HELL GIRL REMIX CONTEST
TERMS AND CONDITIONS
These rules (the “Terms” or the “Agreement”) outline the regulations for your participation in the remix contest (the “Contest” or the “Competition”) hosted by Hume, Inc. (“Hume”) and DEATHPIXIE (collectively, “Hume”) on https://deathpixiemusic.us (the “Website”). By entering the Contest, you (“You” or “Your” or “Participant”) acknowledge that you have read these Terms and agree to be bound by this Agreement, and the decisions of Hume, which are final and binding in all respects.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER THE CONTEST. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
How to enter:
An eligible individual may enter the Contest by taking the following steps:
Use the corresponding button to enter (“Enter contest”, and “Enter Email” to Receive the Song Stems).
Download the HELL GIRL Stems (the “Sounds”) of the eligible song made available for the purpose of being remixed (the “Eligible Song”) located on the Website page.
Create a remix (the “Remix”) using some or all of the Sounds and any other material that You own, was created by You, that You control the intellectual property rights to, and/or any publicly available royalty free material.
Upload the Remix to Your TikTok, Instagram or Soundcloud (account must be public) with the Hashtag #HELLGIRLremixcontest by February 29, 2024 at [9PM Pacific Standard Time] to be eligible for Entry. TikTok, Instagram, and SoundCloud are in no way affiliated with the Contest or Prize. By creating and using a TikTok, Instagram or SoundCloud account, You are subject to their Community Guidelines and Terms of Service.
Grant of sublicense
Third party owners of the intellectual property to the Eligible Song (our “Partners”) have granted Hume, among other rights, the right to sublicense the Eligible Song to You in connection with the Contest, subject to the terms and conditions of these Contest Terms.
Hume grants Participants who have properly submitted a Remix to the Contest during the Contest Period a limited, revocable, non-exclusive, non-sublicensable, non-commercial license to store, use, copy, display, perform and run the Eligible Song for the sole purpose of remixing the Eligible Song subject to these Terms and for no other purpose whatsoever (the "Sublicense").
Duration of the Contest
The Contest shall be open between the dates specified on the Contest Page (the “Contest Period”). Entries to the Contest will only be accepted during the Contest Period. An entry will be accepted when the remix is posted to Instagram, Tiktok or SoundCloud with the Hashtag #HELLGIRLremixcontest.
Eligibility
This Contest is open solely to individuals who are 18 years of age or older at the time of entry. Employees, officers, directors, or agents of Hume or any of their partners, related companies, agencies, or agents, as well as the immediate family (defined as spouse, parents, siblings, children, and grandparents) and same household members of any such employee, officer, director, or agent, are not eligible to participate. All applicable federal, state, and local laws and regulations apply. This Contest is void where prohibited or restricted by law.
Hume will not consider incorrect, fraudulent, incomplete, late, or otherwise non-conforming entries or entries that are intended to annoy, abuse, threaten, or harass any person or entity in any way. Limit of one (1) entry per person per Contest; multiple entries by any one individual are void. Entries generated by macro, script, or other automated means are void. Any entrant using fraudulent means to participate in a Contest will be disqualified and may be guilty of violating applicable criminal laws. All entries, once provided, are Hume’s sole and exclusive property. Eligibility is at the exclusive discretion of Hume, and Hume shall be entitled to reject any entrant for any reason or no reason at all without having to provide an explanation. Hume reserves the right, in its sole discretion, to cancel, suspend, or terminate a Contest for any reason and without prior notice to any Participant. In such instance, Hume may, if and as appropriate, select a winner using reasonable means that are materially consistent with the Contest in question.
The Contest is open only to individuals who, for the duration of the Contest Period:
Remix the song, and post it to their Instagram, Tiktok and SoundCloud via a static post or Reel (Your account must be public) by February 29, 2024 at [9PM Pacific Standard Time];
Use the Hashtag #HELLGIRLremixcontest on socials with the full song.
Only Remixes of Eligible Songs will be accepted for the purpose of entering the Contest. Any Remixes of songs that are not Eligible Songs will not be considered.
Entries may not be modified after being submitted. Hume shall not be responsible for and will void entries submitted but not received for any reason, including but not limited to lost, late, incomplete, or damaged entries, entries that are not uploaded due to technical issues, or unauthorized or fraudulent interference with the entry process.
By entering the Contest, You represent and warrant to Hume that you meet the foregoing criteria. Hume reserves the right to require proof of age and jurisdiction of residence prior to awarding the potential Winner with a Prize.
Prizes
One potential Winner will be selected by Hume. The prize for the Contest (the “Prize”) shall be a $250 Gift Card. Prizes are non-transferable, non-refundable and cannot be sold or exchanged for cash.
Determination of the Potential Winner
The potential winner of the Contest (the “Winner”) shall be determined by Hume in their sole discretion based on their subjective review of the creativity, artistic addition and sound production of the Remixes submitted to the Contest. Hume shall determine a potential Winner within thirty (30) days after the Contest Period has ended.
Provision of Prize
The potential Winner of the Contest shall be notified by Hume at the contact information they submitted when entering the Contest within fourteen (14) days of Hume being notified by Hume of the potential Winner’s identity. Hume is not responsible for digital communications that are undeliverable as a result of any filtering of any kind, insufficient space in a Participant's account, or any other failure beyond its reasonable control.
Any potential Winner will forfeit his or her Prize if he or she: (1) fails to respond in a timely fashion to any of Hume’s requests for information or signatures with respect the Contest or the Prize; (2) cannot be reached at the information provided by such individual; (3) rejects the Prize (or it is returned undeliverable through no fault of Hume); or (4) is disqualified from the Contest for any reason. In the event of any forfeiture hereunder, an alternate winner will be selected. Prize winners are solely responsible for all applicable: (1) federal, state, and local taxes; and (2) out-of-pocket expenses, associated with Prize acceptance and use. Prizes will not be substituted by Hume for cash or other merchandise pursuant to any Prize winner's request. Hume, however, reserves the right to substitute alternate Prizes of comparable or equal value in its sole discretion. Subject to applicable law, Prizes are offered "as is" without any express or implied warranty of any kind or nature, including without limitation, any warranty respecting condition, merchantability, quality, title, or fitness for a particular purpose. Hume is not responsible for replacing any damaged Prizes unless such damage is caused by Hume. Winners must look to the Prize's manufacturer, as applicable, for potential guarantees or warranties of any kind.
In order to claim the Prize the Winner must, if requested, provide Hume with (the "Winner's Materials") :
Proof of age and jurisdiction of residence
Any information reasonably necessary to allow Hume to provide the Winner with the Prize, including as required, contact and banking information
Signed copies of any liability releases, publicity releases or other affidavits, intellectual property assignments, declarations, or additional documents that Hume may require.
After receiving the Winner’s Materials, Hume shall provide the Winner with the Prize within thirty (30) days, or if the description of the Prize on the Contest Page identifies a specific date by which the Prize would be provided, by that specific date. If the Prize for a Contest includes cash, payment of that portion of the Prize may be made to the Winner to the Winner’s account on the Website through the functionality provided by the Website.
Nomination of new Winner
If more than thirty (30) days have elapsed since Hume notified the Winner and the Winner has not responded or failed to provide the Winner’s Materials, or if at any time the Winner indicates he or she does not wish to accept or is not eligible to win a Prize, their Prize may be forfeited and Hume may determine a new Winner who may be provided the Prize through the procedures specified in this Agreement.
Publicity
Subject to applicable law, entrance in any Contest constitutes Your consent to Hume and Hume’s affiliates to use and display your Remix, name, voice, likeness, opinions, and biographical information for marketing, advertising, and publicity purposes in any media throughout the world at any time without the obligation to seek consent or to provide You with any payment or other form of consideration. You agree to execute any document reasonably required by Hume to effectuate the terms hereof and failure to do so shall give rise to Hume’s right to execute any and all such documents as Your attorney-in-fact, which right shall be coupled with an interest and therefore, irrevocable.
Disqualification
Hume reserves the right to disqualify any Participant from the Contest, in its sole discretion, for any of the following reasons:
Submitting any material to the Contest that is infected by computer viruses, bugs, bots or artificial intelligence, or engaging in any tampering, unauthorized intervention, fraud, technical failures, or any other actions which, in Hume’s sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Website or the Contest;
Submitting any false or misleading information to the Website or the Contest;
Violating the terms or conditions of these Contest Terms or Hume’s Terms of Service;
Taking any action that may be reasonably expected to expose Hume to disrepute or legal liability;
Submitting any material that contains any unauthorized third-party content, illegal, offensive or otherwise inappropriate content, was not created by Participant, material that has been previously published or made public by another, material that contains personally identifiable information of individuals other than Participant, or material that contains sensitive or confidential information.
Ownership of Materials added to the Remix
By entering into this Contest, You represent and warrant as follows: (1) that You fully own or have properly licensed all materials or information, including intellectual property rights, You submit hereunder in connection with the Contest and can make such submissions without violating any: applicable law, agreement with any third-party, and/or third-party right of any kind (including without limitation any intellectual property, data protection, privacy, or publicity right); and (2) that any and all materials or information provided by it hereunder shall be true and correct in all respects. Furthermore, without limitation on anything set forth herein to the contrary, Hume shall have the irrevocable, transferable, and fully sublicensable right and license (but not the obligation) to exploit any and all such materials or information in any manner it so elects to promote the Contest, its business, brand, products and/or services, throughout the world in perpetuity, and in any and all media, now or hereafter known. You hereby agree to indemnify and hold Hume harmless from any and all costs and expenses (including but not limited to reasonable attorney’s fees), loss, claim, liability or obligations arising out of any breach by You of the representations, warranties and covenants made herein.
Copyright Agent
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named in the Further Inquiries section below: (a) Your address, telephone number, and email address; (b) A description of the copyrighted work that you claim has been infringed; (c) A description of where the alleged infringing material is located; (d) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Dissemination of Remixes
By entering the Contest and creating a Remix, You agree not to share, transmit, make publicly available or in any way disseminate the Remix to any party other than Hume or the platforms listed in the Contest Page. For greater certainty, without limiting the generality of the foregoing, You agree not to upload Remixes to any Streaming Service like Spotify, Apple Music, or Youtube unless such platforms are listed on the Contest Page or unless specified otherwise by Hume.
Consent to receive communications
By entering a Contest, You consent to receiving communications from Hume relating to the Contest, including information about Your entry, information about the Contest, Prize details, and notices about other upcoming contests and releases.
Use of Collected Materials and Information
Hume will be collecting, storing, and exploiting personal data about Participants to administer Contests and exercise its rights hereunder, including without limitation, those relating to marketing and publicity. By entering into any of Hume’s Contests, You agree to Hume’s collection and use of Your personal information. Hume will not disclose any of Your personal information to any non-affiliated third party. For more information on Hume’s handling of personal information, see Hume’s Privacy Policy, a copy of which can be found at the following link: [https://www.wearehume.com/privacy-policy ]
Limitation of liability for handling of entry
You agree to hold Hume harmless from any claim relating to the failure to transmit or receive an entry to the Contest, or any distortion, corruption or other damage to your entry due to any cause, including technical issues related to the submission process.
Release and Indemnification
You hereby agree not to sue and irrevocably and unconditionally release, and forever discharge Hume, their past, present and future parents, subsidiaries (whether or not wholly-owned), affiliates, divisions, agents, representatives, employees, successors and assigns, from any and all manner of liabilities, claims and demands of any kind or nature, whatsoever, in law or equity, whether known or unknown, which You (or Your assigns, agents and/or representatives) ever had, now have, or in the future may have against them, including, but not limited to claims arising out of or related to Your participation in the Contest, including without limitation, any claims, demands and causes of action for invasion of privacy, false light privacy or violation of the right of publicity, defamation, infliction of emotional distress and any other tort in connection therewith, and any costs and expenses (including, without limitation, attorneys’ fees, court costs, settlement and disbursements), and you hereby waive the right to seek injunctive or other equitable relief against Hume for any such matter. You agree that you shall indemnify and hold harmless Hume from any loss or damage (including attorneys’ fees and costs) incurred by them in connection with any claim or lawsuit brought in connection with the matters released and discharged, or with any breach of Hume’s representations, warranties and agreements in this Agreement.
Limitation of Liability
IN NO EVENT WILL HUME AND/OR ITS PARENTS, SUBSIDIARIES, LICENSEES, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, ASSIGNS, AFFILIATES, OR RELATED COMPANIES BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF ANY PARTICIPANT'S PARTICIPATION IN THE CONTEST, THESE OFFICIAL CONTEST RULES, AND/OR ANY PARTICIPANT'S RECEIPT OF A PRIZE, NO MATTER UNDER WHAT THEORY ARISING, EVEN IF ANY PARTY HAS BEEN ADVISED OF THE POSSIBLY OF SUCH DAMAGES. HUME’S ENTIRE LIABILITY WITH RESPECT TO: ANY PARTICIPANT'S PARTICIPATION IN THE CONTEST, THESE OFFICIAL CONTEST RULES, AND/OR ANY PARTICIPANT'S RECEIPT OF A PRIZE SHALL BE LIMITED TO $500. SOME JURISDICTIONS MAY NOT ALLOW THE AFOREMENTIONED LIMITATIONS OR EXCLUSIONS OF LIABILITY AND AS SUCH, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Legal Advice
By entering into this Contest, you represent and declare that you have carefully read this Agreement and know the contents hereof, you have had the opportunity to obtain legal advice regarding the same, and that You enter the Contest freely and voluntarily.
Jurisdiction and Dispute Resolution
EXCEPT AS OTHERWISE PROVIDED UNDER THESE TERMS, ALL DISPUTES AND CLAIMS BETWEEN YOU AND HUME THAT ARISE OUT OF OR IN CONNECTION WITH, OR RELATE TO, THESE TERMS SHALL BE RESOLVED, AT THE FILING PARTY'S ELECTION, IN EITHER A SMALL CLAIMS COURT OR BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES AND SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES, WHICH ARBITRATION SHALL TAKE PLACE IN LOS ANGELES, CALIFORNIA. ALL DISPUTES IN ARBITRATION WILL BE HANDLED SOLELY BETWEEN THE NAMED PARTIES, AND NOT ON ANY REPRESENTATIVE OR CLASS BASIS. FURTHER, UNLESS BOTH YOU AND HUME AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM WITHOUT AFFECTING OTHER INDIVIDUALS.
YOU UNDERSTAND AND AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND HUME SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW. YOU UNDERSTAND THAT YOU AND HUME ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS BEFORE A JURY.
You have the right to opt-out and not be bound by the arbitration and waiver of class provisions set forth in these Terms by sending written notice of your decision to opt-out to legal@wearehume.com to the U.S. mailing address listed in the “Further Inquiries” section of these Terms. The notice must be sent to Hume within thirty (30) days of agreeing to these Terms (or if this Section pertaining to arbitration is materially amended hereafter, within 30 days of such amendment being effective), otherwise you shall be bound to arbitrate disputes in accordance with these Terms, and the notice must specify your name and mailing address.
California Residents
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
Injunctive Relief
You agree that a breach of these Terms will cause irreparable injury to Hume for which monetary damages would not be an adequate remedy and we shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
Modification
We reserve the right to revise these Terms, at any time and from time to time, for any reason, in our sole discretion, by any written announcement or notice or by posting updated Terms without advance notice to you (“Modifications”). These changes become effective immediately and, if you use or access the Website or participate in the Contest after they become effective, it will signify your agreement to be bound by the Modifications. It is your responsibility to monitor and periodically check for changes to these Terms by clicking the applicable link on the Website and consulting the “Last Modified” date at the bottom of this page.
Miscellaneous
The Terms incorporate the applicable Privacy Policy and any other terms applying to your use of the Website by reference. These Terms and the relationship between you and us shall be governed by the laws of the State of California, without regard to its conflict of law provisions. Subject to the terms of the Dispute Resolution section above, you agree to submit to the personal and exclusive jurisdiction of the courts located within Los Angeles County in the State of California. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Except as otherwise set forth herein, these Terms may only be amended by a written agreement executed by you and an authorized representative of Hume specifically referencing these Terms. Any waiver of any provision of these Terms by Hume must be made in writing and signed by an authorized representative of Hume and include the provision to be waived. Headings used in these Terms are for convenience only and are not to be relied upon. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. These Terms will inure to the benefit of, and are intended to be enforceable by, Hume’s successors, assigns and licensees. These Terms are subject to any supplemental, and superseded by any conflicting, terms and conditions included in any applicable Contest Page.
Further Inquiries
You may direct further inquiries about these Terms, or other issues, to:
Hume, Inc.
legal@wearehume.com
Attn: Deathpixie Remix Contest
Last Modified: February 5, 2024