The Orchestrator
Remix Contest
OFFICIAL RULES
TheOrchestrator.io
(MusicianNFT, LLC &
The Orchestrator LLC)
The Orchestrator
REMIX CHALLENGE RULES
These rules apply to the The Orchestrator Remix Challenge (“Challenge”) conducted by MusicianNFT LLC & The Orcastrator LLC (“The Orchestrator). In addition, the GENERAL CHALLENGE RULES attached hereto apply to this Challenge. If there is a conflict between the GENERAL CHALLENGE RULES and Rules for this Challenge, the GENERAL CHALLENGE RULES shall control.
GENERAL RULES
The Orchestrator Challenge will begin on July 25th, 2022 and will end on October 13th, 2022.
The Song that will be remixed is “I Don’t Give a Funk (IDGAFNK)”
Only one remix or entry is allowed per producer or group.
You agree to NOT sell your remix on any platform.
You agree to only upload to Soundcloud or YouTube.
You may use the acapella, saxophone riffs, and/or stems in any way you want in your remix; the full acapella, a verse, section, etc
You may create the remix in any genre you want, but you MUST use ALL stems for at minimum 2 seconds per sample excluding the drums and bass.
WHAT RIGHTS DO I HAVE IF I ENTER?
This Challenge is for promotional purposes only, and you do NOT own any rights, and relinquish all rights to your remix.
The Orchestrator and MusicianNFT LLC are the owner(s) of the original song and the winning remixes.
Compensation for the Grand Prize winner, second place winner, and third place winner are stated below.
HOW TO ENTER
An eligible individual may enter the Challenge by taking the following steps
Follow The Orchestrator on Instagram and on THIS POST comment FUNK
Uploading the Remix and the component tracks of the Remix (“Remix Stems”) (the term “Eligible Songs” shall mean to include Remix Stems) to the Challenge Page, in any file format specified by The Orchestrator
Providing the necessary identifying information to enter the Challenge on the Challenge Page.
No purchase is necessary to enter the Challenge nor a need to open an account on the website in order to access the Challenge or enter the Challenge.
Each individual eligible to enter the Challenge may only provide only one (1) Entry of per Eligible Song to the Challenge. If an individual is determined, in The Orchestrators’ sole discretion, to have provided more than one (1) Entry for the same Eligible Song that individual’s Entries may be disqualified for that Eligible Song or all of the individual’s Entries into the Challenge may be disqualified at the sole election of The Orchestrator. Entries may not be modified after being submitted.
By entering the Challenge You represent and warrant to The Orchestrator that you meet these criteria. The Orchestrator reserves the right to require proof of age and jurisdiction of residence prior to awarding You with a Prize.
By entering a Challenge You consent to receiving communications from The Orchestrator and/or the Promotional Partners (hereinafter referred to as“Partners”) relating to the Challenge, including information about Your Entry, information about the Challenge, Prize details, and notices about other upcoming Challenges.
Only Remixes of Eligible Songs will be accepted for the purpose of entering the Challenge. Any Remixes of songs that are not Eligible Songs will not be considered.
DURATION OF CHALLENGE
The Challenge shall be open between the dates specified on the Challenge Page (the “Challenge Period”). Entries to the Challenge will only be accepted during the Challenge Period. An Entry will be accepted when The Orchestrators’ computer servers record Your Entry information as submitted. The sole determinant of time for the purposes of determining the beginning and end of the Challenge Period shall be The Orchestrators’ computer servers. Any automatic computer receipt (such as a confirmation email) does not constitute proof of actual receipt of an Entry for the purpose of these Terms.
ELIGIBILITY RESTRICTIONS
The Challenge entrant must be at least 13 years old or older to participate in the challenge.
No purchase is necessary to enter the Challenge or open an account on the Website in order to access the Challenge or enter the Challenge.
The Challenge is open only to individuals who, for the duration of the Challenge Period:
Have shared The Orchestrator’s Remix Instagram Post on their own Instagram story and have TAGGED The Orchestrator ;
Reside in a jurisdiction where the Challenge is lawful;
Are over the age of majority and have the legal capacity to enter into a binding contract in the jurisdiction where they reside or who have entered into the Challenge with the informed consent of a legal guardian if under the age of majority;
Read and agree to be bound by these Terms and any terms of use and privacy policies The Orchestrator may have in place during the Challenge Period
PRIZES
The prize for the Challenge (the “Prize”) will be displayed prominently on the Challenge Page before the Challenge Period begins. The approximate cash value of each Prize will also be provided, or where such a value is difficult to estimate a brief description of the Prize will be provided. Prizes are non-transferable, non-refundable and cannot be sold or exchanged for cash.
After receiving the Winner’s Materials, The Orchestrator shall provide the Winner with the Prize within thirty (30) days, or if the description of the Prize on the Challenge Page identified a specific date by which the Prize would be provided, by that specific date. If the Prize for a Challenge includes cash, payment of that portion of the Prize may be made to the Winner to the Winner’s best form of payment provided through the Challenge form.
While The Orchestrator may assist in delivering such Prizes to the Winner, The Orchestrator makes no warranties or representations regarding the quality of a Prize or how closely the Prize delivered to You matches the description of the Prize on the Challenge Page. You agree to indemnify and hold The Orchestrator harmless from any and all costs and expenses (including but not limited to reasonable attorney’s fees and court costs), loss, claim, liability or obligations relating to a Prize, including without limitation the failure to receive a Prize as described on the Challenge Page, or issues relating to the quality of a Prize.
SELECTION OF WINNERS
The Orchestrator will review the entries from October 13, 2022 until October 31st ,2022.
Winner will be announced on November 10th, 2022.
The winner of the Challenge (the “Winner”) shall be determined by The Orchestrator in their sole discretion based on their subjective review of the Remixes submitted to the Challenge. The Orchestrator shall determine a Winner within fourteen (14) days after the Challenge Period has ended. The individual whose entry is chosen as the winning entry shall be required to correctly answer a skill-testing mathematical question in order to qualify as a Winner and claim the Prize. The Challenge shall have one Winner per Eligible Song available in the Challenge.
The Winner of the Challenge shall be notified by The Orchestrator at the contact information they submitted when entering the Challenge within fourteen (14) days of The Orchestrator being notified of the Winner’s identity. In order to claim the Prize the Winner must, if requested, provide The Orchestrator with:
Proof of age and jurisdiction of residence;
Any information reasonably necessary to allow The Orchestrator or the Partners to provide the Winner with the Prize, including as contact and banking information;
Signed copies of any liability releases, publicity releases or other affidavits, intellectual property assignments, declarations, or additional documents that BeatStars may require.
If more than thirty (30) days have elapsed since The Orchestrator notified the Winner and the Winner has not responded or failed to provide the Winner’s Materials, or if at any time the Winner indicates he or she does not wish to accept or is not eligible to win a Prize, their Prize may be forfeited and the Partners may determine a new Winner who may be provided the Prize through the procedures specified in this Agreement.
COLLECTION AND DISSEMINATION OF PERSONAL INFORMATION
By entering the Challenge you grant The Orchestrator permission to collect certain information and material about You and Your Entry, including your Remix, Your name, Your likeness, Your contact information, and information required to open Your The Orchestrator Website account. You also grant The Orchestrator and the Partners permission to publicly display and make available this information and material on the Website and in any promotional materials associated with the Website or Challenge, without any compensation to You. You agree to waive any potential claim or cause of action You may have against The Orchestrator or the Partners relating to the use or display or making available of such information or material.
TERMINATION AND MODIFICATION OF CHALLENGE
The Challenge may be terminated or modified by The Orchestrator at any time. If the Challenge is terminated or modified, notice thereof will be displayed on the Website Challenge Page. If the Challenge is terminated before the end of the Challenge Period:
No further Entries will be accepted to the Challenge,
Any Entries already submitted to the Challenge will be forfeited,
The Sublicense shall immediately terminate and on notice of the Challenge termination You shall immediately irretrievably delete any copies of the Eligible Song (including Remix Stems) including any copies of same You may have in your care or control;
The Orchestrator or Producers or Artists shall not have any further obligation to You including without limitation no obligation to award or deliver a Prize or pay any compensation of any kind whatsoever;
These Terms shall survive.
CONDITIONS
Third party owners of the intellectual property to the Eligible Songs (our “Partners”) have granted The Orchestrator, among other rights, the right to sublicense the Eligible Songs to You in connection with the Challenge, subject to the terms and conditions of these Challenge Terms.
The Orchestrator grants Entrants who have properly submitted an Entry to the Challenge during the Challenge Period a limited, revocable, non-exclusive, non-sublicensable license to store, use, copy, display, perform and run the Eligible Songs for the sole purpose of remixing the Eligible Songs subject to these Terms including the sublicense conditions set out in herein, and for no other purpose (the “Sublicense”).
The Sublicense granted herein shall be subject to the following terms and conditions:
ASSIGNMENT OF COPYRIGHT TO REMIX
By entering the Challenge and creating a Remix, You grant to the Partner who made the Eligible Song available for the Challenge your full title and interest in Your Remix of that Eligible Song, including but not limited to, copyright and all rights of renewal thereof, for all media, whether now known or hereafter devised, throughout the universe, in all languages, and in perpetuity, all to vest to the Partner immediately after creation of the Remix and all to be exercised by the Partner as it may choose without restriction and without obligation to make any use thereof whatsoever, and You authorize the Partner’s designees and licensees to similarly exercise such rights. For greater certainty, without limiting the generality of the foregoing, you agree to grant these rights regardless of whether Your Entry is chosen as a winner of the Challenge.ASSIGNMENT OF NEIGHBOURING RIGHTS TO REMIX
By entering the Challenge and creating a Remix, You irrevocably and unconditionally license, grant and assign to the Partner who made that Eligible Song available for the Challenge, in perpetuity, any and all lending, rental and other secondary use or neighboring rights relating to Your Remix of that Eligible Song, including retransmission rights, which You may now have or will hereafter acquire with respect to the rights granted to the Partner hereunder, without restriction and without obligation to make any use thereof whatsoever, and You authorize the Partner’s designees and licensees to similarly exercise such rights. For greater certainty, without limiting the generality of the foregoing, You agree to grant these rights regardless of whether Your Entry is chosen as a winner of the Challenge.WAIVER OF MORAL RIGHTS IN REMIX
By entering the Challenge and creating a Remix, You hereby irrevocably agree to waive any and all moral rights in the Remix You created, and any portions thereof, as such rights may presently or in the future exist, by legislative enactment or otherwise at law or in equity and hereby represent and warrant that You will irrevocably waive Your moral rights therein. You agree not to institute, support, maintain or authorize any action or lawsuit on the grounds that any exercise of the rights granted and assigned to the Partners hereunder constitute any infringement of any moral right in the Remix. For greater certainty, without limiting the generality of the foregoing, you agree to waive these rights regardless of whether your Entry is chosen as a winner of the Challenge.OWNERSHIP OF MATERIALS ADDED TO THE REMIX
By entering the Challenge and creating a Remix, You represent and warrant that You own all the intellectual property rights associated with any new materials added to the Eligible Song during the creation of the Remix, or that you are irrevocably authorized to use such intellectual property in connection with the Challenge, including that you own or are authorized to use the copyright, all neighbouring rights, and all moral rights therefore, and agree to indemnify and hold BeatStars and any Partners harmless from any and all costs and expenses (including but not limited to reasonable attorney’s fees), loss, claim, liability or obligations arising out of any breach by You of the representations, warranties and covenants made herein.DISSEMINATION OF REMIXES
By entering the Challenge and creating a Remix, You agree not to share, transmit, make publicly available or in any way disseminate the Remix to any party other than The Orchestrator or the Partners. For greater certainty, without limiting the generality of the foregoing, You agree not to upload Remixes to any website or social media platform, such as SoundCloud, Band Camp, YouTube, Facebook, or Twitter. Despite the foregoing restriction, The Orchestrator may allow you to disseminate Your Remixes on your social networks if Your Remix has high artistic merit and such dissemination is expressly approved by The Orchestrator before hand in writing. We encourage you to contact The Orchestrator if you wish to submit your Remix for special consideration to make Your Remix eligible for dissemination through Your social networks.
The Orchestrator reserves the right to disqualify any Entrant from the Challenge, in its sole discretion, for any of the following reasons:
Submitting any material to the Challenge that is infected by computer viruses, bugs, bots or other AI, or engaging in any tampering, unauthorized intervention, fraud, technical failures, or any other actions which, in The Orchestrators’ sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Website or the Challenge;
Submitting any false or misleading information to Website or the Challenge;
Submitting material to the Website or Challenge that contains profanity, pornographic or sexual content, hate speech or that promotes violence;
Failing to comply with any of Your covenants, representations or warranties under this Agreement;
Violating the terms or conditions of these Challenge Terms
Taking any action that may be reasonably expected to expose The Orchestrator or the Partners to disrepute or legal liability.
See Attachment A “GENERAL CHALLENGE RULES” for additional conditions.
The Orchestrator reserves the right to end any Challenge or amend these rules upon announcement
The Challenge is void where prohibited by law.
11. MISCELLANEOUS
By entering a Challenge You consent to receiving communications from The Orchestrator and/or the Partners relating to the Challenge, including information about Your Entry, information about the Challenge, Prize details, and notices about other upcoming Challenges.
You agree to hold The Orchestrator harmless from any claim relating to the failure to transmit or receive an Entry to the Challenge, or any distortion, corruption or other damage to your Entry due to any cause, including technical issues related to the submission process.
You hereby agree not to sue and irrevocably and unconditionally release, and forever discharge The Orchestrator, their past, present and future parents, subsidiaries (whether or not wholly-owned), affiliates, divisions, agents, representatives, employees, successors, partners, third party partners, and assigns, from any and all manner of liabilities, claims and demands of any kind or nature, whatsoever, in law or equity, whether known or unknown, which You (or Your assigns, agents and/or representatives) ever had, now have, or in the future may have against them, including, but not limited to claims arising out of or related to the Your participation in the Challenge, including without limitation, any claims, demands and causes of action for invasion of privacy, false light privacy or violation of the right of publicity, defamation, infliction of emotional distress and any other tort in connection therewith (including, without limitation, any claims relating to or arising from any transportation by me hereunder) and any costs and expenses (including, without limitation, attorneys’ fees, court costs, settlement and disbursements), and you hereby waive the right to seek injunctive or other equitable relief against The Orchestrator for any such matter.
You agree that you shall indemnify and hold harmless The Orchestrator, their past, present and future parents, subsidiaries (whether or not wholly-owned), affiliates, divisions, agents, representatives, employees, successors, partners, third party partners, and assigns, from any loss or damage (including attorneys’ fees and costs) incurred by them in connection with any claim or lawsuit brought in connection with the matters released and discharged, or with any breach of The Orchestrator’ representations, warranties and agreements in this Agreement.
The Website is provided subject to The Orchestrator’ terms of service governing same, including without limitation The Orchestrator making no warranties or representations regarding the Website, the services offered through the website, Website availability or non-interruption, or the Website services being fit for a particular use or purpose and The Orchestrator disclaims all such warranties.
By entering into this Agreement you represent and declare that you have carefully read this Agreement and know the contents hereof, you have had the opportunity to obtain legal advice regarding the same, and that You enter the Challenge freely and voluntarily.
This Agreement and the Website materials referenced herein constitutes the entire agreement between You and The Orchestrator regarding the subject matter thereof and supersedes any other written or oral agreements or understandings regarding these matters.
This Agreement shall be construed and interpreted in accordance with the laws of the Texas and the federal laws of the United States, as applicable, without giving effect to any choice of law or conflict of law rules or provisions that may cause the application of the laws of any other jurisdiction. You agree, for the benefit of The Orchestrator, to submit any dispute arising hereunder to binding arbitration in accordance with the rules established pursuant to the rules of the American Arbitration Association then effective, and any and all claims, judgments and awards by You or in Your favour shall be limited to actual out-of-pocket costs incurred by Entrant with regard to this Challenge, but in no event attorneys' fees, punitive, incidental, consequential or other damages. For greater certainty, without limiting the generality of the foregoing, nothing hereunder shall affect The Orchestrators’ right to apply for injunctive relief against You in a court of competent jurisdiction.
If, in any jurisdiction, any provision of this Agreement or its application to any party to it is restricted, prohibited, found unenforceable by a court of law, or otherwise restricted in scope in any fashion for any reason, such provision is, as to such jurisdiction, ineffective only to the extent of such restriction, prohibition or nonenforceability without affecting the remaining provisions of this Agreement and without affecting the validity or enforceability of such a provision in any other jurisdiction or its application to other parties to this Agreement or other circumstances.
Except as otherwise provided herein You may not assign or transfer any rights or obligations hereunder without prior consent of The Orchestrator.
In these Terms words importing the singular shall include the plural and vice versa, and words importing a gender shall include all genders.
The headings in these Terms are for convenience only and shall not affect the Terms’ construction or interpretation.
Attachment A
The Orchestrator.io
(The Orcastrator, LLC DBA - The Orchestrator)
GENERAL CHALLENGE RULES
These rules apply to all Challenges conducted by The Orchestrator.io (The Orcastrator, LLC DBA. The Orchestrator). The Orchestrator specific challenges will have their own specific rules which will be set forth in Challenge rules for that particular challenge and will be made available at www.The Orchestrator.io/remixchallenge. If there is a conflict between the GENERAL CHALLENGE RULES and Rules for this Challenge, the the GENERAL CHALLENGE RULES shall control.
HOW TO ENTER A CHALLENGE
Unless otherwise noted, one entry per person will be accepted. In the event multiple entries are allowed, each entry must be submitted individually. Mechanically reproduced or software generated entries of any kind will not be accepted.
ELIGIBILITY RESTRICTIONS
The Challenge entrant must be at least 13 years old or older to participate in the challenge.
PRIZES
Failure to claim Prize by the specified time will result in forfeiture of the Prize.
If a Challenge is open to entrants under the age of 18, a parent or legal guardian must claim the Prize. It is the winner’s sole responsibility to claim the Prize or Prize Certificate within the timeline provided in the official rules of the Challenge.
In the event that a Prize or Prize certificate is mailed to the winner, it will be with the prior written consent of the winner and therefore, the winner assumes the risk of its arrival. Beatstars is not responsible for the safe arrival of a Prize or Prize Certificate.
Prizes are not transferable. Prizes may not be substituted or redeemed for cash.
SELECTIONS OF WINNERS
Challenge winners will be selected and notified of their Prize in the manner chosen by The Orchestrator.
Unless otherwise specified, if the winner(s) cannot be contacted within 48 hours after the Prize is awarded, an alternate winner may be selected at The Orchestrators’ discretion. Unless otherwise specified, winners who fail to respond within 48 hours of Prize notification are deemed to be waiving their Prize claim and the Prize will be forfeited.
The odds of winning depend upon the number of eligible entries received or the relative performance of each Participant.
CONDITIONS
Taxes and Liability: Payment of all federal, state, and local taxes is the sole responsibility of the winner. Challenge winnings will be reported to the Internal Revenue Service and winners can expect to receive a 1099 tax form for Prizes which total more than $600 for the Calendar year. Winners may be required to accurately complete and submit IRS Form W-9 to The Orchestrator as a condition of acceptance of a Prize.
By participating in the Challenge, the Challenger agrees to have his or her name, voice, or likeness used in any advertising or broadcasting material relating to the Challenge without additional financial or other compensation.
By participating in the Challenge, Challenger hereby releases and agrees to indemnify and hold harmless the BeatStars, its licensee, affiliates, subsidiaries, parent corporation and each of their officers, directors, shareholders, employees, advertising and PR agencies, sponsors, advertisers, promotional partners, partners, agents, representatives, and their successors and assigns, and all others connected with them and the Challenge (collectively. “Released Parties”) from any and all liability, claims, actions and damages sustained or incurred by participation in the Challenge and the receipt and use of any Prize awarded (if any) through such Challenge arising in any manner whatsoever.
Challenge winners (and their guests or travel companions, if any) may be required in The Orchestrators’ sole discretion, to sign a liability release and a publicity release. A winner (or his/her) parent or legal guardian if under the age of 18 years) must execute and return any required release within five (5) business days from notification or winner will be disqualified and the Prize will be forfeited. An alternate winner may be chosen by random selection. Pursuant to the liability release, the winners will agree to hold the Released Parties harmless against any and all claims or liability arising indirectly from the Prize or participation in the Challenge. Any claims or liability directly or indirectly from the Prize or participation in the Challenge. Any Challenger (or his/her parent or legal guardian, if applicable) who refuses to sign any required release will forfeit any and all Prizes.
The Orchestrator will be excused from its obligation to conduct the Challenge if its performance is delayed or prevented due causes beyond its control, including, but not limited to acts of God, public enemies, war, civil disorder, fire, flood, hurricanes, explosion, labor disputes or strikes, and anay acts by any governmental authority.
The Orchestrator, its licensee, affiliates, subsidiaries, parent corporation, sponsors, advertisers and promotional partners, partners and their assigns and successors are not responsible for failure to conduct or for alterations to the Challenge due to circumstances beyond the control of any such entity.
Decisions of The Orchestrator management with respect to the challenges are final.
The Orchestrator reserves the right to end any Challenge or amend these rules upon announcement on air or publication on the The Orchestrators’ website.
The Orchestrator reserves the right to make changes to the rules of the Challenge, including the substitution of a Prize or Prizes of equivalent or greater value, which will become effective upon announcement.
The Orchestrator is not responsible for any Prizes or Certificates lost or stolen after the winner has claimed them.
Prizes are awarded “as is” with no guarantees or warranties as to use. Acceptance of a Prize releases The Orchestrator, its sponsors, promotional partners, partners and advertisers from all liability and claims concerning the Prize, its delivery, and its use.
The Orchestrator is not responsible for typographical or other errors in the printing, the offering or the administration of the Challenge or in the announcement of a Prize. The Orchestrator is not responsible for (i) lost, stolen, mutilated, misdirected, postage due, illegible, incomplete or late entries; (ii) telephone or mobile service outages, delays, busy signals, facsimile transmissions errors, equipment malfunctions, and any other technological difficulties that may prevent an individual from completing his/her telephone call from sending a text message (if applicable, message and data rates may apply, and the BeatStars is not responsible for any fees incurred by an entrant for this method of entry); (iii) entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties or other technical difficulties.
By participating in this Challenge, Challengers agree to be bound by these rules. Failure to comply with the Challenge rules may result in the Challengers disqualification, at the sole discretion of The Orchestrator.
The Orchestrator are required to provide truthful information as part of their entry and The Orchestrator will reject and delta any entry that it discovers to be false or fraudulent. The Orchestrator will disqualify any entry from Challengers who do not meet the eligibility requirements and The Orchestrator will also delete any online entry if it learns that it was submitted by any Challengers under the age of 13.
No purchase is necessary. The Challenge is void where prohibited. Challengers and promotions are subject to all federal, state, and local laws.
For website Challenges: By use of The Orchestrator’ website and by entering this Promotion, Participants agree to the BeatStars’ Terms of Service Agreement and to use Personal Information as stated in the Privacy Policy located on the The Orchestrator’ Website.
Copies of the written Challenge rules and a list of all winners are available by request.
TELEPHONE CHALLENGES
The Orchestrator cannot be held responsible for allegations of telephone malfunctions. The Orchestrator is not responsible for callers lost or disconnected before completing his or her prize claim. When a caller is lost or disconnected prior to, The Orchestrator can, at its discretion, select the next eligible caller received to win/participate. The Orchestrator is not responsible for any lost connections, miscommunications, failed computer or telephone transmissions, equipment or other technical failure or service interruptions. The Orchestrator is not responsible for any carrier or server delays or failures.
TEXT CHALLENGES
You understand, acknowledge and agree that no purchase is necessary to participate in any text to win a challenge or subscribe to any text club, and that texts sent by The Orchestrator are sent using an automated telephone dialing system. By initiating a text message to The Orchestrator in this challenge, you also expressly consent to the receipt of a reply message confirming your entry and notification via text if you are selected to be a winner. You also understand, acknowledge and agree that reply messages from The Orchestrator may contain advertising and marketing messages, which support free service.
Message and data rates may be charged by your wireless carrier. The Orchestrator is not responsible for any fees incurred by you for this method of entry.
Entrants to this challenge do not provide detailed personal information at the time of entry given the limitations of the text message format, but must provide all requested information if selected as the winner(s), including first name and last name, complete postal address (street, city, state, and zip code), email address, telephone number, date of birth, social security number (if required by law and federal tax reporting requirements), and verification of identity (such as a valid government-issued ID).
All entrants must follow the “call to action” entry instructions and submit any requested information. If you change your mind regarding the subscription to the text club, you should text the word “STOP” to the designated short code when you receive the confirmation message. You may opt-out to a text club at any time.
Text message and any mobile devices entries will be deemed made by the authorized account holder of the mobile account submitted at the time of entry. The authorized account holder is the natural person who is assigned to the text or mobile telephone number by a telecommunications provider, or other organization that is responsible for assigning such numbers. Only text messages individually generated by wireless devices such as cellular or smart telephones and smart devices will be accepted; use of any device to automate entry is prohibited and will be cause for disqualification. Proof of submission of an entry from the entrant shall not be deemed proof of receipt by The Orchestrator. The challenge administrator’s telephone system or text platform is the official time keeping device for the challenge.
The Orchestrator is not responsible for any lost connections, miscommunications, failed computer or telephone transmissions, equipment or other technical failure, service interruptions, carrier or server delays or failures. The Orchestrator is not responsible for mis-sent, misdirected, or undeliverable text entries, and votes cannot be recalled once sent.
INTERNET RULES
The Orchestrator is not responsible for entries not received due to difficulty accessing the Internet, services outages and delays, computer difficulties or other technological difficulties.
Challenge participants using the Internet must provide a valid email address.
The Orchestrator and sponsors are not responsible for technical, hardware, software, or telephone or other transmission failures of any kind; lost or unavailable network connections; or incomplete, garbled or delayed computer transmissions whether caused by The Orchestrator, users, by any equipment or programming utilized in promotions, games or Challenges, or by human error which may occur in the processing of submissions, which may limit a participant’s ability to participate.
The Orchestrator reserves the right, in its sole discretion, to cancel, suspend a Challenge, promotion, game, or Challenge should a virus, bug, computer or other problem beyond the control of The Orchestrator corrupt the administration, security or proper execution of Challenge, promotion, game, or Challenge. The Orchestrator, in its sole discretion, may award Prizes to entries received by alternate means. All Internet participants agree to be bound by the specific Challenge, promotion, game, or Challenge rules, and the General Challenge Rules appearing above.
To enter online, you must enter your first name and last name, complete address, city, state, zip code, telephone number and a valid email address in the online entry form. One Internet entry per person and one Internet entry per email address. Internet entries will be deemed made by the authorized account holder of the email address submitted at the time of entry. The authorized account holder is the natural person who is assigned to the email address by an Internet access provider, online service provider, or other organization that is responsible by assigning email addresses or the domain associated with the submitted email address.
The Orchestrator, in its sole discretion, reserves the right to disqualify any person tampering with the entry process, the operation of the The Orchestrators’ website or who is otherwise in violation of the rules. The Orchestrator further reserves the right to cancel, terminate, or modify the Challenge if it is not capable of completion as planned, including infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort.
WHEN INTERNET CHALLENGE INVOLVES VOTING
Entrants may not attempt to obtain votes by any fraudulent or inappropriate means, including without limitation, by: (a) circumventing (or encouraging others to circumvent) any vote limits; (b) using any automated system to vote; (c) offering any inducements to others in exchange for votes; or (d) using proxy voting schemes in which anyone other than the actual person submits the vote. The Orchestrator, in its sole discretion, reserves the right to reject any votes that The Orchestrator has reason to believe were obtained through fraudulent or inappropriate means.
WHEN INTERNET CHALLENGE INVOLVES VOTING ON SOCIAL MEDIA, INCLUDING FACEBOOK, TWITTER, INSTAGRAM, AND OTHERS
Use of multiple Facebook/Twitter/Instagram or other social media accounts to enter Challenges is prohibited and will result in nullifying all votes from these accounts and/or disqualification from the Participant. The penalty will be determined at the sole discretion of The Orchestrator.
FOR ENTRIES THAT INCLUDE SUBMITTING A PHOTO/AND OR VIDEO
The Orchestrator, at its sole discretion, reserves the right to disqualify and/or destroy any entry if or when it is discovered that such henry contains infringing, illegal, indecent or otherwise offensive material or if such entry contains material whose Content is deemed at the sole discretion of the The Orchestrator to be unsuitable for public viewing, performance, or posting via Internet.
Each Participant's photo and/or video entry must be his/her original creative work and/or property and must not contain copyrighted materials or any other materials, which may be restricted, prohibited, or outlawed by Federal, state or local laws. Participants are required to obtain a writing release from all individuals appearing in the photo and/or video which grants the right to use their name, likeness and recorded voice and the right to post the video on the The Orchestrator website for the general public to view. Each Participant agrees to hold the The Orchestrator, its parent companies, and subsidiaries, their affiliated entities, and their respective shareholders, officers, directors, agents, representatives, employees, and all of their successors and assigns harmless against any and all claims or liability arising directly or indirectly from the Prize, Challenge and or/ Challenge, including but not limited to an infringement or alleged infringement of any intellectual property, publicity or privacy right, or violation of any law or regulation, involving the photo and/or video entry.
FOR CHALLENGES PROMOTED ON A The Orchestrator FACEBOOK PAGE
This Challenge is in no way sponsored, endorsed, or administered by or associated with Facebook. By submission of an entry, Participants release Facebook from any responsibility related to the Challenge. Challengers are providing entry information to The Orchestrator and not to Facebook.
FOR CHALLENGES PROMOTED ON A The Orchestrator INSTAGRAM PAGE
This Challenge is in no way sponsored, endorsed, or administered by or associated with Instagram. By submission of an entry, Challengers release Instagram from any responsibility related to the Challenge.
FOR CHALLENGES PROMOTED ON A The Orchestrator TWITTER PROFILE
This Challenge is in no way sponsored, endorsed, or administered by or associated with Twitter. By submission of an entry, Challengers release Twitter from any responsibility related to the Challenge.