Last Updated: November 24, 2021
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
- Overview – Skill Contests: Fan Label, LLC (“FanLabel” or “Sponsor”) may offer different skill-based contests (each a “Contest”) at different times. Each Contest is separate. Participation in one Contest is not participation in any other Contest. These Official Rules apply to each separate Contest. Details on the exact dates for any Contest, along with the prize(s) available in that Contest, and any other details will be listed in FanLabel, under the ”Learn more” link, available under “More Info” on the Contest’s card under the “Play Competitively” card on the homepage of the Contest tab (“Contest Tab”) or under the Contest rules at fanlabel.com/contests (“Contest Rules”). Be sure to check back regularly to see what is being offered at any given time. Without limiting the foregoing, FanLabel generally will offer Contests periodically as described in Rule 4 below. These Contests may also be called other names including “tournaments.” For clarity, users who select the “Challenge Yourself” card on the homepage of the Contest Tab do not compete in a Contest against other users; rather, users who select “Challenge Yourself” compete only against themselves by, among other things, testing their musical ear and knowledge and leveling up.
- Eligibility: Only legal residents of the United States who are 13 or older may participate in any Contest. Employees and directors of Sponsor or any of its parents, subsidiaries and affiliates, advertising, promotion, or production agencies (and their respective IRS dependents, immediate family members and individuals residing in their same household) are not eligible to participate. Void where prohibited by law. All applicable federal, state and local laws apply.
- Contest Period: Each Contest will begin and end at the dates and times listed on the Contest Tab for that particular Contest. All times are measured by Eastern Time (“ET”). The Sponsor’s database computer is the official timekeeping device for any Contest.
- How to Participate: To participate in any Contest, complete the following steps:
- Download the free FanLabel app and create a free FanLabel account, referred to in the app as a “record label” (“Account”).
- Visit the “Play Competitively” card on the homepage of the Contest Tab and participate in one or more song selection challenges (each, a “Challenge”) during the Applicable Contest (defined in the Contest Rules). At least three types of Challenges are available as follows:
- “Best-of-5” Challenges: Listen to a group of five (5) song samples and select which one (1) you determine, using your judgment and knowledge of music, streamed the most in the U.S. in the prior week.
- “Pick-A-Hit” Challenges: Listen to a group of five (5) song samples and select which one (1) you determine, using your judgment and knowledge of music, will stream the most in the U.S. in the current week.
- “Quick-Pick” Challenges: Listen to two (2) song clips and select which one (1) you determine, using your judgment and knowledge of music, streamed the most in the U.S. in the prior week.
- Trivia: Listen to the songs presented and select which one (1) you determine, using your judgment and knowledge of music, correctly answers the trivia question.
A “week” is defined as a calendar week beginning on Monday at 5:00:00 a.m. ET and ending the following Monday at 04:59:59 a.m. ET. Any additional methods to participate in a particular Contest, if available, will be described in the Contest Tab for that Contest.
Creating an Account and participating in Challenges are totally free. Virtual royalty points (“Royalty Points”) awarded as part of a Challenge in a Contest are used to calculate winners per the Winner Determination & Verification rule below. The number of available Royalty Points for any given Challenge will be stated next to the listing of the Challenge under the “Play Competitively” card on the Contest Tab. Royalty Points have no cash value outside of the virtual FanLabel Marketplace. Royalty Points cannot be exchanged or redeemed for cash inside or outside of FanLabel. More information on Royalty Points can be found at https://fanlabel.com/how-to-play. Users participating under the “Play Competitively” card or under the “Challenge Yourself” card can purchase additional Royalty Points as in-app-purchases, the values of which are subject to change without notification (“IAP”) (e.g., $0.99 in exchange for 1,000 Royalty Points; $4.99 in exchange for 5,100 Royalty Points; $9.99 in exchange for 10,300 Royalty Points; and $49.99 in exchange for 52,000 Royalty Points). You agree that you are prohibited from selling or transferring your Account or Royalty Points. Purchasing Royalty Points through IAP does not impact the Leaderboard (defined below) or change a player’s ability to win a Contest or, for users playing under the “Challenge Yourself” card, purchasing IAP does not help to level up. Purchasing Royalty Points only increases a player’s spending power in the virtual FanLabel Marketplace. For clarity, the Contest leaderboard (“Leaderboard”) shows the non-official results of participants’ performance based on Royalty Points awarded in Challenges for that Contest. The Leaderboard for each Contest will be available on the Leaderboard tab (“Leaderboard Tab”). The results shown on the Leaderboard are for general information only. The actual results for any Challenge and/or winners in any Contest are determined by Sponsor based on Sponsor’s confirmation of the results. Limit one (1) Account per person. Eligibility and participation are subject to validation and verification by judges, whose decisions are final and binding in all respects. By participating in any Contest, you unconditionally accept and agree to comply with and abide by these Official Rules, the additional details on the Contest Tab, Leaderboard, or under the Contest Rules at https://fanlabel.com/contests for the Applicable Contest, and all decisions of the judges. Any attempt to participate in any Contest with multiple identities, email addresses, accounts, or by any other means including, but not limited to, colluding with another person may result in disqualification from a Contest, permanent disqualification from all Contests, and/or being permanently banned from FanLabel. Use of any macro, bot, script or other automated means to participate is prohibited, as is reverse engineering or otherwise exploiting FanLabel or its software. In case of any dispute regarding the identity of any participant, the participant will be deemed the person who is the authorized account holder of the email account associated with the Account used to participate in the Contest. An “authorized account holder” is defined as the natural person to whom the email address is assigned by an internet service provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
- Winner Determination & Verification:
(a) Contest Winners: At the end of each Contest Period, potential winner(s) for the Contest will be determined based upon the skill of the player(s) in exercising their knowledge and judgment about popular music as demonstrated by their performance in Challenges.
Unless otherwise specified for a particular Contest, winners will be determined based on the highest Royalty Points earned during the Contest Period based on total score for the available Challenges during the Contest Period, specifically excluding any purchased Royalty Points (“Winner”). Earning Royalty Points is based on the skill of the participants in providing correct answers and/or predictions based on musical and market knowledge and expertise. While the available Royalty Points are weighted such that successful performance in the Best-of-5 and Trivia Challenges in any Contest Period generally will be sufficient to determine a winner, participation in skill-based Pick-a-Hit and/or Quick-Pick Challenges during the same period may also contribute to the outcome, particularly in the unlikely event of a tie from the Best-of-5 Challenges. In the event of a tie, the person with the fewest tries to reach the tied score will be deemed the Winner. In the extremely unlikely event of a further tie, the user who achieved the total tied score earliest will be deemed the Winner.
(b) Number of Winners/Prizes: See the “Play Competitively” card on the Contest Tab, Leaderboard, or Contest Rules at https://fanlabel.com/contests for details on the number and description of prizes available in any particular Contest.
(c) Notification: Winners will be notified that they are the Winner within approximately one (1) day after the end of the applicable Contest Period via the app or using contact information associated with the winning Account (“Notification”). To qualify to receive the prize, each Winner must respond to the initial Notification within 72 hours from the time that FanLabel sends the Notification, and satisfactorily follow any prize claim instructions including by filling out the Prize Claim Documents (defined below) (“Qualified Winner”). Winners who, in Judges’ sole discretion, fail to timely respond to the Notification or satisfy any Prize Claim Documents instructions, fail to qualify for, and lose their ability to receive, the prize. Failure to become a Qualified Winner may result in disqualification and selection of an alternate winner.
WINNERS ARE SUBJECT TO VERIFICATION. JUDGES’ DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE ADMINISTRATION, OPERATION, SELECTION OF THE WINNERS, AND OTHER MATTERS RELATED TO EACH CONTEST.
To be a Qualified Winner, each Winner may be required to execute an Affidavit of Eligibility, a Liability Release, and a Publicity Release (where legal) (“Prize Claim Documents”) by the date specified by Sponsor, or an alternate potential winner may be selected. The Winner may not become a Qualified Winner and the prize may be awarded to an alternate winner if the Winner: (a) cannot be reached for whatever reason after a reasonable effort has been exerted or the Notification or Prize Claim Documents are returned as undeliverable; (b) declines or cannot accept, receive or use the prize for any reason; (c) fails to comply with the above or within any of the aforesaid time periods; (d) is found to be ineligible to enter the Contest or any Challenge, or to receive the prize; (e) cannot or does not comply with the Official Rules; or (f) fails to fulfill the Prize Claim Documents-related obligations.
- Prizes: The prize(s) and value(s) available for any Contest will be listed on the Contest Tab or under the Contest Rules at https://fanlabel.com/contests for that Contest.
Meet-and-Greet or Travel Prize Details. For any prize offering an opportunity to meet a celebrity, attend a special event, or participate in any similar activity, the following general terms will apply unless otherwise specified on the Contest Tab, Leaderboard, or https://fanlabel.com/contests for that particular Contest: Prize consists of: round-trip coach class air transportation between major airport near a winner’s primary residence as determined by Sponsor, and the destination city; hotel accommodation for the specified number of nights in standard accommodations, double-occupancy, as selected by Sponsor; plus the activity/event/experience specified on the Contest Tab, Leaderboard, or Contest Rules at https://fanlabel.com/contests. If a Qualified Winner cannot attend any event on the date(s) specified in the prize description (or as otherwise specified by Sponsor), prize will be forfeited and may be awarded to an alternate winner, time permitting. Actual value may vary depending on departure city and destination cities, dates of travel, and fluctuations in airfares. If a Qualified Winner lives within 200 miles of the destination city ground transportation may be provided in lieu of air travel. Any difference between actual value and advertised value will not be awarded. Each Qualified Winner is solely responsible for the payment of all federal, state and local taxes and all additional meals, beverages, transportation or other expenses or costs relating to the prize not expressly set forth above. Major credit card will be required at hotel check-in to cover any incidental expenses. Each Qualified Winner and travel companion must have all necessary photo ID, passports, or other documents required for air travel, and must travel on the same itinerary. Each Qualified Winner’s travel companion, if any, may be required to sign a Liability/Publicity Release (where legal) prior to ticketing. Any Qualified Winner or other person taking part in the trip who is a minor under the laws of his/her place of residence must be accompanied by parent or legal guardian who also must execute all documents, including any Prize Claim Documents, on behalf of the minor. All dates are subject to change. No responsibility is assumed for cancellation of any events or unavailability of a celebrity or other circumstances beyond sponsor’s control; in the event of such cancellation or unavailability after travel has been booked, the remainder of the trip will be awarded as the complete prize.
General Prize Conditions: Prizes are non-transferable and no cash equivalent or substitution is offered, except at the sole discretion of the Sponsor. Sponsor may substitute a prize of comparable value if any advertised prize becomes unavailable. Allow 4-6 weeks after validation for delivery or arrangement for delivery of prize. Each Qualified Winner is responsible for all federal, state, and/or local taxes imposed as a result of acceptance of the prize and for all costs and expenses not identified above. If a Qualified Winner is not of legal age of majority in his or her state of residence, at Sponsor’s option, the prize either may be awarded in the name of parent or legal guardian of such Qualified Winner, or parent or legal guardian of such Qualified Winner may be required to ratify and sign all Prize Claim Documents.
- Additional Rules: Contest-related materials/data that have been tampered with or altered are void. No responsibility is assumed for: (i) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction, or unauthorized access to or alterations of Contest-related or App-related materials, or for technical, network, telephone equipment, electronic, mobile device, tablet, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive Contest-related information by Sponsor on account of technical problems; or (ii) any injury or damage to participant’s or any other person’s mobile device, tablet, or computer related to or resulting from participating in any Contest.
Sponsor reserves the right to: (i) permanently disqualify from any promotion it sponsors any person it believes has intentionally violated these Official Rules; (ii) permanently disqualify and/or ban from future use of FanLabel any person it believes has intentionally violated these Official Rules or the spirit of these Official Rules; and (iii) modify, extend, suspend, or terminate any Contest, in whole or in part, if it determines, in its sole discretion, that such Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions, or other unintended circumstances have impaired the integrity, administration, security, proper play, and/or feasibility of such Contest as contemplated herein. If a Contest is terminated before the designated end date, Sponsor will (if possible) select Winner(s) from among all eligible, non-suspect Accounts unaffected by the problem. Participation in the Contest constitutes consent to the use of any Winner’s name, voice, picture, and/or likeness, in any and all media without restriction of any kind whatsoever, without compensation for promotion purposes to the extent allowed by law.
Sponsor may conduct a background check to confirm any Winner’s eligibility to become a Qualified Winner and compliance with these rules. By participating, you agree to cooperate reasonably with any such background check. Failure to cooperate may result in disqualification and selection of an alternate winner. If any prize includes participation in any public event(s) or publicity, or if Sponsor intends to publicize Winner(s) in any way, and if a background check reveals that a Winner (or guest) has engaged in conduct that could damage the reputation or business on any sponsor, as determined by Sponsor in its sole discretion, the Winner may be disqualified from becoming a Qualified Winner and the prize may be awarded to an alternate winner, time permitting.
- Release of Liability: By participating, you release Sponsor, and its parent companies, subsidiaries, affiliates, partners, employees, directors, agents, advertising agencies, and all other associated with the development and execution of any Contest from any and against any and all injury, loss, or damage caused or claimed to be caused by your participation in any Contest and/or the acceptance, awarding, receipt, use, and/or misuse of the prize, and you agree that these entities are not responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to any Contest and/or the awarding of any prize except as expressly provided in these Official Rules. By participating, you agree that: (a) any and all disputes, claims, and causes of action arising out of or in connection with any Contest, or any prizes awarded, shall be resolved individually without resort to any form of class action; (b) any claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in any Contest, but in no event attorney’s fees; (c) under no circumstances will any participant be permitted to obtain any award for, and you hereby waive all rights to claim, punitive, incidental, or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses; and (d) these Official Rules and all disputes shall be governed by the internal laws of the state of Michigan, without regard to principles of conflicts of laws, any disputes shall be resolved exclusively in the state or federal courts in the state of Michigan, and you expressly consent to the jurisdiction of said courts and waive any objection thereto. For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.
- Data: By participating in the Contest, you agree to Sponsor’s manner of collection and usage of any information you submit, all of which is subject to Sponsor’s privacy located at https://fanlabel.com/privacy.
- Winner Name(s): For the name(s) of the winner(s) in any Contest, available approximately two weeks after the end of the applicable Contest Period, send a self-addressed stamped envelope to: Fan Label, LLC, 34300 Woodward Ave., Ste. 200, Birmingham, MI 48009. Be sure to specify the particular Contest and time period you are asking about. All such requests must be received within 60 days after the applicable Contest Period.
- Sponsor: Fan Label, LLC, 34300 Woodward Ave., Ste. 200, Birmingham, MI 48009.