Official Contest Rules

These FanLabel Official Contest Rules (“Contest Rules”) apply to all contests (“SongPicks Contests”) offered by Fan Label, LLC (“FanLabel,” “we,” “us,” or “our”) through the “SongPicks by FanLabel” mobile application (the “App”). These Contest Rules should be read in conjunction with any individual contest variant instructions (“Additional Instructions”) specific to the applicable SongPicks Contest.

ENTRY INTO A SONGPICKS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES. Participation in a SongPicks Contest and use of the App is also subject to the FanLabel Terms of Use and Privacy Policy. To the extent the Contest Rules conflict with the Terms of Use, the Terms of Use will control unless pertaining to SongPicks Contests in which case the Contest Rules will control. All capitalized terms not defined in these Contest Rules shall have the meanings given in the Terms of Use.

It is your responsibility to retain copies of transaction records and these Contest Rules as they are updated from time to time.

Eligibility

In order to participate in a SongPicks Contest, you must be eligible in accordance with the requirements of the Terms of Use and any additional eligibility requirements imposed by the Additional Instructions.

Restrictions on Conduct

In order to participate in a SongPicks Contest, you must abide by the rules of the Terms of Use, including but not limited to, the Code of Conduct, the restrictions on improper conduct, and the conditions of participation and registration.

Entrants may not communicate with, work with, or otherwise benefit from other persons while entering a SongPicks Contest. Entrants must not take any steps to attempt to materially manipulate stream counts.

FanLabel, in its sole discretion, may disqualify you from a contest or the Services, refuse to award consideration or prizes and require the return of any consideration or prizes, or suspend, limit, or terminate your account if you engage in conduct FanLabel deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Services or in any way detrimental to other users.

Entering a SongPicks Contest

FanLabel will announce SongPicks Contests through the App from time to time. You may enter a SongPicks Contest during the stated “Entry Picking Period” by making the appropriate selection in the App. You must enter the SongPicks Contest before the end of the Entry Picking Period (“Entry Cutoff”). Entry into a SongPicks Contest is distinct from submitting selections for that SongPicks Contest. If you enter a SongPicks Contest, but fail to submit selections for that SongPicks Contest before the Entry Cutoff, you will accrue no points for that SongPicks Contest.

You may be required to deposit Wallet Funds before entering certain SongPicks Contests. Upon entry, the stated entry fee for the SongPicks Contest (“Entry Fee”) will be withdrawn from your Wallet Funds. ALL ENTRIES ARE FINAL; unless FanLabel cancels a SongPicks Contest, NO REFUNDS WILL BE ISSUED even if you do not submit complete selections for the SongPicks Contest.

For each SongPicks Contest, there is a designated set of prizes available for entrants (“Prize Pool”). The number of winners in each SongPicks Contest and the prize amount for each winner in that SongPicks Contest will vary, and will be stated in the Prize Pool for that SongPicks Contest. The Entry Fee and Prize Pool for a contest will not change once the SongPicks Contest is created.

There may be a limit on the number of entries a single entrant can enter into a SongPicks Contest.

For certain contests, FanLabel will limit the maximum number of entries accepted; this will be stated in the description of the SongPicks Contest. SongPicks Contests may proceed (with prizes unchanged) even if they do not reach capacity before the Entry Cutoff. However, if it does not reach capacity before the Entry Cutoff, FanLabel reserves the right to cancel that contest or merge that contest with another identical unfilled SongPicks Contest.

FanLabel reserves the right to suspend or cancel a SongPicks Contest, in its sole discretion, with no restrictions at any time. In the event of cancellation, all Entry Fees will be refunded to you except as specifically provided in these Contest Rules or the Terms of Use.

Challenges that Comprise a SongPicks Contest

SongPicks Contests are comprised of several individual challenges (each a “Challenge”). Each Challenge requires you to respond to a multiple-choice question, fill in a response, or make a prediction about the future popularity of a set of songs or artists, possibly through a ranking methodology. Each Challenge is worth a stated maximum number of points (“Points”); in certain Challenges, it is possible to earn some, but not all of the stated maximum number of Points.

For certain Challenges, you may be required to supply a response within a short period of time (possibly 5-10 seconds), and once supplied, that response is locked-in and cannot be changed. In these Challenges (and others), there may be a right or wrong answer (“Binary Challenges”). For other Challenges, you may supply or modify your response at any time before the Entry Cutoff.

For Challenges that pertain to predictions of the future popularity of songs or artists, the results will be measured across a set, stated period of time (e.g., one week from the Entry Cutoff) (the “Tallying Streams Period”). The Tallying Streams Period may apply across all such Challenges in a given SongPicks Contest or vary from Challenge to Challenge within a SongPicks Contest. The Tallying Streams Period will begin immediately at Entry Cutoff and last for the stated number of days or hours. For instance, if the Entry Cutoff is listed as December 12 at 5:00:00 P.M. ET, and the Tallying Streams Period is listed as 7 days, the Tallying Streams Period will end at 5:00:00 P.M. ET on December 19..

Certain Challenges may ask you to predict the popularity of songs or artists based on streaming data over the Tallying Streams Period, which FanLabel acquires from a trusted vendor (“Streaming Data-Based Challenges”). Other Challenges may ask you to select songs or artists you forecast to be crowd favorites based on a series of factors tied to FanLabel users’ activity in engaging with, liking, saving, and accessing a song through the FanLabel platform (“Crowd Favorite Challenges”). Any popularity prediction Challenge that is not specifically labeled as a Crowd Favorite Challenge is a Streaming Data Challenge. That is, only those specially marked are Crowd Favorite Challenges.

In some Challenges, you may need to select which of the presented songs or artists will be the most popular among the choices presented (“Best Of Challenges”). For instance, if presented with 5 songs, you may be asked to select which of the 5 will be streamed the most over the Tallying Streams Period.

Other Challenges may require you to rank all of the presented songs or artists in order pursuant to a given prediction-based parameter (“Ranker Challenges”). For instance, if presented with 5 songs in a Streaming Data-Based, Ranker Challenge, your task is to put the song that you believe will, over the Tallying Streams Period, be the most streamed of the five in the first slot, the song that you believe will, over the Tallying Streams Period, be the second most streamed of the five in the second slot, and so on.

Determining SongPicks Contest Winners

Entrants have the chance to earn Points for each Challenge in a SongPicks Contest. For Binary Challenges, the entrant either earns the Points associated with that Challenge or not. For other Challenges, the entrant may earn some, but not all of the Points associated with that Challenge.

For Best Of Challenges, entrants earn a specified number of Points (according to the published breakdown of Points for that Challenge) based on where the selection they made lands among the choices presented. For instance, if the selected song was the most streamed song, the entrant may earn 50 Points, whereas if the selected song was the second most streamed song, the entrant may earn 25 Points, whereas if the selected song was the third, fourth, or fifth most streamed song, the entrant may earn 0 Points.

For Ranker Challenges, entrants earn Points for each selection placed in the correct position, and also earn partial Points for each selection placed in a position one away from the correct position (according to the published breakdown of Points for that Challenge). The number of Points awarded for a given selection is independent of all other selections made, and the number of Points available per position (e.g., 1st, 2nd, or 3rd) may vary.

As an example of a hypothetical Ranker Challenge, an entrant may earn 50 Points for each correct prediction (e.g., the song placed in the 1st slot having the most streams over the Tallying Streams Period; the song placed in the 4th slot having the fourth moth streams over the Tallying Streams Period) and 25 Points for the entrant ranked one spot too low or too high (e.g., the song placed in the 1st slot having the second most streams over the Tallying Streams Period; the song placed in the 4th slot having the 3rd or 5th most streams over the Tallying Streams Period).

The Point value of each slot and overall scoring system for the particular Challenge will be made available to the entrant prior to their making selections.

The total number of Points accrued over all Challenges in a SongPicks Contest are summed together to generate a leaderboard for that SongPicks Contest (“Leaderboard”). Using the Leaderboard and Prize Pool for the SongPicks Contest,

FanLabel determines which entrants have earned what prizes. In the case of a tie for a specific spot on the Leaderboard, tied entrants split the total value of the prizes awarded for all the tied places. For example, if 2nd place in a contest pays $50 and 3rd place pays $20, the total prizes are $70, so the two users who are tied for 2nd would each get $35.

Prizes

Once all conditions are satisfied, prizes will be distributed to each winner’s Wallet Funds. We endeavor to promptly settle SongPicks Contests and distribute prizes, but it is also important to us to make sure we do so accurately. Normally, any changes or corrections to streaming or related data will not impact the already-settled contest.

However, we reserve the right in our sole discretion to revise correct responses after they are released in the unlikely event of potential error by a provider or FanLabel. In those circumstances, the SongPicks Contest results may be altered, and payments may be reversed and redone, based on the correction.

If FanLabel mistakenly credits your account with Wallet Funds that do not belong to you, whether due to technical error, human error, or otherwise, the amount will remain property of FanLabel and may be deducted from your Wallet Funds or otherwise charged to you. If you have been issued a prize that does not belong to you, the value of the mistakenly issued prize will (without prejudice to other remedies and actions that may be available at law) constitute a debt owed by you to us. In the event of an incorrect crediting, you are obliged to notify FanLabel at [email protected].

AS DETAILED IN THE TERMS OF USE, FANLABEL RESERVES THE RIGHT TO SET A MINIMUM THRESHOLD FOR REDEEMING PRIZES OR WITHDRAWING WALLET FUNDS, AND WALLET FUNDS MAY EXPIRE.

General Conditions and Release

Winners may be required to execute and return (and winning may be conditioned upon the winner executing and returning) to FanLabel an affidavit of eligibility and a liability and publicity release. The winner may be required in FanLabel’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.

CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE, DEVICE, OR APP, OR TO UNDERMINE THE LEGITIMATE OPERATION OF A SONGPICKS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, FANLABEL RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

Participation in a SongPicks Contest is at your own risk. FanLabel shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the winner as part of 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 your ability to participate in a SongPicks 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 your or any other person’s computer or mobile device related to or resulting from downloading the App or otherwise for a SongPicks Contest; or (5) any warranty with respect to any prize or any component thereof.

SONGPICKS CONTESTS ARE PART OF THE FANLABEL SERVICES AND SUBJECT OT THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND OTHER RESTRICTION IN THE TERMS OF USE. BY PARTICIPATING IN A SONGPICKS CONTEST, YOU ARE BOUND BY THE INDEMNIFICATION, RELEASE, BINDING ARBITRATION AND CLASS ACTION WAIVER, AND OTHER PROVISIONS IN THE TERMS OF USE THAT MAY IMPACT YOUR LEGAL RIGHTS.