December 2014 Contest & Promotion Rules

The MelodyFusion.Com Contests in 2014

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU MUST BE 18 YEARS OF AGE (OR THE AGE OF MAJORITY IN YOUR JURISDICTION, WHICHEVER IS OLDER) AND A LEGAL RESIDENT OF the 50 United States (except Rhode Island), Canada (except Quebec), Australia, New Zealand, and the United Kingdom (of Great Britain and Northern Ireland), TO PARTICIPATE. VOID WHERE PROHIBITED.

1. The Contest Sponsor: The MelodyFusion.com Contests and Promotions (the “Contests”) are sponsored by MelodyFusion.com, its affiliates and subsidiaries (collectively, “Sponsor” or “Melody Fusion”). By participating in the Contest you agree to be bound by these official rules (“Official Rules”).
   
   
2. Who Is Eligible To Participate: The Contest is open only to participants meeting the requirements mentioned above (hereinafter, the “Participant(s)”).
   
   

   Employees and independent contractors, officers and directors of Sponsor, its agents, representatives, advertising, promotion, publicity and fulfillment agencies, legal advisors, successors and assigns, or any other entity or person involved with the production, design, execution, administration or distribution of the Contest (collectively, the “Released Parties”), as well as the immediate family members (i.e., parents, siblings, children and their respective spouses, regardless of where they reside) and persons living in the same household of such persons, whether or not related, are not eligible to enter or win. The Contest is subject to all applicable federal, state, territorial, provincial, municipal and local laws and regulations and is void where prohibited or restricted by law.
   
   

3. Contest Timing: The Contest entry window opens at 12:00 a.m. Greenwich Mean Time (GMT) on December 1, 2014, and closes at 11:59 p.m. GMT on December 31, 2014 (the “Entry Window”), and is followed by Winner selection and notification (“Drawing & Winner Notification Period”) (the Entry Window & Winner Notification Period collectively comprising the “Contest Period”) as detailed in the table below:

    

   	Contest Period
   	Entry Window	Drawing & Winner Notification  On or about:
   Opens 12:00 a.m. GMT:	1 December 2014
   Closes 11:59 p.m. GMT:	31 December 2014	02 January 2015

    

   EACH PARTICIPANT IS RESPONSIBLE FOR ADJUSTING THE TIMING OF ENTRY WINDOW DEADLINES BASED ON PARTICIPANT’S LOCATION. Sponsor’s computer is the official time-keeping device for the Contest.
   
   

4. How To Enter; Entry Limits: Anytime during the Entry Window, visit the website at http://www.melodyfusion.com (the “Site”) and follow the instructions to submit an eligible “Entry” and be automatically entered into the Contest anytime during the Contest Period:
   
   

   (a)    First, visit and create a profile at http://www.melodyfusion.com account for FREE);
   (b)    Next, complete your profile by adding important information about your music and/or band members. 
   (c)    Last, The Month of December 2014 contest is about listening to tracks. You can search the site for genres you like, find tracks and listen to them. It would be awesome if you leave feedback but that is not required. 

5. Option to Participate (“Opt-Out”):  During participation, members may Opt-Out of the MelodyFusion.com Contest by contacting MelodyFusion.com via the “Contact Us” page.
   
   
6. What constitutes Contest “Entries”?  Entries can be tracked on a member’s MelodyFusion.com biography page.  Each of the following activities will be defined as an acceptable, single, accumulating “Entry”:
   
   •  Listening to a track. (Please see the blog post for detailed instructions)
7. Limits on Entries: Each Participant may qualify for one “entry” during the Contest Entry Window, and regardless of the number of Entries entered, each Participant is only eligible to win 1 prize in this Contest. No other methods of Entry will be accepted. Entries will not be acknowledged or returned. Sponsor cannot guarantee that all persons attempting to enter will be able to participate. There is no cap on number of Entries.
   
   

   Proof of submission of an “Entry” is not proof of delivery or receipt of that Entry by Sponsor. Entries generated by script, macro or other automated means are void. Use of a false email account will disqualify an Entry. If there is a dispute as to any Entry, or the identity of a Participant, the Entry at issue will be declared to be made by the authorized account holder and natural person assigned by an Internet access provider to the email addressed associated with the Entry, and he/she must comply with these Official Rules. Participants may be required to show proof of being the authorized account holder.

   By participating in the Contest, each Participant accepts and agrees that Sponsor, in its sole discretion, may disqualify any Participant who (whether in fact or by attempt) subverts, circumvents, or tampers with the entry process, or the lawful operation of this Contest or the Site, or who Sponsor finds to be acting in an unsportsmanlike or disruptive manner, or in a manner otherwise in violation of these Official Rules.
   
   

8. Drawings; Winner Selection and Notification: On or about the Drawing & Winner Notification Period date reflected in the table in Section 3 above, 1 Participant (a potential “Winner”) will be selected by choosing the most qualified “Entry” based on activities described above in section 5.  
   
   

   The potential winner may be required to complete and return a Declaration of Eligibility and, except where prohibited, Liability/Publicity Release or other documents, in the form provided by Sponsor, within 10 days of attempted notification in order to claim the prize. Canadian potential Winners must also correctly answer a timed, skill-based question in order to claim prize.  If a Winner is 18 years of age as required, but deemed a minor in his or her jurisdiction, then the prize will be awarded in the name of the minor’s parent or legal guardian, who will be responsible for signing any necessary declarations and releases.

   If a potential Winner cannot be contacted, is contacted and does not respond within 30 days of winner being announced at www.MelodyFusiuon.com with all required information, or fails to claim the prize as directed within the time allotted following attempted notification, refuses the prize, is ineligible to accept the prize, is otherwise not in compliance with these Official Rules, or if the attempted prize notification is returned as undeliverable, the prize at issue will be forfeited and, at Sponsor’s sole discretion, or awarded to an alternate winner.

   A Participant is not a Winner, even if a prize notification is received, unless and until the Participant’s eligibility and the potential winning entry has been verified and the Participant has been notified that verification is complete. Potential Winner must continue to comply with these Official Rules.
   
   

9. Prizes: 1 total prize with an Approximate Retail Value (ARV) in the amount of  $100 (USD) will be awarded in this Contest as follows:

   1 Grand Prize: 1 winner will receive 1 Grand Prize consisting of a retail item to be determined. Melody Fusion reserves the right to change the prize without any prior notification. 
   

   Odds of winning: The odds or likelihood of winning will depend on the total number of eligible Entries received.

   The ARV of prizes are stated in United States Dollars and dollar values based on local currency rates can be determined by consulting an online currency converter. ARVs quoted represent the maximum retail price or, in the absence of a maximum retail price, the prevailing market price to the best of the Sponsor’s knowledge. Differences in stated price and actual prize values (including differences in any stated price and the price a winner would have had to pay for such product in any jurisdiction) will not be awarded. All prize details, including type, color, size, etc. are at Sponsor’s sole discretion. All prizes are awarded “as is” with no warranty or guarantee, either express or implied. Sponsor reserves the right to substitute a prize (or portion thereof) with one of approximately equal or greater value. The Winner is responsible for all applicable federal, state, territorial, provincial, municipal and local taxes, costs associated with currency exchange, or any other costs and expenses associated with prize receipt, acceptance, or use. Use of any prize(s) that have associated use terms such as gift cards, software, online services, or subscription products is subject to any terms or conditions that may accompany such prizes as issued by the service or product provider. Only the advertised number of prizes and those claimed in accordance with these Official Rules will be awarded. The Winner may be required to provide a shipping address and proof of residency to claim a prize. Sponsor will arrange and determine mode of delivery of prizes to the winner. Allow 2-8 weeks for delivery of prizes.
   
   

10. Participants’ Agreement to these Official Rules and Decisions of Sponsor: Participation in the Contest or receipt of any prize constitutes each Participant’s and Winner’s full and unconditional agreement to and acceptance of these Official Rules, Sponsor’s online Terms of Use and Privacy Policy (available by region and incorporated in these Official Rules by reference), and Sponsor’s decisions which are final and binding in all matters related to this Contest. Winning a prize is contingent upon Participant fulfilling all applicable requirements as set forth in these Official Rules.
    
    
11. Participants’ License of Entries; Sponsor’s Right to Use Participants’ Name and Likeness: Sponsor does not claim ownership of Entries, however, by participating in this Contest and submitting an Entry, each Participant hereby grants to Sponsor and its agents, a, worldwide, perpetual, royalty-free, non-exclusive, transferable right and fully-paid up, fully-sublicensable license, under any and all rights, to use, modify, reproduce, distribute, publicly perform and publicly display, publish (or not publish), in whole or in part, his/her Entry, together with his/her name, voice and/or likeness and hometown (collectively, “Persona”), except as otherwise prohibited by law, in any media format or medium (whether now or hereafter known) and through any media channels, including on and through the Site and public viewing gallery, and other websites and Sponsor-branded social media channels owned or controlled by Sponsor, in and in connection with promotion, publicity and advertising for this Contest or Sponsor, its products or services, without any further attribution, notification, or compensation to the winner, his/her successors or assigns, or any other person or entity, and (ii) each Participant hereby grants to users of the Site a worldwide, perpetual, royalty-free, non-exclusive license to access, distribute and display his/her Entry through the Site, and to rate, review, comment on, or tag the Entry and to share the Entry using commercially available means.
    
    

    To the extent permitted by law, each Participant waives and releases the Released Parties from any and all claims that he/she may now or hereafter have in any jurisdiction based on “moral rights” with respect to Sponsor’s exploitation of his/her Entry without further notification or compensation to the Participant. If this waiver of moral rights is unenforceable or invalid, and for the avoidance of doubt, each Participant acknowledges and agrees that Sponsor is authorized to exercise all moral rights to his/her Entry.  Participation in this Contest creates no obligation (express or implied) on the part of Sponsor to use, commercialize or otherwise exploit any Participant’s Entry or Persona and no Participant is entitled to any damages or other relief by reason of Sponsor’s use or non-use of his/her Entry or Persona.

     

12. General; Sponsor’s Right to Cancel, Terminate or Modify the Contest: Sponsor reserves the right to cancel, terminate, or modify the Contest, or any portion, if in Sponsor’s opinion, the Contest has been compromised, corrupted, or cannot be completed as planned due to computer virus, bugs, tampering, unauthorized intervention, technical failures, or other conditions beyond Sponsor’s reasonable control, including without limitation, an insufficient volume of participation or eligible Entries, and to select potential winner(s) from among eligible, non-suspect Entries received on or before the termination date. While Sponsor may take action against fraudulent activities of Participants, Sponsor assumes no responsibility or obligation to proactively police Participants’ activities, or to investigate any or all claims of fraudulent activity. Sponsor’s failure to enforce any provision of these Official Rules will not constitute a waiver of that provision.
    
    
13. Limitations of Liability; Release of Claims: The Released Parties (defined in Section 2) do not guarantee the processing or posting of any Entry or the functioning of the Site. The Released Parties are not in any way responsible or liable for any act, omission, or breach of contract or warranty by Participants, or any infringement or violation of any right of publicity, privacy, intellectual property or proprietary rights, or for any loss (including loss of opportunity), or other claim arising from or in relation to this Contest, or any Entry submitted, or for the authorized or unauthorized actions of Participants or other third parties. The Released Parties are not responsible for events requiring a cancellation or postponement of the Contest, or for Entries that are incomplete, illegible, lost, intercepted, misdirected, or not otherwise received by Sponsor, or for hardware or software malfunctions, delayed, unavailable, or failed network connections or communications, or other errors or impediments of any kind, whether technical or non-technical in nature, relating to this Contest, its administration, or the processing of Entries or announcement of winners.

    
    By participating in the Contest each Participant agrees, to the maximum extent allowable under applicable law, to release and hold the Released Parties harmless from and against any and all liability whatsoever for any injuries, losses, or damages of any kind arising from, or in any way connected with, participation in the Contest, any Contest-related activity, or any Entry submitted, or the shipping and handling, receipt, possession, loss, use or misuse of any prize awarded.  For residents of the United Kingdom only: the limitation of liability in this section does not apply to claims for personal injury or death caused by Sponsor or its agents’ negligence, or to liability of Sponsor and its agents for willful misconduct or gross negligence, or any other liabilities that may not be excluded by law.

    Participants agree that Sponsor’s only obligation is to accept eligible Entries and to award prizes according to the procedures and criteria set forth in these Official Rules, that these obligations are fair and adequate consideration for any Entry submitted, and Participant is not entitled to and will not seek any further compensation.
    
    

14. Governing Law; Venue; Disputes: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of Sponsor and Participants, will be governed by, and construed in accordance with, the laws of Victoria, Australia, without giving effect to any choice of law or conflict of law rules or provisions (whether of Victoria, Australia or any other jurisdiction) that would cause the application of laws of any jurisdiction other than Victoria, Australia, and all claims must be resolved in the appropriate court located in Victoria, Australia.
    
    
15. Personal Data: Personal data collected from Participants by Sponsor will be used and disclosed by Sponsor and its authorized agents for purposes of Contest administration and prize fulfillment. By entering, each Participant consents to the collection, use and disclosure of his/her personal information as described in these Official Rules. Nothing in these Official Rules will be deemed to restrict or exclude any Participant’s statutory consumer rights pertaining to personal data. Except as otherwise stated in these Official Rules or on the Site, personal information collected by Sponsor from Participants is subject to Sponsor’s Privacy Policy at http://www.melodyfusion.com/terms.
    
    

    No Opt-In Consent to Future Marketing Required: Participants may be presented the option to consent to future communications from Sponsor (“Opt-In”), however, the Opt-In may be declined and is not required to participate in the Contest and will not increase or improve Participant’s opportunity to win.
    
    

16. Winner's Announcement: After the winner has been determined and verified, an announcement will be available on the Site for at least 2 weeks.
    
    
17. Sponsor: The Contest is sponsored by MelodyFusion.com, #1 Princess Street, Suite 701, Kew, Victoria 3101, Australia.

    Melody Fusion is owned by RedVox Pty Ltd (Australin Business Number 66 129 475 770).