The contest is open to artists worldwide. No employees of Funk Volume, HipHopDX.com, Cheri Media Group or its affiliates are eligible. Contest is void where prohibited. Any terms, conditions, or stipulations within the rules of this contest which are prohibited by law are void in those geographic domains where they are so prohibited. For contestants under the age of 18, the “Contest Entry” form must be submitted with parental consent. By submitting your “Contest Entry” form to Funk Volume, you are bound to the terms of the contest and are declaring the following:
All Contestants must agree to the Funk Volume non-exclusive beat agreement before downloading the contest beat.
Contestants retain all ownership rights of original lyrics submitted for the contest if contestant is the sole creator of said contest lyrics. However, by submitting contest lyrics to Sponsor, contestants hereby grant to Sponsor a worldwide, non-exclusive, non-restrictive, royalty-free, sub-licenseable, and transferable license to use, reproduce, distribute, transmit, make available, prepare derivative works of, display, and perform the contest music (including any title of the contest music and your name and likeness), and any audio and/or visual excerpts thereof, in connection with the Contest, on Funk Volume websites (and all places where some or all of the content from Funk Volume websites is available), and otherwise in connection with any of Funk Volume’s current and/or future businesses, including without limitation for promoting and redistributing part or all of contest music (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of Funk Volume’s websites a non-exclusive license to access and view the contest lyrics. Additionally, contestants grant Funk Volume all rights to use contest music submitted, and contestants image, likeness, voice, name, and photograph in correlation with the contest music in any publicity or advertising relating to the contest music, Funk Volume, and/or the Contest, without compensation or further approval. Funk Volume is not responsible for unauthorized copying and/or use of contestants’ content posted on Funk Volume websites.
The following serves as a legally binding agreement between Funk Volume Inc. (“Licensor”) and the purchaser (“Licensee”). This agreement grants the Licensee non-exclusive rights to the instrumental being purchased (“Instrumental”).
1. Master Recording: The Licensor hereby grants the Licensee the right to record vocal and/or instrumental synchronization to any or all parts of the Instrumental. The Licensee understands that their non-exclusive usage of the Instrumental is limited to one new composition and if the Licensee wishes to use the Instrumental in other new compositions, then the Licensee must obtain another license to use the Instrumental from the Licensor. The Licensee also agrees to refrain from editing the Instrumental that is being licensed in this agreement, by changing the arrangement of the Instrumental or by removing any melodies, instruments, drum programming or sounds that are contained within the Instrumental.
2. Profitable Distribution: The Licensee is limited to distributing one (1) version of the Master Recording for profitable use. The Licensee is limited to a distribution of twenty five hundred (2500) copies of the Master Recording, which can be distributed on any kind of recording media including, but not limited to: compact discs, DVDs, VHS videos, and all other forms of media.
3. Ownership: The Licensor maintains 100% full rights (copyright and ownership) of the instrumental, and can continue to sell it non-exclusively and/or exclusively. The Licensee has neither the right nor authority to sell or license the rights to the Instrumental whether in whole or part to any other party. In the event another individual purchases exclusive rights to your licensed Instrumental you will retain your non-exclusive rights under the limitations listed in this agreement and until these terms have been fulfilled.
4. Credit: The Licensee must give production credit to the Licensor for any and all distributed material. Unless written consent is obtained by Licensee for changes, credits shall be clearly visible and written exactly like this: “Music Produced by Funk Volume – contact firstname.lastname@example.org”
5. Sample Clearances: The Licensee understands that original Instrumental that is being licensed in this agreement does not contain any unapproved samples. The Licensee also understands that they are responsible for clearing all samples that they choose to use and that the Licensor cannot and will not be held liable for the misuse of any sampled material that the Licensee uses in conjunction with the Instrumental that is being licensed in this agreement.
6. Public Performances: If Licensee’s use is an audio-visual use which is broadcast over television, radio, cable, satellite or similar medium, then Licensee agrees to exercise reasonable care to make such broadcast information available to Licensor so that Licensor can arrange to collect its performance fees on the Music from the performing rights society with which Licensor is affiliated.
7. Term: This License is granted for a one hundred and eighty day term, commencing from the date of download.
By clicking the “I Agree with the Terms” button below, you (the Licensee) declare that you have read, understood, and agreed to the above terms of agreement. You adhere to the terms detailed in this agreement and are aware that any breach of this contract will result in the revocation of our non-exclusive rights listed in this agreement. Additionally, by violating the above terms, any recording that contains any portion of the Instrumental being licensed without written permission from Funk Volume would constitute a violation of copyright law. This violation is punishable by legal action.
Votes and comments will be taken into consideration, but ultimately the Funk Volume and HipHopDx.com team will be selecting the winner.
Grand Prize: $2500
Opening Spot on Funk Volume 2015 Tour (2-4 Dates)
Feature on HipHopDx.com
2nd Place: $1000
Opening Spot on Funk Volume 2015 Tour (1 Date)
Feature on HipHopDx.com
3rd Place: $500
Feature on HipHopDX.com
By participating in the contest, contestants agree: (a) to be bound by these Official Rules; (b) as between the contestant and the Sponsor, that the decisions of the Sponsor are final on all matters relating to the Contest; (c) contestant is not participating on behalf of any employer or third party; (d) if contestant is a party to any third party agreement with a record label, production company, publishing company, or any other third party, such agreement does not interfere with contestant’s participation in this Contest and/or receipt of the prizes awarded. (e) responsibility and liability for entering this contest when prohibited by law is that of the contestants’. All registrations and votes become the property of Sponsor. They will not be returned or acknowledged. Sponsor is not responsible for lost, late, misdirected, incomplete, illegible entries, contest music, or votes, or for any computer-related, online, telephonic, or technical malfunctions that may occur.
Registration, votes, and contest music will be considered void if they are in whole or in part illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error, forged, mechanically reproduced, or obtained through fraud or theft.
By submitting contest music, contestant warrants and represents contest music is an original work, created solely by contestant, and does not infringe on any third party’s intellectual property rights, including copyrights, trademarks, or other proprietary or personal rights. The contest music contestant performs shall either be designated by Sponsor, or be owned or controlled solely by contestant, or for which contestant has obtained a license for all of the uses to be made of the contest music by Sponsor and/or its licensees pursuant to the grant of rights herein for either commercial or promotional purposes. Contestant warrants and represents contest music is free and clear of any claims and liens by any person whose performances or depictions are embodied in the work, or any person rendering services in connection with the work. Contestant warrants and represents contest music does not contain any materials owned or controlled by a third party for which contestant has not obtained a license, including without limitation, samples, clips, “mashups,” “remixes,” or the like. Sponsor reserves the right to remove any contest music that it deems to be in violation of these Official Rules, including but not limited to this Warranty.
Sponsor will be collecting personal information about participants when they register and participate in the Contest. Sponsor will not share this personal information. Submission of a completed contest registration constitutes acceptance of these Official Rules/Participation Agreement.
Sponsor and its affiliated entities are not responsible or liable for Contest entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for entries that are illegible, late, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, incomplete, or otherwise not in compliance with these official rules, and all such entries will be disqualified. By participating in the Contest, each contestant agrees and acknowledges to be bound by these official rules, all Sponsor-related terms and conditions, as well as the decisions of Sponsor which are final and binding in all respects; to waive any rights to claim ambiguity with the official rules, and that Sponsor and its affiliated entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) in connection with: participation in Contest; acceptance/possession (including, but not limited to, delays by shipping companies), defects, and/or use/misuse of a prize.
(including, but not limited to, cancellation/postponement of screening date); discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or internet service provider utilized by Sponsor; interruption or inability to access Sponsor, its affiliated entities and their respective websites, or any online service via the internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Contest; any lost/delayed data transmissions, omissions, interruptions, defects; and/or any other errors or malfunctions, even if caused by the negligence of Sponsor or any one of its affiliated entities. Each participant further agrees to indemnify and hold harmless Sponsor and its affiliated entities from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Sponsor or its affiliated entities, and hereby acknowledge that Sponsor and its affiliated entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a prize supplier that may be sent along with a prize. Sponsor and/or its affiliated entities shall in no event be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (1) by any wrongful, negligent or unauthorized act or omission on the part of any of the prize suppliers or any of their agents, servants, employees or independent contractors, (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of Sponsor, or (3) by any other cause, condition or event whatsoever beyond the control of Sponsor or its parents, subsidiaries and affiliated companies. Title of this Contest may change during the Contest. ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Additionally, any attempt to cheat the contest, as determined at the sole discretion of the Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future contests. Irrelevant entries, as deemed irrelevant at the sole discretion of Sponsor, and those using copyrighted OR PLAGIARIZED content may be removed and disqualified from the contest. In the event of a dispute, entries made by Internet will be declared made by the natural person who is assigned to a customer name in Funk Volume Contest system. Winners’ names will be posted on Funk Volume and/or any other online and offline media delivery channels now known or hereafter devised.
Funk Volume and its affiliates, subsidiaries, directors, officers, employees, licensees/licensors, representatives and agents, disclaims any and all liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the competition or with the acceptance, possession or use of any prize (including, without limitation, claims, costs, injuries and losses related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light).
Except where prohibited by law, by entering, contestants release Funk Volume and its affiliates, subsidiaries, Licensees/licensors, directors, officers, employees, representatives and agents, from any and all claims, actions, injury, loss or damage of any kind resulting from or arising directly or indirectly out of each contestant’s participation in this competition and/or from the acceptance or use of the prize awarded.
Void where prohibited. The laws of the State of California and the United States of America apply to and govern this competition, including but not limited to any applicable taxes for prizes. Except where prohibited, participants agree that any and all disputes, claims and causes of action arising out of or connected with the competition shall be resolved exclusively by arbitration pursuant to the Rules of the American Arbitration Association then effective, and any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred by participant with regard to the competition, but no attorneys’ fees, punitive, incidental, consequential or other damages. Any claims or actions in connection herewith must be brought in California. Rules and regulations are subject to change at Funk Volume’s discretion.
If any portion of these competition rules is deemed void or unenforceable, then that portion shall be deemed severable from these competition rules and shall not affect the validity and enforceability of the remaining provisions.