soundcloud contest terms and conditions
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The Bleeding Fingers “Sound Corps” Competition
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN.
ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY (“APPLICABLE LAWS”).
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. Promotion Details
1.1 The Bleeding Fingers “Sound Corps” Competition (the "Competition") is sponsored by The Bleeding
Fingers Custom Music Shop, and any and all of its decisions on all matters relating to this Competition
will be final and binding. The Competition consists of a skill based competition in which prospective
entrants who are at least the age of majority in the state and/or country in which the entrant resides old
create a musical composition, as further described in Section 2 below.
1.2 By entering the Competition you agree that you have read and understood these Terms and
Conditions and agree that you will be bound by them. These Terms and Conditions govern your
relationship with The Bleeding Fingers Custom Music Shop, whose address is 1531 Fourteenth St., Santa
Monica, CA 90404, United States (“Bleeding Fingers”). These Terms and Conditions and the terms of use
of SoundCloud (http://SoundCloud.com/terms‐of‐use) form part of the rules of entering this
Competition (the “Rules”). Entering the Competition you agree that you have read, agree to and are
bound by the Rules.
2. Participation
2.1 These Rules are separate from and different in certain ways to any agreement with SoundCloud or
any other service provider which you may use to enter this Competition. To enter the Competition, you
must submit a composition (the “Composition”), which shall be created using stems (the “Stem Files”)
from the track entitled “Destiny’s Door” by Hans Zimmer (the “Artist”).
2.2 Entry to the competition is made by you downloading the stems of the Artist’s track “Destiny’s Door”
via the webpage:
http://hanszimmerwantsyou.com
Then you will need to create your Composition(s) using those Stem Files. Once you have created your
Composition(s) you will submit your Composition(s) via the official competition group page:
http://hanszimmerwantsyou.com/submit and follow the instructions on the webpage. For any
submission to be deemed complete, you must provide responses to the questions under the “Who Are
You” section of the website (www.hanszimmerwantsyou.com/submit), as well as any requested contact
information.
2.3 The Competition will run from 10:00:00 AM PST (19:00:00 CET) on Wednesday January 22, 2014 (the
“Starting Date”) and continue through 00:01:00 AM PST (09:01:00 CET) on Thursday February 20, 2014
(the “Closing Date”) (collectively the “Competition Period”). For the avoidance of doubt no entries will
be counted before or after the Competition Period. At the end of the Competition Period, Bleeding
Fingers will judge the Competitions and select up to three (3) winners, as described more fully in Section
6 below. The potential winning of the prize, as more fully described in Section 6.2 below, is subject to
verification, as set forth below. All Compositions must be uploaded by 00:01:00 a.m. PST (09:01:00 CET)
on February 20, 2014. Entry is not complete until you have properly followed all the online prompts and
instructions to upload your Composition so that your Composition submission is received and you have
affirmatively accepted the Rules.
2.4 This Competition is open to residents of the United States, the United Kingdom, Australia, Canada
(excluding Quebec), Germany and Sweden only. In addition, entry is only open to those persons who
are or can become legally able to work within the United States (i.e. must be able to establish/provide
proof of employment eligibility within the United States before any employment offer can be made) and
you must be at least the age of majority in the state and/or country in which you reside, but in no event
aged less than 18 years old, (as of the Starting Date) to enter this competition. For any person who
submits a Composition and who resides outside of the United States (each a “Foreign Entrant”), any visa
for entry into the United States, necessary to accept the Prize Package, defined below, is the
responsibility of such Foreign Entrant. In the event any such Foreign Entrant is selected as a Winner, as
defined below, such Foreign Entrant will be required to visit the website https://esta.cbp.dhs.gov and
complete the required information to apply for authorization to enter the United States. No Foreign
Entrant will be able to gain entry to the United States without completing a visa application.
2.5 Bleeding Fingers (and its licensees, affiliates and assigns) reserves the right to cancel and/or extend
the Competition or to the extent as may be necessary amend these Terms and Conditions without
notice in the event of any and all circumstances outside its control, including without limitation, a major
catastrophe, war, civil or military disturbance, strike, earthquake or any actual, anticipated or alleged
breach of any applicable law or regulation or any other similar event. This applies in particular if the
Competition cannot be executed properly due to technical or legal reasons. No liability shall attach to
Bleeding Fingers as a result thereof.
2.6 Officers, directors, and employees of Bleeding Fingers, Extreme Music Library Limited, Remote
Control Productions, Sony ATV, and any of their subsidiaries and/or agencies associated with this
Competition, as well as the immediate families of those persons and/or persons living in the same
households as such persons (whether or not related thereto) are ineligible to enter. Any such entries will
be invalid.
2.7 You may submit more than one Composition in this Competition, however, any duplicate entries will
be deleted and you will be disqualified from this Competition. Any Compositions generated by a script,
macro, or other automated means will be disqualified. Compositions that are incomplete, garbled,
corrupted, or unintelligible for any reason, including, but not limited to, computer or network
malfunction or congestion (including, without limitation, at Bleeding Fingers’ and/or any other entity's
servers), are void and will not be accepted. Compositions that are not reasonably pertinent to the
Competition, as determined by Bleeding Fingers in its sole discretion, or are otherwise in violation of
these Rules will be disqualified. Thus, only Compositions that are created using the Stem Files will be
considered valid Compositions. Any submission of any invalid Composition will be immediately removed
and excluded from the Competition.
2.8 All standard telephone, internet, network and data charges will apply (there is no additional charge
to enter this Competition) and you must have the bill payer’s permission prior to entering the
Competition. You will be solely responsible for all costs of making and submitting your Composition.
Bleeding Fingers and the Artist’s use of the Composition
2.9 Pursuant to Section 3 below, any Composition will be the property of Bleeding Fingers or shall be
deemed assigned and/or licensed to Bleeding Fingers on an exclusive, royalty‐free (except where
prohibited by applicable law), irrevocable basis (see Section 3 “Grant of Rights” below). Bleeding Fingers
is under no obligation to make any use of any Composition submitted. Notwithstanding the foregoing,
Bleeding Fingers may use, edit and adapt the Composition you supply in any manner or medium.
Other People and Other Materials
2.10 You warrant and represent that any Composition you supply is your original creation, shall not have
been exploited previously in any manner or medium, shall not be in the public domain, shall not contain
any uncleared samples or interpolations, and shall not infringe upon or violate the rights of any person
or entity, and that you shall be solely responsible for and shall pay all costs relating whatsoever to the
creation of any such Composition. You further warrant and represent that you have obtained all
necessary rights with respect to creating and producing any Composition, and that, except in connection
with the Stem Files provided by Bleeding Fingers for the purpose of this Competition, you shall be solely
responsible for obtaining any and all required licenses, permissions and consents from third parties,
including any performers, in connection with the creation and supply of any Composition.
Use of the Stem Files and Artist’s Recordings
2.11 You may use the Stem Files solely for the creation of your Composition in order to enter this
Competition. You shall have a non‐exclusive limited license within the Competition Period to use the
Stem Files solely for the purpose of entry of this Competition only. Any use of the Stem Files beyond the
Competition Period will be a breach of these Rules, breach of copyright and you will be breaking the law.
Without limiting the generality of the foregoing, you may maintain your Composition(s) on your
SoundCloud profile during and after the Competition Period. You acknowledge and agree that the Stem
Files are the sole property of Bleeding Fingers and you shall not exploit or use the Stem Files (or any
composition, mix, remix, video or other recording which includes or uses the Stem Files) in any way
other than to create a Composition to be submitted as part of this Competition.
SoundCloud Account
2.12 In providing your Composition for Bleeding Fingers’ use you agree to comply with all the terms of
your user agreement with SoundCloud or any other service provider used (“User Agreement”) and the
terms of these Rules shall survive any termination by you, SoundCloud or such service provider of the
User Agreement.
2.13 In the event of any inconsistency between these Rules and the User Agreement these Rules will
have precedence.
2.14 ONLY ELIGIBLE CONTESTANTS MAY PARTICIPATE IN THE COMPETITION AND/OR WIN THE PRIZE
PACKAGE, AS DEFINED BELOW. BLEEDING FINGERS EXPRESSLY RESERVES FOR ITSELF THE RIGHT TO
DETERMINE THE ISSUE OF ELIGIBILITY AT ANY TIME (INCLUDING, WITHOUT LIMITATION, AFTER AN
ENTRANT WAS EARLIER DEEMED ELIGIBLE).
3. Grant of Rights
3.1 By entering the Competition and in consideration of Bleeding Fingers’ provisions of the Stem Files
and the opportunity presented hereunder you (the entrant) hereby agree as follows: subject to
applicable laws, any Composition submitted by you as part of this Competition shall be deemed a “work
made‐for‐hire” specially ordered by Bleeding Fingers pursuant to Section 201 of the United States
Copyright Act of 1976, as amended, with Bleeding Fingers being deemed the sole author and owner
thereof. In the event any Composition is determined not to be a “work made‐for‐hire”, you hereby
irrevocably grant and assign to Bleeding Fingers any and all rights (including but not limited to
proprietary and intellectual property rights, together with the right to amend the Composition, and
transfer Bleeding Fingers’ rights to the Composition) therein throughout the universe in perpetuity.
Notwithstanding the foregoing, Bleeding Fingers shall not exploit any Composition in any way other than
for purposes of this Competition.
3.2 In respect of the Composition, Bleeding Fingers shall, subject to applicable laws, be the first owner of
the entire copyright and all other rights in and to the products of your services hereunder and Bleeding
Fingers shall have the absolute right to exploit the Composition throughout the world, solely as part of
this Competition, and you hereby grant to Bleeding Fingers all consents necessary to enable Bleeding
Fingers to so exploit the Composition without any payment or royalty to you (or any third party) of any
nature (except where prohibited by applicable law) and, to the fullest extent permissible by applicable
law, you waive any so called moral rights or similar rights you may have or acquire in connection
herewith. To the extent that you acquire any copyright in or to the Composition you hereby assign the
same, including without limitation any and all respective exploitation rights, to Bleeding Fingers by way
of present assignment of present and/or future copyright for the full duration thereof (including all
extensions and renewals). For clarification, Bleeding Fingers will therefore own the Composition and
have the sole right to exploit it, including the right to amend the Composition and transfer any and all
rights in and to the Composition, Amended or not. However, Bleeding Fingers shall not exploit any
Composition, other than as described herein, in any manner or media other than as part of this
Competition.
3.3 In addition you hereby grant to Bleeding Fingers (and its licensees, affiliates and assigns), an
irrevocable, perpetual, worldwide, exclusive, royalty‐free , fully paid up, license (and the right to sub‐
license such rights) to adapt, use, copy, transmit, display, broadcast, exploit, manipulate, make available
or otherwise distribute, publicly perform, digitally perform and/or otherwise use any Composition in any
medium and in any manner now or hereafter known (including in conjunction with visual images and
films) without any payment to you (or any third party) of any nature, except where prohibited by
applicable law. Bleeding Fingers shall not exploit any Composition, other than as described herein, in
any manner or media other than as part of this Competition.
3.4 In relation to the Composition which includes the Stem Files or any Bleeding Fingers or Artist
property, material, image or logo, you will not be able to exploit or use that Composition in any way
without the further written agreement of Bleeding Fingers and the Artist, other than by your entry of
this Competition.
3.5 With respect to any Winning Composition, as defined below, any Winner hereby assigns and grants
Bleeding Fingers the right to sell and otherwise commercially exploit such Composition, without any
additional consideration or payment to you (or any third party) of any nature (except where prohibited
by applicable law), in any medium and in any manner now or hereafter known, including without
limitation videos, publicity, advertising, websites and/or on forthcoming releases of an album or single
of Artist under Artist name, trademarks, trade names and labels. For the avoidance of doubt these Rules
may not be revoked or otherwise terminated by you.
3.6 To the fullest extent permissible by applicable law, you hereby waive, and shall procure that any
other person involved or performing in the Composition waives, any so‐called moral rights or similar
rights in connection with the Composition and consents to the use of your performance(s) as provided
by these Rules.
3.7 You will, at the request of Bleeding Fingers, execute any additional documentation reasonably
required by Bleeding Fingers to further assure the grant of rights hereunder.
3.8 Bleeding Fingers may at its sole discretion opt not to use, without notice or reason, any Composition
that Bleeding Fingers believes is inappropriate or in breach of these Rules.
4. Representations and Warranties
4.1 You represent and warrant to Bleeding Fingers that:
(a) each Composition supplied by you does not and shall not violate the rights of any third party,
including, but not limited to, copyrights, performer’s rights, moral rights, trademark rights and/or any
other intellectual property rights; and
(b) each Composition supplied by you is not false, deceptive, misleading, scandalous, indecent,
criminally obscene, pornographic, unlawful, blasphemous, defamatory, libelous, fraudulent, tortuous,
threatening, harassing, hateful, degrading, intimidating, or racially or ethnically offensive, or contains
nudity, pornographic images, explicit sexual themes or graphic violence; and
(c) with the exception of the musical stems provided for the purpose of this Competition, no
Composition supplied by you contains any uncleared samples or interpolations.
(d) each Composition supplied by you does not and shall not create any liability for Bleeding Fingers, its
successors and assigns and/or any of their respective licensees; and
(e) each Composition supplied by you does not contain a virus, worm, Trojan horse, Easter egg, time
bomb, spyware, or other computer code, file or program that is harmful or invasive or may, or is
intended to damage or hijack the operation of, or to monitor the use of, Bleeding Fingers or any
hardware, software, or equipment; and
(f) each Composition supplied by you does not contain any advertising, promotional material, or other
form of solicitation or any non‐public information about a company; and
(g) each Composition supplied by you is an original work by you and you have all necessary rights,
licenses, consents and permissions to use, and to authorize Bleeding Fingers to use, any and all
copyrights, performance rights or other intellectual property rights in and to the Composition in order to
use the Composition as contemplated herein; and
(h) you have no right title or interest in any music or lyrics or arrangement within your Composition
thereof; and
(i) you have any and all necessary licenses and consents for any and all performances and copyright
works (other than the Stem Files) recorded as part of a Composition.
5. Indemnification
5.1 You agree to indemnify, defend and hold harmless Bleeding Fingers, its successors, licensees and
assigns and the licensors of each, and your respective, affiliates, vendors, distributors from and against
any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys'
fees, resulting from:
(a) any breach of these Rules;
(b) any use of a Composition supplied by you or by any other person or third party under these terms of
use, including, but not limited to, any third party claim of infringement of a copyright or other
intellectual property right or invasion of privacy.
5.2 to the fullest extent permissible by applicable law, you irrevocably waive the right to assert any claim
against Bleeding Fingers or any Bleeding Fingers company or licensee in relation to the use of your
Composition(s), including, but not limited to any claim arising from, copyright, performer’s rights, moral
rights and trademarks. For avoidance of doubt, subject to applicable laws, you agree to waive any and
all claims, demands and damages of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed (including actual, consequential and punitive damages), arising
out of or in any way connected with the use of your Composition. You hereby expressly waive Section
1542 of the California Civil Code, as well as any other statute, law or rule of similar effect, which states:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his
or her favor at the time of executing the release, which if known by him or her must have materially
affected his or her settlement with the debtor."
6. The Winners
6.1 After the Competition Period up to three (3) Compositions (each a “Winning Composition”) will be
selected from all valid entries, by the Artist and Bleeding Fingers (collectively, the “Judges”), in their sole
discretion. Compositions will be judged based upon the following criteria: 1) Performance Quality
(34%); 2) Creativity (33%); and 3) Originality (33%) ("Judging Criteria"). The Winning Compositions will be
those that receive the highest overall score, subject to verification of eligibility and compliance with
these Rules. The Judges’ decision is final. The person responsible for any such Winning Composition
shall be deemed a Winner. The Winner(s) Composition(s), subject to Bleeding Fingers’ sole discretion,
may be featured on the website and/or web channels (for example Facebook page) of Bleeding Fingers
and/or the Artist, and Bleeding Fingers or the Artist may make further use of the Composition, as set out
in the clauses herein. The Winner(s) will be announced by Bleeding Fingers on or around March 20,
2014, by publication on the Extreme website. The Winner(s) will further be contacted by email or
telephone directly by Bleeding Fingers to be notified that they have been chosen. Bleeding Fingers will
not notify unsuccessful entries. If you are one of the Winners, Bleeding Fingers will request that you
contact Bleeding Fingers to provide proof of identity, age and employment eligibility. Any Winner(s) will
also be required to return a completed, signed, and unmodified official affidavit of eligibility, whereby
any Winner(s) shall provide his/her contact information as well as warranties and representations
regarding identity, ownership of any Composition, employment eligibility, and availability to accept the
Prize Package, as well as a release of liability, and (except where prohibited) a publicity release
(collectively, the "Documents") within two (2) or less business days after such notification. Faxed copies
of the Documents will have the same force and effect as the original documents. Noncompliance within
this time period will result in disqualification. If any Winner(s) cannot be reached, or is found to be
ineligible, or cannot or does not comply with these Rules, or if his/her Documents are returned as
undeliverable, such Winner(s) will be disqualified. In addition, any Winner(s) may be required to provide
us with proof that you are the authorized holder of the email account and SoundCloud account
associated with your entry. Any Winner(s) will also be required to provide Bleeding Fingers with contact
details of any person who helped you make, and or performs on, our Composition, and Bleeding Fingers
shall be entitled to contact such persons to verify that you have obtained their consent pursuant to
these Terms and Conditions and/or you may be required to provide Bleeding Fingers with evidence in
writing that all such persons have consented to these Terms and Conditions. If you do not promptly
(within two (2) business days of any request made by Bleeding Fingers) provide us with any of the
information we have requested under this paragraph, you may be disqualified from the Competition at
the sole discretion of Bleeding Fingers. The Prize Package, as defined below, will be forfeited with
respect to any selected Winner and will be awarded to an alternate Winner, in the successive order that
the Compositions are ranked by the Judges, upon the occurrence of any of the following: (i) the failure
of the Winner to redeem the Prize Package by June 13, 2014; (ii) the return of a prize, prize notification
or winner announcement email to Sponsor as non‐deliverable; or (iii) the rejection of a prize by a
Winner.
The Prize Package
6.2 Any selected Winner(s) will receive the a three (3) day and two (2) night trip to Los Angeles,
California, United States and an opportunity to interview with Bleeding Fingers for a paid‐position as a
composer with Bleeding Fingers (the "Prize Package") which includes: Economy class airfare for one
person, to and from the closest commercial airport near the Winner to LAX, standard hotel
accommodations (one room/single occupancy), a Five Hundred Dollar ($500.00) Visa/Mastercard (or
comparable provider) gift card and an interview for a composer position with Bleeding Fingers. For the
sake of clarity, the Winner(s) are not guaranteed to receive an offer of employment with Bleeding
Fingers, rather, the Winner(s) shall solely be guaranteed an interview with Bleeding Fingers, which
may or may not result in an offer of employment.
6.3 Bleeding Fingers will liaise with each and every Winner to discuss suitable travel arrangements (for
example, preferred departure airports and flight times), however all flight, hotel and transport
arrangements are at the sole discretion of Bleeding Fingers. Airfare and hotel accommodations are
subject to capacity controls, availability, blackout dates and other restrictions, all of which are subject to
change at Bleeding Fingers’ sole discretion. In the event a Winner lives within a 200‐mile radius of
Santa Monica, California, United States, Bleeding Fingers will provide such Winner with ground round
trip transportation between Winner's residence and destination, in lieu of the round trip coach air
transportation. The dollar value difference between the round trip coach air transportation and ground
transportation will not be provided to such Winner.
(a) Bleeding Fingers is not responsible if any activity or flight is delayed, postponed or cancelled
for any reason, and no substitution will be provided except in the sole discretion of Bleeding
Fingers. Bleeding Fingers will not replace any lost, mutilated, or stolen travel vouchers or
certificates. No refund or compensation will be made in the event of the cancellation or delay
of any transportation or other prize element except at the sole and absolute discretion of
Bleeding Fingers. No substitution, cash redemption or transfer of prize is permitted except at
the sole discretion of Bleeding Fingers. If prize, or any portion thereof, cannot be awarded for
any reason, Bleeding Fingers reserves the right to substitute prize or portion of prize with
another prize or portion of prize of equal or greater value. Any portion of the prize not accepted
by any Winner(s) shall be forfeited.
(b) In the event a Winner resides outside of the United States, any necessary visa for entry into
the United States is the responsibility of such Winner. Each such Winner will be required to visit
the website https://esta.cbp.dhs.gov and complete the required information to apply for
authorization to enter the United States. Such Winner will not gain entry to the USA without
completing a visa application.
(c) All expenses not specifically mentioned herein, are not included as part of any prize package,
and are solely the responsibility of each and every Winner, including, but not limited to: air
carrier or auto lease taxes, ground transportation not specified, airline travel insurance, bag
check fees, parking fees, laundry service, food, beverages, merchandise, souvenirs, telephone
calls, gratuities and service charges, additional site‐seeing excursions and any other incidental
costs or expenses not identified in these Rules. Winner is also responsible for obtaining airline
travel insurance, if desired, and all other forms of insurance at the winner's option and hereby
acknowledge that Bleeding Fingers has not and will not obtain or provide any other types of
insurance. Bleeding Fingers shall not be responsible for any cancellations, delays, diversions or
substitution or any act or omissions whatsoever by the supplier of accommodations, venue
operators, transportation companies, prize providers or any other persons providing any prize‐
related services. If at a time before travel has commenced, any Winner becomes disabled or
cannot otherwise fully enjoy the prize package due to illness, Bleeding Fingers shall be relieved
of liability for fulfillment of the prize award; or at the sole and absolute discretion of Bleeding
Fingers, may award certain prize components, if available.
(d) Bleeding Fingers maintains no control over the personnel, equipment, or operation of any air
carrier, train operator, ground transportation carrier, hotel, or other person or entity furnishing
service, products, or accommodations as a part of the Prize provided pursuant to this
Competition. Bleeding Fingers shall not be liable for:
(i) in relation to entrants residing in Germany, any damages related to the provision and
execution of the Prize Package – except for damages to life, limb or health – to the
extent that these are caused by negligence on the part of Bleeding Fingers or at least by
gross negligence on the part of a representative or vicarious agent of Bleeding Fingers
and for any other damages, which are due to at least gross negligence on the part of
Bleeding Fingers, or a representative or vicarious agent of Bleeding Fingers; or
(ii) in relation to all other entrants, any injury, death, damage, loss, expense, accident,
delay, cancellation, diversions or substitution, or any act or omission, inconvenience, or
other irregularity that may be caused. Bleeding Fingers shall not be liable for any loss or
damage to baggage.
Each and every Winner will be solely responsible for obtaining valid identification relating to
acceptance and use of the travel prize packages and the associated costs for these
requirements. Travel prize packages are subject to any and all restrictions instituted by the
Department of Defense and/or Department of Homeland Security, as required at time of travel.
Each and every Winner is required to comply with any and all applicable federal, state and local
laws, rules and regulations. Each and every Winner will be solely responsible for all federal, state
and/or local taxes, and for any other fees or costs associated with the prize they receive. All
taxes and any expenses not expressly mentioned above as being paid by Bleeding Fingers are
solely the responsibility of the Winner(s). Winners may be issued an IRS 1099. The Prize
Package may under applicable laws be taxable as income of employment and the Winner(s) may
be obliged to account for the Prize Package in income tax returns. Please consult your local tax
authorities for further information as to tax implications of this Competition.
(e) No changes will be made to hotel or flight travel details once any element(s) of the travel
arrangements have been booked except at Bleeding Fingers’s sole discretion. All airline tickets
issued in conjunction with the Prize Package are not eligible for frequent flyer miles or any other
promotional benefit. No stopovers are permitted on tickets issued as part of the Prize Package;
if a stopover occurs, the Prize Package will terminate and full fare will be charged from the
stopover point for the remaining trip segment(s), including the return.
6.4 Bleeding Fingers reserves the right to verify the eligibility of your Composition. Bleeding Fingers may
request that the Winner(s) contact Bleeding Fingers to confirm that they are a winning entrant and/or to
provide proof of identity, age, and employment eligibility. In the event of a dispute as to the identity of a
Composition, such Composition will be deemed to have been submitted by the authorized holder of the
email account from which the Composition was submitted. You may be requested to provide Bleeding
Fingers with proof that you are the authorized holder of the email account associated with the winning
Composition.
6.5 Each Winner must supply the Documents, and must include copy of their passport (if necessary) and
other proof of eligibility documents prior to issuance of applicable travel documents.
6.6 In the event a Winner is offered employment with Bleeding Fingers, such offer of employment is
conditional upon the Winner providing documentation confirming his/her legal right to work in the
United States. In the event any Winner who is offered employment does not complete the Immigration
and Naturalization (I‐9) form and provide acceptable original documentation, such offer of employment
shall be terminated. In addition, any offer of employment is contingent upon the successful completion
of an employment application, pre‐employment background/reference and drug screening process,
signing and complying with the Employee Patent and Confidential Information Agreement, and signing
the Acknowledgement of the Sony Group Code of Conduct and Additional Applicable Policies/Company
Policies. Any such offer of employment will be for at‐will employment and no offer of employment for
any specific period of time shall be made. If such offer of employment is accepted, Bleeding Fingers
shall pay relocation fees to the extent necessary at the sole discretion of Bleeding Fingers.
6.7 In all cases Bleeding Fingers (and its licensees, affiliates and assigns) shall not be liable for email or
SoundCloud notification that does not reach the Winner(s) for reasons beyond the reasonable control of
Bleeding Fingers (and its licensees, affiliates and assigns). Bleeding Fingers (and its licensees, affiliates
and assigns) shall not be responsible for any costs or losses incurred directly or indirectly by the
Winner(s) as a result of an incorrect email address or address or name given by the Winner(s).
6.8 Any Prize Package awarded does not, and will not, include any payment for expenses incurred in
connection with the Competition including without limitation studio hire or equipment hire and costs.
6.9 The Winner(s) may be required, as a condition of being awarded the Prize, for no remuneration, to
participate in promotional and publicity materials at the reasonable request of Bleeding Fingers and it
shall be condition of being awarded the Prize the Winner(s) must consent and agree to do so. By
submitting your Composition in connection with this Competition, you grant to Bleeding Fingers, and its
affiliated companies, the right, except where prohibited by law, to use (i) any entry form information
including without limitation your name, age, likeness and e‐mail address, and (ii) any approved
biographical information, without compensation. Subject to applicable laws, you shall have no right of
approval, no claim to compensation, and no claim (including, without limitation, claims based on
invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in
composite form of your name, picture, likeness, e‐mail address, biographical information, or entry. The
rights granted under this paragraph shall extend to Bleeding Fingers and its affiliated companies with
respect to all entrants in the Contest, including the entrants who are selected as a Winner and those
entrants who are not selected as a Winner. Bleeding Fingers is under no obligation to use any such
materials or your Composition for any purpose. For the sake of clarity, Bleeding Fingers may utilize your
name, likeness and biographical information, and you expressly permit Bleeding Fingers (and its
licensees, affiliates and assigns) to identify you as the contributor of your Composition and the content
of your Composition to the Competition in any publication in any form, media or technology now known
or later developed, unless you otherwise notify Bleeding Fingers in writing at the time you submit your
Composition. Written notification can be sent to Bleeding Fingers Sound Corps Competition 2014, The
Bleeding Fingers Custom Music Shop, 1531 Fourteenth St., Santa Monica, CA 90404, United States.
6.10 In the event that the Winner(s) does not, or is unable to, comply with and meet the Rules, Bleeding
Fingers shall be entitled at its discretion to disqualify the Winner(s), without any further liability to them.
No liability shall attach to Bleeding Fingers (and its licensees, affiliates and assigns) as a result thereof.
6.11 The approximate retail value (“ARV”) of the travel and hotel portion of the Prize Package is
$2,000.00. There is no monetary value associate with the opportunity to interview for employment with
Bleeding Fingers. The actual value of the travel and hotel portion may vary depending on city of
departure, dates and times of travel, airfare fluctuations and hotel charges at the time of travel
bookings. Therefore, the actual value of the Prize Package awarded may be lower or higher at the time it
is fulfilled. Any difference between actual value and stated ARV will not be awarded. No cash equivalent
or alternative Prize will be given and the Prize is non‐transferable. However, Bleeding Fingers reserves
the right to change the Prize at its discretion or to offer an alternative of similar value.
6.12 Bleeding Fingers (and its licensees, affiliates and assigns) accepts no responsibility for Composition
lost, damaged or delayed, or for any difficulty experienced in accessing or submitting your Composition.
Late, damaged, defaced, illegible, incomplete or suspected fraudulent Compositions will not be
accepted. Proof of dispatch of the Composition (whether electronic or postal) will not be accepted as
proof of receipt by Bleeding Fingers. Bleeding Fingers is not responsible or liable for Compositions that
are uploaded by other than human means (such as by an automated computer program or any non‐
human mechanism, entity, or device), or for Compositions that are illegible, late, forged, destroyed, lost,
misdirected, tampered with, incomplete, deleted, damaged, garbled, altered, mutilated, destroyed, or
otherwise not in compliance with these Rules, whether caused by any of the equipment or programming
associated with or utilized in the Competition, or by any technical or human error which may occur in
the processing of Compositions in the Competition, or for failure to receive Compositions due to
transmission failures or technical failures of any kind and such Compositions will be disqualified.
7. General Terms
7.1 This Contest is subject to these Rules and all federal, state and local laws and regulations (collectively
"Rules and Laws"). By entering the Competition, you irrevocably agree and acknowledge to be bound by
the Rules and Laws, and decisions of Bleeding Fingers which are final and binding in all respects. With
the exception of entrants residing in Germany, you agree to forever and irrevocably waive all of your
rights to claim ambiguity with respect to the Rules and, to the fullest extent permissible by applicable
law, waive all of your rights to bring any claim, action, or proceeding against Bleeding Fingers in
connection with the Competition as more fully described in Section 5 herein.
7.2 Compositions that are incorrect or incomplete will be void. No refund will be made for the cost of
any Composition. Bleeding Fingers may refuse to award a Prize, or seek its recovery, in the event of an
entrant's fraud, dishonesty or non‐entitlement under the Rules.
7.3 Bleeding Fingers reserves the right, in its sole discretion, to disqualify any individual it (or its
authorized designee) finds to be: (i) tampering with, as applicable, the entry process or otherwise with
the operation of the Competition (including, but not limited to, the use of automated computer
programs or any non‐human mechanism, entity, or device), or any Web page or Web banner ad related
to the Competition; (ii) acting in violation of the Rules; (iii) acting in a non‐sportsmanlike or disruptive
manner, or with intent to annoy, abuse, threaten, harass, harm, mislead, or defraud any other individual
or entity; or (iv) otherwise in violation of any Applicable Law. Any person attempting to defraud
Bleeding Fingers, or any of its parents, subsidiaries or affiliates, or in any way tamper with the
Competition will be ineligible to win the Prize Package and Bleeding Fingers, or any of its parents,
subsidiaries or affiliates, will seek all remedies available to it, including, if appropriate, filing appropriate
complaints with legal authorities. If, for any reason, the Competition becomes corrupted, or is not
capable of running as originally planned, or does not allow the proper processing of Compositions in
accordance with these Rules, or if infection by computer virus, bugs, tampering, unauthorized
intervention, actions by Entrants, fraud, technical failures, or any other causes, in the sole opinion of
Bleeding Fingers, corrupts or affects the administration, security, fairness, integrity, or proper conduct of
the Competition or the granting of a prize or any component thereof, Bleeding Fingers reserves the
right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel,
terminate, modify, or suspend the Competition or any portion thereof and to conduct the judging and
award the Prize Package from all eligible, salvageable Compositions received (if any) during the
Competition Period, in accordance with the Rules.
7.4 In the event of any fault, mistake, misunderstanding or dispute concerning the operation of any part
of the Competition, the decision of Bleeding Fingers shall be final.
7.5 Bleeding Fingers is not responsible for network, telephone line or communication failures of any kind
or for entries that are incomplete, corrupted, incomprehensible or not received before the closing date
and time. Such Composition entries will be void.
7.6 In respect of entrants residing in Germany, Bleeding Fingers shall not be liable for any damages
related to the provision and execution of the Prize Package – except for damages to life, limb or health –
to the extent that these are caused by negligence on the part of Bleeding Fingers or at least by gross
negligence on the part of a representative or vicarious agent of Bleeding Fingers and for any other
damages, which are due to at least gross negligence on the part of Bleeding Fingers, or a representative
or vicarious agent of Bleeding Fingers. In respect of all other entrants, Bleeding Fingers does not assume
any responsibility for damages, losses or injuries that result from acceptance or use of any portion of the
Prize Package, provided that nothing in the Rules shall exclude or limit Bleeding Fingers’s liability for
death or personal injury caused by its staff or supplier’s negligence or for fraud.
7.7 Except as set forth under section 7.6 of these Rules, and to the fullest extent permissible by
applicable law, you hereby agree to release and hold harmless Bleeding Fingers, its parent companies,
affiliates, subsidiaries, divisions, advertising and promotion agencies and its respective employees,
officers, directors, agents, representatives, shareholders and prize’ partners and third parties
(collectively, the “Releasees”) from any claims, actions, injury, loss or damages of any kind, including but
not limited to, any damage to the entrant's or any other person's computer relating to or resulting from
participation in, or downloading of any materials or software in connection with, this Competition,
resulting from participating in this Competition or from the acceptance, possession, or use or misuse of
any Prize Package awarded or participation in any Prize Package related activity. This limitation of
liability is a comprehensive limitation of liability that applies to all damages of any kind, including
(without limitation) compensatory, direct, indirect, or consequential damages; loss of data, income, or
profit; loss or damage to property; and claims of third parties. Subject to applicable laws, eligible
participants agree that Releasees have not made nor are in any manner responsible or liable for any
warranty, representation, or guarantee, statutory, express or implied (including but not limited to, the
implied warranties of merchantability, title, and fitness for a particular purpose), in fact or in law,
relative to the Competition or the Prize Package awarded. Without limiting the generality of the
foregoing, Releasees do not make any express or implied warranties or representations with respect to
any promotional web site and Releasees shall not be liable for the consequences of any interruptions or
errors related thereto. These terms give you specific legal rights. The provisions regarding implied
warranties are void in some jurisdictions where implied warranties are prescribed by law. For avoidance
of doubt, subject to applicable laws, you agree to release any and all Releasees from claims, demands
and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed (including actual, consequential and punitive damages), arising out of or in any way
connected with the Competition. You hereby expressly waive Section 1542 of the California Civil Code,
as well as any other statute, law or rule of similar effect, which states: "A general release does not
extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of
executing the release, which if known by him or her must have materially affected his or her settlement
with the debtor."
7.8 To the extent allowable by law, Bleeding Fingers shall not be responsible for any payment of any
taxes or other costs associated with the receipt of the Prize Package.
7.9 Should one or more provision of these Terms and Conditions and Rules be unlawful, void, or
unenforceable, such provision(s) shall be deemed severable and will not affect the validity and
enforceability of the remaining provisions and the remainder of the Terms and Conditions and Rules will
thus remain in full force and effect.
8. Confidentiality
8.1 The Winner(s) agrees to keep confidential any knowledge about Bleeding Fingers and its business
and personnel received by them as a result of the Prize Package. The Winner(s) will, at the request of
Bleeding Fingers, execute any additional documentation reasonably required by Bleeding Fingers to
further assure this confidentiality obligation.
9. Jurisdiction
9.1 The Rules and this Competition are governed by the laws of the State of California. Except where
prohibited, California law, applicable to contracts entered into and to be performed entirely
within California, shall govern all disputes arising out of or related to these Rules or the interpretation,
performance or enforcement of these Rules. You agree to submit yourself to the jurisdiction of the
Federal or State courts located in Los Angeles County in any action, suit, or proceeding that may arise
out of or relate to these Rules, and such courts shall have exclusive jurisdiction over any such actions,
suits, and proceedings. Further, you agree that (1) any and all disputes, claims and causes of action
arising out of or connected with this Competition or any prize awarded shall be resolved individually,
without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited
to actual out‐of‐pocket costs incurred, including costs associated with entering this Competition, but in
no event attorneys' fees; and (3) under no circumstances will you be permitted to obtain awards for,
and you hereby waive 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. You further understand and agree that you shall have no
right to enjoin or restrain the development, production, advertising, promotion, distribution or
exploitation of the Competition, or any project of Bleeding Fingers or any of its parents, subsidiaries or
affiliates. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND
ISSUES ARISING OUT OF OR RELATING TO THESE RULES WHETHER SOUNDING IN CONTRACT OR TORT,
AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.