OUT OF TUNE OFFICIAL CONTEST RULES

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. The Out Of Tune (“OOT”)  Application (the “Contest”) is sponsored by FTW Media, Inc. (“Sponsor”). The Contest is not sponsored, endorsed, administered by, or associated with Apple, Inc. or its subsidiaries or affiliates.

ELIGIBILITY:

Subject to these Official Rules, the Contest is open to anyone in the world who is at least 17 years old as of the date of entry. Employees of Sponsor and its respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of this Contest, and its immediate family members or household members are not eligible to participate in or win the Contest. THE CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.

Notice to all international entrants: As stated above, it is your responsibility to comply with the contest laws of your country/jurisdiction. You acknowledge that certain countries/jurisdictions have laws regarding contests that may prevent Sponsor from awarding you your Prize (as defined below). If you are a winner and this happens to be the case with your country/jurisdiction, you acknowledge that you may not be able to receive any Prize at all from Sponsor. By entering this Contest, you acknowledge the risks, and understand that you may win but not be able to receive a Prize.

ENTRY PERIOD:

Episodes of the Contest will be announced through the App from time to time. You may join the Contest while it is live.

HOW TO ENTER:

No purchase or payment is necessary to participate in the Contest. Enter the Contest by completing each of the following steps:

By downloading OOT, you agree that any information provided by you or collected by Sponsor in connection with the Contest may be used by Sponsor in accordance with OOT’s Privacy Policy located at https://playoutoftune.com/privacy.html and OOT’s Terms of Use located at https://playoutoftune.com/terms.html, and may be shared with Sponsor’s affiliated business entities. All information submitted to the OOT Application becomes the property of Sponsor.  

By downloading OOT, you further agree that use of OOT is subject to OOT’s Terms of Use located at https://playoutoftune.com/terms.html and Privacy Policy located at https://playoutoftune.com/privacy.html.

Sponsor expressly reserves the right to disqualify any entries that it believes in good faith are generated by an automated means or scripts. Entries generated by script, macro or other automated means are void.

PRIZES:

The winner of each live trivia game show match will receive a cash prize, determined in Sponsor’s sole discretion (the “Prize”). In the case of multiple winners (as explained below), such players will split the Prize evenly. The total of all accrued Prizes you have won may be viewed through your OOT account. To receive payment of your accrued prizes, you must cash-out Prizes via PayPal, a third party service. Prize fulfillment will be subject to the terms, conditions, and privacy policies of PayPal, located at https://www.paypal.com . In certain instances involving larger Prizes, at OOT’s sole discretion, you will be contacted directly to receive it by a mutually agreeable method and payment will be subject to a confirmation of the winner's eligibility to receive a prize consistent with Sponsor's Rules and Terms and Conditions.

Each OOT user may establish, maintain, use and control only one account. Each account on the may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users may not "co-own" accounts. In the event Sponsor determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that Sponsor may have, Sponsor reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any Prizes.

Each OOT account can only be associated with one PayPal account. And a PayPal account cannot be associated with more than one OOT account. Attempts to associate an OOT account with additional PayPal accounts may result in the termination of that OOT account and forfeiture of any Prizes awarded.

OOT will only issue a Prize and any accompanying tax forms to the individual identified in the account information for the winning account. OOT uses your account information to contact and verify winners. Out of date or incorrect account information at the time you enter a Contest may disqualify you from receiving a Prize. Failure to provide valid, working contact information in connection with your account may result in termination of that OOT account and forfeiture of any Prizes awarded.

Sponsor expressly reserves the right to disqualify any entries that it believes in good faith are generated by an automated means or scripts or that violate any of these Contest Rules or the Terms of Use. Entries generated by script, macro or other automated means are void.

Decisions of the Sponsor are final and binding with respect to all matters related to the Contest. In no event shall the Sponsor be obligated to award any prizes other than the Prize specified in these Official Rules. The Sponsor does not guarantee that the Prize can be made available to the winner.  The Prize is not assignable and not transferable and no substitutions are permitted.  In addition, if the Prize is unable to be fulfilled to the winner due to any applicable law, rule or regulation, or if the winner cannot claim the Prize for any reason, then Sponsor reserves the right to not award the Prize at all.  The winner shall be responsible and liable for all federal, state and local taxes on the value of the Prize. To receive a complete list of winners or a copy of the Official Rules, send a self-addressed stamped envelope to FTW Media, Inc. 330 West 42nd Street (23rd Floor), New York, New York 10036.

PRIZE SELECTION:

The winner of the Contest will be the last person remaining at the end of each game show match.  If there are multiple players remaining after the final song, such remaining players will split the Prize evenly. Sponsor may also offer “Survival Mode" Contests.  In “Survival Mode" Contests, which shall be clearly identified at the outset of the game show in which the contest is offered, players will continue to hear songs until only a single player is able to correctly identify the song.  Sponsor will then award the Prize to the single remaining player.  If all remaining players fail to identify a song correctly, resulting in every player's elimination, the prize for “Survival Mode" Contest will roll over to a future game, which will be announced live at the conclusion of the game.

The Contest will be conducted under the supervision of the Sponsor. The decisions of the Sponsor are final and binding in all matters relating to this Contest. The winner will be notified in the OOT Application or by text; provided, however, that Sponsor reserves the right to determine an alternate method of notification.  The winner must cash-out the Prize within 120 days after the date of notification of such Prize. A Contest winner's failure to cash-out the Prize within the specified 120 days will be considered such Contest winner's forfeiture of the Prize and Sponsor may, at its option and sole discretion, choose not to award the Prize at all. If an entrant is found to be ineligible, Sponsor may, at its option and sole discretion, choose not to award the Prize at all.

GENERAL CONDITIONS AND RELEASES:

Notice to all international entrants: As stated above, it is your responsibility to comply with the contest laws of your country/jurisdiction. You acknowledge that certain countries/jurisdictions have laws regarding contests that may prevent Sponsor from awarding you your Prize (as defined below). If you are a winner and this happens to be the case with your country/jurisdiction, you acknowledge that you may not be able to receive any Prize at all from Sponsor. By entering this Contest, you acknowledge the risks, and understand that you may win but not be able to receive a Prize.

Notice to all entrants (including international): By entering the Contest or accepting a Prize, you agree to conform to all federal, state and local laws and regulations. When applicable, the winner may be required to execute and return (and winning may be conditioned upon the winner executing and returning) to Sponsor, within ten (10) business days, an Affidavit of Eligibility and a Liability and Publicity Release drafted by Sponsor to be eligible for the Prize. The winner may be required in Sponsor’s sole discretion to complete relevant tax forms as a condition to the delivery of the applicable prize. Winner may also be required to furnish proof of identity, address and birth date in order to receive a Prize.

Unless prohibited by applicable law, your acceptance of a Prize constitutes your permission to use your name, submissions, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any compensation to such entrant or any review or approval rights, notifications, or permissions; and constitutes your consent to disclose your personally identifiable information to third parties (including, without limitation, placing the winner’s name on a winner’s list).  Notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world, your acceptance of a Prize constitutes your authorization to (i) have Sponsor (and its agents, consultants and employees) photograph, record, tape, film and otherwise visually and audiovisually record you, (ii) have Sponsor (and its agents, consultants and employees) use, reproduce, disseminate, alter, edit, dub, modify, distort, add to, subtract from, process and otherwise exploit any results of such activity (including without limitation any manner in which such activity may be recorded or remembered or modified) or derivatives or extensions or imitations thereof in any manner that Sponsor sees fit, in any medium or technology known or hereinafter invented, throughout the universe in perpetuity, including without limitation for illustration, art, promotion, advertising, trade or any other purpose whatsoever; and (iii) have relinquished any right that you may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.  

An entrant or winner may be disqualified from the Contest if they fail to comply with each provision of these Official Rules, as determined in the sole discretion of the Sponsor. Participation in the Contest is at entrant’s own risk. Sponsor shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the winner in connection with an entry; (2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to participate in the Contest; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile device related to or resulting from downloading the App or otherwise in connection with this Contest; or (5) any warranty with respect to any Prize or any component thereof. THE CONTEST IS PROVIDED “AS IS” AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE CONTEST.

NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, SPONSOR SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS) (B) AMOUNTS IN EXCESS OF THE PRIZE FOR THE APPLICABLE CONTEST, (C) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (D) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL.

By entering the Contest, you agree to and hereby do release and hold harmless Sponsor, its respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives (the “Released Parties”) from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from your acceptance, possession and/or use of any Prize or your participation in this Contest, or from any misuse or malfunction of any Prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter, and indemnify each of the Released Parties from any damages arising therefrom. Any person attempting to defraud or in any way tamper with this Contest may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Official Rules in any way or at any time. Sponsor reserves the right, in its sole discretion, to cancel or suspend this Contest should viruses, bugs or other causes beyond its control corrupt the administration, security or proper operation of the Contest. In the event of cancellation or suspension, OOT shall promptly post a notice on the OOT App to such effect. This Contest shall be governed by New York law, without regard to conflicts of laws provisions. By participating in this Contest, you agree that any dispute or litigation arising from or relating to this Contest shall be determined by binding arbitration only in New York, NY, by and under the American Arbitration Association’s rules for arbitration of consumer-related disputes, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.   Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction. If any provision of these rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable.