No Purchase necessary to enter or win.
- Eligibility: Download to Donate 3.0 (the “Contest”) is open to individuals or a group of individuals (each an “Entrant”) where all (i) are legal residents of the fifty (50) United States and the District of Columbia, (ii) are age 15 or over at the time of entry, and (iii) have not within the last one (1) year, signed or been bound by a recording or similar contract with a record company or other third party who represents more than one artist or band. An eligible minor should have a parent’s or legal guardian’s permission to enter. By submitting a Submission (defined in Section 5), Entrant (and, if an eligible minor, his/her parent or legal guardian) represents and warrants that there are no limits on the rights of the Entrant to participate in the Contest and perform as contemplated by these Official Rules, including any commitments to record labels or obligations under any other agreement.
Employees of Music for Relief, LLC, Machine Shop Marketing, LLC, Linkin Park Underground, LLC, Machine Shop Entertainment, LLC, Warner Bros. Records Inc., and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children and their respective spouses, regardless of where they reside) and household members of each such employee, whether or not related, are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
Sponsor: Music for Relief, LLC, PO Box 36915, 5350 Wilshire Blvd, Los Angeles, CA 90036.
3. Agreement to Official Rules: Participation in this Contest constitutes Entrant’s (and, if an eligible minor, his/her parent or legal guardian) full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Timing: The Contest begins on Aug 11, 2015 at 7:00 a.m. Pacific Time (“PT”), ends on November 1, 2015 at 11:59 p.m. PT (the “Contest Period”) and consists of three (3) phases as set forth in the chart below.
|Phase||Start Date and Time||End Date (at 11:59 p.m. PT)|
|I. Submission||Aug 11, 2015 (at 7:00 a.m. PT)||September 22, 2015|
|II. Voting||September 23, 2015 (at 12:00 a.m. PT)||October 15, 2015|
|III. Judging||October 16, 2015 (at 12:00 a.m. PT)||November 1, 2015|
Sponsor’s computer is the official time-keeping device for the Contest. Sponsor reserves the right to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing this Contest.
5. How to Enter: If a Submission was created by a group of Entrants, the Entrant submitting the Submission will be deemed acting on behalf of all such Entrants and he/she must have permission from all such Entrants to agree to these Official Rules and to the grant the rights set forth herein on behalf of those Entrants. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor. Failure to provide any such proof may result in disqualification.
During the Submission Phase as specified in Section 4 of these rules, visit www.DownloadtoDonate.org and follow the links and instructions to complete and submit the registration form, including artist/band name, and valid email address and a valid home address. Upon completion of the registration information, you can upload your song in one of two (2) ways.
1) Follow the directions to upload a link on SoundCloud to one (1) song that includes only the audio of your original song or piece of music. Audio links uploaded through SoundCloud must remain available on SoundCloud throughout the Contest Period. SoundCloud account is required and is free to establish.
2) Upload your song from your computer directly to the downloadtodonate.org website. Songs uploaded directly to downlodadtodonate.org must be in the following file formats: MP3, OGG and WAV only and must not exceed 20 mb.
Regardless of how song is uploaded, it is hereinafter referred to as a “Submission”.
In the event that a Submission contains an audio link that is not valid or cannot be found, that Submission will not be considered. By uploading your Submission, Entrant (and, if an eligible minor, his/her parent or legal guardian) agrees that Submission conforms to the Audio Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove Submission and disqualify Entrant from the Contest if it determines that Submission fails to conform to the Guidelines and Restrictions or is otherwise not in compliance with these Official Rules.
- The Submission must be in the form of a URL to your song on SoundCloud, or submitted by logging into SoundCloud using our portal;
- The Submission must only contain audio and have no video footage; artist/band name and logo images are permitted; and
- The Submission cannot have previously won a promotion of any kind or been otherwise available to the public at-large.
Submissions Uploaded to Contest Website
- The Submission must be uploaded to downloadtodonate.org in the file format MP3, OGG, .AIFF and WAV only;
- Submission must not exceed 20 MB;
- Submission must only contain audio and have no video footage. Artist/Band name and logo images are permitted; and
- Submission cannot have previously won a promotion of any kind or been otherwise available to the public at-large.
- The Submission must be produced and composed by the Entrant;
- The Submission, including any accompanying artist/band name and/or logos, must be the original work of Entrant, all rights to which must be owned solely by the Entrant, and may not infringe upon the copyrights, trademarks, rights of privacy, publicity, or any other intellectual property or legal or moral rights of any third party, living or deceased, including but not limited to names, logos, symbols, slogans, audio recordings, images that belong to others, images of other people, quotes from other people, or parodies of other people;
- The Submission must not disparage Sponsor or any other person or party affiliated with the Contest;
- The Submission must not contain brand names or trademarks other than those owned by Sponsor, which Entrant has a limited license to use to incorporate in his/her/its Submission in this Contest;
- The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
- The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Submission is created.
- Limit: Each Entrant may only upload one (1) Submission to the Contest. If an Entrant makes a Submission as a band or with another Entrant, he/she cannot then submit a solo Submission/. Eligible Entrants must submit the Submission in accordance with these Official Rules. No other method of submission will be accepted. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void.
In the event of a dispute as to any Submission, the authorized account holder of the email address used to register will be deemed to be the Entrant and must comply with these Official Rules. The “authorized account holder” is the natural person assigned an email address by an internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each Entrant may be required to show proof of being an authorized account holder.
- GRANT OF RIGHTS. Uploading a Submission constitutes Entrant’s consent to give Sponsor and its successors, assigns and licensees (collectively, “Licensed Parties”) a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, stream, perform, modify, publish, create derivative works from, and display such Submissions, in whole or in part, together with or without Entrant’s name, biographical information and/or image, on a worldwide basis, and to incorporate it into other works, in any form or manner, media or technology now known or hereafter developed throughout the universe, including for commercial, promotional or marketing purposes. If requested, Entrant (and, if an eligible minor, his/her parent or legal guardian) will sign any documentation that may be required for Licensed Parties to make use of the non-exclusive rights Entrant is granting for use of the Submission. Released Parties (as defined in Section 12, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.
Each Entrant (and, if an eligible minor, his/her parent or legal guardian) agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant’s decision to provide the Entrant’s Submission to Sponsor for purposes of the Contest, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between Sponsor and Entrant, does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Submission, and that the only contracts, express or implied, between Sponsor and Entrant are as set forth in these Official Rules and any release forms.
- Winner Determination: Winners will be determined according to the process set forth below.
a. Voting Phase: During the Voting Phase, Submissions will be posted online for public voting at downloadtodonate.org/submissions. Persons who meet the eligibility criteria as set forth in Section 1 will be invited to vote for the Submission they believe is best. Limit: Each person may vote one (1) time per day per Submission during the Voting Phase. Multiple votes received from any person or email address in excess of the stated number will be void. Any attempt by any Entrant or voter to obtain more than the stated number of votes by any fraudulent or inappropriate means, including without limitation, trading votes, offering prizes or other inducements to members of the public as determined by Sponsor in its sole discretion, by using any automated program, by using multiple/different email addresses, identities, registrations and logins, or any other methods, will void those votes for the Entrant’s Submission and Entrant may be disqualified as determined by Sponsor in its sole discretion. Subject to the Entrants’ compliance with these Official Rules, the thirty (30) Entrants whose Submissions receive the highest number of valid votes during the Voting Phase will be deemed the “Finalists”. In the event of a tie, Sponsor will choose the Entrant or Entrants to be included in the Finalists. The three (3) Entrants whose Submissions receive the highest number of valid votes during the voting phase will be deemed the “Elite Finalists.” Each Elite Finalist will receive a prize (as outlined below in PRIZES). Sponsor reserves the right, in its sole discretion, to select alternate Finalists should the voting appear to have been tampered with or manipulated in any way. Sponsor reserves the right to choose up to three (3) Submissions that did not receive the highest votes and add them to the Finalists, hereinafter referred to as “Wildcards”, or individually as a “Wildcard”).
- Judging Phase: During the Judging Phase, a panel of qualified judges selected by Sponsor in its sole discretion will select as few as ten (10) and as many as fifteen (15) from among all eligible Submissions from the Finalists, Elite Finalists and Wildcards (the “Winners”, individually a “Winner”) based on the following criteria (“Judging Criteria”):
- Originality of material (25%);
- Songwriting skills (25%);
- Sense of innovation (25%); and
- Quality of performance (25%).
In the event of a tie, the Finalist, Elite Finalist or Wildcard whose Submission received the highest score for “Songwriting skills,” as determined by the qualified judges, in their sole discretion, will be deemed a Winner. Sponsor reserves the right to select fewer than ten (10) Winners, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.
9. Winner Requirements: All members of Winner must be 15 years of age or older. Potential Winners (and, if eligible minors, their parents or legal guardians) will be notified by email or phone on or around November 3, 2015. Except where prohibited, each potential Winner, including Entrant and band members, if applicable, will be required to sign and return a Declaration of Compliance, Liability and Publicity Release, which must be received by Sponsor within forty-eight (48) hours of the date notice or attempted notice is sent, in order to claim the prize. If a potential Winner cannot be contacted, fails to execute and return the Declaration of Compliance, Liability and Publicity Release or provide any other requested information within the required time period, does not comply with these Official Rules, or prize is returned as undeliverable, potential Winner forfeits the prize. If a potential Winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion.
- Prizes: As few as ten (10) and as many as fifteen (15) Finalists, Elite Finalists and Wildcards will be deemed Winners. Each Winner will receive the opportunity for Winner’s song to be included on the Download to Donate album to be released digitally on or around November 20, 2015 by Warner Bros. Records for approximately Ten Dollars ($10), at least Eight Dollars ($8) of which will be a charitable donation to Sponsor for disaster relief. Approximate retail value: $0 /promotional and marketing value only.
Three (3) Elite Finalists will receive the following prizes:
- Elite Finalist with the most valid votes receives a Trip to Los Angeles to record at a professional Recording Studio (“Trip”). Trip includes the following: Round trip travel (economy class) to Los Angeles for up to four (4) people – dates are subject to availability and number of passengers depends on the number of people included in Entrant, up to two (2) rooms for up to four (4) guests for 1 one (1) night at a Hotel in West Hollywood, CA (three star or more) and up to six (6) hours of studio time at a professional recording studio in Los Angeles. Approximate retail value (“ARV”): $5,000. Ground transportation to and from airport in origin city and in Los Angeles, meals and other expenses not included.
- Elite Finalist with second most valid votes receives a Warner Bros Records Music Prize package including CDs, Vinyl Records and Boxed Sets from the Warner Music Catalog. ARV: $575.
- Elite Finalist with the third most valid votes receives one (1) Harmon Aura Speaker. ARV: $400.
Winners will not receive difference between actual and approximate retail value. Prizes are non-transferable and nonexchangeable. No substitution or cash redemption of the prize is permitted except that Sponsor retains the right to substitute a prize of comparable or greater value or to award no prize at all at Sponsor’s sole discretion. Winners are solely responsible for any and all federal, state and/or local taxes and all fees and expenses resulting from acceptance of any and all prizes associated with this Contest. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. All prize details are at Sponsor’s sole discretion. Limit one (1) prize per person.
- Publicity and Right’s Transfer: Acceptance of the prize shall constitute and signify each Winner’s (and, if an eligible minor, his/her parent or legal guardian) agreement and consent (except where prohibited by law) that Sponsor and its designees may use Winner’s Submission, name, city, state, likeness, voice, quotes, comments, biographical information, photograph and/or image, for all members of the Winner, and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised throughout the universe, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, each Winner (and, if an eligible minor, his/her parent or legal guardian) shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed throughout the universe, on a worldwide basis, in perpetuity. Each Winner (and, if an eligible minor, his/her parent or legal guardian) accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever regardless of the extent to which Sponsor chooses to refrain from any exploitation of its rights hereunder. Each winner will indemnify Sponsor, Released Parties (as defined in Section 12, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
- Release: By participating, Entrant (and, if an eligible minor, his/her parent or legal guardian) agrees to release and hold harmless the Sponsor, members of Linkin Park, Machine Shop Marketing, LLC, Machine Shop Entertainment, LLC, Warner Bros. Records Inc., SoundCloud, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
- ENTRANT REPRESENTATIONS, WARRANTIES, INDEMNIFICATION AND RELEASE. By entering, each Entrant (and, if an eligible minor, his/her parent or legal guardian) represents and warrants to Sponsor that (i) the music in his/her/its Submission is completely the original work of the Entrant and was created solely by the Entrant, (ii) the Submission is an original work and is not copied from any other source or previously released or otherwise distributed or disseminated in any media or format, and that the Entrant agrees to grant to Sponsor an unlimited, unrestricted right and license to use the Submission for all purposes in all media and as described herein, (iii) the Submission is not in the public domain, and (iv) the entry is not in violation of or conflict with the trademark, copyright, rights of privacy, rights of publicity or any other rights, of any kind or nature, of any other person or entity. Entrant agrees to defend and indemnify Sponsor and the Released Parties for any breach of the above representations. By submitting a Submission, each Entrant (and, if an eligible minor, his/her parent or legal guardian) agrees to indemnify, defend, release, discharge and hold harmless Released Parties from any and all claims and liabilities arising from or in connection with participation in this Contest, including without limitation (a) claims for injury, loss or damage of any kind resulting from participation in this Contest or acceptance or use of any prize and (b) claims based on rights of privacy, rights of publicity, false light, defamation, copyright and/or trademark infringement relating to the submission or exploitation of the Entrant’s concept.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- General TERMS AND Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it due to any act of God; unavoidable accident; epidemic; fire; blackout, act of public enemy; war, riot or civil commotion; enactment, rule, order or act of government or governmental instrumentality or tribunal; strike, lockout or other labor dispute; inclement weather; the recapture of any time period scheduled for the live broadcast of a program for an event of national importance or emergency; failure of technical facilities; failure of essential production, or technical personnel to appear or be available for production or broadcast; if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the Winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above or as otherwise deemed fair and appropriate by Sponsor. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions and/or votes. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
SPONSOR SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION, OR FUNCTION OF THIS CONTEST.
ALL DECISIONS BY SPONSOR ARE FINAL AND BINDING.
- 15. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the functionality of SoundCloud, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, delayed, misdirected, garbled, undeliverable, damaged or stolen Submissions, votes, email or mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt or use or misuse of any prize. Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission.
- Disputes: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court of California (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, and in no event attorneys’ fees; and (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
- Winner List: For a list of Winners, visit http://downloadtodonate.org/winners. The list of Winners will be posted after confirmation of the Winners is complete.
THIS CONTEST IS NOT SPONSORED BY OR AFFILIATED WITH SOUNDCLOUD.