Terms and Conditions
America's Top Choirs™ competition ("ATC") is open to legal residents of the United States of America who sign up at https://www.feelitlive.com/americas-top-choirs (“Website”). Entrants must be 14 years of age or older as of their date of entry in this promotion in order to qualify. This Contest is subject to federal, state, and local laws and regulations and void where prohibited by law. FeelitLIVE’s employees, its subsidiaries, affiliates, suppliers, partners, advertising and promotion agencies, and directors (collectively the “Employees”), as well as members of an Employees' immediate family and/or those living in the same household as Employees, are ineligible to participate in ATC.
The sponsor of ATC is FeelitLIVE Inc., (“Sponsor”, “FeelitLIVE”, “we”, or “us”), a Delaware corporation located in Menlo Park, California, United States, a streaming platform and digital performance and entertainment platform consisting of Web sites, software applications, mobile apps, services, and embeddable players (“FeelitLIVE Service”). The sponsor will conduct ATC substantially as described in these Official Rules.
3. Agreement to Rules
By entering ATC, the entrant (“You” or “Entrant”) accepts and agrees to abide by the Sponsor's official rules, including but not limited to the governance, procedures, timelines, specifications, judges, evaluation criteria, prizes, and decisions (collectively “Official Rules”), which are fully and unconditionally binding in all respects. The Sponsor reserves the right to amend the Official Rules at any time at the Sponsor’s sole discretion, or the right to refuse, withdraw, or disqualify any entry at any time at the Sponsor’s sole discretion. By entering ATC, You represent and warrant that You are eligible to participate based on the eligibility requirements explained in the Official Rules and that your Submissions (as defined below) are fully compliant with U.S. Copyright Law. You also agree to accept the decisions of the Sponsor as final and binding as it relates to the ATC.
4. Competition Entry Period
The competition entry period is as specified on the Website (“Entry Period”) and may be subject to change from time to time at the Sponsor’s sole discretion. To be eligible for ATC, entries must be received within the specified Entry Period.
5. How to Enter
Eligible entrants can enter ATC by submitting an entry via the online form provided on the Website. As a participant, your entry must fully meet all the competition requirements, as specified in the Official Rules, in order to be eligible to win a prize. Incomplete entries or those that do not adhere to the Official Rules will be disqualified at the Sponsor's sole discretion. Fraudulent methods of entry or circumvention of the Official Rules may result in the Sponsor invalidating your entries and removing them from ATC at the Sponsor’s sole discretion.
The prizes are as specified on the Website. The prizes are non-transferable. The Winner(s), upon acceptance of the prize, is solely responsible for all expenses related to the prize, including without limitation any and all local, state, and federal taxes. The Winner(s) shall not transfer the assignment of the prize to others. By accepting the prize, the selected Winner(s) grants permission for the Sponsor to use the Winner’s likeness, entry, and name for purposes of advertising and trade without further compensation, unless prohibited by law. The Winner(s) must provide the Sponsor with a valid taxpayer identification number before the Sponsor can award the prize.
7. Selection and Notification of Winner(s)
The Winner(s) will be selected by a panel of leading choral experts under the supervision of the Sponsor. The Sponsor will notify the Winner(s) by email within days following the Winner(s) selection. The Sponsor is not responsible for nor shall have any liability for the Winner’s failure to receive notices due to email security settings that may cause notifications to be marked as spam or junk email. Nor shall the Sponsor be liable for the Winner’s provision of incorrect or otherwise non-functioning contact information. If the Winner
fails to claim the prize within 15 days from the time the award notification was sent,
is found ineligible, or
does not complete and return an executed declaration and release within the specified timeframe, the prize may be forfeited and an alternate Winner may be selected.
Receipt of a prize (offered in ATC) by the Winner(s) is upon the condition of compliance with any and all federal, state, and local laws and regulations. IF THE WINNER VIOLATES ANY OF THESE OFFICIAL RULES, THE WINNER(S) (AT THE SPONSOR’S SOLE DISCRETION) WILL BE DISQUALIFIED, AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You
By submitting an audio, video, or audiovisual recording and form entry into ATC (“Submissions”), You understand and agree that the Sponsor, any individual acting on the Sponsor’s behalf, and the Sponsor's successors, and assigns shall, where permitted by law, have the right and license to print, publish, broadcast, distribute and use in any media known now or hereafter developed, in perpetuity, worldwide, and without limitation, your submission, name, photo, portrait, voice, likeness, image, statements about ATC, and your biographical information for news, publicity, advertising, promotional purposes, trade, information, and public relations without any further notice, review, consent, compensation, or remuneration. By participating in ATC, You hereby grant FeelitLIVE, Inc. a worldwide, perpetual, fully assignable, royalty-free right and license, with the right to sublicense as necessary to perform its obligations hereunder, to do the following:
create preview clips and artwork from your Submissions and make available your preview clips and artwork via the FeelitLIVE Service to users;
encode, transcode, compress or convert your Submissions into any format, any bit rate, and using any Codec now known or later developed;
store your Submissions on one or more servers in order to deliver Streams, display your Submissions to users, and for routine archival purposes;
use and publish, and to permit others to use and publish, the name(s), trademarks, likenesses, and biographical materials of you and all persons rendering services in connection with your Submissions, in connection with the FeelitLIVE Services;
edit, reproduce, distribute, publicly perform, stream, display, transfer and host your Submissions; and
edit and reproduce any musical compositions that may be embodied in the Submissions.
Such rights and licenses will apply to any form, media, or technology now known or hereafter developed.
By distributing or disseminating Submissions through the FeelitLIVE Service, you hereby grant to each user of the FeelitLIVE Service that is authorized to access your Submissions a perpetual, personal, non-exclusive license to access and view your Submissions.
FeelitLIVE will not be obligated to account for or pay performance, mechanical or other royalties to you. All rights granted to FeelitLIVE hereunder may be exploited by FeelitLIVE in perpetuity without any limitation as to time, territory, and/or manner of exploitation free of any rights of third parties.
This also includes the right to exploit the Submissions in the context of online and especially Internet registrations of any kind and of any system, regardless of the way of transmission and business model, and to use, upload, and distribute these Submissions in databases, networks (e.g. Internet and all its services) or anything similar of any kind and especially to disseminate and transmit these Submissions to users of databases/ networks via cable or other ways of transmission for the purpose of perception and/ or reproduction and/ or distribution against payment or free of charge. This also includes the right to publicly perform or broadcast the Submissions by private or public broadcast stations, including digital radio services, via cable, satellite, or other technical transmission services either against payment or free of charge (including the right to collect in FeelitLIVE’s own name broadcast fees accruing in connection with the public performance or broadcast of the Submissions). FeelitLIVE’s rights also include the right to edit and/or alter the Submissions (e.g., by producing mixes or remixes), to couple the Submissions with other recordings (e.g. with recordings of other artists), and the right to release and sell the Submissions on so-called “special product” audio- or audio-visual carriers. Furthermore, FeelitLIVE shall be entitled to grant synchronization rights in the Submissions for movies, videos, TV and/or movie commercials, image films, etc., to translate them into other languages, to use them for multimedia purposes of any kind, or to rearrange them in any other way (e.g. to create remixes or do sampling). This also includes the exclusive right to use the Submissions in games /PC games as well as other and also interactive multimedia productions (incl. so-called “websites”) for goods, services, and advertising purposes of any kind.
Finally, this includes the non-exclusive right to use the artist(s) name as well as images of the artist(s) in the context of the exploitation and the advertising and promotion measures mentioned above. FeelitLIVE does not pay any money to the artist(s) for the exclusive grant of rights mentioned above. The artist(s) accepts explicitly that the positive promotion effect resulting from the exploitation of the Submissions by FeelitLIVE represents an adequate return service for this transfer of rights.
In its sole discretion, the Sponsor reserves the right to modify, suspend, cancel, or terminate ATC should non-authorized human intervention, a bug or virus, fraud, or other causes beyond the Sponsor’s control, impact or corrupt the security, fairness, proper conduct, or administration of ATC. The Sponsor, in the event of any of the above issues, may determine the Winner(s) based on all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor. Individuals who tamper with or attempt to tamper with the operation or entry process of ATC or Website or violate these Terms & Conditions will be disqualified by the Sponsor, in its sole discretion. In its sole discretion, the Sponsor has the right to maintain the integrity of ATC, to void votes for any reason, including, but not limited to identifying any disallowed entry methods that will result in votes/entries being voided; examples: multiple entries from the same user; multiple entries from the same computer beyond the number allowed by ATC Official Rules; or the use of bots, macros, scripts, or other technical means for entering. Attempts by any Entrant to deliberately damage any Website or undermine the legitimate operation of BTC may be a violation of criminal and civil laws. If any such attempt is made, the Sponsor reserves the right to seek punitive action and damages to the fullest extent permitted by law.
10. Limitation of Liability and Representations and Warranties
Your entry into ATC constitutes Your agreement to release and hold harmless the Sponsor and its subsidiaries, representatives, affiliates, directors, officers, employees, partners, contractors, third-party partners, licensors, suppliers, advertising and promotion agencies, agents, successors, or assigns against and from any and all claims, liability, illness, injury, death, litigation, loss, or damages that may occur, directly or indirectly from participation in ATC and/or the:
Winner(s) accepting, possessing, using, or misusing of any awarded prize or any portion thereof;
any type of technical failure;
the unavailability or inaccessibility of any transmissions, phone, or Internet service;
unauthorized intervention in any part of the entry process or the competition;
electronic error or human error in the competition administration or the processing of entries.
Under no circumstances, including, but not limited to, negligence, will FeelitLIVE or its subsidiaries, representatives, affiliates, directors, officers, employees, partners, contractors, third-party partners, licensors, suppliers, advertising and promotion agencies, agents, successors, or assigns be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to these Terms and Conditions or that result from your use or your inability to use the materials (including Submissions) on the FeelitLIVE Services or any reference sites, or any other interactions with FeelitLIVE, even if FeelitLIVE or a FeelitLIVE authorized representative has been advised of the possibility of such damages.
In no event will FeelitLIVE or its subsidiaries, representatives, affiliates, directors, officers, employees, partners, contractors, third-party partners, licensors, suppliers, advertising and promotion agencies, agents, successors, or assigns total liability to you for all damages, losses, and causes of action arising out of or relating to these Terms and Conditions or your use of the FeeelitLIVE Services or your interaction with other FeelitLIVE Services users (whether in contract, tort including negligence, warranty, or otherwise), exceed the amount paid by you, if any, for accessing the FeelitLIVE Services during the twelve (12) months immediately preceding the date of the claim or fifty pounds, whichever is greater.
These limitations of liability also apply with respect to damages incurred by you by reason of any products or services sold or provided on any third party sites or otherwise by third parties other than FeelitLIVE and received through or advertised on the FeelitLIVE Services or received through any reference sites.
The FeelitLIVE Services are provided “AS IS,” without warranties of any kind. We expressly disclaim any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. We shall have absolutely no liability in connection with the services, including without limitation, any liability for damage to your hardware, software, and business resulting from the FeelitLIVE Services.
We make no warranty, representation or guaranty as to FeelitLIVE Services. We make no warranty, representation or guaranty that the FeelitLIVE Service will be uninterrupted or error-free or that any defects can be corrected.
11. Governing Law, Jurisdiction, and Disputes
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions or the Sponsor will be filed only in the state or federal courts in and for San Mateo County, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
The Entrant agrees, as a condition of participating in this promotion, that if any disputes cannot be resolved between the Entrant and the Sponsor, and if causes of action arise out of or are connected with this competition, they shall be individually resolved exclusively before a court having jurisdiction, without resorting to any form of class action. Under no circumstances in any such dispute shall the participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with entering this competition). The participant waives all rights to have damages multiplied or increased.
13. Data and Data Protection
FeelitLIVE is the sole owner of all data it observes or collects during or after the conduct of ATC as part of providing the Sponsor Services. Any information that Entrants share with the Sponsor will be kept secure and only used in line with these Terms and Conditions unless the Entrant has opted into future marketing from the Sponsor. By entering ATC, Entrants agree that their information may be used by the Sponsor to administer all aspects of ATC.
14. Agreement and Acceptance
By checking the Terms and Conditions box on the submission form, You, the Entrant, have affirmatively reviewed, accepted, and agreed to all of the above Terms and Conditions and the Official Rules.