SNAPJAM / MUTINY RADIO CONTEST TERMS AND CONDITIONS
By entering the SnapJam / Mutiny Radio, LLC (“Companies”) contest (“Contest”), you agree to the following terms and conditions:
1. You warrant and represent that you are 18 years or older,a U.S. resident, the author of your submissions to the Contest (the “Works”), and have all legal right and title to the Works.
2. You understand that by entering into the Contest, you agree to provide Mutiny Radio with a non-exclusive license to use the Works, and that your entry and acceptance of any prize you may win is conditioned upon your provision of this license to Mutiny Radio to publicly perform, play, record, distribute, adapt, arrange, or otherwise use the Works (the “License”), including through Mutiny Radio’s musical product streamed over the internet to venues.
3. You warrant and represent that none of the Works are subject to any exclusive license or similar agreement that would prevent you from entering the Contest and/or providing a non-exclusive license to the Works.
4. You warrant and represent thatall of the information you provide is true and correct, and you understand that the Companiescondition your entry into the Contest, and provision of any prize you may win, on the truth and accuracy of this information. If you provide false or inaccurate information, your entry into the Contest and eligibility for any prize is subject to cancellation.The Companies have the absolute right to exclude any of the Works from the Contest or License for any reasonable reason, including but not limited to similarity with another musical composition, or possible copyright infringement or any other claim related to the Works.
5. You agree that you will furnish or execute such documents, recordings, or other items the Companies deem necessary to fulfill the terms herein, including but not limited to lead sheets, copies or recordings of the Work, and copies of any agreements related to the Works, if any.
6. You authorizethe Companies to use your name, likeness, and biographical information related to the Contest, Works, and/or the License.
7. You warrant and represent that you have theright to enter into this Contest and be bound by its terms; that you are not bound by any prior commitments or agreements which conflict with these terms; that each of the Works is original and composed by you; that you have fully disclosed any co-writers for each Work, if any; and that your grant of the Licensewill not constitute unfair competition, a copyright infringement, or violation of any other right of any other person, firm or corporation; and you will be responsible for payment of all taxes associated with any prize you may win.
8. You acknowledge and agree that you are solely responsible for all losses, damages, and liabilities of any kind arising out of or in connection with Mutiny’s use of the License. You agree to defend, indemnify and hold harmless the Companies and their affiliates, successors and assigns, and its directors, officers, managers, shareholders, members, owners, employees, agents and other representatives, from and against any and all claims, losses, liabilities, damages, judgments, awards, settlements, expenses and costs (including, without limitation, attorney’s fees and court costs) that arise out of or relate to (i) use of the License, (ii) the Works, (iii) your negligent acts or omissions, and/or (iv) breach or alleged breach of these terms.
9. TO THE EXTENT PERMITTED BY LAW, YOU KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVEYOUR RIGHT TO A TRIAL BY JURY FOR ANY ACTION ARISING OUT OF OR RELATED TO THESE TERMS, THE CONTEST, OR THE LICENSE; AND THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON ITS OWN BEHALF AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTTIVE ACTION.All disputes of any kind, nature or description arising in connection with these terms and conditions or the Contest shall be submitted to the American Arbitration Association in Hillsborough County, Florida, for arbitration under its then-prevailing rules. The arbitration award shall be binding and conclusive on the Parties and shall include the fixing of the costs, expenses and reasonable attorneys’ fees ofarbitration, which shall be borne by the unsuccessful party. Judgment may be entered in a court in Hillsborough County, Florida, or any othercourt having jurisdiction.This Contest and these terms shall be governed by and construed under the laws of State of Florida without reference to its conflicts of law principles and venue for any dispute hereunder shall lie in Hillsborough County, Florida.
10. SnapJam’s Website Terms & Conditions are incorporated as if fully set forth herein. To any extent they conflict with these terms, these Contest terms shall control.