Contest Rules

The “ contest” (the “Contest”) is held by Yokee Music Ltd, an affiliate of Stingray Group Inc. (the “Contest Organizer”) and is only accessible on the contest page available on the Yokee Karaoke and The Voice mobile applications (the “Contest Page”).

THE CONTEST IS INTENDED TO BE CONDUCTED IN AUSTRALIA, CANADA, DENMARK, FRANCE, GERMANY, INDIA, JAPAN, MEXICO, NORWAY, SOUTH KOREA, SPAIN, SWEDEN, SWITZERLAND, TURKEY, UNITED STATES, AND UNITED KINGDOM ONLY (INDIVIDUALLY, A “PARTICIPATING COUNTRY” AND COLLECTIVELY, THE “PARTICIPATING COUNTRIES”). PARTICIPANTS MUST BE OF THE AGE OF MAJORITY IN THEIR PROVINCE, STATE OR TERRITORY OF RESIDENCE AT THE TIME OF THEIR PARTICIPATION. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”).

1.       ELIGIBILITY

1.1           To be eligible for this Contest, an individual must be a legal resident in a Participating Country and have reached the age of majority in his/her province, state or territory of residence at the time of entry.

1.2           Employees of the Contest Organizer, its affiliates, related companies, or any distributor or company involved in the supply of the prize or any phase of the Contest administration, advertising and promotional agencies, if any, and the household members of any of the above, are not eligible to participate in the Contest.

1.3           To be eligible, the participant must have a valid account to the Yokee Karaoke and/or The Voice mobile applications (collectively, the “Mobile App”) at the time of his/her participation.

1.4           The Contest Organizer shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Contest Organizer for the purpose of the Contest must be truthful, complete, accurate and in no way misleading.

2.       CONTEST PERIOD

The Contest begins on ET (MM-dd-YYYY HH:mm) and ends on  ET (MM-dd-YYYY HH:mm) (the “Contest Period”), (the “Contest Period”), after which time the Contest will be closed and no further entries shall be accepted.

3.       HOW TO ENTER

NO PURCHASE NECESSARY.

3.1           During the Contest Period, the participant must (i) go on the Contest Page; (ii) choose a song among the songs made available on the Contest Page; (iii) perform such song with the Mobile App in accordance with the Guidelines (as defined below) (the “Performance”); (iv) share the Performance on the Contest Page; and (v) complete and submit the entry form located on the Contest Page (the “Entry form”). No entries will be accepted by any other means.

3.2           Limit of five (5) entries per participant. In the case of over five (5) entries, only the first five (5) eligible entries will be considered.

3.3           Entries must be received no later than the end of the Contest Period. Entries will be declared invalid if they are late, illegible, damaged or irregular. No communication or correspondence in connection with the Contest will be exchanged with participants except with the selected participant.

3.4           Entries shall be deemed to be submitted by the authorized holder of the Mobile App account associated with the entry. The selected participant may be required to provide the Contest Organizer with proof that he/she is the authorized account holder associated with the winning entry.

4.       PERFORMANCES

4.1           All Performances must meet the following guidelines (the “Guidelines”):

4.1.1       The Performance must be an original creation and be created solely by the participant for the Contest. Reproducing, modifying, enhancing or altering a pre-existing work does not qualify as an original creation;

4.1.2       The Performance must not defame, misrepresent or contain disparaging remarks about the Contest Organizer, its affiliates and related companies, or any of their products and services, or other products or entities, or communicate messages inconsistent with the positive images and/or goodwill associated with the Contest Organizer and its affiliates and related companies, as determined by the Contest Organizer in its sole discretion;

4.1.3       The Performance must not contain any content that is or contains: unlawful behaviour, profanity, explicit sexuality, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, or is otherwise offensive or objectionable, as determined by the Contest Organizer in its sole discretion;

• 4.1.4       The Performance must not infringe on the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased;

4.1.5       The Performance must be submitted by the end of the Contest Period in digital format and be of good sound and video quality.

The Contest Organiser reserves the right to verify the compliance of any Performance with the Guidelines at any time during the Contest Period and to disqualify and remove from the Contest page any non-compliant Performance at its sole discretion, without notice.

4.2          By submitting a Performance, each participant (i) grants to the Contest Organizer an irrevocable, non-exclusive, royalty-free and worldwide license in perpetuity to reproduce, store, copy, broadcast, display, distribute, edit, alter, combine with other material, publish, post, commercialize and/or otherwise use all or any part of the Performance in any manner and media whether now known or hereafter devised, including without limitation for promotional purposes; and (ii) waives any and all moral rights that he/she has or may have in and to the Performance with respect to the uses contemplated herein to the benefit of the Contest Organizer.

4.3           By submitting a Performance, each participant warrants and represents that: (i) the Performance is an original work, created solely by him/her, and over which he/she has all necessary rights, titles and interests, including copyright, subject to the publishing rights in and to the musical compositions embodied in such Performance; (ii) the Performance has not been previously used in any other contest; (iii) individuals featured in the Performance, if any, have granted to the participant an irrevocable, non-exclusive, royalty-free and worldwide license or authorization in perpetuity to reproduce, store, copy, broadcast, display, distribute, edit, alter, combine with other material, publish, post, commercialize and/or otherwise use all or any part of their name, voice and/or likeness in the Performance in any manner and media whether now known or hereafter devised; (iv) the Performance complies with the Guidelines; (v) except for any applicable publishing rights, no fees or royalties shall be payable by the Contest Organizer for the use of the Performance as contemplated herein, including to any artist, musician, guild, association, union, producer or any other third party; (vi) the Performance is not subject to the jurisdiction of any union, guild or collective rights society.

5.       PRIZE

5.1       There is one (1) prize available to be won. The prize consists of a and has a total approximate value of dollars (CDN $ ).

5.2           The winner acknowledges that the only warranty applicable to its prize is the manufacturer’s usual warranty and the one provided by the prize supplier, if any.

5.3           The prize will only be awarded if at least twenty (20) eligible participants entered the Contest during the Contest Period.

5.4           The Contest Organizer reserves the right, in its sole discretion, to substitute a prize of equal or greater value if the prize (or any portion thereof) cannot be awarded for any reason. There will be no compensation if the prize (or any portion thereof) is not used by the winner. In no event shall the Contest Organizer be required to award more prizes than the number of prize(s) indicated in these Contest Rules or to award a prize otherwise than in compliance with these Contest Rules.

6.       VOTING PROCESS

6.1           All Performances will be posted on the Contest Page and will be subject to voting though “likes” by the community of the Mobile App during the Contest Period.

6.2           Limit () votes per performance, per person during the Contest Period.

6.3           The use of robotic or automatic devices for voting is strictly prohibited and the Contest Organizer reserves the right to nullify all such votes and to disqualify the responsible individual from voting. Any attempt by any person to vote more than the number of times authorized herein, using any third-party proxy voting services, using multiple names or e-mail addresses and/or any other fraudulent mechanism(s), including robotic, automatic, programmed or similar methods, shall give the Contest Organizer, in its sole discretion, the right to disqualify a Performance from the Contest. All Performances and the votes each Performance receives are subject to verification by the Contest Organizer and must meet all eligibility requirements before a Performance may be confirmed as the winner of the prize.

7.       SELECTION OF THE WINNER AND PRIZE CLAIM

7.1           On or about ET (MM-dd-YYYY HH:mm), a participant will be selected based on the Performance that has received the most votes (“likes”) among all eligible Performances received during the Contest Period. Odds of being selected depend on the number of eligible entries received by the Contest Organizer during the Contest Period.

7.2           THE SELECTED PARTICIPANT WILL BE NOTIFIED BY THE CONTEST ORGANIZER BY E-MAIL NO LATER THAN ET (MM-dd-YYYY HH:mm), AND SHALL CONTACT THE CONTEST ORGANIZER BY E-MAIL WITHIN TWO (2) BUSINESS DAYS.

7.3           To be declared a winner, the selected participant shall: (i) comply with these Contest Rules; (ii) to the extent permitted by law, complete and sign the Declaration and release form (as defined in Section 8 below) that the Contest Organizer will provide him/her by e-mail, within two (2) business days from its receipt; and (iii) correctly answer the mathematical skill-test question on the Declaration and release form.

7.4           The Contest Organizer and the winner will determine the date and manner of delivery of the prize (post or hand delivery). The prize must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except as determined by the Contest Organizer.

7.5           If the selected participant fails to comply with any of the conditions set forth in the Contest Rules, he/she will be disqualified and will not receive the prize, which may be awarded to another participant at the Contest Organizer’ sole discretion.

8.       DECLARATION AND RELEASE FORM

8.1       The selected participant will be required to fill out, sign and return to the Contest Organizer a declaration and release form that confirms: (i) his/her eligibility to the Contest and compliance with these Contest Rules, including without limitation Section 4 of such Contest Rules ; (ii) his/her acceptance of the prize as offered; and (iii) to the extent permitted by law, that he/she releases the Contest Organizer, its affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, sponsors, administrators, licensees, representatives, advertising and promotional agencies (collectively, the “Beneficiaries”), from any and all liability for any loss, harm, damages, cost or expense arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize, participation in the Contest, any breach of the Contest Rules, or in any prize-related activity (the “Declaration and release form”).

8.2       All Entry forms and Declaration and release forms become the sole property of the Contest organisers and none will be returned to participants for any reason.

9.       LIMITATION OF LIABILITY

9.1           The Beneficiaries assume no responsibility or liability (i) for lost, late, unintelligible, illegible, falsified, damaged, misdirected and/or incomplete entries, notifications and/or replies; (ii) for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions related to the use of the Contest Page or that may affect the transmission or non-transmission of an entry; (iii) for any incorrect or inaccurate information, whether caused by users of the Contest Page or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the administration of the Contest; (iv) for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries; (v) in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Contest Organizer, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest and/or the Contest Page; and (vi) in the event a prize is lost, stolen or delivered late. For the avoidance of doubt, this limitation of liability shall not apply to any damages caused by bodily or moral injury, or gross negligence.

9.2           By entering the Contest, and to the extent permitted by law, each participant releases the Beneficiaries from any and all liability for any loss, harm, damages, cost or expense arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize, participation in the Contest, any breach of the Contest Rules, or in any prize-related activity. Each participant further agrees, to the extent permitted by law, to release and hold harmless the Beneficiaries from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action that relates in any way to the Contest Organizer’s use of their Performance.

10.      PERSONAL INFORMATION

10.1        The Contest Organizer will collect, use and otherwise collect personal information provided by the participants (including without limitation his/her name or user name, as applicable, and e-mail address) for the sole purpose of administering the Contest. The Contest Organizer will process any such personal data in accordance with any applicable personal data protection rules and laws.

10.2        At any time, upon submitting a written request to the Contest Organizer at privacy@stingray.com, the participants may have the right to access the personal data relating to them, and, where appropriate and free of charge, to demand correction of any erroneous data, or to oppose any use of these data for direct marketing purposes or for serious and legitimate reasons. Any personal information provided to the Contest Organizer will be subject to its privacy policy which is available at: https://www.yokee.tv/privacy.

10.3        For the purposes mentioned hereinabove, the participants’ personal data may be communicated to the Contest Organizer’s affiliates worldwide, or to any contract partners or service providers. In the case of personal data collected on the European territory, such personal data will not be transferred to non-European Economic Area countries unless adequate data protection safeguards have been implemented.

10.4        By entering the Contest, the participants also agree to grant an irrevocable and royalty-free license and permission to the Contest Organizer to use their name, photograph, image, voice, statement and place of residence (as the case may be), for the purposes of the Contest conduct and for publicity and promotional purposes relating to the Contest, in any media and platform now known or hereafter devised, without limitation of time and territory.

11.      GENERAL

11.1     The Contest Rules are available on the Contest page during the Contest Period. The Contest Rules are applicable to each person who enters the Contest. Subject to the approval of the Régie des alcools, des courses et des jeux in Quebec if required, the Contest Organizer reserves the right to terminate the Contest, in whole or in part, and/or modify or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice.

11.2     The Contest Organizer reserves the right, in its sole discretion, to disqualify any participant found to be (i) violating the Contest Rules; (ii) tampering or attempting to tamper with the entry process or the operation of the Contest or the Contest Page; and/or (iv) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. The person in question may be reported to the competent legal authorities.

11.3        Subject to the following paragraphs, this Contest is subject to all applicable national, federal and provincial laws and regulations; unless otherwise provided at law, all actions, proceedings or litigation relating hereto shall be adjudicated in the judicial district of Montreal, province of Quebec, and the parties consent to such exclusive venue and jurisdiction.

11.4        For the residents of Germany, the Contest is organised in accordance with the Code of Conduct for Promotional Games of Chance. Complaints regarding compliance with the Code of Conduct for Promotional Games of Chance may be submitted in writing, by sending a letter to 9 Derech Haatzmaut St., Yehud, Israel, postal code: 563000.

11.5     For the residents of Quebec, any litigation with respect to the conduct or organization of the Contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation with respect to the awarding of the prize may be submitted to the Régie des alcools, des courses et des jeux only for the purpose of helping the parties to reach a settlement.

11.6     If any provision of these Contest Rules is held by any court or administrative tribunal of competent jurisdiction to be illegal or unenforceable under applicable law, such provision shall be excluded from these Contest Rules and the remaining provisions shall remain in full force and effect. The Contest Organizer’s failure to enforce any term of these Contest Rules shall not constitute a waiver of that provision.