NO PURCHASE NECESSARY TO ENTER THIS INITIATIVE AND/OR RECEIVE FUNDING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE REGISTRATION OR BONDING REQUIRED.
These Official Rules (the “Rules”) govern your participation in the EXCISION BASS MUSIC INITIATIVE (the “Initiative”). Participation in the Initiative constitutes your full and unconditional agreement to and acceptance of these Rules, so, it is important that you read and understand them.
1. Sponsors. The Initiative is sponsored and run by Apex Event Management, LLC, headquartered at 15821 Ventura Blvd., Suite 370 Encino, CA 91436 (the “Sponsor”).
2. Submission Period; How to Enter. To enter, complete the application located here at any time beginning at 12:00am PT May 11, 2022 and ending 11:59:59 PT May 21, 2022
3. Eligibility. The Initiative is offered only to natural persons residing in the United States, Canada, United Kingdom or Mexico at least 18 years of age and at least the age of majority in the person’s jurisdiction of residence as of the date of Application, who self identify as underrepresented and/or underprivileged. Employees, officers, and directors of Sponsor, their respective shareholders, representatives, subsidiaries, advertising, promotion and fulfillment agencies, and legal advisors (“Sponsor’s Parties”), and the immediate family members and persons living in the same household of such persons, are not eligible to participate in the Initiative. The Initiative is NOT open to residents outside of the United States, Canada, United Kingdom or Mexico.
4. Pre-Existing Material.
(a) As part of the Application, you will be asked to provide pre-existing material which may consist of musical compositions and/or sound recordings (the “Pre-Existing Material”). For the avoidance of doubt, the copyright and all other rights, title and interest in and to any sound recordings, underlying musical compositions and any other pre-existing materials remain vested in, and are owned and controlled by, you and/or other third parties. Any and all rights not expressly granted to you in these Rules are reserved by you and/or other third parties.
(b) All Applications including, without limitation, the Pre-Existing Material: (i) must be your original work; (ii) must not infringe or violate any third party’s rights or applicable laws or regulations; and (iii) must be appropriate for public dissemination. Elements added by you must not include any viruses, worms, spyware, Trojan horses, malware, or other computer programming routines that may damage or detrimentally interfere with any computer or other device. By submitting an Application, you represent and warrant that the content in your Application is created by you. IF YOU USE CONTENT THAT YOU ARE NOT AUTHORIZED TO USE, YOU ARE NOT ENTITLED TO ENTER THIS INITIATIVE AND YOUR APPLICATION WILL AUTOMATICALLY BE DISQUALIFIED BY THE SPONSOR AND NOT CONSIDERED BY THE JUDGES.
5. Qualification. You may submit more than one (1) Application, but each individual is only eligible for one (1) Funding, as defined below. To be eligible for Funding (described in Section 8), you must comply with all provisions of these Rules. Sponsor reserves the right to ask you for evidence of such compliance. Sponsor reserves the right to evaluate each Application’s eligibility under the Rules as well as for compliance with the U.S. Copyright Act and any and all other applicable laws. Applications may be disqualified from the Initiative at Sponsor’s sole discretion.
6. Ownership and License Grant.
(a) By entering this Initiative, you agree: (i) that Sponsor has the right to use your Application and your name, image, likeness and any other imagery submitted in connection with your Application including, without limitation, your logo, in any and all media in and in connection with promotion, publicity, marketing and advertising for and by Sponsor, and in connection with this Initiative or other promotions by Sponsors as Sponsor sees fit without any further notification or compensation to or of you; (ii) that Sponsor has no obligation (express or implied) to use any Applications in any manner and you will not be entitled to any damages or other relief by reason of Sponsor’s use or non-use of an Application; and (iii) to be bound by these Rules. The aforesaid right includes the right for Sponsor to authorize, license and sublicense the exercise of such rights to and by third parties. For purposes of clarification, Sponsor will not, under any circumstances, use your Pre-Existing Material without express authorization from you.
(b) By entering this Initiative, you agree to sign and deliver to Sponsor such documents as Sponsor may reasonably require to effectuate the rights and obligations granted in these Rules.
(a) After the end of the Submission Period, all Applications will first be reviewed by the Sponsor for qualification that the Applications do not violate these Rules. Sponsor may disqualify any Application that is, in Sponsor’s sole discretion, inappropriate, offensive or demeaning to Sponsor’s reputation or goodwill, or contrary to Sponsor’s mission or these Rules.
(b) Except for disqualified Applications, a representative of Sponsor or Sponsor’s designee will select ten (10) finalists (collectively, the “Finalists”). Finalists are in Sponsor’s or Sponsor’s designee’s sole discretion. Sponsor will judge Applications on the following bases:
(i) Quality of Mix & Clarity of All Elements
(ii) Volume of Work
(iii) Appeal of Music
(iv) Diversity of Styles and Sounds
(v) Artistic vision; and
(vi) Articulation of Funding goals
(c) All grading decisions are final. Once the grading of the Applications is complete, Sponsor will notify the Finalists via email or similar online message service using the information available to Sponsor on or after May 25, 2022 (the “Notification”).
8. Finalists and Funding.
(a) There will be ten (10) Finalists in total.
(b) No less than ten (10) business days after the Notification, each Finalist will be required to promptly execute and return a Finalist’s Declaration and Release form (as provided by Sponsor), tax documentation which may consist of a W9, and any other document reasonably required by Sponsor (the “Additional Documents”), within fourteen (14) days of date of issuance of notification. If a Finalist fails to respond within fourteen (14) days of the date of the notification, that Finalist will be disqualified. Sponsor may appoint an alternative Finalist at its sole discretion.
(c) Subject to each Finalist’s timely and satisfactory completion of the Additional Documents, each Finalist will receive an amount of ten thousand United States dollars ($10,000.00) (the “Funding”).
(d) All Funding expenses and/or services not specified herein are not included and are the sole responsibility of the Finalists. No alternative prize, cash equivalent, or other substitution is permitted except by Sponsor, at Sponsor’s sole discretion, in the event of Funding unavailability. Funding is nontransferable. All federal, provincial, state and/or local taxes are the sole responsibility of the Finalists.
9. Indemnification. By submitting an Application, you agree to indemnify, defend, and hold the Sponsor, its affiliates and their respective officers, directors, employees, dealers, agents, representatives, successors, and assigns and insurers harmless from any and all claims, causes of action, demands, damages, losses, costs, obligations, recoveries and deficiencies (including attorney’s fees and costs) which arise from or relate in any manner in whole or in part, to (a) any breach by you of the terms and conditions of these Rules, including any representations and warranties; (b) telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind; (c) any condition caused by events beyond Sponsor’s control that may cause the Initiative to be disrupted or corrupted; (d) any printing or typographical errors in any materials associated with the Initiative; and (e) any other losses, damages, rights, claims and actions of any kind in connection with or resulting from participation in the Initiative or acceptance of any prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy.
11. General Terms and Conditions. Sponsor may assign any of Sponsor’s rights hereunder, in whole or in part, to any person, firm, or corporation. You may not assign any of your obligations or rights hereunder. Sponsor reserves the right, in their sole discretion, to suspend or cancel Initiative at any time if a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the Initiative. Sponsor may revise these Rules at any time in their sole discretion by posting an updated version. Any Rules changes will be effective upon posting, and your continued participation in the Initiative after a change to these Rules constitutes your binding acceptance of these Rules. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, or the rights and obligations of participant and Sponsor in connection with the Initiative, will be governed by, and construed in accordance with the laws of the state of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the state of California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the state of California. The exclusive jurisdiction and venue of any action arising out of or related to this Agreement will be either the state or federal courts in Los Angeles, California, and you agree and submit to the personal and exclusive jurisdiction and venue of these courts. The Sponsor’s Parties are express third party beneficiaries of Section 11 of these Rules.
12. Relationship of the Parties. Nothing in these Rules will be deemed to create or establish an employment, agency, partnership or a joint venture relationship between you and Sponsor or Sponsor or any of their agents or employees, or any other legal arrangement that would impose liability upon one party for the failure to act of the other party. No party to these Rules may hold itself out contrary to the terms of this Section and neither Sponsor or Sponsors will be liable for any representation, act, or omission of the contrary to the provisions hereof.
13. Finalist List/ Rules. A copy of these Rules and a Finalists list may be obtained by sending an email request to [email protected]. Requests for Finalists list must be received by December 31, 2022.