant.
B. How Do I Enter?
You can enter the contest by connecting your Soundcloud account to the Yellofier app and upload composed track to your Soundcloud account and submit it to the Electronic Beats Yellofier Track Contest.
C. How Will Entries Be Judged?
All entered tracks will take part in a voting on the Yellofier website. Out of the ten most voted songs the members of Yello, Boris Blank and Hakan Lidbo will select the winner. The winner has the chance to “Yellofy” Zürich together with Boris Blank. Travel and accommodation are provided by Electronic Beats.
The Winner will be notified via email and will be required to send additional information necessary to complete the transfer of the prize to the winner.
The Sponsor reserves the right to verify the validity and originality of any entry and/or Participant (including Participant’s identity and address) and to disqualify any Participant who submits an entry that is not in accordance with these Official Rules or who tampers with the entry.
D. Winner Obligations.
Selected winners will be required to sign a notarized affidavit of eligibility, a confidentiality agreement, and a liability release/assignment of rights and return these documents to sponsor within 48 hours of receipt. In the event of failure to return the affidavit, confidentiality agreement and release in the time permitted or if notification is returned as undeliverable, participant will be disqualified and an alternate selected. Selected winners also agree to return any prize received if the representations made herein or in the affidavit or release prove to be untrue and to further indemnify and hold harmless the sponsor, against any and all claims, damages and expenses, including attorneys’ fees incurred as a result of any such misrepresentation. The winner will also be required to sign a consent and release to grant the contest sponsor permission to the use such winner’s name, likeness and personal information in any media relating to their participation for publicity, promotion, advertising and other purposes without further notice or additional compensation to promote the contest, the entry and music (the “consent”); and shall further assign to the sponsor, of all rights of ownership, including copyright, in any such entry and return the consent within forty-eight (48) hours of receipt of notification. Selected winners may be required to make themselves available for interviews during the time their entry is publicized locally or nationally to the media.
E. Release and Indemnity.
Sponsor is not be responsible for any damages, taxes, or expenses that any winner might incur as a result of the contest or receipt of any prize.
All Participants agree to release, indemnify, defend and hold harmless the Sponsor, its directors, officers, employees and representatives from all claims, losses, liabilities and demands arising out of or in connection with (i) participation in any contest, (ii) the downloading or accessing of contest or entry materials, (iii) acceptance, possession, or use of any prizes, and, without limiting the generality of the above, from any loss of or damage to property or injury or death to any person while using the prize or participating in the contest, or (iv) any claim that Participant’s entry or Sponsor’s use, distribution or commercialization of the entry violates any copyright, intellectual property right or other proprietary right of any party. Prize winner waives the right to (1) to assert as a cost of winning a prize any and all costs of verification and redemption or travel to redeem that prize, and (2) any liability claim which might arise from redeeming or seeking to redeem that prize. Any contest is void in whole or in part where prohibited, licensed, or restricted. Participants agree that their contact information may be shared with Sponsor’s representatives and other participants.
It is expressly understood that Sponsor is under no obligation to the winners other than as expressly set forth in these Official Rules. The winners are solely responsible for all federal, state and local taxes and fees associated with the receipt of any prize. In the event that the selected winner of a contest is ineligible, cannot be traced or does not respond within five (5) business days to a winner notification, or refuses the prize, the prize will be forfeited and Sponsor, in its sole discretion, may choose whether to award the prize to another Participant.
Contest Sponsors and their promotion agencies are not responsible for phone, network, electronic or computer hardware or software failure or technical failures of any kinds, lost or unavailable network connections, fraud incomplete, garbled or delayed computer transmissions, whether caused by contest Sponsors, Participants or by any of the programming or equipment associated with or utilized in the promotion or by any technical or human error which may occur in the processing of submissions which may damage a user’s system or limit a participant’s ability to participate in the promotion.
If for any reason a Participant’s submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Participant’s sole remedy is the opportunity to provide another submission in the applicable contest provided the contest has not expired.
Sponsor may revise these official rules (and/or cancel, modify or suspend a contest (including altering prizes) if, its sole discretion, the contest cannot reasonably be conducted as specified at any time. Such changes will be posted online and you agree to be legally bound by the Official Rules as updated, modified and/or amended.
G. Other Things You Should Know.
Participants agree that: (i) any and all disputes, claims and causes of action arising out of or connected with a contest or any prize awarded shall be resolved individually, without resorting to any form of class action, and exclusively by the Swiss District Court Zürich, or the appropriate Swiss State Court Zürich; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering contest(s) but participants may not recover any attorneys’ fees, costs, punitive, incidental or consequential damages; and (iii) to the extent not prohibited by applicable law, Participants waive any right to a jury trial in any forum in respect to any issue, claim or cause of action arising out of or based on the subject matter hereof. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligation of the participant and the sponsor in connection with a contest, shall be governed by, and construed in accordance with, the swiss laws without giving effect to any choice of law or conflict of law rules. Any contest is void where prohibited, restricted or regulated by law. Entries are void if the sponsor determines an entry to not be original, or if an entry is illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft. Failure by the sponsor to enforce any of its rights or these official rules at any stage does not constitute a waiver of those rights. Participants hereby represent and warrant that they have read these Official Rules and are fully familiar with the contents.