OFFICIAL RULES

Bomb Pop Middles® Summer Jams Contest is open from June 1, 2020 12 a.m. EST to June 28, 2020 at 11:59 p.m. EST.

The Guide

Bomb Pop Middles® Summer Jams Contest

NO PURCHASE IS NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. BY ENTERING, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF SOUNDCLOUD AND THE JUDGES, WHICH SHALL BE FINAL IN ALL RESPECTS.

CONTEST PERIODS: The Bomb Pop Middles Summer Jams Contest (“Contest”) entry submission period starts on June 1, 2020, at 12:00am ET and ends on June 28, 2020, at 11:59 pm ET ("Entry Period") and will be followed by a public voting period that starts on July 2, 2020, at 12:00am ET and ends on July 17, 2020, at 11:59 pm ET (“Public Voting Period”).

ELIGIBILITY:

The Contest is open only to legal residents of the 50 United States, including the District of Columbia, who are thirteen (13) years of age or older as of the date of entry and have a current, valid account on SoundCloud as of the date of entry and through the completion of the Contest, and are not members of any music or artist union or guild or are currently signed to a music recording contract or publishing deal. An eligible minor must have a parent’s or legal guardian’s permission to participate. Employees of SoundCloud, Inc. ("Sponsor") and Wells Enterprise (collectively, “Contest Parties”) and their parents, subsidiaries, affiliates, and advertising and promotion agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Void where prohibited by law. The contest is subject to all applicable federal, state, and local laws. By participating, each entrant (“Entrant”) (and, if an eligible minor, his/her parent or legal guardian) agrees to abide by these Official Rules and decisions of Sponsor and the Judges, which shall be final and binding in all respects relating to this Contest.

HOW TO ENTER

To enter the Contest during the Entry Period, Entrant must:

  1. Visit the Bomb Pop Middles® Contest page located at https://contest.soundcloud.com/bombpopmiddles (“Contest Website”);

  2. Download at least one Bomb Pop Middles® stem file from the folder labeled “Bomb Pop Sound FX” (each such stem, a “Bomb Pop Middles® Stem”) within the stem file kit available on the Contest Website (“Stem Kit”). All other stem files available in the Stem Kit are optional and free to use;

  3. Incorporate at least one (1) Bomb Pop Middles® Stem in a recording of an original track written, composed, performed, and owned by Entrant (and any collaborators, as applicable) (“Song”);

  4. Follow the instructions outlined on the Contest Website to submit the online entry form with all required information and upload the Song (each submission, an “Entry”).


There is no limit to the number of Entries an Entrant may submit, but all Entries must be unique and meet all criteria set forth in these Official Rules to be eligible. If collaborating, only the person submitting the Entry will be deemed the Entrant. All Entrants must have a SoundCloud account and it must be set to public to enter. If Entrant does not have a SoundCloud account, establishing an account at soundcloud.com is free. All applicable SoundCloud terms apply. Uploading an Entry shall constitute Entrant’s agreement to these Official Rules.


Sponsor reserves the right to allow for minor deviations from the guidelines and restrictions set forth herein, based on clear intent to comply with these Official Rules, as determined by Sponsor in its sole discretion. All Entries become the sole property of the Sponsor and will not be returned.

CONTENT RESTRICTIONS

Entry may not contain, as determined by Sponsor in its sole discretion, any content that:

  • is sexually explicit or suggestive, violent or derogatory, profane or pornographic;
  • promotes alcohol, illegal drugs, tobacco, firearms/weapons (or use of any of the foregoing);
  • promotes any activities that are unsafe or dangerous;
  • promotes any particular political agenda or message;
  • is obscene or offensive;
  • endorses any form of hate or hate group;
  • defames, misrepresents or contains disparaging remarks about Sponsor, its products or services, or other people or companies;
  • contains materials embodying the names, likenesses, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
  • communicates messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and/or
  • violates any law or regulation.


By submitting an Entry, Entrant (and, if an eligible minor, his/her parent or legal guardian) represents and warrants that the Entry conforms to these Official Rules and understands that Sponsor, in its sole discretion, may disqualify the Entry for any reason, including if it determines, in its sole discretion, that the Entry fails to conform to these Official Rules in any way or otherwise contains unacceptable content as determined by Sponsor, in its sole discretion.


SONG REPRESENTATIONS AND WARRANTIES:

Entrant (and, if an eligible minor, his/her parent or legal guardian) hereby represent and warrant that: (a) subject to any assignments and grant of rights herein, Entrant owns and/or controls 100% of the copyright in the lyrics and composition of the Song, and the sole and unencumbered right to grant the rights granted to Sponsor under this Contest; (b) the Song is completely original and will not violate, conflict with, or infringe upon any rights of any nature whatsoever of any entity or individual, or cause Sponsor to incur any fees; (c) no assignment has been or will be made of any of the rights to the Song; (d) Entrant is not under any recording or publishing agreement or a member of any union having jurisdiction (if any) over the creation, recording or use of the Song, including, without limitation, music publishers; and (e) Entrant agrees to execute any and all documents necessary to grant the rights to the Song set forth in these Official Rules.

USE OF ENTRIES /PUBLICITY GRANT

Entrant will own all rights in and to the Song; however, by submitting an Entry, Entrant (and, if an eligible minor, Entrant’s parent or legal guardian) hereby grants to Sponsor and its designees, successors and assigns a nonexclusive license to edit, modify, reproduce, distribute, display, publicly perform, create derivative works based upon, or otherwise exploit the Entry (including the Song or any other musical composition embedded therein), together or separate from Entrant’s name, image or likeness, voice and/or performance, in any manner or media now known or hereafter devised throughout the world in perpetuity, for all legal purposes, including commercial, advertising, promotional and other purposes, without further compensation, notification or permission to Entrant or any third party. Entrant acknowledges and agrees that his/her entry may be posted, without limitation, on, Sponsor's websites and social media pages (e.g., Facebook and Twitter), and be available to be viewed by anyone with access to the internet. Entrant agrees that Contest Parties are not responsible for any unauthorized use of Entries by third parties. Sponsor has no obligation to make use of the rights granted herein. By entering this Contest, Entrants give their express permission to be contacted by Sponsor or its designated agents by email for contest administration purposes only.

WINNER DETERMINATION

(A) Round 1: Contest Entry Judging Period to Determine Finalists: 

All eligible Entries received during the Entry Period will be judged by a panel of qualified judges, selected by Sponsor in its sole discretion, on the following criteria, with each criterion being weighted equally: Originality and Creativity, Musial Skill and Talent, and Overall Appeal (“Judging Criteria”). The five (5) Entries with the highest scores will be deemed potential “Finalists” and advance to Round 2: Public Voting Period. In the event of a tie, a separate tie-breaking judge or judging panel determined by Sponsor at Sponsor's sole discretion will re-judge the tied Entries based on the above Judging Criteria. All decisions of the Sponsor and judges are final and binding. The sponsor will not reveal the judging scores for any Entry.

Potential Finalists will be determined on or about 7/1/20 and will be notified by telephone and/or email. Potential finalists will be required to execute and return an affidavit of eligibility, liability and (where legal) publicity release ("Release") within twenty-four (24) hours of the date/time of issuance of notification. Entrants agree that an electronic signature shall have the same legal force and effect as a hand-signed document. Sponsor reserves the right to advance fewer than five (5) Finalists to the next round if, in its sole discretion, it does not receive a sufficient number of eligible and qualified contest Entries or potential Finalist(s) fail to timely execute and return the Release.


(B) Round 2: Public Voting Period

Upon verification, each of the five (5) Finalists’ Songs will be posted by Sponsor during the Public Voting Period between 7/2/20 at 12:00:01 pm ET and 7/17/20 at 11:59:59 pm ET at contest.soundcloud.com/bombpopmiddles and on the SoundCloud website and mobile apps (SoundCloud Platform) in a Bomb Pop Middles® branded promoted track unit on the SoundCloud Platform (“Promoted Track”). 

Individuals thirteen (13) years of age and older ("Voters") will be directed to visit the Promoted Tracks and Bomb Pop Middles'® SoundCloud profile page at soundcloud.com\bombpopmiddles during the Public Voting Period, and using a personal computer or mobile device, will have the option to publicly "Like" one or more of the Finalist Entries. To publicly Like a Finalist Song, Voters must be logged into their SoundCloud accounts (or create an account for free at SoundCloud.com if they do not already have one). Each Like will count as one (1) vote for the corresponding Finalist Entry. At the conclusion of the Public Voting Period, the Finalist Entry with the most Likes received will be declared the potential winner (“Winner”). In the event of a tie, the Public Voting Period for such tied Finalist Entries may be extended at Sponsor's sole discretion.

Finalists are prohibited from obtaining Likes or attempting to affect other Finalists' ability to obtain Likes by fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public and/or using any websites or online forums or voting websites designed to encourage or induce individuals to interact with or Like their Finalist Entry and/or not to interact with, or Like (or unlike, as the case may be) other Finalists’ Entries, as determined by Sponsor in its sole discretion. Voters may comment on the Contest Entries; however, those comments will have no bearing on the outcome of the Public Interaction Period.


WINNER NOTIFICATION

Potential Winner (and, if eligible minors, their parents or legal guardians) will be notified by telephone, mail and/or email and must confirm acceptance of the Prize (as defined below) within three (3) days of notification attempt. Sponsor reserves the right to conduct a background check of any criminal or civil records of potential Winner and disqualify the potential winner based on the results of the background check. To the extent necessary and as permitted by law, the potential Winner shall authorize such a background check. Return of any notification as undeliverable, failure to sign and return any requested documentation within the specified time period, the inability of Sponsor to contact the potential Winner within a reasonable time period, the failure of the potential Winner to agree to a background check (if applicable) and/or pass a background check, as determined by Sponsor in its sole discretion (if applicable), or noncompliance with these Official Rules by the potential Winner may result in disqualification and, at Sponsor’s sole discretion, a runner-up may be notified and awarded the Prize.

BACKGROUND CHECK

Further proof or verification of identity and qualifications may be required along with a background check of potential Winner. Potential Winner agrees to such a check and agrees to provide full consent if required. Failure to comply with any of the foregoing may result in disqualification. In addition, the Sponsor reserves the right (at any point and in its sole discretion) to disqualify any individual if, based on the results of the background check, Sponsor concludes that the individual will not be a good representative for Sponsor or its brands. Non-compliance with the foregoing or such Entrant’s failure to comply with the verification process and/or eligibility requirements, return of winner notification as undeliverable, the inability of Sponsor to contact a potential Winner within a reasonable time period, may result in the applicable potential Winner Entrant being disqualified and, at Sponsor's discretion and time permitting, a runner-up may be notified as being the potential Winner.

PRIZE

The Winner will be awarded a cash prize of $1,000 USD and a three (3) month SoundCloud Pro Unlimited subscription (valued at $36) (“Prize”). The winning Song will be posted to Winner’s page on SoundCloud and featured on the SoundCloud Platform as an additional Bomb Pop Middles® branded Promoted Track between 7/19/20 and 8/2/20. In addition, the winning Song may be used in marketing materials produced to promote SoundCloud. Non-cash prizes cannot be redeemed for cash. The winner may not substitute, assign or transfer a prize, but will be solely responsible for dividing and/or allocating the Prize among any collaborators of the Entry, as applicable. Sponsor reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. All federal, state, and local taxes, if any, as well as all costs and expenses associated with prize acceptance and use not specified herein as being provided, are the sole responsibility of the Winner (and any collaborators/band members, as applicable). All prize details are at Sponsor’s sole discretion. 

RELEASE OF LIABILITY

By participating, each Entrant (and, if an eligible minor, his/her parent or legal guardian) agree to release, indemnify, discharge and hold harmless Sponsor, Wells Enterprise and their respective parent, affiliates, subsidiaries, and advertising and promotion agencies, and their respective officers, directors, shareholders, employees, agents, and representatives of the foregoing (collectively, “Released Parties”) from any and all injuries, liability, losses, and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from Entrant’s participation in the Contest or any Contest-related activity, the acceptance, possession, use or misuse of a Prize and/or Sponsor’s use of the rights granted herein.

IF ENTRANT IS A CALIFORNIA RESIDENT, ENTRANT WAIVES ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”


DISPUTES

To the extent permitted by applicable law, by entering the Contest, Entrant agrees that any and all disputes, claims, and causes of action arising out of the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court located in New York, New York. All issues and questions concerning these Official Rules, Entrants’ rights, and obligations, or Sponsor’s rights and obligations shall be governed by the laws of the State of New York, without giving effect to any choice of law or conflict of law rules.

GENERAL CONDITIONS

Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries, email or mail; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of entries, the announcement of the prizes or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or any website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by a virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winner from all eligible, non-suspect Entries received prior to action taken using the judging procedure outlined above or as otherwise deemed fair and appropriate by Sponsor. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

REQUEST FOR WINNERS LIST

For the name of the winners (available after 7/19/20), visit Contest Website no later than thirty days after the end of the Contest.  


Sponsor: SoundCloud Inc., 71 5th Ave, Floor 5, New York City, NY 10010.