SKIO ORIGINAL MATERIAL CONTEST TERMS

The terms (the “Terms” or the “Agreement”) govern your (“You,” or the “Entrant”) participation in the remix contest (the “Contest”) operated by the sponsor of the Contest SKIO Music Inc. (“SKIO”). By entering the Contest you agree that you have read these Terms and agree to be bound by them. Please read these Terms carefully as they form a binding legal agreement between You and SKIO.

  1. CONTEST ENTRY

    An eligible individual may enter the Contest by taking the following steps:

    1. Preparing an original song, album cover art, or other entry (an “Entry”) as further specified on the relevant Contest page (the “Contest Page”) of the SKIO website located at http://www.skiomusic.com (the “Platform”);
    2. uploading the Entry to the Platform as further specified on the Contest Page; and
    3. providing the necessary identifying information to enter the Contest on the Contest Page. (the materials referenced above collectively form your “Entry”).

    No purchase is necessary to enter the Contest or open an account on the Platform in order to access the Contest or enter the Contest.

  2. DURATION OF 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 SKIO’s computer servers record Your Entry information as submitted. The sole determinant of time for the purposes of determining the beginning and end of the Contest Period shall be SKIO’s computer servers. Any automatic computer receipt (such as a confirmation email) does not constitute proof of actual receipt of an Entry for the purpose of these Terms.

  3. ELIGIBILITY

    The Contest is open only to individuals who, for the duration of the Contest Period: 

    1. have an active account on the Platform;
    2. reside in a jurisdiction where the Contest is lawful;
    3. are over the age of majority and have the legal capacity to enter into a binding contract in the jurisdiction where they reside or who have entered into the Contest with the informed consent of a legal guardian if under the age of majority;
    4. read and agree to be bound by these Terms and any terms of use and privacy policies SKIO may have in place during the Contest Period; and
    5. are not employees, officers, directors or affiliates of SKIO or the Partners, or their immediate family members (meaning spouse, parent, child, sibling and their respective spouses, regardless of where they reside or those living in the same households) or other individuals living in the same household as these aforementioned individuals.

    The Contest is void where prohibited by law. By entering the Contest You represent and warrant to SKIO that you meet these criteria. SKIO reserves the right to require proof of age and jurisdiction of residence prior to awarding You with a Prize. 

  4. PARTICIPATION AND ODDS OF WINNING

    No purchase or payment of any kind is necessary to enter or win the Contest. Your odds of winning are affected by the number of qualifying Entries received and the quality of Your Entry.

  5. ONE ENTRY PER INDIVIDUAL

    Each individual eligible to enter the Contest may only provide one (1) Entry to the Contest. If an individual is determined, in SKIO’s sole discretion, to have provided more than one (1) Entry for the same Contest that individual’s Entries may be disqualified at the sole election of SKIO. . In the event that a submission period for the Contest is identified on the Contest Page, any Entry already submitted may be modified until the end of that submission period. Please note that this does not restrict the individual from submitting the Entry in a separate Contest operated by SKIO.

  6. PRIZES

    The prize for the Contest (the “Prize”) shall be determined by the third party or parties with whom SKIO partners to put forward the Contest (the “Partners”) or SKIO and will be displayed prominently on the Contest Page before the Contest Period begins. The approximate cash value of each Prize will also be provided, or where such a value is difficult to estimate a brief description of the Prize will be provided. Prizes are non-transferable, non-refundable and cannot be sold or exchanged for cash.

  7. DETERMINATION OF WINNER

    The winner of the Contest (the “Winner”) shall be determined by a guest judge or a panel of guest judges provided by SKIO or SKIO staff, as set out on the applicable Contest Page, in their sole discretion based on their subjective review of the Remixes submitted to the Contest. The guest judge or judges shall determine a Winner within fourteen (14) days after the Contest Period has ended. The individual whose entry is chosen as the winning entry shall be required to correctly answer a skill-testing mathematical question in order to qualify as a Winner and claim the Prize. Subject to section 10 below, the Contest shall have one Winner per Entry available in the Contest.

  8. PROVISION OF PRIZE

    The Winner of the Contest shall be notified by SKIO at the contact information they submitted when entering the Contest within fourteen (14) days of SKIO being notified by the Partners of the Winner’s identity. In order to claim the Prize the Winner must, if requested, provide SKIO with: 

    1. a correct answer to a skill-testing mathematical question provided by SKIO;
    2. proof of age and jurisdiction of residence;
    3. any information reasonably necessary to allow SKIO or the Partners to provide the Winner with the Prize, including contact and banking information;
    4. signed copies of any liability releases, publicity releases or other affidavits, intellectual property assignments, declarations, or additional documents that SKIO may require.

    (collectively the materials referenced in (a), (b) (c) and (d) above constitute the “Winner’s Materials”)

    After receiving the Winner’s Materials, SKIO shall provide the Winner with the Prize within thirty (30) days, or if the description of the Prize on the Contest Page identified 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 Platform through the functionality provided by the Platform.

  9. NOMINATION OF NEW WINNER

    If more than thirty (30) days have elapsed since SKIO notified the Winner as per section 8 above 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 the Partners may determine a new Winner who may be provided the Prize through the procedures specified in this Agreement.

  10. AVAILABILITY OF PRIZE

    SKIO makes no warranties or representations regarding the quality of a Prize or how closely the Prize delivered to You matches the description of the Prize on the Contest Page.You agree to indemnify and hold SKIO harmless from any and all costs and expenses (including but not limited to reasonable attorney’s fees and court costs), loss, claim, liability or obligations relating to a Prize, including without limitation the failure to receive a Prize as described on the Contest Page, or issues relating to the quality of a Prize.

  11. COLLECTION AND DISSEMINATION OF PERSONAL INFORMATION

    By entering the Contest you grant SKIO permission to collect certain information and material about You and Your Entry, including Your name, Your likeness, Your contact information, and information required to open Your SKIO Platform account. You also grant SKIO and the Partners permission to publicly display and make available this information and material on the Platform and in any promotional materials associated with the Platform or Contest, without any compensation to You. You agree that this information may be displayed in this manner even after the termination of the Contest. You agree to waive any potential claim or cause of action You may have against SKIO or the Partners relating to the use or display or making available of such information or material.

  12. TERMINATION AND MODIFICATION OF CONTEST

    The Contest may be terminated or modified by SKIO at any time. If the Contest is terminated or modified, notice thereof will be displayed on the Platform Contest Page. If the Contest is terminated before the end of the Contest Period: 

    1. no further Entries will be accepted to the Contest,
    2. any Entries already submitted to the Contest will be forfeited,
    3. SKIO or the Partners shall not have any further obligation to You including without limitation no obligation to award or deliver a Prize or pay any compensation of any kind whatsoever;
    4. these Terms shall survive.
  13. DISQUALIFICATION

    SKIO reserves the right to disqualify any Entrant from the Contest, in its sole discretion, for any of the following reasons: 

    1. submitting any material to the Contest that is infected by computer viruses, bugs, bots or other AI, or engaging in any tampering, unauthorized intervention, fraud, technical failures, or any other actions which, in SKIO’s sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Platform or the Contest;
    2. submitting any false or misleading information to Platform or the Contest;
    3. submitting material to the Platform or Contest that contains profanity, pornographic or sexual content, hate speech or that promotes violence;
    4. failing to comply with any of Your covenants, representations or warranties under this Agreement;
    5. violating the terms or conditions of these Contest Terms or SKIO's Terms Of Use; or
    6. taking any action that may be reasonably expected to expose SKIO or the Partners to disrepute or legal liability.
  14. ENTRY ORIGINAL WORK

    By entering the Contest You represent and warrant that Your Entry is an entirely original work created solely by You and does not infringe on the intellectual property rights of any third party. You agree to indemnify SKIO as set out in section 18 of these Terms for any breach by You of this representation and warranty.

  15. CONTEST ENTRY LICENSE

    By providing an entry to the Contest You grant SKIO and the Partners a fully-paid, worldwide, perpetual, irrevocable, non-exclusive, sub-licensable license to any material forming part of your Entry, and agree and acknowledge that SKIO or its Partners may copy and publicly display your Entry on the Platform and in any promotional materials associated with the Platform or Contest, without any compensation to You. You agree that Your entry may be displayed in this manner even after the termination of the Contest, and that the Entry may be subject to analysis and feedback from other users of the Platform through SKIO’s Insights program, further described in SKIO’s Terms Of Use.

  16. CONSENT TO RECEIPT OF COMMUNICATIONS

    By entering a Contest You consent to receiving communications from SKIO and/or the Partners relating to the Contest, including information about Your Entry, information about the Contest, Prize details, and notices about other upcoming contests.

    You further agree and acknowledge that SKIO representatives may contact you for the purpose of becoming a SKIO content partner, and including your Entry in SKIO’s licensing library. Upon being so contacted You will have the opportunity to enter into a separate content partnership agreement with SKIO setting out the terms of your partnership with SKIO in regard to your Entry and future submissions to SKIO.

  17. LIMITATION OF LIABILITY FOR HANDLING OF ENTRY

    You agree to hold SKIO 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.

  18. LIMITATION OF LIABILITY/INDEMNIFICATION

    You hereby agree not to sue and irrevocably and unconditionally release, and forever discharge SKIO, the Partners and 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 (including, without limitation, any claims relating to or arising from any transportation by SKIO and/or the Partners hereunder) 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 SKIO or the Partners for any such matter. You agree that you shall indemnify and hold harmless SKIO and the Partners 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 SKIO’s representations, warranties and agreements in this Agreement.

  19. NO-WARRANTY

    The Platform is provided subject to SKIO’s Terms Of Use governing same, including without limitation SKIO making no warranties or representations regarding the Platform, the services offered through the website, Platform availability or non-interruption, or the Platform services being fit for a particular use or purpose and SKIO disclaims all such warranties.

  20. LEGAL ADVICE

    By entering into this Agreement 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.

  21. ENTIRE AGREEMENT

    This Agreement and the Platform materials referenced herein constitutes the entire agreement between You and SKIO regarding the subject matter thereof and supersedes any other written or oral agreements or understandings regarding these matters.

  22. JURISDICTION AND ARBITRATION

    This Agreement shall be construed and interpreted in accordance with the laws of the Province of British Columbia and the federal laws of Canada, as applicable, without giving effect to any choice of law or conflict of law rules or provisions that may cause the application of the laws of any other jurisdiction. You agree, for the benefit of SKIO, to submit any dispute arising hereunder to binding arbitration in accordance with the rules established pursuant to the rules of the Canadian Arbitration Association then effective, and any and all claims, judgments and awards by You or in Your favour shall be limited to actual out-of-pocket costs incurred by Entrant with regard to this Contest, but in no event attorneys' fees, punitive, incidental, consequential or other damages. For greater certainty, without limiting the generality of the foregoing, nothing hereunder shall affect SKIO’s right to apply for injunctive relief against You in a court of competent jurisdiction.

  23. SEVERABILITY

    If, in any jurisdiction, any provision of this Agreement or its application to any party to it is restricted, prohibited, found unenforceable by a court of law, or otherwise restricted in scope in any fashion for any reason, such provision is, as to such jurisdiction, ineffective only to the extent of such restriction, prohibition or unenforceability without affecting the remaining provisions of this Agreement and without affecting the validity or enforceability of such a provision in any other jurisdiction or its application to other parties to this Agreement or other circumstances.

  24. ASSIGNMENT

    Except as otherwise provided herein You may not assign or transfer any rights or obligations hereunder without prior consent of SKIO.

  25. WORDING

    In these Terms words importing the singular shall include the plural and vice versa, and words importing a gender shall include all genders.

  26. HEADINGS

    The headings in these Terms are for convenience only and shall not affect the Terms’ construction or interpretation.