Official Rules for the Audiobyte #HAVEYOUHEARDTHIS Contest

Eligibility

If you’ve entered into a Music License Agreement with Audiobyte by Monday, 10/15, 2018, you’re eligible to participate in the Audiobyte #HAVEUHEARDTHIS Contest (the “Contest”).

Sponsor

The Contest is sponsored by Audiobyte LLC, 36 Main Street, 2nd Floor, Port Washington, NY 11050 (“Audiobyte”).

Agreement to Official Rules

Participation in the Contest constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of Audiobyte, which are final and binding.

Contest Period

The Contest begins at 5:00 PM Eastern time on Monday, 10/15, 2018 and ends at 5:00 PM Eastern time on Monday, 11/12, 2018 (the “Contest Period”).

How to Enter

During the Contest Period, you may enter by first providing your Music Compositions to Audiobyte after entering into a Music Licensing Agreement. Thereafter, you must post every Wednesday at 5:00 PM Eastern time during the Contest Period, at least one Gifnote on your social platform of choice (Twitter, Instagram, IG Store or Facebook). You must include in your post your unique link (provided by Audiobyte) and the tag #HAVEUHEARDTHIS.

Feature Placement

If you have generated the most Gifnote shares during the Contest Period among all participants, as measured by Audiobyte in its sole discretion, Audiobyte will feature you in top placements across Gifnote’s channels for music discovery, as determined by Gifnote in its sole discretion, for a period of four weeks.

General Conditions

In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to, technical errors, or fraud, Audiobyte may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules or (b) cancel the Contest and award the prizes according to the process set forth above from among the eligible entries received up to the time of the cancelation. Audiobyte reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the Contest or to be acting in violation of these Official Rules. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Audiobyte reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by Audiobyte to enforce any provision of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Audiobyte by mail shall not be deemed proof of receipt of that communication by Audiobyte. The Contest is subject to federal, state, and local laws and regulations and is void where prohibited by law.

Release and Limitations of Liability

Except in cases of death or personal injury caused by the negligence of Audiobyte, entrants agree to release and hold harmless Audiobyte and their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any feature placement prize, including, but not limited to: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. You further agree that in any cause of action, the liability of Released Parties named in such action will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. You acknowledge and agrees that all disputes in relation to the determination of Contest winner, including but not limited to, eligibility, and other related issues shall be determined in the sole and absolute discretion of Audiobyte, and that such a decision by Audiobyte shall be final and binding. The Contest is in no way sponsored, endorsed or administered by, or associated with, Twitter, Instagram, IG Story or Facebook, none of which are sponsors of this Contest.

Entrant's Personal Information

Information collected from entrants is subject to Audiobyte’s Privacy Policy. Any information you submit as part of the Contest will be treated in accordance with Audiobyte’s Privacy Policy.

Legal

You shall indemnify, defend and hold Audiobyte and its officers, directors, employees, agents, successors and assigns from and against any and all claims, liabilities, losses, damages and expenses, including but not limited to reasonable attorneys’ fees, arising from your participation in the Contest, including but not limited to all content of your Gifnotes. You are solely responsible for complying with contest rules of Twitter, Instagram, IG Story and/or Facebook. This Contest, and all disputes arising from the Contest, shall be governed by and construed in accordance with the laws of the State of New York, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in New York, New York, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible.