"Dead Inside" Cover Contest

DEAD INSIDE
COVER CONTEST

OFFICIAL CONTEST RULES

NO PURCHASE NECESSARY TO ENTER OR WIN THIS CONTEST. VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE REGISTRATION OR BONDING REQUIRED.

These Official Rules (the “Rules”) govern your participation in DEAD INSIDE COVER CONTEST (the “Contest”). Participation in the Contest constitutes your full and unconditional agreement to and acceptance of these Rules, so, it is important that you read and understand them.

1. Summary of Material Terms. As provided in greater detail in these Rules (and without limiting the express language of these Rules), you acknowledge the following:

(a) The Label (as defined below) will own all right, title, and interest in and to your Entry for the duration of the applicable copyright and any extensions or renewals thereof.

(b) You may only publish your Entry on Sponsor’s selected platform, e.g., YouTube or the like, and only if you comply with these Rules.

2. Sponsors. The Contest is sponsored and run by Sumerian Records, LLC, headquartered at PO Box 1891, Zephyr Cove, NV 89448 (sometimes referred to as “Label” or “Sponsor”).

3. Submission Period; How to Enter. To enter, create and publish, during the Submission Period (as defined below) a cover of a track from The “Dead Inside (ft. David Draiman of Disturbed)” from Nita Strauss (an “Entry”). Go to deadinsidecontest.com and submit the YouTube link for cover video via an embedded Google Form. A used in these Rules, the “Submission Period” is that period of time beginning at 12:00am January 7, 2022 and ending 11:59:59 January 17, 2022.

4. Eligibility. The Contest is offered only to natural persons residing in the United States at least 18 years of age and at least the age of majority in the person’s jurisdiction of residence as of the date of entry. Employees, independent contractors, officers, and directors of Sponsor, their respective shareholders, agents, representatives, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, and legal advisors (“Sponsor’s Parties”), and the immediate family members and persons living in the same household of such persons, are not eligible to participate in the Contest.

5. License Grant to You.

(a) For the avoidance of doubt, the copyright and all other rights, title and interest in and to any sound recordings, underlying musical compositions and any other pre-existing materials remain vested in, and are owned and controlled by, the Label and/or other third parties. Any and all rights not expressly granted to you in these Rules are reserved by the Label and/or other third parties.

(b) Permitted Materials. All Entries: (i) must be your original work; (ii) must not infringe or violate any third party’s rights or applicable laws or regulations; and (iii) must be appropriate for public dissemination. Elements added by you must not include any viruses, worms, spyware, Trojan horses, malware, or other computer programming routines that may damage or detrimentally interfere with any computer or other device. By submitting an Entry, you represent and warrant that the content in your Entry is created by you. IF YOU USE CONTENT THAT YOU ARE NOT AUTHORIZED TO USE, YOU ARE NOT ENTITLED TO ENTER THIS CONTEST AND YOUR ENTRY WILL AUTOMATICALLY BE DISQUALIFIED BY THE SPONSOR AND NOT CONSIDERED BY THE JUDGES.

6. Qualification. You may enter multiple times, but each individual or group entrant is only eligible for one prize. To be eligible for a prize (described in Section 8), an entrant or group of named entrants must comply with all provisions of these Rules. Sponsor reserves the right to ask you for evidence of such compliance. Sponsor reserves the right to evaluate each Entry’s eligibility under the Rules as well as for compliance with the U.S. Copyright Act and any and all other applicable laws. Entries may be disqualified from the Contest at Sponsor’s sole discretion.

7. Format of Entries; License Grant and Ownership. By entering this Contest, you agree that any intellectual property, including, without limitation, works of copyright, created in connection with the Entry (collectively, the “Works”), will be wholly owned by Label, and that Label may exploit the Works in any and all media, now or in the future. You hereby waive any and all moral and like rights that you may have in the Works and the performances embodied therein and you agree not to make any claim Label or any party authorized by Label to exploit the Works based on such moral or like rights. You hereby assign to Label all right, title, and interest that you may possess in the Works, including, but not limited to, all copyright and proprietary rights relating thereto, on a worldwide, perpetual, irrevocable and royalty-free basis, for any and all purposes including, but not limited to, display, public performance, posting for streaming and/or download, making of derivative works, reproduction, distribution, and all other means of exploitation of the Entries. For the avoidance of doubt, Entrants agree that the Label, or Label’s designee, will, from inception, own all right, title and interest in each Entry (including, but not limited to, the copyrights in the sound recording) in perpetuity, free from any claims by you or any other person. You will have no ownership rights or interest whatsoever in the applicable Entry, and will not use or exploit the Entry in any manner whatsoever, except as set forth in these Rules. By entering this Contest, you agree: (a) that Sponsor has the right to use your Entry and your name and likeness in any and all media in and in connection with promotion, publicity, marketing and advertising for and by Sponsor, and in connection with this Contest or other promotions by Sponsors as Sponsor sees fit without any further notification or compensation to or of you; (b) that Sponsor has no obligation (express or implied) to use any Entries in any manner and you will not be entitled to any damages or other relief by reason of Sponsor’s use or non-use of an Entry; and (c) to be bound by these Rules. By entering this Contest, you agree to sign and deliver to Sponsor such documents as Sponsor may reasonably require to effectuate the rights and obligations granted in these Rules.

8. Prizes.

(a) The winners will be determined by the criteria outlined in Section 9. There will be three (3) winners in total consisting of the following:

(i) 1ST PLACE to receive a prize consisting of:

- Skype call w/ Nita & David
- Signed drum head from all three members
- Merch bundle
- Repost from Nita Strauss & Sumerian socials

(ii) 2ND PLACE to receive a prize consisting of:

- Signed drum head from all three members
- Merch bundle
- Repost from Nita Strauss & Sumerian socials

(iii) 3RD PLACE to receive a prize consisting of:

- Merch bundle
- Repost from Nita Strauss & Sumerian socials

Sponsor may modify or edit winning Entries at Label’s sole discretion to ensure the audio quality or for any purpose that the Label deems necessary or desirable. Sponsor may undertake, or instruct its representatives to undertake, such reasonable editing or modifications. All prize expenses and/or services not specified herein are not included and are the sole responsibility of the winner(s). No alternative prize, cash equivalent, or other substitution is permitted except by Sponsor, at Sponsor’s sole discretion, in the event of prize unavailability. Prizes are nontransferable. All federal, provincial, state and/or local taxes are the sole responsibility of the winners.

9. Judging.

(a) After the end of the Submission Period, all Entries will first be reviewed by the Label for qualification that they are covers, the audio quality is sufficient, the content is not inappropriate, offensive or demeaning to Label’s reputation or goodwill, and does not otherwise violate these Rules.

(b) Except for disqualified Entries, representative of Label or Label’s designee will select sixteen (16) finalists to be subject to fan voting (collectively, the “Finalists”). Finalists are in Label’s or Label’s designee’s sole discretion. Label will judge entrants by the originality and quality of their Entries.

(i) First Round: beginning at 12:00am January 18, 2022 and ending 11:59:59 January 24, 2022.

(ii) Final Round: beginning at 12:00am January 25, 2022 and ending 11:59:59 January 31, 2022.

(each, a “Voting Period”)

(d) During each Voting Period, the Finalists are subject to a fan vote. The eight (8) Finalists with the highest number of votes in the First Round will move to the Final round. The three (3) Finalists with the highest number of votes in the Final Round will be the winners. The Finalist with the highest fan votes in the Final Round will receive the 1st Place Prize, the Finalist with the second highest fan votes in the Final Round will receive the 2nd Place Price, and the Finalist with the third highest fan votes in the Final Round will receive the 3rd Place Prize.

(e) Deadinsidecontest.com will be updated weekly for each round, each Monday with an updated list of entries and fans will vote via an embedded Google Form on the page.

(f) Winners will be announced on or after February 4, 2022.

10. Final Decision. All grading decisions are final. Sponsor may disqualify any Entry that is, in Sponsor’s sole discretion, inappropriate, offensive or demeaning to Sponsor’s reputation or goodwill, or contrary to Sponsor’s mission or these Rules. Once the grading of the Entries is complete, Sponsor will notify the winners via email or similar online message service using the information available to Sponsor. The contest winner will execute and promptly return to Winner’s Declaration and Release form (as provided by Label), Copyright Assignment form, and any other document reasonably required by Label, within fourteen (14) days of date of issuance of notification. If a winner fails to respond within fourteen (14) days of the date of the notification, that winner will be disqualified and the next highest scoring Entry will be selected as an alternate winner for the applicable prize and notified according to this procedure.

11. Indemnification. By submitting an Entry, you agree to indemnify, defend, and hold the Sponsor, its affiliates and their respective officers, directors, employees, dealers, agents, representatives, successors, and assigns and insurers harmless from any and all claims, causes of action, demands, damages, losses, costs, obligations, recoveries and deficiencies (including attorney’s fees and costs) which arise from or relate in any manner in whole or in part, to (a) any breach by you of the terms and conditions of these Rules, including any representations and warranties; (b) telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind; (c) any condition caused by events beyond Sponsor’s control that may cause the Contest to be disrupted or corrupted; (d) any printing or typographical errors in any materials associated with the Contest; and (e) any other losses, damages, rights, claims and actions of any kind in connection with or resulting from participation in the Contest or acceptance of any prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy.

12. General Terms and Conditions. Label may assign any of Label’s rights hereunder, in whole or in part, to any person, firm, or corporation. You may not assign any of your obligations or rights hereunder. Sponsor reserves the right, in their sole discretion, to suspend or cancel Contest at any time if a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the Contest. Sponsor may revise these Rules at any time in their sole discretion by posting an updated version. Any Rules changes will be effective upon posting, and your continued participation in the Contest after a change to these Rules constitutes your binding acceptance of these Rules. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, or the rights and obligations of participant and Sponsor in connection with the Contest, will be governed by, and construed in accordance with the laws of the state of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the state of California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the state of California. The exclusive jurisdiction and venue of any action arising out of or related to this Agreement will be either the state or federal courts in Los Angeles, California, and you agree and submit to the personal and exclusive jurisdiction and venue of these courts. The Sponsor’s Parties are express third party beneficiaries of Section 11 of these Rules.

13. Relationship of the Parties. Nothing in these Rules will be deemed to create or establish an employment, agency, partnership or a joint venture relationship between you and Label or Sponsor or any of their agents or employees, or any other legal arrangement that would impose liability upon one party for the failure to act of the other party. No party to these Rules may hold itself out contrary to the terms of this Section and neither Label or Sponsors will be liable for any representation, act, or omission of the contrary to the provisions hereof.

14. Winners List/ Rules. A copy of these Rules and a winners list may be obtained by sending an email request to andrew@sumerianrecords.com. Requests for winners list must be received by December 31, 2022.

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