NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: #makeourmark Contest (the “Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry and who did not purchase any equipment for the purposes of entering this Contest. Employees of nativ.ly, LLC, Levi Strauss & Co., SoundCloud Ltd. (“SoundCloud”), Omnicom Group Inc., ePrize, Inc., and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
2. Sponsor: nativ.ly, LLC, 824 Lombard Street, San Francisco, CA 94133. Administrator: ePrize, Inc., One ePrize Drive, Pleasant Ridge, MI 48069.
3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Contest begins on September 13, 2013 at 12:00 a.m. Pacific Time (“PT”) and ends on October 6, 2013 at 11:59 p.m. PT (the “Contest Period”). Sponsor’s computer is the official time-keeping device for the Contest.
5. How to Enter: During the Contest Period, log-into or create your SoundCloud or Facebook account. If you do not already have an account, follow the online directions when prompted to create a free account. If you are entering using Facebook, you will advance to the authorization page where you will be required to authorize Sponsor to pull your profile information and other content in order to participate in the Contest. Then, visit http://www.heya.toyota.com http://www.soundcloud.com/makeourmark, listen to the “Sparks” on the top of the page and follow the links and instructions to download the Spark(s) that move and inspire you. Using the Spark(s) you choose, create and then upload one (1) audio file (e.g. a song with instrumentals and/or vocals, a remix, a podcast or other sound) that reflects a pioneering spirit (the “Contest Theme”), hereafter referred to as your submission (“Submission”). You may download and use the Sparks to create your Submission for this Contest only. You may not use the Sparks for any other purpose. By uploading your Submission, you agree that your Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes that your Submission fails to conform to the Guidelines and Restrictions.
- The Submission must be in AIFF, WAVE (WAV), FLAC, ALAC, OGG, MP2, MP3, AAC, AMR or WMA format;
- The Submission must contain at least one (1) Spark; and
- The Submission cannot have been submitted previously in a promotion of any kind.
- The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- The Submission must not disparage Sponsor, Administrator or any other person or party affiliated with the Contest;
- The Submission must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Submission in this Contest;
- The Submission must not contain audio not created by entrant (with the exception of the Sparks);
- The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
- The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Submission is created.
Limit: Each entrant may upload five (5) Submissions during the Contest Period. Submissions received from any person or account in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. Entrant must have permission from all individuals who appear in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.
In the event of a dispute as to any Submission, the authorized account holder of the email address used to register will be deemed to be the entrant and must comply with these Official Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder.
6. Winner Determination: After the Contest Period, a panel of qualified judges determined by Sponsor in its sole discretion will score all eligible Submissions based on the following Judging Criteria:
- Creativity/Originality (50%);
- Quality of Submission (20%); and
- Fit to Contest Theme (30%)
The two (2) entrants with the highest-scoring Submissions will be deemed the potential Grand Prize winners. The entrants with the next-highest scoring Submissions will be deemed the potential First Prize, Second Prize, and Third Prize winners respectively. In the event of a tie, the entrant whose Submission received the highest score for Creativity/Originality, as determined by the qualified judges, in their sole discretion, will be deemed the applicable potential winner. Sponsor reserves the right to select fewer than five (5) potential winners, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.
7. Winner Requirements: Potential winners will be notified by email or phone on or around October 15, 2013. Except where prohibited, each potential Grand Prize winner (parent/legal guardian if a minor in his/her state of residence) will be required to sign and return a Declaration of Compliance, Liability and Publicity Release, which must be received by Administrator within seven (7) days of the date notice or attempted notice is sent, in order to claim his/her prize. The potential First Prize, Second Prize, and Third Prize winners will be required to provide a valid mailing address (P.O. Boxes not permitted) within ten (10) days of the date notice or attempted notice is sent, in order to claim the prize. If a potential winner cannot be contacted, fails to execute and return the Declaration of Compliance, Liability and Publicity Release (if applicable) or provide any other requested information within the required time period, does not comply with these Official Rules, or prize is returned as undeliverable, potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion. Only three (3) alternate winners may be determined, after which the applicable prize will remain unawarded. Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each winner will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. Prizes will be fulfilled 8 – 10 weeks after the end of the Contest Period.
8. Prizes: TWO (2) GRAND PRIZES: A Native Instruments MASCHINE Groove Production Studio; a Sonos Wireless Hifi system tailored for your Living Room; and a $200 Levi’s gift card. Approximate Retail Value (“ARV”): $1,499.
ONE (1) FIRST PRIZE: A Blue Microphones Yeti pro USB Condenser Microphone, Multipattern; and a $210 Levi’s gift card. ARV: $419.
ONE (1) SECOND PRIZE: A Serato DJ + Video bundle; and a $210 Levi’s gift card. ARV: $410.
ONE (1) THIRD PRIZE: A set of Denon Professional DJ Headphones; and a $210 Levi’s gift card. ARV: $400.
For All Prizes: If applicable, the actual value of electronic prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Limit: One (1) prize per person.
9. Release: By receipt of any prize, winners agree to release and hold harmless the Sponsor, Levi Strauss & Co., SoundCloud, Omnicom Group Inc., Administrator and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission.
12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
14. Winner List: For a winner list, visit http://bit.ly/14Bp2cr. The winner list will be posted after winner confirmation is complete.
© 2013 ePrize, Inc. All rights reserved.