Terms & Conditions
The terms (the “
Terms” or the “
Agreement”) govern your (“
You” or the “
Contestant”) participation in the remix contest (the “
Contest”) operated by AFROJACK, Wall Recordings and LDH Europe B.V. (hereafter collectively referred to as “
AFROJACK”) and sponsored by PMC (“
Sponsor”).
Before entering the Contest, You have to agree to these Terms. Please read these Terms carefully as they form a binding legal agreement between You and AFROJACK.
- CONTEST ENTRY
- An eligible individual may enter the Contest by taking the following steps:
- 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 AFROJACK website located at http://www.afrojack.com (the “Website”);
- uploading the Remix and the component tracks of the Remix (“Remix Parts”) (the term “Eligible Songs” shall mean to include Remix Parts) to the Contest Page, in any file format specified by AFROJACK; and
- providing the necessary personal data to enter the Contest on the Contest Page.
- The materials referenced above collectively form your “Entry”.
- 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 in the Contest.
- GRANT OF SUBLICENSE
- AFROJACK and/or any third party owners of the intellectual property to the Eligible Songs hereby grant Contestants 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 in connection with the Contest, subject to the terms and conditions of these Terms, and for no other purpose (the “Sublicense”). In any event, You are not allowed to use the Remix for any commercial purposes outside the Contest, whether the Remix has been selected or not.
- 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. The time for the purposes of determining the beginning and end of the Contest Period shall be solely determined by the Contest Page of the Website.
- ELIGIBILITY
- The Contest is open only to individuals who, for the duration of the Contest Period:
- have completed their Contest account on the Website;
- reside in a jurisdiction where the Contest is lawful;
- are over the age of 18 years and have the legal capacity to enter into a binding contract in the jurisdiction where they reside, or if under the age of 18 years, individuals that have entered into the Contest with the informed written consent of a legal guardian;
- have read and agreed to be bound by these Terms and any terms of use and privacy policies AFROJACK may have in place during the Contest Period; and
- are not employees, officers, directors or affiliates of AFROJACK or the Sponsor, or their immediate family members;
- have the right, power and authority to enter into the Contest and to fully perform the Terms hereof, and that are not hindered by any other agreement (e.g. no exclusive recording agreement, publishing agreement or other agreement).
- By entering the Contest, You represent and warrant to AFROJACK that you meet these criteria. AFROJACK reserves the right to verify and require proof of compliance with these criteria, prior to awarding You with a Prize.
- 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 solely determined by the number of qualifying Entries received, and the quality of Your Entry.
- ONE ENTRY PER INDIVIDUAL, NO MODIFICATION OF ENTRY
- Each individual eligible to enter the Contest may only provide only one (1) Entry of per Eligible Song to the Contest. Entries may not be modified after being submitted.
- PRIZES
- The prize for the Contest (the “Prize”) shall be determined by AFROJACK, and will be displayed prominently on the Contest Page before the Contest Period begins. The approximate value of each Prize will also be provided, or where such a value is difficult to estimate, a brief description of the Prize will be provided. Prizes are non-transferable, non-refundable and cannot be sold or exchanged for cash.
- DETERMINATION OF WINNER
- The winning Contestant of the Contest (the “Winner”) shall be determined by AFROJACK in its sole discretion based on its subjective review of the Remixes submitted to the Contest. The Winner shall be selected on the date specified on the Contest Page (“Selection Date”). The Contestant whose Entry is chosen as the winning Entry, shall be required to claim the Prize within the period specified on the Contest Page (“Claim Period”). The Contest shall have at least one Winner per Eligible Song available in the Contest. AFROJACK may, in its sole discretion, determine more than one Winner per Eligible Song available in the Contest.
- PROVISION OF PRIZE
- The Winner of the Contest shall be notified by AFROJACK at the contact information they submitted when entering the Contest. In order to claim the Prize, the Winner must, if requested, provide AFROJACK with:
- proof of compliance with the criteria mentioned in article 4 of these Terms, including but not limited to proof of age and jurisdiction of residence;
- any information reasonably necessary to allow AFROJACK or the Sponsor to provide the Winner with the Prize, including but not limited to contact details and bank account details;
- signed copies of any liability releases, publicity releases, intellectual property assignments, declarations, or additional documents that AFROJACK may require.
- Collectively, the materials referenced in a, b and c above constitute the “Winner’s Information”.
- After receiving the Winner’s Information, AFROJACK shall provide the Winner with the Prize within the date specified on the Contest Page (“Award Date”).
- NOMINATION OF NEW WINNER
- If the Claim Period has lapsed and the Winner has not responded, or has failed to provide the Winner’s Information, or if at any time the Winner indicates he or she does not wish to accept these Terms, or is not eligible to win a Prize, their Prize may be forfeited and AFROJACK may determine a new Winner who may be provided the Prize on the basis of these Terms.
- AVAILABILITY OF PRIZE
- All Prizes are provided by AFROJACK and/or the Sponsor. AFROJACK and its Sponsor make 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 AFROJACK and its Sponsor harmless from any and all costs and expenses (including but not limited to reasonable attorney 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.
- PRIVACY STATEMENT, PERMISSION TO DISPLAY, WAIVER OF CLAIM
- Before your enter the Contest, you have to agree on the Privacy Statement, besides these Contest Terms. You grant AFROJACK permission to collect certain information and material about You and Your Entry, including your Remix, Your name, Your likeness, and information required to submit Your Entry and collect the Prize (in case of a winning Entry). You also grant AFROJACK and the Sponsor permission to publicly display and make available certain information and material on the Website (where relevant for the Contest and announcement of the Winner) and in any promotional materials associated with the Website or Contest, without any compensation to You. You agree to waive any (potential) claim against AFROJACK and/or the Sponsor relating to the use or display or making available of such information or material.
- TERMINATION AND MODIFICATION OF CONTEST
- The Contest may be terminated or modified by AFROJACK 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:
- no further Entries will be accepted to the Contest;
- any Entries already submitted to the Contest shall be deleted;
- 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 Parts) and Remixes, including any copies You may have in Your care or control;
- AFROJACK or the Sponsor shall not have any obligation to You, including no obligation to award or deliver a Prize or pay any compensation of any kind whatsoever;
- these Terms shall survive.
- DISQUALIFICATION
- AFROJACK reserves the right to disqualify any Contestant from the Contest, in its sole discretion, for any of the following reasons:
- submitting any material to the Contest that is infected by computer viruses, bugs, bots or malware;
- engaging in any unauthorized intervention, tampering, fraud, technical failures, or any other actions which, in AFROJACK’s sole opinion, corrupt or affect the administration, security, integrity, availability or resilience of the Website or the Contest;
- submitting any false or misleading information to the Contest;
- submitting material to the Contest that contains profanity, pornographic or sexual content, hate speech or that promotes violence;
- submitting material to the Contest that infringe on third party’s intellectual property rights or violate on other (contractual or legal) rights;
- violating or failing to comply with any of the requirements, terms, representations or warranties under these Terms;
- taking or be involved in any action that may harm AFROJACK or the Sponsor, their name and reputation, or expose them to any legal liability.
- TRANSFER OF INTELLECTUAL PROPERTY RIGHTS
- If Your Entry is chosen as a Winner of the Contest, You irrevocably and unconditionally transfer and assign to Wall Recordings, the label of AFROJACK, who made the Eligible Song available for the Contest, all intellectual property rights of Your Remix of that Eligible Song, including but not limited all copyrights and neighbouring rights for all media, whether known now or in the future, worldwide, in all languages, and in perpetuity, without any further compensation being required, unless where indicated otherwise on the Contest Website.
- This transfer of intellectual property rights shall also include all future forms of exploitation. You agree to also grant AFROJACK the right to use Your name and likeness for the presentation and exploitation of the Remix.
- In case any further formalities are required in order to effectuate this transfer of intellectual property rights, You shall promptly cooperate with any instructions of AFROJACK in relation to such transfer, including granting a power of attorney where requested.
- You hereby irrevocably agree to waive Your moral rights in the Remix You created, and shall not start or support any action or lawsuit against AFROJACK on the basis of an infringement of any moral rights in the Remix.
- You represent and warrant that You own all intellectual property rights associated with any new materials added to the Eligible Song during the creation of the Remix, and that any Remix is free from any third party right.
- You shall not share, transmit, make publicly available or disseminate the Remix to any party other than AFROJACK or the Sponsor, for purposes outside the scope of the Contest, or for any commercial purposes.
- CONSENT TO RECEIVE COMMUNICATIONS
- You consent to receiving communications from AFROJACK and/or the Sponsor relating to the Contest, including information about Your Entry, information about the Contest, Prize details, and notices about other upcoming contests. During the Contest, AFROJACK shall have no obligation to correspond about the (outcomes of the) Contest.
- LIMITATION OF LIABILITY, INDEMNIFICATION
- You agree to indemnify and hold AFROJACK and/or the Sponsor 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.
- You agree not to sue, and irrevocably and unconditionally release, and forever discharge AFROJACK and/or the Sponsor, including their parents, subsidiaries (whether or not wholly-owned), affiliates, agents, representatives, employees, successors and assigns, and customers from liabilities, claims and demands of any kind or nature arising out of or related to Your participation in the Contest.
- ENTIRE AGREEMENT
- These Terms, the Privacy Statement and the Winner’s Documents referenced herein constitute the entire agreement between You and AFROJACK regarding the subject matter thereof.
- JURISDICTION AND ARBITRATION
- These Terms and Your Entry shall be construed and interpreted in accordance with the laws of the Netherlands, 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. Any and all disputes arising hereunder shall be solely submitted to the competent courts in Rotterdam, the Netherlands.
- For assistance or questions regarding the Contest, please contact us by sending an email to: remixbattle@afrojack.com.
