NO ENTRY FEE, NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. THE CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW.  

Rules and regulations


01. 

SPONSOR

The SongPop Live Contest (“Contest”) is sponsored by FreshPlanet Inc. (“Sponsor”).  Sponsor will conduct the Contest substantially as described in these Official Rules.  All copyrights and trademarks are the property of their respective owners. This Promotion is not sponsored, endorsed, administered by, or associated with Apple Inc. and Google LLC and their subsidiaires or affiliates.


02.

ELIGIBILITY

The Contest is open only to natural persons who:

 

(i)           Are at least 18 years of age or older (at the time of entry) (and, if the entrant is a minor in his/her state of residence, who enter with the permission of a parent or guardian); 

(ii)         Are residents in the United States or Canada only, and are eligible to enter the Contest as set forth in these Official Rules and in accordance with the contest laws of their countries and/or jurisdiction. Residents of the following jurisdictions are not eligible to enter the Contest: Quebec. Employees of the Sponsor and their respective parent companies; affiliates; subsidiaries; advertising, promotion, fulfillment or other coordinating agencies; individuals providing services to the Sponsor through an outsourcer or temporary employment agency during the Contest Period; and their respective immediate family members and persons living in their same household are not eligible to participate in the Contest; and

 

(iii)         Have agreed to the Official Rules herein, the Sponsor’s Terms of Use (https://www.freshplanet.com/terms-of-use) and FreshPlanet’s Privacy Policy (https://www.freshplanet.com/privacy-policy).

 

The Contest is subject to all applicable federal, state, and local laws and regulations. By participating in the Contest, entrants agree fully and unconditionally to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Eligibility to win a prize is contingent upon complying with and fulfilling all requirements set forth herein.


03.

ENTRY PERIOD 

Sponsor will announce the Contests and their duration through the Game from time to time. You may join the Contest at any time during the announced period. Sponsor reserves the right to cancel Contests, in their sole discretion, for any reason.


(i)           Download the SongPop Live Application (the « Game ») from the Apple Store or the Google Play Store on your device and open the Game;

(ii)         Log in with your Game’s account if you already have one. If you do not have a Game’s account, you can create one for free when launching the Game and sign up with the required accurate information;

(iii)       You can join the live Contest in the “Show” section of the Game and which consists of five (5) rounds of five (5) questions each, during which you need to listen to songs and guess:

a.    The name of the song; and/or

b.    The name of the song’s artist;

The level of difficulty will increase with each round.

(iv)     Complete all the previous steps to be eligible for the Prize.

In order to complete all the steps, you may use available boosts – earned, awared or purchased - within the Game:

(i)                 Friend Boost. During each Contest you can see your friends’ answers in real time, giving you a hint if you are stuck in a Contest round.

(ii)               Remove 2. During each Contest round you can remove two (2) incorrect answers for a question.

(iii)        Revive. If you have been eliminated from a Contest, you can reenter the Contest by using the Revive boost. You can only use it once per Contest. 

No random drawings, sweepstakes, raffles or other elements of chance are utilized to determine the Prize Winners.  

ENTRIES RECEIVED BY ONE ENTRANT FROM MULTIPLE ACCOUNTS SHALL BE DISQUALIFIED.  Attempts made by the same individual to submit multiple entries by using multiple accounts or otherwise may be disqualified. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. 

All determinations of eligibility shall be final and binding.  For the avoidance of doubt, Sponsor may not provide entrant with confirmation of Contest entry. 

04. 

HOW TO ENTER


For each Contest, the entrants that have answered correctly to all twenty five (25) questions across the five (5) rounds will be qualified as a “Winner” for the Prize. The Prize, determined by Sponsor in its sole discretion, will be split up equally between each Winner. 

05. 

CONTEST WINNER DETERMINATION


You will be notified in the Game of your selction as a Winner of the Prize.  The return of a potential Winner(s)'s notification, prize information, or the prize as undeliverable or rejection of the prize by the potential Winner(s) will result in disqualification of the potential Winner. In the event of a dispute about the identity of an entrant, each entry will be declared made by the authorized account holder associated with the potential Winner’s entry.  The authorized account holder is defined as the natural person who is assigned to a Game account and that is responsible for providing all the mandatory information associated with the entrant’s Game account.  With respect to each winning entry, the Winner(s) may be required to provide proof that each Winner is the authorized account holder associated with the winning entry and is otherwise eligible to enter the Contest.

06.

NOTIFICATION


For each different Contest, the determined Winners will received a cash prize, the amount of which is determined by Sponsor in its sole discretion and split in equal part between the Winners.

You can check your total balance of all accumulated Prizes in your Game’s account. You will need a minimum of five USD ($5) in your account to cash out. You must cash out your Prize within ninety (90) days following the Notification per Section 7 above. 

To receive your Prize ($5 USD minimum) you need to open an account with PayPal (https://www.paypal.com/), opening an account is free. You will have to also comply with PayPal’s terms and condition and privacy policies in order to receive the Prize available through the link provided above.

Each Game account can only be associated with one (1) PayPal account. Additionaly,  a PayPal account cannot be associated with more than one (1) Game account. Attempts to circumvent those rules may result in the termination of that Game account and forfeiture of any Prizes awarded.

Depending on the amount of your Prize, Sponsor may contact you, at Sponsor’s sole discretion, to change, with your approval, the transfer method of the Prize to you, provided you comply with all the Egibility’s requirements above.

No transfer, or cash or other substitution of prizes allowed except that the Sponsor reserves the right, in its sole and absolute discretion, to substitute a Prize or Prize component of comparable or greater value. Allow eight (8) weeks for delivery of Prize. The Sponsor will not replace any lost or stolen prizes once in Winner's possession.    

07. 

PRIZES


Except where prohibited by law, a Prize Winner may be required to execute an Affidavit of Eligibility, a Liability Release and a Publicity Release, ("Affidavit/Release"). Such documents must be signed and returned by the date and/or time indicated within such documents. If the documents are not signed and returned within that time, or if an entrant is found to be ineligible, or if an entrant does not comply with these Official Rules, each as determined by Sponsor in Sponsor’s sole discretion, then the potential Winner will be disqualified and an alternate potential Winner will be selected based on the winning criteria.  Entrant waives the right to assert as a cost of winning a Prize any and all costs of verification and redemption to redeem said prize and any liability which might arise from redeeming or seeking to redeem said prize.  Sponsor is not responsible for fraudulent calls or emails made to entrants not by Sponsor.All entries are subject to verification prior to awarding of prizes.  Eligibility, age, and claims made by prize Winners also are subject to verification prior to awarding of prizes. 

08.

PRIZES CONDITIONS


All federal, state, provincial, and local taxesandother tax liabilities (including income taxes), if any, and other incidental costs or expenses not identified in these rules are the sole responsibilities of the Winners.Winner will be issued an IRS 1099 Form for the fair market value of the prize.

09.

TAXES


By participating in the Contest, entrants agree to release, indemnify, defend and hold Sponsor, and its parents, affiliates, subsidiaries, directors, officers, employees, and agents, including advertising and promotion agencies, and assigns, and any other organizations/entities related to the Contest (collectively, “Releasees”) harmless from any and all claims, injuries, damages, expenses, or losses to person or property and/or liabilities of any nature that in any way arise from participation in the Contest or acceptance or use of a prize or parts thereof, including without limitation (i) any condition caused by events beyond Releasees’ control that may cause the Contest to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of any prize, or acceptance, possession, or use of any prize, or from participation in the Contest; and (iii) any printing or typographical errors in any materials associated with the Contest.

10.

RELEASE


The Releasees are not responsible for (i) late, lost, delayed, damaged, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence (including prizes), whether through the platform, by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program, or transmission malfunctions, failures or difficulties. Prizes are awarded “as is, where is,” without warranty of any kind, express or implied, including without limitation any warranty of merchantability or suitability for a particular purpose.  Except where prohibited, by participating in the Contest and submitting an entry, each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the prize awarded, determination of a Winner, or any other matter relating to the Contest that cannot be resolved between such entrant and any Releasees shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys’ fees. Notwithstanding anything to the contrary herein, in no event shall any entrant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the production, distribution, exhibition, operation or other exploitation of Sponsor’s platform, the Contest, any website, content, advertising or other materials used, displayed or issued in connection with the Contest, or any submission or entry, and such entrant’s rights and remedies in any such event shall be strictly limited to the right to recover money damages, if any, in an action at law. IN NO EVENT WILL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH PARTICIPATION IN THE CONTEST, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ALL ENTRANTS.

11.

LIMITATION OF LIABILITY


12.

PUBLIC RELEASE

Except where prohibited, an entrant’s participation in the Contest constitutes consent to the perpetual, worldwide, royalty-free use of his/her name, photo, and/or likeness, biographical information, entry, and statements attributed to him/her by any Releasee for advertising and promotional purposes, including without limitation, inclusion on Sponsor’s platform, in its e-mail blasts and any other media chosen by Sponsor without compensation or additional compensation.


By participating in the Contest, each entrant acknowledges that he/she has read these Official Rules and agrees to be bound by them and by the decisions of Sponsor, which are final and binding on all matters pertaining to the Contest. Non-compliance with these Official Rules may result in disqualification and all associated entries will be void.  Sponsor reserves the right, in its sole discretion and without liability to the entrant, to cancel, modify or suspend the Contest in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Contest is compromised. Sponsor reserves the right to disqualify any entrant or Winner, as determined by Sponsor, in its sole discretion and without liability to the entrant or Winner. The Contest is subject to these Official Rules and all applicable federal, state, provincial, and local laws and regulations. The Contest is void where prohibited or restricted by law. All disputes, issues and/or questions concerning the Contest, including the rights and obligations of the entrant and Sponsor in connection with the Contest, or the construction, validity, interpretation and enforceability of these Official Rules shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. Any legal actions, suits or proceedings related to the Contest (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively to Arbitration as set forth above. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Official Rules, including, but not limited to, any claim that all or any part of these Official Rules is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.  The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Sponsor may substitute prizes of equivalent value, amend the rules, or discontinue the Contest at any time for any reason. Sponsor disclaims any responsibility to notify entrants of any aspect related to the conduct of the Contest.

13.

GENERAL CONDITIONS


Sponsor may collect personal data about entrants onlineand use such data in accordance with Sponsor’s privacy policies at https://www.freshplanet.com/privacy-policy  (“Privacy Policies”) and as set forth in these Official Rules. Please review these Official Rules and the Privacy Policies carefully. By participating in the Contest, entrants hereby agree to such collection and use of their personal information by Sponsor, either collectively or individually, and acknowledge that they have read and accepted these Official Rules and the Privacy Policies.

14.

PRIVACY AND PERSONAL INFORMATION


Without limiting any other provision in these Official Rules, in the event that any of the entrant’s activities, Contest’s activities or the Releasees’ operations or activities are affected, as determined by Sponsor, in their sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic or public health crisis (e.g. SARS), 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 law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above, subject to any governmental approval that may be required, Sponsor shall have the right to modify, suspend, or terminate the Contest, and no Releasees shall be responsible or liable to any entrant or prize Winner or any person claiming through such entrant or prize Winner for failure to supply the prize or any part thereof. Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages. 

15.

FORCE MAJEUR


The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to (or decision not to) enforce any provision in these Official Rules shall not constitute a waiver of that or any other provision. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials and these Official Rules, these Official Rules shall prevail, govern, and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

© 2019 FreshPlanet Inc. All Rights Reserved.

16.

MISCELLANEOUS