NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. THIS PROMOTION IS A SKILLS-BASED COMPETITION. ODDS OF WINNING DEPEND ON THE NUMBER AND SKILL OF PARTICIPANTS.
SPONSOR: The sponsor of the Moises Jam Sessions (the “Promotion”) is Moises Systems Inc. d/b/a Music AI 4001 South 700 East, Suite 500 Salt Lake City Utah 84107 (“Sponsor”).
PROMOTION DESCRIPTION: The Promotion begins on February 1, 2024 at 12:00 a.m. Mountain Standard Time (MST) and ends on February 15, 2024 at 11:59 a.m. Mountain Standard Time (MST) (the “Promotion Period”). Entries must be entered during the Promotion Period to be eligible to receive a prize. Sponsor will determine the timing of entries in its sole discretion. Sponsor reserves the right to modify or discontinue the Promotion (including modifying these Official Rules) at any time at its discretion.
ELIGIBILITY: To enter the Promotion, you must have a valid Instagram or TikTok account and be thirteen (13) years of age or older in your jurisdiction of residence at the time of entry (each an “Entrant”). If you are under the age of majority in your jurisdiction, you represent and warrant that your parent or legal guardian has read and agreed to these Official Rules. Promotion is void in any locations where restricted or prohibited by law or where registration, bonding, or local judging is required. You are not authorized to participate in the Promotion if you are physically located within any such location. Employees, officers, directors, agents, affiliates and representatives of Sponsor and other participating partners, including their affiliated companies, parents, subsidiaries and advertising and promotion agencies (collectively, “Released Parties”), and their immediate families and members of their households are ineligible to participate in this Promotion. The Promotion is subject to all national, state and local laws. The eligibility of Entrants shall be determined by Sponsor in its sole discretion.
HOW TO ENTER: During the Promotion Period, Entrants must upload and post to Instagram or TikTok a video of the Entrant’s original, creative rendition of the song shared by Sponsor for the Promotion on the Moises platform (the “Promotion Song”), and include the following hashtags in the post: #MoisesJamsContest (an “Entry”). For example, your Entry can be a remix, cover, or brand-new version of the Promotion Song, or your Entry can be a video of you playing or singing along with all or certain portions of the Promotion Song. However, each Entry must be in video format, be the Entrant’s original, previously unpublished work, and include only original content and/or content from the Promotion Song.
Entries may not contain any third-party material or any identifiable third-party brands. Entries may not contain images of any individuals who are eighteen (18) years of age or younger (other than Entrant) or who have not provided their authorization. Entries may not contain material that is obscene, defamatory, libelous, threatening, pornographic, racially or ethnically offensive, or that violates any law. Entries may not violate the rights of any third party, or require that Sponsor obtain any permission from or make any payment to any third party for the use of an Entry. Entries must be appropriate for viewing by the general public, as determined by Sponsor.
There is no limit to how many entries an Entrant can submit. Sponsor shall determine, in its sole discretion, whether an Entry meets the eligibility criteria to participate in the Promotion. Sponsor reserves the right to reject any Entry for any reason. Sponsor’s decisions regarding eligibility and all other aspects of the Promotion are final and binding. In the event of a dispute as to the identity of an Entrant, the Entrant will be the authorized account holder of the social media account submitted at time of Entry. "Authorized account holder" is defined as the natural person who is assigned to an email address or account by an Internet access provider, social media platform, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses or accounts for the domain or social media account associated with the Entry. In the case of ongoing dispute as to the identity of an Entrant, Sponsor has the right to determine the identity of the Entrant in its sole discretion.
PRIZES AND WINNER SELECTION: There will be one winner during the Promotion Period. Sponsor will judge the Promotion entries to select ten (10) to twenty (20) finalists (each, a “Finalist”). The musician or artist judge selected by Sponsor will review the Finalist entries and will select the winner. During judging, entries will be judged according to the following equally weighted evaluative criteria (the “Judging Criteria”):
- Creativity (20%): Entries must show a unique and innovative reinterpretation of the original song; mimicking won't score high in the judging process.
- Sound Quality (20%): Submissions need to have crisp, clear, and high-quality audio. Inaudible or distorted sounds will affect your final score.
- Video Quality(20%): When submitting videos, it is important to ensure that they have high-quality footage with proper lighting and clear visuals.
- Moises Usability (20%): Entrants should show exemplary use of the Moises platform in creating their entries. Seamless incorporation of our features into your work will be rewarded.
- Overall Impact:(20%): Each Entry should have cohesive audio-visual impact that resonates with judges on a technical and emotional level.
Winner will receive premium access to the Moises App for 40 years. The approximate retail value (“ARV”) of the prize is $1,600. The difference between any stated value and actual value will not be awarded to winner. Winner is responsible for all taxes, charges and fees associated with the receipt and/or use of the prize. No more than the stated number of prizes will be awarded.
NOTIFICATION: The winner will be announced within approximately 15 days following the end of the Promotion Period. Entrants may be contacted by Sponsor by social media account and/or other means in connection with the Promotion. Any notification returned as undeliverable may result in disqualification at Sponsor’s sole discretion. Winner must then respond to Sponsor within 15 days. Should a winner fail to respond to Sponsor, Sponsor reserves the right to disqualify that winner and select a new one. Winner may be required to execute and return an Affidavit of Eligibility/Release of Liability/Publicity Releases (where legal) subsequent to the notification attempt. If a winner fails to return the required documentation by the specified deadline, the prize may be forfeited and an alternate winner determined by Sponsor. Acceptance of any prize constitutes permission to use the winner’s entries and his/her name, personal information and likenesses without further compensation, except where prohibited by law. Entry constitutes Entrant’s permission to use entries and his/her name, personal information and likenesses without further compensation, except where prohibited by law.
ODDS: Because this is a contest of skill, the odds of winning depend on the number of eligible entries received during the Promotion Period and the quality of the entries submitted.
INTELLECTUAL PROPERTY: Ownership of the underlying intellectual property of each Entrant remains the property of its rightful owner, and no transfer of ownership shall be affected by virtue of participation in the Promotion. Each Entrant hereby grants Sponsor the irrevocable, worldwide, royalty-free, fully transferable right and license to reprint, copy, transmit, display, reproduce, perform, use, create derivative works from, and exhibit any Entry and/or materials and information submitted by such Entrant. This grant of right and license will be exclusive with respect to the Entry and non-exclusive with respect to any other material or information. Each participating Entrant hereby represents and warrants that any Entry and other materials and information provided by Entrant, other than the copyright rights in the original Promotion Song, are original to Entrant and do not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity, and do not violate any laws, rules or regulations. If the Entry or information or materials provided by Entrant contain any content or elements that are not owned by Entrant and/or which are subject to the rights of third parties, Entrant represents that, other than as to the copyright rights in the original Promotion Song, he or she has obtained, prior to submission of the Entry and information or materials, any and all releases and consents necessary to permit use and exploitation of the Entry and information and materials by Sponsor without additional compensation of any kind.
Each Entrant represents and warrants that the Entry and materials and information provided do not contain information considered by Entrant, Entrant’s employer, employees or personnel, or any other third party to be confidential. Entrant agrees that Sponsor has the right to verify the ownership and originality of all entries and that, upon Sponsor’s request, Entrant must submit a written copy of any release or permission Entrant has received from a third party granting Entrant the right to use such property. Entrant understands and acknowledges that in the event Entrant is selected as a winner based on an Entry, and Entrant’s ownership, rights and the originality of the Entry cannot be verified to the satisfaction of Sponsor in its sole discretion, or is in any other way ineligible, Sponsor may select an alternate winner.
GENERAL RULES: By participating in this Promotion, Entrants agree to be bound by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. Sponsor is not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by the equipment, platform, or software associated with or utilized in this Promotion or by any human error which may occur in the processing of entries in this Promotion. Sponsor reserves the right at its sole discretion to disqualify any Entrant that it suspects tampers or attempts to tamper with the Entry process or the operation of the Promotion or any website, including without limitation, the Promotion website; violates these Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or fails to provide complete and accurate information required for payment of incentives and/or tax reporting purposes. Sponsor also has the right, in its sole discretion, to maintain the integrity of the Promotion, to void votes for any reason, including, but without limitation multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by these Official Rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and/or civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person and Entrant to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion if it is not capable of running as planned, including, but not limited to, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures or any other problems beyond the control of Sponsor, and, at its option, award the prize from among all eligible entries received prior to cancellation.
DISCLAIMER AND LIMIT OF LIABILITY: SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR ANY ENTRANT’S PARTICIPATION IN THE PROMOTION. SPONSOR AND RELEASED PARTIES (AS DEFINED ABOVE) SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE PROMOTION, OR WINNING OR USE OF A PRIZE, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) THE USE OR DOWNLOADING OF ANY SOFTWARE OR MATERIAL IN CONNECTION WITH THIS PROMOTION; (V) TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING OF THE OFFER, ADMINISTRATION OF THE PROMOTION, OR IN THE ANNOUNCEMENT OF THE PRIZE; AND (VI) ANY OTHER CONDITION THAT MAY CAUSE THE PROMOTION TO BE DISRUPTED OR CORRUPTED. SPONSOR RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE PROMOTION, ALTER THE RULES OR CANCEL OR SUBSTITUTE THE PRIZE FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, OR OTHER UNFORESEEABLE OR UNCONTROLABLE EVENT ALTERS OR CORRUPTS THE ADMINISTRATION OF THE PROMOTION, OR THE AWARDING OR USE OF THE PRIZE. IF TERMINATED, SPONSOR MAY AWARD THE PRIZES FROM AMONG ALL NON-SUSPECT, ELIGIBLE ENTRIES RECEIVED FOR THE PROMOTION UP TO THE TIME OF SUCH ACTION.
RELEASE: BY ENTERING THE PROMOTION, EACH ENTRANT RELEASES AND AGREES TO HOLD HARMLESS SPONSOR, INSTAGRAM, TIKTOK, AND OTHER APPLICABLE SOCIAL MEDIA PLATFORMS AND RELEASED PARTIES (AS DEFINED ABOVE) FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (I) ENTERING THE PROMOTION; (II) ACCEPTANCE OR USE OF ANY PRIZE; AND (III) OTHERWISE ARISING OUT OF OR RELATING TO THE PROMOTION.
CHOICE OF LAW; VENUE: This Promotion and the rights and obligations of Sponsor and participants will be governed by and controlled by the laws of the State of Utah, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. (1) Any and all disputes, claims, and causes of action arising out of or connected with the Promotion, or any benefits received, or the administration of the Promotion not resolved through internal adjudication shall be resolved individually, without resort to any form of class action, and exclusively by arbitration, to take place in the State of Utah pursuant to the Rules of the American Arbitration Association, then effective; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Promotion and in no event shall Entrant by entitled to receive attorneys’ fees or other legal costs; and (3) under no circumstances will a participant be permitted to obtain awards for and participants hereby waive all right to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
WINNERS LIST: Individuals may request the name of winners by submitting a self-addressed, stamped, envelope to Moises Jam Session Contest Winners List Request, Moises Systems Inc., 4001 South 700 East, Suite 500 Salt Lake City Utah 84107.
NO AFFILIATION WITH THIRD PARTIES: This Promotion is sponsored and administered exclusively by Sponsor and is in no way sponsored, endorsed, administered by or associated with Instagram or TikTok.