The 2022 GALA AMPED-UP LEGAL CONTEST RULES

Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER. ENGLISH LANGUAGE SKILLS NECESSARY FOR PARTICIPATION.

Entries originating from any jurisdiction expressly voided under these terms and conditions (“Official Rules”), are not eligible for entry. 

  1. Overview.  The 2022 GALA AMPED-UP LEGAL CONTEST (the “Contest”) is a digital competition, hosted by Gala Music, which endeavours to find the next hit artists of web3 and bring them into the mainstream. Artists may enter the contest by submitting live performance videos to Gala Music. After a pre-screening audition phase, the semi-finalists will be voted on by the public. The top 5 artists will have a special performance filmed for the final stage of competition, and the winner, as voted, will have the opportunity to open for a nationally-recognized touring artist.
  2. Eligibility.  The Contest is open to natural persons (“Individuals”) who meet all of the following requirements:
    1. Age – Individuals must be at least the age of majority in their jurisdictions of residence.
    2. Residency– Individuals must be a citizen of one of the following jurisdictions:
      1. UK
      2. Ireland
      3. Sweden
      4. France
      5. Germany
      6. Japan
      7. The Netherlands
      8. New Zealand
      9. Switzerland
      10. U.S. (except in FL and NY)
      11. Canada (except in Quebec)
      12. Belgium
      13. Singapore
      14. India
      15. Denmark
    3. Exclusions – The following are not eligible: (i) individual citizens or residents of the following jurisdictions: Cuba, Iran, North Korea, the Crimea, Donetsk, or Luhansk regions of Ukraine, Syria, and Venezuela or temporary or permanent residents of any country in which the Contest participation is prohibited by law or would impose undue hardship on either the individual or the Organiser (defined below) based on applicable national or multinational jurisdiction export control restrictions; (ii) an Individual employed by a government or private entity, which may be subject to applicable U.S., U.K., the European Union, or the United Nations export control sanctions; and (iii) employees, contractors, directors and officers of Blockchain Gaming Partners, Inc. (“Gala” and/or “Organiser”) or its subsidiaries, affiliates and agents, as well as the Immediate Family of each such employee.  (“Immediate Family”) shall mean an Individual who is a spouse, parent, sibling, child, or household member.
    4. Employer/Entity Permission/Acknowledgement – Individuals hereby represent and warrant that his/her participation in the Contest will not violate any third-party rights or obligations, including without limitation policies or procedures of an employer or an entity created pursuant to the laws of its jurisdiction, which may include without limitation a university or other educational/research institution, (“Entity”) or contractual obligations to or restrictions of an employer or Entity.  Organiser may disqualify any Entrant who fails to provide such documentation immediately upon Organiser’s request thereof in Organiser’s sole and absolute discretion. 
    5. Visa – Each Entrant must possess a valid passport to travel as described and defined below. Each Entrant must be able to obtain a visa to perform in the United States.
    6. English – Individuals must fluently speak, read, write, and understand English.  All discussions will be conducted in English. 
    7. Entity Exclusions –Entities must NOT (i) have any legal jurisdiction incorporation or business registration presence in Cuba, Iran, North Korea, the Crimea Donetsk, or Luhansk regions of Ukraine, Syria, and Venezuela; (ii) be subject to applicable U.S., U.K., the European Union, or the United Nations export control sanctions; or (iii) be a parent or subsidiary of the Organiser.
    8. Void where prohibited.
  3. General Conditions of Participation.  
    1. An Individual who meets the applicable eligibility requirements set forth in Section 2 of these Official Rules, signifies agreement to these Official Rules in full, and participates in the Contest is an Entrant (“Entrant”).
    2. By submitting the registration/submission form, Entrant signifies Entrant’s acceptance of these Official Rules in their entirety.  Receipt of any prize offered in this Contest is dependent upon Entrant’s compliance in full with these Official Rules.
    3. To the extent permitted under applicable law, Entrant agrees that Organizer may cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest. 
    4. Entrant agrees that Organiser may disqualify any Entrant it finds to be tampering with the operation of the Contest or to be acting in violation of the Official Rules or in an unsportsmanlike or disruptive manner.  Any attempt by any Entrant to deliberately undermine the legitimate operation of the Contest may be a violation of the law, and the Organiser reserves all rights to seek damages and other remedies (including attorneys’ fees) from any such Entrant to the fullest extent permitted by law.
    5. Organiser is not responsible for incorrect or inaccurate entry information or content submitted by Entrant whether caused by internet users or by any of the equipment or programming associated with or utilised in the Contest or by any technical or human error out of the Organiser’s control which may occur in the administration of the Contest.
    6. If you choose to enter using your mobile device, standard data fees may apply.  You should consult your wireless service provider’s pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. You should also check your device's features for capabilities and check the device manual for specific use instructions.
    7. All terms and conditions of any Contest website apply.  
    8. Multiple Entrants are not permitted to share the same email account.  Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different email accounts, identities, registrations and logins, or any other methods will void that Entrant’s entry and that Entrant may be disqualified. 
    9. Use of any automated, programmed, robotic, or similar means of entry system to participate is prohibited and will result in disqualification.  
    10. In the event of a dispute as to any email account, the authorised account holder of the email address used to register on the platform or for the account will be deemed to be the Entrant. The “authorised account holder” is the Individual assigned an email address by an internet access provider, online service provider or other organisation responsible for assigning email addresses for the domain associated with the submitted address.  Each potential winner may be required to show proof of being the authorised account holder. 
    11. Organiser is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic out of the Organiser’s control.  Proof of submission will not be deemed to be proof of receipt by Organizer.  
    12. Entrants must comply with the applicable laws, decrees, regulations and guidelines of their jurisdiction of residence, and Organiser will have no obligation to change or modify any of these Official Rules or take any further action as a result of such laws, decrees, regulations or guidelines of any jurisdiction, except as is otherwise provided in these Official Rules.
    13. Organizer’s decisions are final and binding in all matters relating to this Contest, including, but not limited to, interpretation and application of these Official Rules.  By entering the Contest, Entrants fully and unconditionally agree to be bound by these rules and the decisions of the Organiser, which will be final and binding in all matters relating to the Contest. Unless explicitly requested by Organizer and the Judges, once the initial Submission is submitted, Entrant may not make any alterations.
  4. Timing of Contest Stages.  
    1. October 12th -21st OR until Organiser receives 500 submissions, at Organiser’s discretion- “Submission Acceptance Period”
    2. October 31 - November 6 - “Semi-Finals Voting Period”
    3. November 14 - “Final Five Announced”
    4. December 5-9- “Final Five Voting”
    5. December 16- “Winner Announced” Winners will be announced on Gala Music Social media and amped-up.gala.com.
  5. Contest Structure/Stages
    1. Registration/Submission Stage 
      1. Entrants may enter the competition via the "Apply Now" link & typeform on amped-up.gala.com. All entrants must submit 2 performance videos hosted on YouTube, artist bio, at least 1 photo, and their social media and music platform profile information along with e-mail address, phone number, and contact + artist name(s).  50 entrants will be selected by the internal Gala Music Committee. Entrants will be selected based on the quality and intensity of performance, quality of recording, originality, and songwriting acumen. These 50 entrants will have their entries hosted on the Amped-Up voting platform site. Members of the public will be allowed to vote for their favourite entrants during the public voting period. The 5 entrants with the most votes are now finalists and will have a new performance filmed in an exciting setting of Gala's choice. The entrants (and band members as applicable) will be flown to the location for filming. The resultant videos will be up for vote again in the Finals stage. During the finals stage, viewing and voting may be token, or access-gated to Gala Music holders / community members. Voting occurs on the voting platform site. The resulting winner will be announced. This winner will be eligible to perform as an opening act for a nationally-recognized touring artist at Gala's discretion.
      2. Entrant must complete all required fields in English.
      3. Limit one (1) Submission per Individual. Individuals are not permitted to submit a Submission more than once during the Registration/Submission Stage, as defined below.  Duplicate Submissions by the same person will be subject to disqualification.
      4. All Submissions will be judged based on the following equally-weighted judging criteria (“Judging Criteria”): 
        1. Submissions will be judged based on their (i) quality and intensity of performance, (ii) quality of recording, (iii) originality, and (iv) songwriting acumen. 
        2. Submissions will be narrowed to 50 total submissions by the Gala Music Committee. Those 50 submissions will be voted on by the public during the “Semi-Finals Voting Period.” 
  6. Intellectual Property.  
    1. By entering, each Entrant warrants and represents the following with respect to Entrant’s Submission: (a) Entrant is the sole and exclusive owner of the Submission and Entrant has all appropriate rights, powers and authority to grant Organizer all licenses to the Submission as set forth herein; (b) Entrant is not subject to any prior contractual, employment or third party commitments that would restrict Entrant’s ability to create and enter the Submission; (c) the Submission will not infringe on any rights of any third parties, and Entrant has all appropriate rights to use, and to grant Organizer the right to use, any third party content or technology used to develop or contained in the Submission; (d) to the extent possible under applicable law, no party can invoke any moral rights in relation to the Submissions that have not been duly waived; (e) the Submission and Entrant’s participation does not violate any local, state, provincial, national or foreign law; (f) the Submission does not contain the confidential information of any third party, and to the extent it contains Entrant’s confidential information, such information immediately becomes non-confidential the moment Entrant submits the Submission to Organizer and (g) the Submission is not being submitted on behalf of any Entity, including without limitation, any education institution or any other third party. 
    2. Organiser shall have an irrevocable, perpetual (or for the duration of protection of the rights where perpetuity is void), non-exclusive right to use, reproduce, modify, publish, create derivative works from, and display Submissions in whole or in part, on a worldwide basis, with or without identification of the Entrant or any authors of the Submission, in whatever form and in whatever circumstances Organiser sees fit, and to incorporate it into other works, in any form, media or technology now known or later developed (but for Spanish participants, in any medium known at the time when such rights were granted), for any purpose whatsoever, without prior review, payment, compensation, or additional consent by Entrant, including for promotional or marketing purposes, administration of the Contest, and in advertising and publicity related to the Contest, and Entrants consent to Organiser doing (or omitting to do) any acts in respect of the entry which may otherwise constitute an infringement of the Entrant’s moral rights, to the fullest extent permitted by law.  The right to use set forth in the previous sentence shall also include a limited right to sublicense the Submissions to effectuate any purpose granted hereinto Organizer.  In granting this licence, Entrant understands and agrees that Organiser is under no obligation to exercise any of its rights, licences and privileges herein granted.  Entrants hereby agree to do such other things and execute such other documents as may be reasonably requested in order to allow the Organiser to make such use of, and exercise such rights over, their Submission.
  7. Submission Guidelines and Content Restrictions: By entering the Contest, each Entrant agrees that Entrant’s Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Organiser, in its sole discretion, may remove any Submission and disqualify an Entrant from the Contest if it believes, in its sole discretion, that the Entrant’s Submission fails to conform to the Guidelines and Restrictions.
    1. Submission Guidelines:

Video must be hosted on YouTube with a link provided in the typeform application. Links may be unlisted if desired. Video should be 480p resolution minimum. Entrants must provide the following information:

- Demo: (2) Two performance videos hosted on YouTube

- Reach: Social media + Music Platform profiles

- Artist Profile: Members, Music Genre

- Brief Biography and list of previously released works

- What, if any, NFT history or web3 knowledge does the entrant have?

  1. Prizes.  
    1. Semi-Finalist Prize: 5 semi-finalists, as voted on in the first stage of the contest, will be flown to a Gala location (within the US) to film their final entries in a stage setting. Those semi-finalists shall receive Return Travel + accommodation covered for the artists +1 guest per artist / band member.
    2. Finalist Prize: 1 finalist, as voted in the second stage of the contest, will have the opportunity to appear as an opening act for a nationally-recognized touring artist at Gala's discretion during the calendar year 2023. Finalist shall receive Return Travel + accommodation to be covered for the artists +1 guest per artist / band member.
    3. AWARDS OF PRIZES TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO ORGANISER ALL DOCUMENTATION REQUESTED BY ORGANISER TO PERMIT IT COMPLY WITH ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, LOCAL OR OTHER TAX REPORTING LAW OR REGULATIONS IN THE UNITED STATES AND IN THEIR RESPECTIVE JURISDICTION.  IF APPLICABLE, ALL PRIZES WILL BE NET OF ANY TAXES ORGANISER IS REQUIRED BY LAW TO WITHHOLD. TO THE EXTENT PERMITTED BY LAW, ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS.  Refusal by any Entrant to submit such documentation or complete any required forms or obligations shall result in such winner forfeiting the prize, leaving it unclaimed.
    4. Limit one (1) prize per person or household.  
  2. Release.  
    1. BY PARTICIPATING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO THE NON-EXCLUDABLE GUARANTEES (DEFINED BELOW) ENTRANTS AND WINNERS AGREE TO RELEASE AND HOLD HARMLESS ORGANISER, ITS PROMOTIONAL PARTNERS, AND THEIR ADVERTISING AND PROMOTIONS AGENCIES, CONTENT PROVIDERS, PRODUCERS AND DISTRIBUTORS OF CONTENT AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, “RELEASED ENTITIES”), FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN CONTEST, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF PRIZE OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION.       
  3. Limitation of Liability; Disclaimer of Warranties.  
    1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE ANY WEBSITES ASSOCIATED WITH THIS CONTEST, OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED “AS IS”  WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW (I) THE EXCLUSION OF IMPLIED WARRANTIES ON APPLICABLE STATUTORY RIGHTS; AND (II) LIMITATIONS ON A CONTRACTING PARTY’S LIABILITY WITH REGARDS TO DAMAGES OR DEATH CAUSED DUE TO ITS NEGLIGENCE OR INTENTIONAL MISCONDUCT, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY IN SOME CASES.  THIS LIMITATION MAY NOT BE ENFORCEABLE IN ALL JURISDICTIONS AND THEREFORE MAY NOT APPLY TO ALL ELIGIBLE PARTICIPANTS. FURTHER, NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR MODIFIES OR PURPORTS TO LIMIT, EXCLUDE OR MODIFY ANY STATUTORY CONSUMER GUARANTEES OR ANY IMPLIED CONDITION OR WARRANTY, THE EXCLUSION OF WHICH FROM THESE OFFICIAL RULES WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE TERMS AND CONDITIONS TO BE VOID (“NON-EXCLUDABLE GUARANTEES”).  CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
    2. For Residents of Colombia, Finland, Germany, Italy, and Spain only: This limitation to the amount of damages does not apply.  
    3. For Residents of Poland only:  Complaints regarding the Contest proceedings may be submitted in writing to Organizer’s address within 21 days of the end of the Contest. A written complaint should include: name, address of the Entrant, as well as detailed description of the complaint.  A complaint will be resolved within 14 days of receipt by the Organizer.  The decision will be communicated to the Entrant in writing by a registered letter sent to the address included in the complaint within 7 days of the resolution of the complaint.  
  4. Cancellation/Modification.  
    1. Organiser reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, global pandemic, fraud, force majeure, or other causes beyond its reasonable control corrupt or affect the administration, security, fairness, or proper conduct of the Contest and/or as a result of any applicable law, regulation, decree or guideline, or for any reason at all, in Organiser’s sole discretion.  
    2. If Organizer decides to cancel or modify this Contest in accordance with these Official Rules, it will provide a notice of such cancellation or modification on the Site or in a social media post from its owned and operated channels.  Organiser reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or web site.  Organiser may prohibit an Entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants or Organiser representatives.
    3. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE ORGANISER RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
  5. Disputes; Governing Law.  To the fullest extent permitted by law, the parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest.  For Italian consumers only: any disputes arising out of or in connection with these Official Rules shall be subject to the jurisdiction of the competent court of the place where she or he has her or his residence or domicile.  
    1. THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES.  
  6. Use of Data.  By entering the Contest, Entrant agrees to the Organiser’s website Terms and Conditions (https://music.gala.com/terms-and-conditions) and Privacy Policy (https://music.gala.com/privacy-policy).
  7. Name of Winner/List of Winners. To obtain a list of winners including country and/or city and state of residence, as applicable, email legal@gala.games.
  8. Severability.  If the application of any provision of these Official Rules to any particular facts or circumstances shall for any reason be held to be invalid, illegal or unenforceable by a court, arbitration panel or other tribunal of competent jurisdiction, then (a) the validity, legality and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of these Official Rules, shall not in any way be affected or impaired thereby; and (b) such provision shall be enforced to the maximum extent possible.  In addition, if any provision contained in these Official Rules shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law.  Organiser’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.