Terms of Use – Yokee Christmas Promotion 2015

Section 1:  Legal Footer for use in any electronic advertising of the promotion.

NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.  Open to legal residents of the 50 U.S. (incl. DC) who are 18 years of age or older (and individuals between the ages of 15 and 17 having their parent’s permission to register). Ends 7/1/2016  at 11:59:59 PM PT. Famous Blue Media is the sole sponsor of and is solely responsible for the conduct of this Promotion.

Section 2:  Complete Official Rules for posting at promotion website and use in winner’s Affidavit

Famous Blue Media LTD (Yokee)

Christmas Promotion

Win:

  1. 1 X Amazon gift card valued at $300

  2. 2 X Amazon gift cards valued at $150

  3. 3x iRig Mic – see link

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN.

VOID WHERE PROHIBITED.

1) Promotion Description: Famous Blue Media LTD (the “Sponsor”) is offering “Holidays promotion” (the “Promotion”) and will determine winners based on the decisions of a judging panel. The Promotion begins December 10, 2015 at 12:00:01 PM Pacific Time (“PT”) and ends December 7 January, 2016 at 11:59:59 PM PT (“Promotion Period”). The Sponsor’s computer serves as the official timekeeper for the purposes of this Promotion.

By participating in this Promotion each entrant unconditionally accepts and agrees to the Sponsor’s Terms of Service (available at http://www.yokee.tv/terms/), its Privacy Policy (available at http://www.yokee.tv/privacy/) and these Official Rules and the decisions of the Sponsor, which shall be binding and final in all respects.  By participating in the Promotion, participants agree to release, discharge, and hold harmless the Sponsor and Promotion Entities (defined below) from any and all damages whether direct or indirect, which may be due to or arise out of participation in the Promotion or any portion thereof, or the acceptance, use/misuse or possession of prizes. Further, no responsibilities are accepted for any additional expenses, omissions, delays, re-routing, or acts of any government or authority.

2) Eligibility: The Promotion is open to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older (or the age of majority, whichever is older) or between the ages of fifteen (15) and seventeen (17) having their parent or legal guardian’s permission to enter. Additionally you must own an iOS or Android mobile device at the time of entry. The employees, officers, directors, contractors, representatives and agents of Sponsor and each of their immediate families (parent, legal guardian, grandparent, in-laws, child, sibling & spouse) and persons living in the same households as such individuals (whether related or not), are not eligible to participate in the Promotion. Void in Puerto Rico, all other U.S. territories and possessions and overseas military installations and where prohibited or otherwise restricted by law, rule or regulation. All federal, state and local laws and regulations apply.

3) Music Vocal/Video Submission Process: You must download the FREE “Free Karaoke! Sing karaoke on YouTube with Yokee” app on iOS or Karaoke, Sing and Record by Yokee on Android (collectively “App”) by providing your email address and creating a password and stage name). Create a music video recording of any of the songs from the Holidays and Christmas playlist  (“eligible Songs”). Saving your Vocal/Video Recording of an eligible songs (your “Vocal/Video Submission”) will constitute one (1) entry. There is a limit of one (1) entry per person. You must share your Vocal/Video Submission on Facebook, Twitter or Instagram with #YokeeXmas tag.Data and usage charges may apply; check your mobile plan for details.

By entering a Vocal/Video Submission in the Promotion you represent and warrant that your Vocal/Video Submission entry:  (a) is your original work, prepared and performed by you; (b) has not been copied in whole or in part from any other work; (c) does not infringe upon the copyright, privacy or publicity right or any proprietary or intellectual property rights of any third party; (d) is not obscene including but not limited to references or use of nudity, pornography, profanity, illicit drug use, gratuitous violence or any illegal or libelous activity; (e) does not depict the Sponsor or Promotion Entities in a derogatory or negative manner and does not depict the Sponsor or Promotion Entities in a derogatory, embarrassing false or negative light; (f) does not include the images of any object, location or building with a brand name or a logo; and (g) does not violate any law or regulation.

In Sponsor’s sole opinion, entries which do not meet one or more of these requirements and/or which Sponsor deems negative, offensive, controversial, or objectionable in any way will be disqualified and removed from the Promotion.  Without in any way limiting, expanding or amending the Terms of Service at http://www.yokee.tv/terms/ , which shall remain in full force and effect, if Sponsor is duly notified that any element of an entrant’s Vocal/Video Submission infringes upon the rights of another person or entity and/or receives a legally valid request to remove or invalidate the affected Vocal/Video Submission because of such infringement, such Vocal/Video Submission may be removed and disqualified from the Promotion, as Sponsor may determine in its sole discretion. No entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that such entrant’s Vocal/Video Submission has been or can be sufficiently cleared for legal purposes and such entrant has complied with the terms of these Official Rules.

4) Judging to Determine Potential Winners: At the end of the promotion period, the Vocal/Video Submissions will be considered and judged by Yokee management team (“Judging Panel”) and reviewed on the basis  of overall entertainment appeal, quality,creativity and production value; The Judging Panel will determine one (1) or more potential winners, (each a “Potential Winner”).  A Potential Winner is not eligible to be selected as an official winner (“Official Winner”) until his/her eligibility has been verified and Potential Winner has been notified that verification is complete. The decisions of the Sponsor and Judging Panel in all matters relating to this Promotion are final and binding. At Sponsor’s sole discretion, if an insufficient number of Entries are received, or if Vocal/Video Submissions received are of inadequate quality, Sponsor reserves the right NOT to select any Vocal/Video Submissions as winners.

5) Prizes:

One (1) Official Winner will receive the following prize bundle: $300 gift card (USD).

Two (2) Official Winners will receive the following prize bundle: $150 gift card (USD).

Three (3) Official Winners will receive the following prize bundle: iRig mic see link

* Prizes will be distributed only if at least 1000 recordings will be submitted.

All expenses not specifically mentioned herein are not included and are solely the Winner’s responsibility. Sponsor will not replace any lost, mutilated, or stolen gift cards or certificates. Prize is not redeemable for cash or transferable. No substitution allowed except, at Promotion Entities’ sole discretion, a prize of equal or greater value may be substituted. The prize cannot be used in conjunction with any other promotion or offer. Prize will not be fulfilled outside the United States and District of Columbia. Prize elements may not be separated. All taxes are solely the responsibility of the Winner.

6) Winner Confirmation: Judging will be completed on or about January 7, 2016 and Potential Winners will be contacted the same day judging is concluded at the e-mail address provided in his/her Yokee Account (“Winner Notification”). All Potential Winners will be provided with an Affidavit of Eligibility, a Liability/Publicity Release (unless prohibited by law) (collectively “Affidavit”). The Affidavit must be executed as directed and returned within (2) days of Sponsor’s Winner Notification. In completing the Affidavit, the Potential Winner will be required to send documentation of age and residency requirements to include a copy of a valid U.S. driver’s license (or birth certificate) and Social Security card or a valid U.S. Passport and green card.

If any Potential Winner is under the age of majority in his/her state of legal residency (“Minor”), his/her parent or legal guardian must complete the Affidavit on his/her behalf giving approval for acceptance of the prize.  Failure to comply with any of these provisions will result in disqualification and forfeiture of the prize. Return of Winner Notification as undeliverable for any reason will result in disqualification and forfeiture of the prize. In the event of a disqualification, at Sponsor’s sole discretion an alternate winner may be determined based on the same judging criteria set forth above.

7) Right to Use Your Work: By submitting an Entry, you: (a) represent and warrant that your Vocal/Video Submission is your wholly original work, not previously published, and does not incorporate or include anything that is owned by any third party or would require the consent of any third party and your Vocal/Video Submission does not violate any copyright, trademark, publicity right, privacy right or any other right of any third party; (b) agree to abide with all terms and conditions as set forth in these Official Rules; (c) automatically grant to the Sponsor an exclusive, world-wide, royalty free, irrevocable license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute and display your Vocal/Video Submission. The rights granted under this paragraph shall extend to the Sponsor and its affiliated companies with respect to all entries and all other submitted materials related to the Promotion, including those submitted by non-winners and winners, in perpetuity.

By submitting an Entry, you grant to the Sponsor and its affiliated companies the right to use your name, stage name, picture, address (city and state), voice, biographical information, and any written or oral statements, for advertising, promotional, and other purposes in promoting or publicizing the Sponsor, its products or services, without notice or compensation in perpetuity in any media now known or hereafter developed except where prohibited by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), e‑mail address, biographical information, or entry. The rights granted under this paragraph shall extend to the Sponsor, its affiliated companies with respect to all entrants in the Promotion, including non-winners and winners.

8) General:  All federal, state, and other taxes on prizes are the sole responsibility of the Official Winners.  All entrants agree to comply fully with each provision in these Official Rules.

Any person attempting to defraud or in any way tamper with this Promotion and any person who does not comply with these Official Rules, will be ineligible for any prize(s) and may be prosecuted to the full extent of the law.  No automated entry devices and/or programs permitted. Sponsor is not responsible for lost, late, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Sponsor.

Sponsor is not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, including without limitation with respect to any third party website or service, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Promotion, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Promotion or downloading any materials in this Promotion.

Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Promotion should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Promotion. In such case, Sponsor may determine the winners (based on the Judging process in #5 above) from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Promotion or web site.  Sponsor may prohibit an entrant from participating in the Promotion or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

9) Release of Liability and Issues of Law: By entering entrant releases Sponsor, Who Is Fancy, Meghan Trainor, Ariana Grande, Republic Records, Epic Records and each of their affiliates, affiliated and related entities, parents, partners, subsidiaries, and the shareholders, officers, directors, members, agents, representatives, contractors, employees and their successors and assigns, and all Promotion Entities associated with the development and execution of this Promotion and their respective employees, officers, directors and shareholders (collectively, the “Released Parties”) from any and all liability with respect to and in any way arising from entering and participating in this Promotion, including without limitation acceptance or use of prizes.

Entrants also agree that the Released Parties are not responsible or liable for any injury or damage to any entrant’s or third person’s computer system related to or resulting from entering the Promotion or the download of any materials associated with the Promotion (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction), either directly or indirectly.

Entrants agree that Released Parties shall not be liable for personal injuries, death, damages, expenses or costs or losses of any kind resulting from participation or inability to participate in this Promotion or parts thereof or acceptance of, use of or inability to use a prize or parts thereof including, without limitation, claims, suits, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.  Official Winners agree to release the Released Parties from any and all liability and responsibility with respect to the prize (including without limitation any property loss, damage, personal injury or death), including without limitation any travel in connection with the Promotion.  Official winners acknowledge the Sponsor and the Released Parties have neither made nor are in any manner responsible for any warranty, representation or guarantee, expressed or implied, in fact or in law, related to the prize.

Released Parties shall not be liable to a winner or any other person for failure to supply a prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Released Parties’ sole control.

All Federal, state and local laws and regulations are applicable. THE CALIFORNIA COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE PROMOTION AND THE LAWS OF THE STATE OF CALIFORNIA SHALL GOVERN THE PROMOTION. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. The Promotion is void where restricted or prohibited by law.

10) Information about the Winners:  Winners will be announced at http://www.yokee.tv/xmas-2015/winners on or about January 31, 2016.

11) Communication – Any questions or comments regarding this Promotion should be directed to the Sponsor via their support page at http://www.yokee.tv/support.

12) Sponsor:

Famous Blue Media LTD (Yokee)

9 Derech HaAtzmaut St,

Yehud, 5630004

Israel