The Search is back and so is your opportunity to get your music on the NBA 2K in-game soundtrack. Submit as many original tracks as you want by 11:59 p.m. ET on December 15, 2021 and you could be heard by basketball fans all over the world. We’re searching so you can be found.
NO PURCHASE REQUIRED TO ENTER OR WIN.
ELIGIBILITY: The SoundCloud-NBA2K the Search (the “Contest”) is open only to legal residents of the fifty (50) United States, the District of Columbia, Australia, Belgium, Japan, Canada (excluding Quebec), Mainland China, Germany, Great Britain, Republic of Ireland, Mexico, Netherlands, New Zealand, Republic of Korea, and Spain, who are at least eighteen (18) years of age or have reached the age of majority in their jurisdiction of residence, whichever is older. Individuals who are under any recording or publishing agreement or who are a member of any union having jurisdiction (if any) over the creation, recording, or use of the Song (as defined below), including, without limitation, music publishers and record companies, are also not eligible. Employees of the SoundCloud, Inc. (“Sponsor”) and 2K. (“2K”) as well as the immediate family (spouse, parents, siblings, and children and their respective spouses, regardless of where they reside) and household members of each such employee, whether or not related, are not eligible. Participation in the Contest constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
SPONSOR: SoundCloud, Inc., 71 5th Ave., Floor 5, New York, NY 10010.
ENTRY PERIOD: The Contest begins at 12:00am U.S. Eastern Time (“ET”) on November 17, 2021 and ends at 11:59pm ET on December 15, 2021 (the “Entry Period”). Entries that are submitted before or after the Entry Period will be disqualified.
HOW TO ENTER: Write and record yourself (and any member(s) of your Group, as defined below) performing a two- to four- (2-4) minute song that is an original composition and melody (“Song”). As set forth below, your Song will be judged to be considered for inclusion in the soundtrack for 2K’s NBA 2K22 video game (the “Game”). To enter, go to the Contest landing page, located at [Soundcloud.com/NBA2KBeatsTheSearch], and complete the submission form. If you are a Repost subscriber, you can also enter by logging into your Repost account and submitting your Entry through the “Pitch to Partners” tab. When you enter, you must upload your Song to your SoundCloud profile and include the link to your Song in your submission form. All components of the Song (including, without limitation, the lyrics (if applicable), composition, and recorded performance of the Song) included with the entry shall be collectively referred to in these Official Rules as the “Entry.” Once uploaded, Entries are considered final and may not be resubmitted or exchanged for another Entry. You may submit more than one (1) Entry, but each submission must be submitted separately and be materially different, as determined by the Sponsor, in its sole discretion, in order for the submission to constitute a separate entry. Original source files must be retained and provided to the Sponsor and/or 2K, upon request. If you do not have a SoundCloud account, establishing an account is free. All applicable terms apply.
GROUPS: An Entry may be submitted by a group of individuals who collaborated on the Entry (a “Group”). Each Group must designate one (1) person within such Group as the agent for the Group (the “Group Leader”) for purposes of entering the Group into the Contest, agreeing to these Official Rules and any other required agreements, affidavits, and releases, and accepting any prize, each on behalf of the Group. All members of a Group must be listed in the Group’s Entry; after the Entry is submitted, a Group is not permitted to add or remove any members. If you are a Group Leader, you are entering into the Contest and agreeing to these Official Rules on behalf of yourself and each member of your Group.
ADDITIONAL REQUIREMENTS: Entries must not have been entered into and won any other contest, promotion, or exhibition, or been otherwise published or distributed, apart from on the SoundCloud platform. Your Entry must not, as determined by Sponsor in its sole discretion: (a) impersonate any person or entity (including by using any celebrity sound-a-likes) or falsely state or misrepresent any affiliation with any person or entity; (b) contain any content that could be considered deceptive, misleading, false, fraudulent, scandalous, indecent, obscene, offensive, sexually explicit or suggestive, pornographic, profane, defamatory, libelous, threatening, harassing, hateful, degrading, intimidating, violent, derogatory, or otherwise unlawful, tortious, or objectionable; (c) encourage, promote, or induce conduct that could violate any law or give rise to criminal or civil liability, or that could be considered unsafe, dangerous, risky, violent, discriminatory, or otherwise inappropriate; (d) advertise or promote alcohol, illegal drugs, tobacco, firearms/weapons (or use of any of the foregoing), or gambling; (e) contain any content that is protected by copyright, right of publicity, or other proprietary right, without the express prior written consent of the owner of such right; (f) endorse any religious or political cause, message, or candidate; (g) endorse any form of hate or hate group; (h) contain any personal information about you or any other person; (i) contain any confidential information, or any material, non-public information about any company; (j) contain any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any website, hardware, software, or network; (k) defame, misrepresent, or contain disparaging remarks about Sponsor, 2K, or their respective products or services, or any other person or company; (l) contain materials embodying the names, likenesses, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without written permission; (m) communicate messages or images inconsistent with the positive images and/or good will to which Sponsor and 2K. wish to associate; or (n) violate any law or regulation. The Sponsor reserves the right, in its sole and absolute discretion, to refuse to accept any Entry for any reason.
ENTRANT’S REPRESENTATIONS AND WARRANTIES: By submitting an Entry, you represent and warrant (on behalf of yourself and all members of your Group, if applicable) that: (a) you and all members of your Group, if applicable, have the legal right and authority to submit the Entry, participate in the Contest, and grant to the Sponsor and 2K the rights set forth in these Official Rules; (b) the Entry complies with all requirements of these Official Rules; (c) the Entry is the original work of you and any members of your Group, if applicable, and you and any members of your Group, if applicable, own all rights to the Entry, or alternatively, to the extent the Entry contains any third-party materials, each such third party has validly authorized you in writing to exploit such third-party materials in the Entry and to grant to the Sponsor and 2K. the rights set forth in these Official Rules; (d) to the extent the Entry features the voice or image of any person, you or a member of your Group, if applicable, are the person so featured, or alternatively, each person so featured has validly authorized you in writing to exploit such person’s voice or image, as applicable, in the Entry and to grant to the Sponsor the rights set forth in these Official Rules; (e) the Entry, and the use thereof by the Sponsor, 2K, and each of their respective designees, does not and will not infringe upon or violate any patent, copyright, trademark, trade secret, or other intellectual property, privacy, publicity, or other rights of any third party; (f) you and all members of your Group, if applicable, have complied and will comply with all applicable laws, rules, regulations, and explicit and implicit agreements with third parties in creating, preparing, and submitting the Entry; (g) all information that you provide to the Sponsor in connection with your participation in the Contest is and will remain accurate and complete; and (h) if you are a Group Leader, you have the authority to agree to these Official Rules on behalf of each member of your Group.
SPONSOR’S AND 2K’S RIGHTS TO ENTRIES: If you are confirmed as a winner, to the extent permitted by law, you (and all members of your Group, if applicable) grant to the Sponsor and 2K a non-exclusive, worldwide, royalty-free, fully paid up, perpetual, irrevocable, fully sublicensable (through multiple tiers) and transferable license, without additional consideration to you (or any members of your Group, if applicable) or third parties, to (a) reproduce, distribute, perform and display (publicly or otherwise), adapt, modify, edit, translate, make available to the public, make, sell, offer to sell, import, and otherwise use and exploit (and have others exercise such rights on behalf of the Sponsor, through multiple tiers) your Entry and any materials embodying, incorporating, or derived from your Entry, in any format or media now known or hereafter developed; (b) create derivative works from and incorporate your Entry into other works or into the Sponsor’s, 2K, or each of their respective designees’ products or services, including, without limitation, the Game; (c) use your Entry for the Sponsor’s and 2K’s commercial, advertising and promotional purposes; and (d) use the name, photograph, portrait, picture, voice, likeness, statements, and biographical information of you (and all members of your Group, if applicable) for the Sponsor’s and 2K’s advertising and promotional purposes, whether or not in connection with your Entry, in each case for the purpose of administering and promoting the Contest, any future Sponsor promotions, and/or the Sponsor and 2K. You (and all members of your Group, if applicable) hereby waive any and all rights that you may have under laws worldwide that concern “moral rights” or “droit moral” in connection with your Entry. The Sponsor reserves the right (but not the obligation) to verify at any time that all necessary rights, clearances, consents, releases, and other permissions in or relating to your Entry have been validly obtained (including any such permissions from members of any Groups). You (and all members of your Group, if applicable) agree to fully cooperate with the Sponsor in any such verification inquiries. Sponsor and 2K have no obligation to make use of the rights granted to them in these Official Rules.
JUDGING: On or about [December 16, 2021 to January 16, 2022], a panel of judges selected by the Sponsor will select up to fifty (50) eligible Entries as finalists, based on the following judging criteria: musical skill and talent; originality and creativity; and overall appeal (“Criteria”). In the event of a tie, the Entry with the higher score for overall appeal will be the finalist. In the event there is still a tie, an additional tie-breaking judge will determine the finalist(s) from among those tied using the Criteria. 2K will select up to twenty (20) potential winners from among the finalists, based on the Criteria. In the event of a tie, the finalist with the higher score for overall appeal will be the potential winner. In the event there is still a tie, an additional tie-breaking judge will determine the potential winner(s) from among those tied using the Criteria. Sponsor reserves the right to select fewer finalists or award fewer prizes if, in its sole discretion, it does not receive a sufficient number of qualified and eligible Entries. Sponsor will not reveal the judging scores for any Entry.
PRIZES: Each winner will receive a cash prize of USD $2,000, and the winner’s Song may be included in the Game. All details of how the Song will be included in the Game will be determined by 2K, in its sole discretion. Attribution for the Song, if any, will be determined by 2K. Entrants are responsible for all taxes (including income and withholding), fees, and other costs associated with prize receipt and use. Prizes are non-transferable or substitutable by winner, and the inclusion of the winner’s Song in the game has no cash value and is not redeemable for cash or otherwise. Limit: one (1) prize per entrant or Group. If a winner is a Group, the Sponsor will award the prize solely to the Group Leader. Sponsor reserves the right to substitute a prize component with another of comparable or greater value. All prize details are at Sponsor’s sole discretion.
REQUIREMENTS OF POTENTIAL WINNERS: Except where prohibited, each potential winner (including each member of a Group, if applicable) will be required to sign and return a declaration of eligibility and a liability/publicity release. In addition, each potential winner (including each member of a Group, if applicable) must sign a release in which the potential winner provides the Sponsor and 2K with a license to use his/her Entry as set forth in these Official Rules. Documents must be signed and returned to the Sponsor within 7 days of being notified. Potential winners who are U.S. residents may be required to provide a Social Security Number for tax reporting purposes. If a potential winner (including any member of a Group, if applicable) fails to sign and return the required documents within the required time period, fails to respond to notification from the Sponsor within three (3) business days, or is otherwise ineligible to receive the prize, he/she (and any other members of his/her Group, if applicable) will forfeit the prize. In such an event, Sponsor may, but has no obligation, to contact a runner-up.
GENERAL CONDITIONS: In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to, technical errors or fraud, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules, or (b) award the prizes according to the Criteria from among the eligible Entries received up to the time of the impairment or as otherwise deemed fair and appropriate by Sponsor. The Sponsor reserves the right in its sole discretion to disqualify any individual (and any Group to which such individual belongs) it finds to be tampering with the Contest or to be acting in violation of these Official Rules and void all associated Entries. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. The Contest is subject to national, federal, state, provincial, territorial, and local laws and regulations and is void where prohibited. In the event of a dispute as to the owner of an Entry, the authorized holder of the SoundCloud account used to enter will be deemed to be the entrant.
RELEASE AND INDEMNITY; LIMITATIONS OF LIABILITY: By participating in the Contest, you agree (on behalf of yourself and all members of your Group, if applicable) to release, indemnify, and hold harmless the Sponsor, 2K, and each of their respective related companies, business partners, and service providers, and its and their respective shareholders, directors, officers, employees, and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of or related to, directly or indirectly, in whole or in part, any participation in the Contest or receipt or use of any prize, including: (a) claims that your Entry violates any copyrights, patents, trademark rights, publicity rights, or other rights; (b) claims arising from any use or other exploitation of, or failure to use or exploit your Entry; (c) claims arising from any breach or alleged breach by you of any covenant, representation, or warranty set forth in these Official Rules, or any act or omission by any member of your Group, if applicable, that would constitute such a breach or alleged breach if undertaken by you; (d) claims of misappropriation of ideas or other intellectual property; (e) claims arising from any technical errors or printing errors, including errors that may prevent you from submitting an Entry; (f) claims arising from unauthorized human intervention in the Contest; (g) claims arising from lost, late, postage-due, misdirected, or undeliverable mail or e-mail; (h) claims arising from errors in the administration of the Contest or the processing of Entries; and (i) claims arising from injury, death, or damage to persons or property. You (and all members of your Group, if applicable) further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorneys’ fees. YOU (AND ALL MEMBERS OF YOUR GROUP, IF APPLICABLE) WAIVE ANY RIGHTS OR CLAIMS TO INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY SO THE ABOVE MAY NOT APPLY TO ALL ENTRANTS. IF YOU ARE, OR ANY MEMBER OF YOUR GROUP IS, A CALIFORNIA RESIDENT, YOU AND/OR THE RELEVANT MEMBER(S) OF YOUR GROUP WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Nothing in this Section shall limit or exclude the Released Parties’ liability for death, or personal injury or damage to or loss of property caused by its negligence or fraud or fraudulent misrepresentation, or anything else excluded by law.
DISPUTES: Except where prohibited, you agree that any and all disputes, claims, and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New York, New York. All issues and questions concerning the construction, validity, interpretation. and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of New York, without giving effect to any choice of law or conflict of law rules (whether of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than New York. Nothing in these Official Rules shall deprive any entrant any rights they may have under the mandatory laws of their home country. Entrants shall be entitled to bring and defend claims in their home courts.
RESULTS: The results will be posted at [Soundcloud.com/NBA2KBeatsTheSearch] for at least 30 days following verification of the winners.