Heir Apparent, Inc. ("Heir") owns and operates the web application known as xwave located at https://rap.xwave.fm ("xwave"). Heir is giving its end-users a chance to win prizes in the "Full Service Sessions with Fake Shore Drive" Contest (the “Contest”). This Contest is governed by these Rules, as well as by Heir’s Official General Contest Rules (“General Rules”). In the event of any inconsistency between these Rules and the General Rules, these Rules shall govern. Any individual who enters, attempts to enter or in any way participates or attempts to participate in the Contest (“Participant”) agrees to be bound by the terms and conditions provided in these Rules and to the extent applicable the General Rules, as well as by all interpretations of these Rules by Heir and by all other decisions of Heir which are final and binding in all matters relating to the Contest.
APPLICABLE LAW (VOID WHERE PROHIBITED):
The Contest is subject to and governed by applicable federal, state and local laws and regulations. Participation in this Contest is void where prohibited or otherwise restricted by law.
The sponsor of the Contest is Heir (“Sponsor”).
CONTEST CANCELLATION, SUSPENSION OR MODIFICATION:
Sponsor reserves the right to cancel, terminate, modify or suspend the Contest if it is not capable of being completed as planned for any reason, including, but not limited to, infection by computer virus, “bugs”, tampering, unauthorized intervention, fraud, or technical failures of any kind or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest. The decision of Sponsor to cancel, terminate, modify or suspend the Contest shall be final in all respects.
Geographical, Age and Parental Consent Requirements: The Contest is open to legal United States residents of the continental United States, but excluding residents of the State of Florida, who are physically located in the United States at the time of entry. Participants must be at least eighteen (18) years of age or older at the time of entry in order to participate in the Contest.
If a Participant has not reached the age of majority in the jurisdiction in which the Participant resides, but is at least eighteen (18) years years of age at the time of entry, they must obtain permission from their parent or legal guardian prior to entering the Contest. A Participant who has not reached the age of majority in the jurisdiction in which the Participant resides will not be declared an official Winner or awarded a Prize in the Contest without verification of parental consent and completion of winner documentation by a parent or legal guardian, if required.
Contest Entity and Immediate Family Member Ineligibility: The officers, directors, employees, contractors, and agents of Heir Apparent, Inc. and any other entity involved in the sponsorship, development, production, implementation and distribution of the Contest as well as their respective parents, affiliates, divisions, subsidiaries and successor companies (collectively the “Contest Entities”), and their immediate family members (and those living in the same household, whether or not related), are prohibited from participating in the Contest and do not qualify as Participants. “Immediate family members” shall include spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws”, or by current or past marriage, remarriage, adoption, cohabitation or other familial extension.
Past Prize Winners: Participants who have won a xwave contest in the last thirty (30) days or who have won prizes valued over $600 in the last twelve (12) months are ineligible.
Employer Restrictions: Participant is solely responsible for reviewing and understanding Participant’s employer’s policies regarding Participant’s eligibility to participate in contests. Participants may be disqualified from entering this Contest or receiving prizes if Participant is participating in this Contest in violation of his or her employer’s policies.
HOW TO ENTER:
For the music submission portion of the Contest, the entry period begins on January 13, 2021, at approximately 12:00:01PM Pacific Time (“PT”) and ends on February 19, 2021 at approximately 11:59:00AM PT (the “Music Submission Entry Period”). For the music curation portion of the Contest, the entry period begins on January 13, 2021, at approximately 12:00:01PM and ends on February 22, 2021 at approximately 11:59:00AM PT (the “Music Rating Entry Period”). Participants acknowledge that Sponsor also reserves the right, but not the obligation, to include music submissions in the Contest that were received by Sponsor through the xwave music submission process prior to the beginning of the applicable Entry Period. For purposes of the Contest, Pacific Time on any particular day shall mean the applicable local time in Los Angeles, California on that day. Heir's computer system is the official timekeeping device with respect to all matters relating to the Contest.
During the applicable Entry Period, eligible Participants can access the xwave web app by visiting rap.xwave.fm or through a link or button located at www.xwave.fm. Participants must create a xwave web appaccount or have previously created and log into a xwave web app account when prompted to either“Rate Music” or “Submit A Track.”
- To Rate Music: Participants who create or log into a previously created xwave web app account will be able to rate any track served to them by the xwave web app by following prompts to listen to a track and select an emoji (fire emoji, wrench emoji, or trash can emoji) that best expresses the Participant’s reaction to that track.
- To Submit Music: Participants who click or tap “Submit A Track” must follow the prompts to create or log into an account and submit a link to a public YouTube video or Soundcloud track containing Participant’s original music (the “Submission”). A fee of twenty dollars ($20) made through Stripe is required to complete the upload of each Submission. Following payment, eligible Submissions, distributed on a random basis, will be available along with all previously submitted tracks to be rated by Participants who choose to “Rate Music.”
Content Standards: Sponsor reserves the right to reject any Submission that the Sponsor in its sole discretion acting in good faith determine to violate contemporary standards for the genre including content that Sponsor concludes is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, violent, or that encourages conduct that would be considered a criminal offense, any Submission that could give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable, contains any advertisement or solicitation for business, or is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless the Participant is the owner of such rights, has all permissions from the rightful owner(s) of such rights, including those who appear in any video uploaded, to submit the Materials (as defined below), and to grant Sponsor all of the License rights below.
Original Content; Ownership: Each Participant, by participating in the Contest, represents and warrants that they are the exclusive owner of the copyright and all other proprietary rights in their Submission. Participant further represents and warrants that they are the sole creator and owner of the Submission, including any music or music video included therein, and they have the full legal right, power, and authority to grant to any third party the right to use, reproduce, distribute, perform and display the Submission; they own or control the complete exhibition and other rights to the Submission for the purposes contemplated in the License below; and the Materials (as hereinafter defined) or any use thereof, do not violate any law and do not infringe upon or violate the rights of any person (including, without limitation, contractual rights, copyrights, trademarks, rights of publicity and rights of privacy). “Materials,” as used in these Rules, means any and all information, content, and data, including but not limited to the Submission, provided by the Participant to enter the Contest. Sponsor;s acceptance and/or utilization of the Materials hereunder shall not constitute a waiver of Participant’s representations, warranties or agreements in respect thereof, or a waiver of any of Sponsor's rights or remedies. All Submissions must have appropriate clearances, permissions and releases PRIOR to uploading or may be eliminated from the Contest. Any track submissions must be original material. Any unauthorized samples or performances of another artist’s material could be subject to fines, royalty fees, and/or legal action for which Participant agrees to indemnify, defend and hold Sponsor harmless. Sponsor may stream any Submission on-demand on Sponsor's or their affiliates’ websites. Participant agrees that Sponsor is not responsible for paying any internet or other music royalties on any Submission.
License: By participating in the Contest, Participant irrevocably grants to Sponsor the perpetual right, without any liability to any person or entity, to reproduce, adapt, modify, transmit, distribute, communicate, make available, display and otherwise use the Submission and Materials throughout the universe in any medium and in any manner, now or hereafter known, including, without limitation, if applicable, radio and television broadcasts, and cable and satellite transmissions, without any additional notification, approval, consent or payment of any compensation to Participant in connection with this or any future Contest or any of Sponsor's products, services or business interests.
False Fraudulent or Deceptive Entries or Acts: Participants who, in the view of Sponsor, in their sole discretion, provide false, fraudulent or deceptive information or entries or who engage in false, fraudulent or deceptive acts in connection with the Contest, including creating and participating through multiple accounts, will be disqualified and subject to criminal prosecution.
Entry Limits: A Participant may choose to both Rate Music and Submit A Track once logged into an account. There are no limits on the number of tracks a Participant can submit, the number of tracks a Participant can rate or the number of times a Participant can rate the same track. However, tracks are presented to be rated on a random basis by the xwave web app and can only be rated when presented to the Participant by the app.
PARTICIPATION PROBLEM DISCLAIMER:
Even if alleged to be caused by the sole or partial negligence of the Sponsor, the Sponsor is not responsible for any problems which affect or result from participation or attempted participation in the Contest, including, but not limited to the following:
- Incorrect, incomplete or inaccurate entry information;
- Human errors;
- Failures, omissions, interruptions, deletions or defects of any wireless network, telephone network, internet service, computer systems, servers, utility providers, or software;
- Inability to make a Submission or Rate a track;
- Identity theft;
- Tampering, destruction or unauthorized access to, or alteration of, entries or computer data;
- Network hackers or other unauthorized access to Sponsor's computer network;
- Data that is processed late or incorrectly or is incomplete or lost due to wireless network, telephone network, computer or electronic malfunction or traffic congestion on wireless or telephone networks;
- Printing errors;
- Equipment malfunctions; and
- Late, misdirected, lost, misplaced, illegible, mutilated or postage-due entries or winner notifications.
Participants Who Submit Music: One (1) Official Grand Prize Winner will receive a prize which includes the following: one or more mentoring session(s) with one or more representatives from Fake Shore Drive, including Andrew Barber, for advice on production, creative direction, promotion and distribution of the Grand Prize Winner's music for streaming. The approximate total retail value of the Grand Prize package is Five Thousand Dollars ($5,000.00).
Participants Who Rate Music ("Tastemakers"): Three (3) Tastemakers declared the Official Tastemakers Winners will each win a Fake Shore Drive-branded skateboard deck.
No transfer, assignment or substitution of a prize is permitted, except Heir reserves the right to substitute a prize for an item of equal or greater value in the event an advertised prize is unavailable. Any difference between the actual value and the approximate retail value of any prize will not be awarded. No substitution or cash equivalent will be made.
Participant prize-winners are solely responsible for determining and paying all federal, state and local taxes (including any sales taxes). Any person winning over $600 in Heir contest prizes during any one-year period will receive an IRS Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.
Participants Who Submit Music:Once uploaded to the xwave web app, Submissions along with all previously submitted tracks will be randomly distributed to be rated by Tastemakers who will select an emoji (fire emoji, wrench emoji, or trash can emoji) that best reflects the Tastemakers’ reaction to that Submission. Tastemakers should base their rating on overall music quality. Tracks will appear on a Leaderboard based upon their ranking within the xwave web app's scoring system, which assigns each track 100 points for each fire emoji, 50 points for each wrench emoji and 0 points for each trash can emoji and calculates an overall average score taking ratings into account. Submission points are only calculated and distributed to the Submission through the xwave web app scoring system once the Submission receives a minimum number of Tastemaker ratings, as established by Heir in its sole and absolute discretion.
At the conclusion of the Music Rating Entry Period, the top twenty (20) tracks on the Leaderboard that were submitted before the conclusion of the Music Submission Entry Period will then be judged by a panel comprised of three (3) judges (the “Panel Judges”). In the unlikely event of a tie for the twentieth (20th) spot on the Leaderboard at the conclusion of the Music Rating Entry Period, the tracks tied for the twentieth (20th) spot on the Leaderboard will advance to the Panel Judging Phase of the Contest. The Panel Judges will include: 2 members of the Heir team and one (1) representative from Fake Shore Drive. The Panel Judges will base their ratings on the following criteria: lyrics, production, star quality, and flow. The track receiving the highest overall combined score by the Panel Judges will be the unofficial Grand Prize winner, subject to verification. In the unlikely event of a tie for the highest overall combined score by the Panel Judges, the track that had the highest Leaderboard ranking going into the Panel Judging Phase shall be the Contest grand prize winner. In the further unlikely event that there was also a tie between the scores for these tied tracks on the Leaderboard at the conclusion of the Music Rating Entry Period, the Participant who first submitted the track before the conclusion of the Music Submission Entry Period shall be the Contest grand prize winner. The Grand Prize winner will be notified by direct message, email, or phone call, on or about February 28, 2021.
Participants Who Rate Music: Tastemakers will be ranked on the Tastemaker Leaderboard by acquiring the most points, gained by rating tracks and their ability to rate tracks consistently with the majority of other Tastemakers. Tastemakers will receive one (1) point for each track the Tastemaker rates. In addition, subject to the xwave web app scoring system, the Tastemaker will receive an additional five (5) points for the rating, if the Tastemaker’s rating of that track (i.e., that the track is “hot” (fire emoji), “not hot” (trash can emoji), or “needs work” (wrench emoji)) is consistent with the majority opinion of the other Tastemakers rating that track. The Tastemaker’s points are calculated when a track receives the minimum number of Tastemaker ratings, as established by Heir, and will update dynamically throughout the Music Rating Entry Period. The top Tastemaker on the Tastemaker Leaderboard as of January 22, 2021; February 5, 2021 and February 22, 2021 at approximately 11:59AM PT on each such date (each, a "Tastemaker Award Date"), who have completed at least 100 ratings, upon completing the requirements to claim their prize will win a Tastemaker’s prize. In the unlikely event of a tie for the top position on the Tastemaker Leaderboard on a Tastemaker Award Date, the Tastemaker that rated the most tracks during the Contest will be the winner. The Tastemaker winner will be notified by direct message, email, or phone call, on or about February 28, 2021.
Winner Verification:Prior to being declared an Official Winner, the unofficial winning Participants will receive notification by email to the address associated with the account through which the track was submitted and must complete the verification steps within the time set forth in that winner notification, including: (1) executing an Affidavit of Eligibility, Release of Liability, Indemnification and Publicity Release Agreement and a completed IRS W-9; (2) providing a valid government-issued photo identification depicting proof of age; and (3) providing a valid taxpayer identification number or social security number. The social security number will be used for tax-reporting purposes. Sponsor reserve the right to disqualify an unofficial winner that fails to comply with the verification steps in the timeframe provided and to select a substitute unofficial winning Participant in the same manner as the original official winner was selected before any prize is awarded. By entering the Contest, Participant agrees to execute these documents if selected as an unofficial winner. Except where prohibited by law, failure to execute any of these documents or comply with any of these terms will result in forfeiture of the prize. If a Participant who has not reached the age of majority in the jurisdiction in which the Participant resides is selected as an unofficial winner, a parent or guardian must comply with these winner verification requirements on behalf of the Participant before the Participant can be declared an official Winner and the prize awarded.
Claiming the Prize:Sponsor has the right in their sole discretion to mail the prize to the winners. The winners will initially be sent the required releases and prize claim forms. Winner is required to first sign the required forms and then email a photograph of each signed release and prize claim form to Sponsor. Alternatively, a winner may mail all the required signed forms and releases to Heir at Attn: Official Full Service Session with Fake Shore Drive Contest, 325 N. Larchmont Boulevard, Suite 300, Los Angeles, CA 90004. Participants acknowledge that any postal service mailing of the release forms to Heir may significantly delay the mailing of a prize. After receipt of all signed required releases and claim forms, Sponsor will mail the prize to the winner. Failure by the winner to return all completed forms and releases within seven (7) business days of receipt of the forms may lead to forfeiture of the prize in Sponsor's sole discretion. Heir reserves the right, in its sole discretion, to award unclaimed prizes to alternate contestants or not to award the unclaimed prizes. Additionally, in the event the prize is mailed to the winner, the winner assumes the risk of the prize’s safe arrival. Sponsor may elect to change the method by which the winner claims the prize. Should Sponsor change the method by which a winner claims the prize, Sponsor shall promptly inform the winner of the new prize claim process.
Additional Costs:Any costs relating to the prizes are the sole responsibility of the winner.
WARRANTIES AND REPRESENTATIONS:
By entering and participating in the Contest, and in consideration thereof, each Participant individually warrants and represents to Sponsor that: (i) they meet the residency and age requirements at the time of entry; (ii) they will be bound by these Rules and the General Rules, and by all applicable laws and regulations, and the decisions of the Sponsor; (iii) they waive any rights to claim ambiguity with respect to these Rules and the General Rules; (iv) they are the sole creator and owner of the Submission, including any music or music video included therein, and they have the full legal right, power, and authority to grant to the Sponsor the license provided for in these Rules; (v) they own or control the complete exhibition and other rights to the Submission for the purposes contemplated in the license; and (vi) the Materials (as hereinafter defined) or any use thereof, shall not violate any law and shall not infringe upon or violate the rights of any person (including, without limitation, contractual rights, copyrights, trademarks, rights of publicity and rights of privacy). “Materials,” as used in this subsection, means any and all information, content, and data, including but not limited to the Submission, provided by the Participant to enter the Contest. Sponsor's acceptance and/or utilization of the Materials hereunder shall not constitute a waiver of Participant’s representations, warranties or agreements in respect thereof, or a waiver of any of Sponsor’s rights or remedies.
RELEASE OF LIABILITY AND INDEMNIFICATION:
As consideration for entering the Contest, all Participants agree to RELEASE, DISCHARGE AND COVENANT NOT TO SUE Heir Apparent, Inc., Fake Shore Drive, Andrew Barber, the other Contest Entities (as described above) and each of their respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the “Released Parties”), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage, including infringement of intellectual property rights, arising out of, involving or relating to their participation in the Contest, their Submission or the Materials, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Additionally, as consideration for entering the Contest, all Participants agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage, including infringement of intellectual property rights, arising out of, involving or relating to their participation in the Contest, their Submission, the Materials, or for their failure to comply with the terms of the above release provision. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Furthermore, Participant expressly waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of the State of California, and does so understanding and acknowledging the significance and consequence of such specific waiver of Section 1542. Section 1542 of the Civil Code of the State of California states:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Thus, notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of the Released Parties, Participant expressly acknowledges that this release is intended to include, in its effect, without limitation, all claims which Participant does not know or suspect to exist in Participant’s favor at the time of execution hereof, and that this release contemplates the extinguishment of any such claim or claims. Participant acknowledges and agrees that this general release is specifically intended to be as broad and comprehensive as permitted by California law.
This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram or any other social media platform. By submission of an entry, Participant releases Facebook, Twitter, Instagram, and any other social media platform from any responsibility or liability for the Contest’s administration, prizes or promotion. You are providing entry information to the Sponsor and not to Facebook, Twitter, Instagram, or any other social media platform.
Unless prohibited by applicable law, Participant authorizes and irrevocably grants to Heir and the other Released Parties (as defined above) permission to, from time to time, reference and discuss Participant and their participation in the Contest on their website(s) in photographs, video recordings, digital images, audio recordings, as well as in publications, newsletters, news releases, other printed materials, and in materials made available on the Internet or in other media now known or hereafter developed. Such reference and discussion may involve Participant’s name and voice, and other personal/biographical material or their participation.
All participants agree to be bound by these Rules. Non-compliance with any of these Rules will result in disqualification and all privileges as a Participant will be immediately terminated. Sponsor, in its sole discretion, further reserve the right to disqualify any person for: (i) tampering with the entry process or the operation of the Contest; (ii) gaining an unfair advantage in participating in the Contest; (iii) obtaining winner status using false, fraudulent or deceptive means; or (iv) engaging in otherwise unsportsmanlike, disruptive, annoying, harassing, or threatening behavior.
CAUTION: ANY ATTEMPT BY ANY PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF ANY CONTEST, TELEPHONE SYSTEMS OR WEB SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
RULES CHANGES AND INTERPRETATIONS:
Sponsor reserveS the right in its sole discretion to supplement or make changes to these Rules as well as the rules of any Heir contest at any time without notice. Sponsor reserves the right in its sole discretion to interpret the rules of this Contest, and such interpretation shall be binding upon all Participants.
AGREEMENT TO ARBITRATE:
To the fullest extent permitted by law, by participating in the Contest, Participant understands and agrees that:
- the Federal Arbitration Act applies to this agreement, and if the parties are unable to resolve their dispute amicably, it shall be resolved by means of binding arbitration (not in a court of law);
- any and all disputes, claims, and causes of action arising out of or in connection with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action (even if the rules and procedures of the arbitration tribunal allow class arbitrations);
- 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 and under no circumstances will Participants be permitted to obtain awards for attorneys’ fees, and Participants hereby waive all rights to claim punitive, incidental, or consequential damages, or any other form of damages, other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased;
- any claim or dispute regarding the Contest or these Official Rules will be resolved pursuant to the laws of California, without regard to the conflicts of laws and rules of California;
- any claim or dispute regarding the Contest or these Official Rules will be resolved in a tribunal within the state of California, and Participants submit to the jurisdiction of, and waive all objections to the jurisdiction or venue of, such tribunal; and
- if for any reason a claim or dispute regarding the Contest or these Rules proceeds in court rather than through arbitration, there will not be a jury trial.
The invalidity or unenforceability of any provision of these Rules, including but not limited to the agreement to arbitrate, shall not affect the validity or enforceability of any other provision. If any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained herein.
GENERAL RULES/LIST OF WINNERS:
Copies of these Rules and/or the General Rules may be obtained by sending a self-addressed stamped envelope to: Full Service Sessions with Fake Shore Drive Contest Rules and/or Official Contest General Contest Rules, 325 N. Larchmont Boulevard, Suite 300, Los Angeles, CA 90004. These Rules and the General Rules may also be found at www.xwave.fm.
For a list of any Contest winners send a self-addressed, stamped envelope to: Fake Shore Drive Contest Rules, 325 N. Larchmont Boulevard, Suite 300, Los Angeles, CA 90004.
Heir Apparent, Inc.
325 N. Larchmont Boulevard, Suite 300
Los Angeles, CA 90004