Official Rules

“Audica™ Community Maps Contest”

Sponsored by

Harmonix Music Systems, Inc.

1. Contest Period:Audica™ Community Maps Contest” (the “Contest”) commences at 12:00 PM Eastern Time (ET) on June 10, 2019 and ends at 12:00 PM ET on July 10, 2019 (the “Contest Period”).  All Entries for the Contest must be received during the Contest Period.

2. Eligibility: This Contest is open only to natural persons who are legal residents of one of the 50 States of the United States of America or the District of Columbia.  Entrants must be at least 18 years of age or older at time of entry.  Proof of residency and age may be required.  Employees, officers, and directors of Harmonix Music Systems, Inc. (“HMX”), as well as the immediate family members (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) to each of the above and persons living in the same household of each of the above are not eligible to enter or win the Contest.  By participating in the Contest, each Contestant (defined in Section 4): (a) agrees to be bound by these Official Rules and by the interpretations of these Official Rules by HMX, and by the decisions of HMX, which are final and binding in all matters relating to the Contest; (b) consistent with Section 9, agrees that the Released Parties (defined in Section 5) are not responsible for, and agrees to release and hold harmless Released Parties against, any and all claims, injuries or damages arising out of or relating to participation in the Contest and/or use or misuse or redemption of any Prize (as hereinafter defined); and (c) acknowledges compliance with these Official Rules.

3. SUBJECT TO SECTION 4 BELOW, NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE.  VOID OUTSIDE THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, AND VOID WHERE PROHIBITED OR RESTRICTED BY LAW.  Subject to all applicable federal, state and local laws and regulations.

4. To Enter: Entrants may enter the Contest during the Contest Period by (a) creating an alternate target map for the song “Decode Me” that is playable in Audica in a .mid format (as described at http://www.harmonixmusic.com/blog/introducing-community-maps-in-audica-update-015) (“Decode Me Map”), (b) naming your Decode Me Map with a filename “decodeme_YOURNAME.mid”, where “YOURNAME” is your Discord account name, and (c) uploading your Decode Me Map to the #audica-community-maps channel on the Harmonix Discord server (Discord.gg/Harmonix) (each, an “Entry”). Each person submitting a fully completed Entry in accordance with these Official Rules (“Qualified Entry”) shall be hereinafter referred to as a “Qualified Entrant”. Limit one (1) Entry per person (each Entrant must have their own Discord account), however, if a Qualified entrant submits more than one Decode Me Map, only the most recently submitted Decode Me Map will be counted as the Qualified Entry. Each entrant acknowledges and agrees to HMX’s Privacy Policy and Terms of Use at www.harmonixmusic.com.

5. Prize Winner Selection/Notification: From the end of the Contest Period until 12:00 PM ET on July 18, 2019 (the “Judging Period”), each Qualified Entry will be evaluated and scored by a panel of judges at HMX from the Audica development team (the “Judges”). The Judges will score each Qualified Entry on a scale of 1-10 based on the following criteria:

          • Spacing – On expert difficulty, targets come at the player from 180 degrees – how well does the Entry make use of that space?

          • Timing – Does the Entry feel musical and in-sync with unique rhythms?

          • Choreography – How well does this Entry engage the players body? How satisfying are the moves the player has to make?

          • Creativity – How varied are the target types and how unique are the shot patterns?

          • Replayability – Was it fun? Would we want to play it again?

The Qualified Entry with the highest score from the Judges will be eligible to win the Grand Prize. The Qualified Entries with the second through eleventh highest scores from the Judges will each be eligible to win a Gold Prize. All Qualified Entries will be eligible to win a Standard Prize. In the event of a tie for any Grand Prize or Gold Prize, the Qualified Entry that was the earliest submission will win such Prize. Entrants acknowledge and agree that all calculations by the Judges are at HMX’s sole determination. Each of the winners of the Grand Prize, Gold Prize and Standard Prize are referred to herein as “Prize Winners”.

HMX will use reasonable efforts to notify the potential Grand Prize and Gold Prize Winners within 48 hours after the end of the Judging Period. HMX will make up to two (2) attempts over such 48 hour period to contact the Prize Winner(s) via Discord. Prize Winners who enter the Contest will need to be registered with Discord in order to receive a Prize. If a potential Prize Winner cannot be reached through those efforts during such 48 hour period following the selection of that potential Prize Winner, that potential Prize Winner may be disqualified. A maximum of one (1) Grand Prize or Gold Prize will be awarded to an individual.

6. Prize Winner Verification: In order to claim a Prize, the potential Prize Winner will be required to sign an affidavit of eligibility, name and likeness release, and release of HMX, and its respective employees, officers, directors, representatives, agents, successors and assigns (collectively, “Released Parties”) from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Contest or the use/misuse or acceptance of any Prize (or any portion thereof) (“Affidavit”).  Additionally, each potential Prize Winner will need to sign an assignment of such Prize Winner’s Decode Me Map to HMX. Each potential Prize Winner may, in HMX’s sole discretion, be required to show a valid state issued driver’s license, government-issued identification or other identification (subject to HMX’s approval) as evidence of identity.  In addition, such Prize Winner may need to sign and return an IRS W-9 form (which includes his/her Social Security Number) for tax purposes.  In the event of non-compliance by any Prize Winner with any required documentation provided by HMX, such Prize Winner shall be disqualified and all privileges otherwise due as a Prize Winner shall be terminated and an alternative potential Prize Winner may be chosen in HMX’s sole discretion and time permitting. Entry into this Contest constitutes agreement to sign such releases, assignments and any other documentation required by HMX. All decisions of HMX relating to the Contest are final and binding. HMX expressly reserves the right to delay the announcement of Prize Winner(s) for creative or technical reasons or for any other reason HMX deems necessary.   

7. Prizes:  The following prizes (each a “Prize”) are offered in this Contest:

Each Qualified Entrant will receive a “Standard Prize” consisting of the following prize elements which has a total approximate retail value (“ARV”) of $0.01:

          • Exclusive in-game flair on the Audica leaderboards (coming in a future Audica update)

          • A special role on the Harmonix Discord server to identify your talents as an Audica map creator

The one (1) Qualified Entrant verified as the Grand Prize Winner will receive, in addition to the Standard Prize described above, a “Grand Prize” which consists of the following with an ARV of $150.00:

          • Your Decode Me Map will become the official in-game default map for “Decode Me”

          • You will be credited in-game as the creator of the Decode Me Map

          • HMX will create and post a Mixed Reality video showcasing your Decode Me Map

Each of the ten (10) Qualified Entrants verified as Gold Prize Winners will receive, in addition to the Standard Prize described above, a “Gold Prize” which consists of the following with an ARV of $20.00

          • Your Decode Me Map will be included in the in-game “Community Maps” folder in a future Audica update

          • Your Decode Me Map will be featured and played during a future HMX livestream

8. The ARV of each Prize and each Prize element is subject to change based on current market conditions at time of Prize fulfillment. Any difference between the ARV and the actual value, if any, will not be awarded. No other substitution, transfer or cash equivalent permitted. HMX reserves the right not to award the Prize if it determines, in its sole discretion, that an insufficient number of Qualified Entries were received during the Contest Period.    EACH PRIZE IS PROVIDED “AS IS”.  HMX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT THERETO, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

9. Prize Terms: Arrangements for fulfillment of all Prizes will be made by HMX. All elements of all Prizes are subject to availability.  The value of the applicable Prize will be taxable to each Prize Winner as income. Each Prize Winner is responsible for reporting and payment of all applicable federal, state and local taxes.  HMX shall have no responsibility or obligation to a Prize Winner or potential Prize Winner who is unable or unavailable to accept or utilize a Prize as described herein. No substitution, transfer or cash equivalent of the Prize or any portion thereof is permitted, except by HMX, in which case a prize of equal or greater retail value may be awarded.

10. General Terms and Limitations of Liability: Noncompliance with any of these Official Rules may result in disqualification. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY ENTRANT AND/OR PRIZE WINNER OR ANY BEHAVIOR BY ANY ENTRANT AND/OR PRIZE WINNER THAT WILL BRING SUCH ENTRANT, PRIZE WINNER AND/OR HMX INTO DISREPUTE (IN HMX’S SOLE DISCRETION) WILL RESULT IN SUCH ENTRANT AND/OR PRIZE WINNER’S DISQUALIFICATION AS AN ENTRANT/PRIZE WINNER AND ALL PRIVILEGES AS AN ENTRANT/PRIZE WINNER WILL BE IMMEDIATELY TERMINATED.

 

BY ENTERING THIS CONTEST, EACH ENTRANT (i) AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS HMX AND EACH OF THE OTHER RELEASED PARTIES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE TO PERSONS OR PROPERTY, COSTS, EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES) AND ACTIONS OF ANY KIND (AND AGREE TO WAIVE ANY SUCH CLAIMS, ETC.) RELATED TO, RESULTING FROM OR ARISING OUT OF THIS CONTEST (INCLUDING, WITHOUT LIMITATION, MY PARTICIPATION IN THE CONTEST) OR RESULTING FROM THE ACCEPTANCE OR USE OF ANY PRIZE AWARDED INCLUDING, BUT NOT LIMITED, TO PERSONAL INJURY, DEATH, DAMAGE TO OR LOSS OF PROPERTY, INVASION OF THE RIGHT OF PRIVACY OR PUBLICITY, AND (ii) ACKNOWLEDGES THAT HMX AND THE OTHER RELEASED PARTIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO ANY PRIZE.

 

HMX and other Released Parties shall not be liable to any Winner or any other person for failure to supply the Prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s), or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control.  HMX and the other Released Parties shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any persons.

 

HMX and the other Released Parties assume no responsibility for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in this Contest or by any human error which may occur in the processing of the Entries in this Contest or the administration of the Contest. HMX and the other Released Parties are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, hardware, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including, without limitation, any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Contest or data corruption, theft, destruction, or unauthorized access to entry or other materials and information. HMX and the other Released Parties are not responsible for any typographical or other error in the printing of the offer, administration of the Contest, or in the announcement/notification of the Prizes and/or Prize Winners. If, for any reason, the Contest is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, HMX reserves the right in its sole discretion to cancel, terminate, modify or suspend the Contest. Should the Contest be terminated prior to the stated expiration date or modified, notice will be posted on www.twitter.com/harmonix and the Prizes may be awarded in a manner that is fair and equitable as determined by HMX. All interpretations of these Official Rules and decisions by HMX are final and binding. No software-generated, robotic, programmed, script, macro or other automated online or text message entries are permitted. HMX reserves the right in its sole discretion to disqualify any individual it suspects or finds: (i) to have used a software-generated, robotic, programmed, script, macro or other automated gameplay; (ii) to have tampered with the entry process or the operation of this Contest; (iii) to be acting in violation of these Official Rules; (iv) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (v) to have provided inaccurate information on any legal documents submitted in connection with this Contest. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, HMX RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THE MASSACHUSETTS COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS SHALL GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS.

11. Request for Name of Prize Winners and Official Rules: For the names of the Prize Winners and/or Official Rules, send a self-addressed stamped envelope to:

 

Harmonix Music Systems, Inc.

40 Broad Street, Floor 7

Boston, MA 02109

Attention: Community

All requests for a copy of the Official Rules and for the names of the Prize Winners must be postmarked within six (6) months of the end date of the Contest Period.  Please note on the front left-hand corner of your outer envelope whether you are requesting "Official Rules" or the names of the “Prize Winners". Vermont residents may omit return postage if requesting a set of Official Rules.  Copies of the Official Rules may also be printed from HMX’s website at : http://www.harmonixmusic.com/AudicaCommunityMapsContest.

12. Privacy Policy; Web Terms.  HMX will treat all information provided by entrants when entering the Contest according to HMX’s Privacy Policy at www.harmonixmusic.com/privacy.  By entering the Contest, each Contestant hereby agrees to HMX’s Privacy Policy and the web site terms of use at www.harmonixmusic.com/terms. 

13. Sponsor: This Contest is sponsored by Harmonix Music Systems, Inc., 40 Broad Street, Floor 7, Boston, MA 02109.