Terms and Conditions for the contest, “Millennial Show”
This contest titled, “Millennial Show” (“Contest”) is developed in collaboration between Smule Inc. (“Smule”) and Nupur Sangg Geet Entertainment LLP (“NSGEL”). The participation in this contest shall be subject to the following terms and conditions (“T&Cs”). If a participant does not agree with the T&Cs, the participant is requested not to participate in the contest. Participation in the Contest shall be deemed as acceptance of the T&Cs by the participant.
In order to participate in this contest, the participant should:
- be an Indian citizen;
- be of 18 years of age and above;
- competent to enter into a valid and binding contract;
- download the Smule mobile application on [*] (“Smule App”);
- follow these T&Cs.
TERM FOR PARTICIPATION:
The participation in the Contest is open to the users of Smule App (“Participants”) from 16th April, 2020 and will end on such date as may be communicated by “NSGEL”. ”NSGEL” reserves the right to revise this period at its sole discretion.
- Participants are required to go on the Smule mobile application and click on the Contest banner wherein the details of the contest will be displayed. In case the Participants miss the Contest banner, the Participant may also find the Contest banner on top of the songbook page;
- The contest consists of 3 rounds of selection. At the end of Round 1, the Top 50 singers (males and females put together) would be selected. At the end of Round 2, the list would be shortened to Top 10 (male and female singers put together). At the end of Round 3, one male singer and one female singer would be selected by the honorable jury.
- Participants are required to select one song from a list of choices and record their performance using the Smule app. The participant may record multiple times but the final recording link has to be posted on the website of Nupur Sangg Geet Entertainment LLP (“NSGEL”) namely https:\\www.sanggeet.com. The details on the form has to be filled up by the participant and the link of the recording has to be pasted in the appropriate box.
- If selected in Round 1, the participant would be required to choose from a different set of songs and repeat the same procedure as above for Round 2 and thereafter for Round 3. In all the 3 Rounds, the participant would be required to fill the form on the website https:\\www.sanggeet.com and paste the link of the recording of the song
- The list of songs will be displayed on the contest banner at the start of each round. Participants are required to choose any one of the listed songs for that specific round
- The duration of each round would be mentioned clearly mentioned in the contest banner. For illustration purposes, if Round 1 challenge is posted on 16th April, 2020, the end date could be 16th April, 2020. Participants may post Participant Videos till 24th April, 2020 till 11.59PM. Entries after the deadline will not be allowed and the Round would expire. Similar deadlines will be set for each Round and will be displayed clearly on the contest banner.
- The Participant Video will be in the form of SOLO karaoke only. Participants may post multiple Participant Videos, however, the final uploaded Participant Video will be considered.
- The honorable jury will declare their favorite contestant / winner of the Participant Video and the decision of the jury /”NSGEL” shall be final and binding. The jury may also, from time to time give out recognitions and acknowledgements for good performances.
- The finale winners of the Participant Video may get an opportunity to feature in a music video. However, “NSGEL” reserves the right in its sole discretion to not create the Music Video without any prior notice to the Participant.
- The Participants may be required to take part in reasonable post Contest publicity in a manner required by “NSGEL” or any third party authorized by the “NSGEL”.
- The winners may be filmed, photographed or otherwise recorded for publicity. By participating in the Show, the Participant waives all copyrights, rights of publicity and any related rights and consents “NSGEL” or any third party authorized by the “NSGEL” to have the right to picture, record audio-video, tape or portray him/her as a participant/ winner, and to exhibit this material in any and all media now existing or hereinafter created, including without limitation television, film, radio and print media, without any compensation whatsoever for advertising and publicity purposes.
- The Participants hereby grants to “NSGEL” an unrestricted, assignable, sub licensable, royalty-free worldwide license to exploit, edit, combine and use the Participant Video by any means, for the purposes including but not limited to: (i) advertising, marketing, and promoting Show; (ii) displaying and sharing the Participant Video. The Participants further grant “NSGEL” a royalty-free license to use Participants’ name, image, performance in the Participant Video or in relation to the Show, voice, and likeness to identify the Participant as the source of Participant’s Video including the fact of participation by the Participants. To the greatest extent permitted by law and the license granted herein is irrevocable. The Participants further grant to “NSGEL” the right to reproduce, distribute, publicly display, publicly perform, make available, create derivative works from, and otherwise, combine with other content and/or exploit any or all of Participant Video. For the avoidance of doubt, the rights granted herein include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings) and publicly perform and communicate sound recordings (and the musical works embodied therein) to the public, unconditionally. The Participants hereby unconditionally and irrevocably waives any moral rights in or to the Participant Video and all rights to object to treatment of the Participant Video.
- The Participant hereby assigns, transfers, conveys, grants all rights, title and interest including rights in any form of intellectual property, performer’s rights (including rights set out in Sections 38, 38A, 38B, 39A of the Copyright Act, 1957) , copyright and rights in any form of exploitation in and to the Participant Video for all territories of the world in perpetuity to “NSGEL” .
- “NSGEL” is not responsible for any errors or omissions in the terms and conditions contained herein. All information provided in the Contest is provided “As is” without warranty of any kind. “NSGEL” makes no representations and disclaims all express, implied, and statutory warranties of any kind to the Participant and/or any third party including, without limitation, warranties as to accuracy, timelines, completeness, merchantability, or fitness for any particular purpose.
- Participants shall upload the Participant Video solely at their own discretion and “NSGEL” hereby disclaims all liabilities with respect to the same;
- “NSGEL” and Smule reserves the right to take down any Participant Video for any reason whatsoever;
- “NSGEL” reserves the right to edit, publish and share the Participant Video, across all “NSGEL” and Smule properties;
- “NSGEL” and the Honorable jury reserve the right to comment, react on the Participant Video and record/ broadcast such reactions;
- The Participants, who are selected as winners for featuring in the Music Video, will be responsible for their respective travel, boarding and lodging. The creative control with respect to the Contest including the Music Video is solely reserved by “NSGEL”.
- Objectionable Content. The Participant agrees not to upload any Participant Video that could be interpreted in “NSGEL” ’s sole discretion to be (i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, or vulgar, (ii) in violation of any applicable laws, (iii) putting other Participant’s/ User’s data privacy and security at risk; (iv) promoting any product, good or service; (v) promoting bigotry, discrimination, hatred, intolerance, or racism; or (vi) inciting violence (collectively, “Objectionable Content“). The posting of any Objectionable Content may subject you to third-party claims. “NSGEL” shall in its sole discretion may take any actions it deems necessary and/or appropriate against any Participant who posts Objectionable Content, including, without limitation, warning the Participant, removing all of the Participant’s Video, and/or reporting the Participant to law enforcement authorities, either directly or indirectly.
- The Participant shall ensure that the Participant Video is in compliance with Information Technology Act, 2000 and the rules thereunder.
- “NSGEL” reserves all rights to amend/ uphold any policy/ rules of this Contest without any prior notice.
- If a Participant is observed to be in non-compliance with applicable laws, “NSGEL” shall have the right to take legal action against such Participant. In the event a Participant is found or suspected to be defrauding the systems of the Contest in any manner, such Participant shall be debarred and “NSGEL” shall reserve the right to take action.
- The Participant confirms and acknowledges that he/she has read, understood and agree to conform to these T&C.
- “NSGEL” and/or Smule does not make any commitment, express or implied, to respond to any feedback, suggestion and, or, queries of the Participants or furnish any reason or explanation for the rules of the Show.
- Any Participant providing any incorrect information or concealing/withholding any information from “NSGEL” with intent to participate and/or be chosen as the Winners will automatically be disqualified.
- In no event, the entire liability of “NSGEL” for any dispute arising in connection with the Contest shall exceed INR 5000/-. “NSGEL” in no event shall be liable for any incidental, consequential and financial losses/damages in any event whatsoever.
- Participant shall defend indemnify and hold harmless “NSGEL” and its officers, directors, employees, customers, affiliates and agents harmless from and against any and all claims, losses, suits, proceedings, action, liabilities, damages, expenses and costs (including attorney’s fees and court costs) which “NSGEL” may incur, pay or become responsible for as a result of breach or alleged breach of Participant’s representations or obligations or terms of the T&Cs, fraud, misuse of Smule App, any failure by the Participant to comply with applicable law and any third party claim in respect of misuse of any information of a third party. “NSGEL” and/or Smule reserves the right to bar/ discontinue access of the Smule App by a participant, if in the discretion of “NSGEL” , such participant commits/ threatens to commit a fraud and/or makes a misrepresentation.
- The participation in this Contest is purely voluntary. “NSGEL” and or Smule shall not be responsible and/or liable with respect to any disrepute caused to the Participant due to his/her participation in the Show.
- “NSGEL” reserves the right to modify the T&Cs at any time without any prior notice.
- The winners may be required to enter into additional agreement or provide any documentation as may be required by “NSGEL” for the purpose of the Music Video.
- The creation of the Music Video shall be at the sole discretion of “NSGEL”.
No queries/complaints whatsoever in this regard will be entertained.
- Participant expressly understand and agree that the “NSGEL” shall not be liable or responsible in any manner for: (1) entries, uploads and communication to winners notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (2) any electronic miscommunications, utility or communication failures, failure/crash of any technical hardware or app or software. (3) failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant’s ability to participate in the Show; (4) any technical malfunctions of the telephone network, computer online system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile device related to or in connection with this Show.
- This document shall be governed by, subject to and construed in accordance with the laws of India.