Rules

Rules for participating in the Taskrabbit Lyrics contest.

ORGANIZATION OF THE CONTEST

This contest is organized by Taskrabbit, Inc. (“Company”).

ViralSweeps (“Operator”) operates a user-generated content contest in which participants submit creative works that the Company intends to use for promotion and advertising purposes (“Contest”). The description of the Contest is available on the page https://swee.ps/LlZwGDzox. 

Conditions of access and participation in the Contest are defined in these rules ("Rules").

Company will conduct (including without limitation providing technical functionalities allowing to upload and broadcast the Submissions, moderating the Submissions, managing the contractual relationships with the participants in order to grant permission for use of the intellectual property rights on the winning Submissions, delivering the Prizes to the winners) the Contest as described in these Rules.

THE CONTEST IS A TALENT AND SKILL BASED CONTEST. CHANCE PLAYS NO PART IN DETERMINING THE WINNERS.

PARTICIPATION IN THE CONTEST 

The Contest consists of making creative works (hereafter designated as "Submissions") complying with the guidelines available on the page of the Contest on the Contest Landing Page (https://swee.ps/LlZwGDzox) and defined in article 3 of these Rules and uploading these Submissions onto the Contest Landing Page.

At the end of the Contest, some of the accepted Submissions will be selected by the Company as winners of the Jury’s Prizes in the terms set forth in the Rules.

The number of Submissions submitted by each participant to the Contest is limited to (1) one submission per participant..

PARTICIPATING TIME: Uploading time on the Contest Landing Page is from 7/29/2024 at 12:01am PST through 8/1/2024 at 11:59pm PST (“Uploading Period”). This may be extended at Company’s discretion.

IMPORTANT TERMS OF ENTRY 

Participants in the Contest must be aged 18 years of age or over. 

Participation in the Contest is subject to posting your entry to the Contest Landing Page.

The Contest Landing Page is the only way of submitting Submissions to the Contest. Submissions transmitted by any other mean shall be void. 

Prize funds will be paid out to winners through Paypal by Taskrabbit, Inc. Participants must have a valid Paypal account to receive the Prizes. Creation of an account via Paypal is subject to Paypal’s Terms of Service and Privacy Policy. The winners are responsible for the payment of all fees, taxes and other expenses related to the prizes. The Grand Prize Winner is required to complete a W-9 and submitting it to Taskrabbit prior to receiving the prize.

The winners are responsible for the declaration of these payments to their tax authorities and for the payment of all taxes and any social security charge at applicable rates which may be due as a result of receiving these prizes, where and to the extent applicable.

The participants expressly agree that in the event that they terminate their use of the Contest Landing page (i.e. by closing their user account) the contracts concluded and the authorizations granted when participating in the Contest and when accepting the Rules will continue to be in force and will not be called into question.

The employees of the Company, as well as their relatives (parents/grandparents, descendants, spouses) cannot participate in the Contest.

CONFIDENTIALITY Participation in the Contest is subject to strict obligations of confidentiality and non-disclosure of (i) the Submissions and (ii) the information and documents pertaining to the Contest or the Company made available to the participants. 

USE OF THE SUBMISSIONS BY THE PARTICIPANTS Except for the winning Submissions of the Jury’s Prizes whose terms of use are set out in article 5, the participants retain the entirety of their intellectual property rights in the Submissions which are not selected as winning Submissions unless they provide Taskrabbit with explicit consent to use their Submissions for marketing and advertising purposes. The participants shall not use or display the Submissions in a manner, which is disparaging or detrimental to the Company's interest or in a manner which is likely to offend the public. In the event that Company’s Materials have been used by Participants and incorporated in their Submissions, participants shall remove all Company’s Materials from their Submissions. The participants shall make no reference to the Company or its products and brands when they use their Submissions. 

Before participation in the Contest:

-    Participants must read these Rules carefully and accept these Rules in their entirety.

-    Participants undertake to abide by the provisions of these Rules and acknowledge that in case of breach of the Rules, their participation in the Contest and/or the prize granting shall be deemed as void. 

SUBMISSION GUIDELINES

Participants undertake not to upload Submission, of any kind or any nature:

-    which is an infringement of any third party’s intellectual property rights, an unfair competition/passing off;  

-     which uses any official royal symbols or imagery;

-    which constitutes justification of crimes against humanity or war crimes, Nazism, justification of other crimes, offences or fines, a denial of the existence of crimes against humanity or known acts of genocide; a violation of human dignity; 

-    which encourages to commit fines, offences or crimes of any kind whatsoever including terrorist acts; 

-    which is violent or pornographic, paedophilic or likely to violate a minor's right;

-    which is a breach of public order or decency;

-    which is defamatory, libellous, or insulting of or to any individual or legal entity;

-    which is an invasion of privacy or which breaches privacy or any right of publicity;

-    which is racist, xenophobic, a denial or likely to damage anyone's reputation, which  provokes discrimination, hatred or violence vis-à-vis an individual or group of individuals on account of their origin, sex, family situation, physical appearance, family name, health, disability, genetic characteristics, morals, actual or assumed sexual tendencies, age, political opinions, union activities, actual or assumed adherence to an ethnic group, nation, race or religion; 

-    which contains any virus, worm, Trojan horse or any computer file or program that is liable to interrupt, totally or partially destroy or restrict the functions of any computer or IT network that has any (distant or close) relation with Operator's or the Company’s activities; and/or

-    which otherwise breaches or is contrary to applicable laws and regulations. 

Participants must abide by all the terms and provisions regarding the Submissions and the Contest, available on Contest Landing Page.

Submissions that do not comply with the criteria defined in these Rules shall be deemed as void.

Participants must retain a quality copy of the submitted Submissions, such as H.D. or not compressed, in order to enable the use of the Submissions pursuant to the conditions of use defined in these Rules.

Company may request that the creator of a Submission designated as winner of a Jury’s Prize makes modifications to the Submission should it become necessary for any use of the Submission provided under these Rules. However, only modifications to the Submission considered non-material and in line with participant’s moral rights under copyright may be requested. Company reserves the right to refrain from designating a winner of a Jury’s Prize, prize and/or making a payment until the requested modifications have been made. In the case of refusal by the Submission author, another winner of a Jury’s Prize may be designated.

SELECTION OF THE JURY’S PRIZES

Three (3) winning Submissions will be selected by a panel of employees of the Company (hereafter referred to as the "Jury") with the technical and professional skills to select the winners in accordance with the guidelines defined in these Rules. The Jury’s decisions are final and there is no appeal.

The winners whose Submissions are selected by the Jury as winning Submissions undertake to assign their rights in these Submissions to the Company under the conditions set forth in article 6.1.

Winning Submissions will be selected by the Jury pursuant to the following criteria:

-    Quality of execution

-    Narration

-    Originality.

One winner may be selected as winner of several Jury’s Prizes and be awarded the cumulative amounts of several Jury’s Prizes.

Winners of the Jury’s Prizes will be notified by Company no later than five (5) days after the end of Uploading Period. The list of winners will be posted on the page of the Contest. Should a winner not reply within 24 hours at the latest, the Company shall be entitled to appoint another winner and to grant the prize to this other winner or to declare the prize vacant. 

Company shall be entitled to declare the Contest as void if fewer than twenty (20) Submissions respecting the criteria described in these Rules have been submitted at the end of the Uploading Period. The requirement for at least twenty (20) Submissions is justified by the need for the judges to have enough works to select winner(s) on a fair basis. 

JURY’S PRIZES

In consideration for assigning the intellectual property rights under article 6.1 of the Rules, and subject to article 6.4 of the Rules, the winners whose Submissions are designated as Jury’s Prizes will receive the following prizes:

First Prize: a one time and definitive lump sum of $1,000 USD and Submission featured in Company’s advertising campaign.

Second Prize: a one time and definitive lump sum of $500 USD.

Third Prize: a one time and definitive lump sum of $250 USD.

The participants acknowledge that the aforementioned amounts are the total amounts payable for the assignment of the intellectual property rights under article 6.1 and as prizes as awarded to Contest winners based on the criteria under articles 3 and 4. 

The winners are responsible for the declaration of these payments to their tax authorities and for the payment of all taxes and any social security charge at applicable rates which may be due as a result of receiving these prizes, where and to the extent applicable.

The aforementioned amounts will be paid out by the Company no later than twelve (12) weeks after the selection of the winners of the Jury’s Prizes and under the condition that the assignment agreement mentioned in article 6.1 has been returned to Company initialed and signed by the creator in accordance with article 6.4.

USE OF THE SUBMISSIONS WINNING THE JURY’S PRIZES

Winners whose Submissions are selected as Jury’s Prizes assign to the Company worldwide in perpetuity the intellectual property rights in these Submissions in order to enable their use by the Company under the conditions set forth in the assignment of rights agreement. Each winning participant of the Jury’s Prizes irrevocably agrees to enter into and sign an assignment agreement provided to it (in the form required by the Company) for the purpose of documenting such assignment. To that end, an assignment agreement will be sent by email by the Company to the winners of the Jury’s Prizes no later than six (6) weeks after the end of Uploading Period and will be signed between each one of these winners and the Company.

Each of the winners of the Jury’s Prizes undertakes at the request of the Company to sign the assignment agreement and to do all acts and execute all documents which may be necessary to confer and/or confirm the title and ownership by the Company in and to the intellectual property rights in the respective Submissions. Upon execution, this assignment agreement shall replace the authorization of use stipulated in article 7 hereafter. The rights granted by the winners of the Contest will be assigned for the legal duration of protection of the assigned rights as established in the assignment agreement. 

Winners of the Contest authorize the Company to produce and market objects, works, products and services premised upon the ideas, themes and/or concepts developed in those Submissions that were elected winners or which arise there from even if these ideas, themes and/or concepts were the subject of an investment or result from the maker’s specific know-how. The participants hereby grant the Company the rights mentioned above pursuant to the assignment agreement which sets forth, among other things, the rights mentioned above in its general terms and conditions.

The provision of the lump sum under article 5.1 is subject to the winners of the Contest (a) providing the Company with duly initialed and signed copies (original copies or readable copies by any kinds whatsoever) of the assignment agreement and (b) returning to Company the Submission master in the format and fixing medium as indicated by Company. 

If a winner of a Jury’s Prizes fails to return the initialed and signed assignment agreement and the above mentioned master within seven (7) days following receipt of the notification of selection sent by Company by email or is found not to be eligible or not in compliance with the warranties or conditions contained in these Rules (including their appendix), this may result in disqualification and an alternate winner of a Jury’s Prizes may be selected at the Company's own discretion. 

Should the Company decide to relinquish its rights on the Submissions and to not acquire the intellectual property rights in these Submissions, the winners of the Jury’s Prizes will retain the entirety of the intellectual property rights arising out of the Submissions and be awarded prizes whose amounts equal those defined in article 5.1 as prizes awarded to Contest winners based on the criteria under articles 3 and 4.  

USE OF ALL ACCEPTED SUBMISSIONS 

Solely by their participation in the Contest, participants expressly authorize the Company, its partners, clients, assignees, agents, without further consideration, to reproduce, represent, broadcast, print, publish, communicate and transmit the Submissions, in whole or in part, to edit and modify them as reasonably required and to make them available to the public, the right to make or to cause the making of originals and copies of the Submission, for the following uses: use (internal use and communication to third parties) of the Submissions for market research activities, research and development of products and services offered or contemplated by the Company, its partners, clients, assignees, agents, which include, but are not limited to, the analysis of the Submissions, the analysis of ideas and concepts embodied in the Submissions, the generation of insights, establishing and/or using consumer panels to assess reactions to the Submissions and to ideas and concepts embodied in the Submissions, with no number limitation, the right to print on documentation used internally and externally for the analysis of the Submissions, hereafter referred to as “Analysis Use”. 

This authorization includes the right to associate the Submissions with the Company's, its partners’, clients’, assignees’, agents’ activities, products and services. This authorization takes effect upon acceptance of these Rules by participants and is granted on a non-exclusive and worldwide basis and will last for the legal duration of protection of the intellectual property rights upon the Submissions for Analysis Use. 

Moreover, participants authorize the Company, its partners, clients, assignees, agents, to produce and market objects, products and services premised upon the ideas, themes and/or concepts developed in those Submissions or which arise therefrom even if these ideas, themes and/or concepts were the subject of an investment or result from the maker’s specific know-how. To that end, participants authorize and agree not to oppose any re-use of the ideas, themes or concepts contained in their Submissions by the Company, its partners, clients, assignees, agents, for research and development purposes in order to elaborate, manufacture, distribute, market and sell any objects, products or services and, more generally, for any use whatsoever in the general course of business. This authorization is granted for no valuable consideration and with no time nor territorial limitation.

Subject to the rights granted in articles 7.1, 7.2 and 7.3, if Company wishes to utilize the Submissions from participants whose Submission is not selected as winning Submissions, Company shall obtain subsequent, express authorization from the participants to use the Submissions for marketing and advertising purposes. The participant may execute the assignment or licensing of the above-mentioned intellectual property rights for the benefit of the Company for the guaranteed price of $100. 

The Company shall have no obligation to use the Submissions in spite of the provisions of articles 7 or 8.

The terms of this article 7 apply subject to and without prejudice to those of the preceding article 7.

This article 7 shall survive expiration or termination of these Rules for any reason for the duration set forth above in article 7 subject to and without prejudice to the signature of any assignment or license agreement as per the terms of article 6.4 above.

DECLARATION 

Participants acknowledge and agree that (1) the Company has constant access to several sources of works, concepts, ideas, innovation and more generally creative materials of any kind whatsoever, that are developed either internally by its own employees or externally by other sources prior to the Contest and afterwards; (2) if their Submission includes an idea or suggestion, the Company, its affiliates or a company or a third party acting on its/their behalf may have previously worked on, may be working on or may in the future work on the same or a similar idea (a ‘Similar Idea’); (3) for reasons of confidentiality, the Company shall be under no obligation to give the participant any information relating to any Similar Idea; (4) that the Company shall not be liable for any claims, costs, expenses, losses, damages or demands whatsoever suffered or incurred by the participant relating to their Submission or any Similar Idea; (5) the Company may continue to develop and initiate the development of any Similar Idea or suggestion independently of, and without acknowledging, the participant’s idea or suggestion.

WARRANTIES 

All participants represent and warrant that their Submission and the use of their Submission by the Company in the terms herein, do not violate applicable laws and will not infringe any third party’s rights (including without limitation intellectual property rights, publicity rights, privacy rights, or confidentiality).

All participants shall indemnify and hold the Company harmless against any disturbance, action, claim, demand, opposition, liability, loss, damage, cost or expense incurred or suffered by the Company in relation to any breach of these Rules by the participants.

All participants warrant that they are the sole proprietors of the intellectual property rights in their Submission. In the event the participants are not the sole proprietors of the aforementioned rights, the participants irrevocably warrant to the Company that, before making the Submissions available, they have obtained all of the authorizations, licenses and rights required to grant the authorizations, licenses and assignments stipulated in these Rules, in writing from all proprietors of intellectual property rights in their Submissions, from each of the authors who have contributed to their Submission, and/or from all of the people having submitted an idea during the development or the making of the Submission, allowing the participants to grant such rights under these Rules (including the appendix) and allowing the Company to use and exploit the Submissions as envisaged under these Rules without the Company having to pay such people any monies/fees/royalties. In this respect, the participants irrevocably undertake to provide the Company at any time, at their request, with written proof or a copy of all written documents confirming such authorizations, licenses and grants of rights.

All participants warrant that they have obtained written permission of all people included or represented in the Submissions, all artists having performed an artistic, musical or dramatic performance reproduced in their Submission, and any third party having created Third Party Elements included in the Submission, in order to use that person’s content or contribution in the Submission for the purpose of the Contest and in accordance with these Rules and allowing the Company to use and exploit the Submissions as envisaged under these Rules without the Company having to pay such people any monies/fees/royalties. The participants irrevocably undertake to provide the Company at any time, at their request, with written proof or a copy of all written documents confirming such authorizations. 

Subject to the terms of article 7 above, this article 9 shall survive expiration or termination of these Rules for any reason for the duration set forth in article 8 completed by the duration of statute of limitations as applying to the rights and obligations of the parties hereto or third parties the subject of the clause in question.    

INTEGRITY OF THE CONTEST

Company reserves the right to cancel, shorten and/or suspend the Contest, in its sole discretion, if any fraud, including technical fraud, impairs the integrity of the Contest. In this case, Company specifically reserves the right to not attribute prizes to fraudulent entries and/or to pursue the authors and conspirators thereof before the court having jurisdiction thereover.  

AUTHORIZATION

Winning participants of the Jury’s Prizes authorize the Company to use and reproduce their name, surname and prize information in connection with the Contest, for promotional, advertising and press relation purposes, including on the Contest Landing Page without further payment, on a worldwide basis and for a period of ten (10) years after the end of the Contest. 

EVIDENTIARY VALUE

These Rules set forth the rights and obligations of the participants and are legally binding. Therefore, participants expressly show their agreement to the Rules by ticking the designated acceptance box. The agreement is legally binding as soon as the participant ticks the acceptance box. The parties agree that they may exchange by e-mail the information they require to perform the agreement. Any e-mails exchanged between the parties shall be deemed to have the same evidentiary value as a written hard copy document. 

These Rules may be modified at any time by an amendment by the Company Operator and notified by publishing such on-line on the Contest Landing Page.

PRIVACY POLICY

The personal data provided by the participants of the Contest are processed by the Company. The controller and recipient of this personal data is Taskrabbit, Inc. 

Any personal data submitted by participants will be processed in accordance with data protection law.  We will only use the personal data of entrants on the basis of consent.  

Personal data will be collected, used, retained, and disclosed in accordance with Taskrabbit’s privacy policy. For further details on use of your personal data please visit: https://www.taskrabbit.com/privacy.  You can also contact the Company in relation to your data by emailing social@taskrabbit.com.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

THE COMPANY SHALL NOT BE HELD LIABLE AND FORMALLY RENOUNCE ANY LIABILITY IN THE EVENT OF (I) INTERNET CONNECTIVITY PROBLEMS, INTERNET CONGESTION, ANY ISSUE OR PROBLEM ARISING FROM THE QUALITY OF ANY USER EQUIPMENT, LOSS OR LACK OF CONNECTION TO INTERNET WHICH COULD HAVE AN EFFECT ON THE TIME TAKEN TO TRANSFER THE SUBMISSIONS OR THE TOTAL AMOUNT OF TIME REQUIRED TO PARTICIPATE; (II) LOSS OR DAMAGE RELATED TO THE LOSS OF SUBMISSIONS OR OTHER DATA SENT TO THE CONTEST LANDING PAGE; TO THAT END, EACH PARTICIPANT SHALL BE RESPONSIBLE FOR THE CONSERVATION AND SAFEGUARDING OF A COPY OF ANY SUBMISSION THAT SUCH PARTICIPANT SUBMITS WITH REGARD TO THE CONTEST; (III) CONTAMINATION BY ANY POTENTIAL VIRUS OR INTRUSION BY A THIRD PARTY IN A PARTICIPANT’S MODEM OR OTHER EQUIPMENT; (IV) LOSS OR DAMAGE ARISING OUT OF ANY PARTICIPANT’S CONNECTION (OR FAILED CONNECTION) TO THE CONTEST LANDING PAGE; OR (V) ANY INDIRECT OR DIRECT LOSS OR DAMAGE SUFFERED BY PARTICIPANTS THROUGH THE CONCEPTUALISATION AND/OR PRODUCTION OF ANY SUBMISSION AND ANY ITEMS SUCH AS INTER ALIA COMPUTERS, RECORDING DEVICES OR PHOTOGRAPHIC DEVICES USED BY THE PARTICIPANTS IN ORDER TO PARTICIPATE IN THE CONTEST.

THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY INSTANCE OF NON-COMPLIANCE OF THE RULES BY THE PARTICIPANTS AND FOR ANY RELATED LOSS OR DAMAGE FOR THEMSELVES OR FOR ANY THIRD PARTIES. EACH PARTICIPANT HEREBY ACCEPTS AND UNDERTAKES TO BE PERSONALLY LIABLE FOR ANY DAMAGES OR LOSSES BROUGHT ABOUT OR ENDURED BY THE PARTICIPANT WHEN PARTICIPATING IN THE CONTEST OR DUE TO HIS/HER RECEIVING THE PRIZE OR THE USE THEREOF. 

TO THE EXTENT PERMITTED BY LAW, OPERATOR SHALL NOT BE HELD LIABLE FOR ANY ISSUE, COMPLAINT, OPPOSITION, CLAIM, OR DAMAGE (I) RELATED TO THE USE OF THE SUBMISSION BY THE COMPANY, (II) RELATED TO ANY BREACH OF THESE RULES BY THE COMPANY,  (III) RELATED TO THE NEGOTIATION, COMPLETION OR EXECUTION OF ANY CONTRACT, REGARDLESS OF ITS NATURE, THAT THE COMPANY MAY ENTER INTO WITH THE PARTICIPANTS WITHOUT OPERATOR BEING A PARTY THERETO OR (VI) RELATED TO NON-RECEIPT OF PAYMENT OF THE PRIZES .

THE LIMITATIONS OF THE COMPANY’S LIABILITY UNDER THIS CLAUSE DO NOT APPLY IN CASE OF BODILY HARM OR DEATH CAUSED BY A NEGLIGENT ACT OR OMISSION OF THE COMPANY, OR INTENTIONAL BREACH OF COMPANY’S CONTRACTUAL OBLIGATIONS, OR IN CASE OF ANY OTHER HARM CAUSED BY INTENTIONAL OR GROSSLY NEGLIGENT BREACH OF COMPANY’S CONTRACTUAL OBLIGATIONS..

GOVERNING LAW: Disputes regarding these Official Rules will be governed by the laws of the State of California. By entering, you consent to jurisdiction in San Francisco, California, for the resolution of any and all disputes. Should a dispute arise regarding the sweepstakes, entrant and Company shall engage in good faith, informal dispute resolution for a minimum period of thirty (30) days to resolve the dispute. Should the entrant and Sponsor fail to resolve their dispute informally, they shall engage in mediation with JAMS, at their joint and equal expense. Should the mediation fail to resolve the dispute, entrant and Sponsor shall thereafter engage in binding arbitration with JAMS. To ensure minimal cost, the arbitration shall be in front of a single arbitrator and shall be conducted in accordance with JAMS’ Optional Expedited Arbitration Procedures. JAMS rules are available at www.jamsadr.com.  The binding arbitration shall be at Sponsor and entrant’s joint and equal expense, with attorneys’ fees and costs to the prevailing party upon conclusion.