Terms of Service
This competition is being run by Academy 145. Trubify will be used as the platform to gather their submissions. The views and opinions expressed by Academy 145 do not necessarily reflect the opinions of the staff and management of Trubify. Please see Academy 145 Songwriting + Production Bootcamp details here.
To enter, live stream your original song using the free Trubify mobile app. Alternatively, you may upload a pre-recorded video of your original song via the Trubify web app available here: https://app.trubify.com. (Note: You must first download the free Trubify mobile app and complete the registration process prior to using the Trubify web application.)
Prior to entering, please confirm that you meet the eligibility.
Submissions will be accepted from 6:00 a.m. Pacific Standard Time on July 8, 2022, through and including 11:59 p.m. Pacific Standard Time on August 19, 2022. No videos will be considered after this time.
- Eligibility Requirements.
- To participate in this competition, you must attest to the following:
- By August 19, 2022 you will be at least 21+ years old.
- That you do not have any contractual arrangements that would prohibit you from competing in the competition.
- You are willing to sign a release allowing Trubify to use competition photos, videos, and audio content at its discretion.
- You acknowledge that Trubify will, at its discretion, make eligibility determinations. Trubify reserves the right to change any of the eligibility requirements at any time.
- You have a US phone number.
- You must acknowledge that all performances and submissions will be done on a strictly voluntary basis and you will not be paid or compensated in any way for participation in the competition.
- See full Academy 145 requirements here. We highly recommend you read these requirements before entering.
- To participate in this competition, you must attest to the following:
- Video Submission Requirements.
- General Requirements.
- You must download the Trubify’s FREE app and complete registration with a valid email address so that we may contact you with your status in the competition.
- You may submit as many videos as you like. There is no charge to participate.
- General Requirements.
- Video title must include “Academy 145” and you may submit as many videos as you like.
- Submission will be of good quality in both video and audio.
- Submissions should be submitted either by livestreaming on the Trubify app (free to download and use) or by using the Trubify web app upload feature located at https://app.trubify.com.
- Submissions will be accepted starting 6:00 a.m. PST on Friday July 8, 2022 through 11:59 p.m. PST on Friday August 19, 2022. (*Note to use the Trubify web app feature you must first download the Trubify app on your mobile device and complete the registration process).
- The video MUST be submitted by a registered User at least twenty one (21) years of age just for this competition.
- Trubify reserves the right to determine, at its sole discretion, if you are eligible to participate in the competition. Trubify reserves the right to exclude, in its sole and absolute discretion, any individual(s) from the submission process for any reason or for no reason at all, including without limitation, violation of any portion of these Terms and Conditions, or tampering with the submission process.
- Video Content
- Your performance must be your original song.
- Your Video must NOT contain material which is sexually explicit, obscene, pornographic, violent (for example, relating to murder, weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, national origin, physical disability, sexual orientation or age), illegal (for example, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane or harassing.
- Competition Process and Winning Selection:
- The submission period will begin at 6:00 A.M. on July 8, 2022 and end at 11:59 P.M. August 19, 2022.
- One (1) winner will be selected by Academy 145 to attend their Songwriting + Production Bootcamp.
- Winner will receive free tuition to Academy 145 Songwriting + Production Bootcamp. (*Note “Tuition” does note include airfare to and from destination, but does include - Music production fees, Lodging, Food, Transportation to and from airport, and Bonus media content)
- Please see here for full Academy 145 Songwriting + Production Bootcamp details.
- Winners will be announced on August 20, 2022 on Trubify and Social Media Platforms.
- Winners will be contacted via email by Academy 145.
- Trubify reserves the right to exclude, in its sole and absolute discretion, any individual from the submission process for any reason or for no reason at all, including without limitation, violation of any portion of these Terms and Conditions, or tampering with the entry process or the submission process. Trubify also reserves the right to change these Terms and Conditions at any time, with or without notice.
- Trubify has no obligation to review your video or to use your video in any manner whatsoever. Trubify has the right, but not the obligation to use any of the rights granted by you herein.
- All photos, audio, and video media may be published in any manner Trubify may see fit, including but not limited to, newsprint, magazines, websites, blogs, vlogs (video logs), CDs, DVDs, and other physical and digital formats.
- All artists will receive full credit for their material(s) and they shall retain ownership rights of their video.
- By submitting the video, you hereby grant to Trubify, in perpetuity, a non-exclusive, royalty-free, sublicenseable and freely transferable license to use, reproduce, distribute, prepare derivative works of, display, adapt, reformat, translate, and otherwise exploit and perform all or any portion of the video for any purpose whatsoever, throughout the universe in perpetuity, including, without limitation, in connection with publishing, advertising (including at physical locations), sale, promotion, publicity, marketing, merchandising, distribution.
- Trubify shall also have the unrestricted right to edit the content and text of your performance in any manner or form through which Trubify may distribute content to end users, whether now existing or hereafter developed in any and all media formats and through any and all media distribution and advertising and promotional purposes, without accounting, notification, credit or other obligation to you.
- For the avoidance of doubt, without limiting the generality of the rights granted to Trubify these rights include, without limitation, the absolute right to distribute and synchronize all or any portion of your video in timed relation to any other visual elements; to web cast, podcast, re-publish, re-telecast, re-platform, port, syndicate, route, and link to and from all or any portion of your video; to encrypt, encode and decode, and compress and decompress all or any portion of your video; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of your video; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your video; and to excerpt and/or extract portions of your video in order to host, store, index, categorize and display your video.
- User further grants Trubify and their respective parents, subsidiaries, related entities or affiliates, successors, licensees and assigns the irrevocable right (but not the obligation) to and to license others to film, tape and/or photograph, record, exhibit, edit and otherwise use my name, voice, sounds, image, likeness and biographical information in and in connection with the competition in any manner in Trubify’s sole election and discretion, including in connection with advertising (including at physical locations), sale, promotion, programming and publicity materials, marketing, merchandising, distribution, publicizing and any and all other types of exploitation of the competition or any part thereof (including, without limitation, in connection with commercial tie-ins, competition advertisers and/or sponsors and any of their respective products, integrations and/or services) throughout the universe, in any and all media, now known or hereafter devised, in perpetuity.
- User also grants to Trubify, any of their respective parent, subsidiary, related entities or affiliates, sponsors of the competition, the Rights for the institutional purposes of Trubify and/or it’s respective affiliated entities, throughout the world, in any and all media, now known or hereafter devised, in perpetuity. I understand that any use as described herein shall not entitle me to receive any compensation whatsoever.
- Representations and Warranties / Indemnification.
You represent and warrant:
- The video neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; aside from re-performance of a cover song.
- The video does not and will not violate any applicable laws.
- Videos must not contain any unauthorized third party owned material, including, but not limited to, trademarks, logos, music, copyrighted photos and the like.
- You will, upon request, furnish to Trubify any documentation, substantiation, and releases necessary and reasonably required for all copyrighted material, music, identifiable third parties, identifiable locations, and releases from anyone who assisted in the creation of the video to prove, confirm, verify, and substantiate participant’s compliance with any or all of these Terms and Conditions, including, without limitation, the foregoing representations and warranties.
- In the competition you cannot provide all required releases, Trubify reserves the right, in its sole discretion, to discard or remove your video, or seek to secure the releases and clearances for the benefit of Trubify, or may allow the applicable video to be utilized.
- Additionally, you represent and warrant that you will not acquire any trademark rights, copyrights, or any other rights in the trademarks, trade names, logos or other intellectual property of Trubify.
- Trubify specifically reserves its respective right to protect its intellectual property against any infringement or other illegal or improper use. You agree to indemnify and hold harmless Trubify from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of you hereunder.
- Conditions of Participation.
- This competition is subject to all applicable federal, state, and local laws. You hereby: (a) agree that Trubify and any other competition entities shall have no liability whatsoever for, and shall be held harmless by you against any liability for any injuries, losses or damages of any kind to person(s) (including death) or property resulting in whole or in part, directly or indirectly, as a result of participating in this competition, or any related activity; (b) release Trubify and any other competition entities and their respective advertising and promotion partners from all liability, claims, action, or proceedings relating to this competition and from injuries or damages arising in connection with or relating to participation in this competition; and (c) waive any right to claim ambiguity in the competition or these Terms and Conditions. Trubify reserves the right to modify these Terms and Conditions, remove suspect videos, and/or cancel, terminate or suspend any portion of the competition at any time and for any reason (or no reason at all) in their absolute discretion. Trubify reserves the right to exclude, in its sole and absolute discretion, any individual from any of the submissions for any reason or for no reason at all, including without limitation, violation of any portion of the Terms and Conditions, or tampering with the submission process. Trubify also reserves the right to change the competition rules and procedures at any time.
- By participating in the competition, you grant Trubify permission to share your email address and any other personally identifiable information with the other competition entities.
- Nature of Relationship / Waiver of Equitable Relief.
- You understand and acknowledge that Trubify has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to them or being developed by their own respective employees. You acknowledge that many ideas may be competitive with, similar or identical to the video and/or each other in theme, idea, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of the use by Trubify of any such similar or identical material. You acknowledge and agree that Trubify does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the video. You acknowledge that, with respect to any claim by you relating to or arising out of the actual or alleged exploitation or use of any video or other material submitted in connection with the and/or competition by Trubify, the damage, if any, thereby caused to you will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the video, and your rights and remedies in any such competition shall be strictly limited to the right to recover damages, if any, in an action at law.
- Important: Please Read General Release and Limitations on Liability.
- By participating in this competition, you agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the competition, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the competition, but in no competition will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will you be permitted to obtain any award for, and you hereby knowingly and expressly waive all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. You acknowledge and agree that Trubify and other entities at this competition, their agencies, webmasters/suppliers, contractors and vendors are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected, or illegible submissions or for failure to receive or review submissions due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with Trubify or otherwise, that may limit a participant’s ability to participate in this competition; (ii) incorrect or inaccurate information whether caused by Internet users, or by any equipment or programming associated with or utilized in connection with this competition and Trubify assume no responsibility for any error, omission, malfunction, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, tampering, or hacking; (iii) any injury or damage resulting from participation in the competition (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the participant’s rights of publicity or privacy); or (iv) any claim by you for defamation or portrayal in a false light. Trubify and other entities at the competition assume no responsibility for any damage to your computer system, which is occasioned by accessing the website or Trubify mobile application, or participating in this competition, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. Trubify reserves the right, in its sole discretion, to exclude any participant that violates the video submission requirements, tampers with the video process or operation of the competition or acts in an unsportsmanlike or disruptive manner, with intent to threaten, abuse or harass any other person, or for any other reason as Trubify may decide in its sole discretion. If, for any reason, this competition is not capable of operating as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in the sole opinion of Trubify, corrupt or affect the administration, security, integrity or proper conduct of this submission. Trubify reserves the right, at their absolute discretion, to close the submission period at any time, cancel, terminate, modify or suspend this competition.
- Governing Law.
- ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE TERMS AND CONDITIONS, OR THE RIGHTS AND OBLIGATIONS OF SUBMITTERS IN CONNECTION WITH THE COMPETITION AND OR IN CONNECTION WITH ANY SUBMISSION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THIS COMPETITION, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW, RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE TERMS AND CONDITIONS SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE competition THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE TERMS AND CONDITIONS SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN.
- IN NO competition WILL TRUBIFY OR ANY OTHER ENTITY AT THE competition (“competition ENTITIES”), THEIR PARENT, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES, WEBMASTERS/SUPPLIERS, VENDORS, CONTRACTORS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE COMPETITION, SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU OR MEMBERS OF YOUR ACT. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- MEDIATION & ARBITRATION; LIMITATION OF REMEDIES: TRUBIFY AND YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT IF ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO YOUR APPEARANCE ON OR PARTICIPATION IN AND IN CONNECTION WITH THE COMPETITION, TRUBIFY AND/OR THIS AGREEMENT CANNOT BE RESOLVED THROUGH DIRECT DISCUSSIONS, THE PARTIES AGREE TO ENDEAVOR FIRST TO SETTLE THE CONTROVERSY OR CLAIM BY MEDIATION LOCATED IN A COUNTY IN CLOSE PROXIMITY TO TRUBIFY’S HEADQUARTERS.
- IF THE DISPUTE IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, THE PARTIES AGREE THAT THE CONTROVERSY OR CLAIM, INCLUDING THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL THEN BE RESOLVED BY FINAL AND BINDING CONFIDENTIAL ARBITRATION.ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF, INCLUDING ITS OPTIONAL APPEAL PROCEDURE (THE "JAMS RULES", AVAILABLE AT WWW.JAMSADR.COM, INCLUDING, WITHOUT LIMITATION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RULE PROVIDING THAT EACH PARTY SHALL PAY PRO RATA ITS SHARE OF JAMS FEES AND EXPENSES, AND THE RULES PROVIDING FOR LIMITED DISCOVERY AND OTHER EXCHANGE OF INFORMATION). THE JAMS RULES FOR SELECTION OF MEDIATORS AND ARBITRATORS SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED IN THE ENTERTAINMENT INDUSTRY AND LICENSED TO PRACTICE LAW IN CALIFORNIA OR A RETIRED JUDGE. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE CITY OF LOS ANGELES. UPON THE CONCLUSION OF ANY ARBITRATION PROCEEDINGS, THE ARBITRATOR SHALL RENDER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND A WRITTEN OPINION SETTING FORTH THE BASIS AND REASONS FOR ANY DECISION REACHED AND SHALL DELIVER SUCH DOCUMENTS TO EACH PARTY TO THE DISPUTE.
I AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REMEDY FOR ANY BREACH OF THIS AGREEMENT BY ME OR ANY OTHER CLAIM BROUGHT BY ME SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO COMPETITION SHALL I BE ENTITLED TO SEEK OR RECOVER PUNITIVE OR EXEMPLARY DAMAGES. I AGREE THAT GIVEN THE UNIQUE NATURE OF THE COMPETITION AND THE COMMERCIAL REALITIES OF THE ENTERTAINMENT INDUSTRY, AND THE IRREPARABLE DAMAGE TO TRUBIFY AND OTHER INVOLVED ENTITIES THAT WOULD RESULT FROM DELAYING OR PREVENTING THE EXHIBITION OF ANY PROGRAM PRODUCED HEREUNDER, IN NO COMPETITION SHALL I BE ENTITLED TO SEEK OR RECOVER INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF THAT WOULD PREVENT ANY SUCH PARTIES FROM EXHIBITING, MARKETING, OR OTHERWISE EXPLOITING ANY PROGRAM PRODUCED HEREUNDER, OR OTHERWISE GRANT ANY THIRD PARTY THE RIGHT TO DO ANY OF THE FOREGOING, OR TO RESCIND THIS AGREEMENT. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO GRANT EITHER PARTY ANY REMEDIES TO ANY DISPUTE THAT HAVE BEEN WAIVED PURSUANT TO THIS PARAGRAPH. NOTWITHSTANDING THE FOREGOING, I RECOGNIZE THAT GIVEN THE UNIQUE NATURE OF THE COMPETITION AND THE COMMERCIAL REALITIES OF THE ENTERTAINMENT INDUSTRY, WHICH RELY UPON CONFIDENTIALITY AND INTELLECTUAL PROPERTY RIGHTS, ANY ACTUAL OR ANTICIPATED BREACH OF MY CONFIDENTIALITY OBLIGATIONS PURSUANT TO THIS AGREEMENT, OR ANY INFRINGEMENT BY ME OF THE INTELLECTUAL PROPERTY RIGHTS OF TRUBIFY AND OTHER INVOLVED ENTITIES, WOULD CAUSE TRUBIFY OR OTHER INVOLVED ENTITIES IRREPARABLE INJURY AND DAMAGE THAT CANNOT BE REASONABLY OR ADEQUATELY COMPENSATED BY MONEY AND, THEREFORE, I AGREE THAT TRUBIFY AND OTHER ENTITIES SHALL BE ENTITLED TO SEEK AND OBTAIN INJUNCTIVE AND OTHER EQUITABLE RELIEF FROM A COURT OF COMPETENT JURISDICTION FOR ANY SUCH BREACH OR INFRINGEMENT.
YOU, TRUBIFY AND EACH OTHER INVOLVED ENTITIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI- CLAIMANT PROCEEDING. FURTHER, UNLESS TRUBIFY AGREES, THE MEDIATOR AND/OR ARBITRATOR MAY NOT CONSOLIDATE OTHER PERSONS’ CLAIMS WITH YOURS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, MULTI-CLAIMANT OR CLASS PROCEEDING. IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE REST OF THIS AGREEMENT, INCLUDING THE PROVISIONS GOVERNING WHERE ACTIONS AGAINST TRUBIFY AND OTHER INVOLVED ENTITIES MUST BE PURSUED, WILL REMAIN IN EFFECT.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, TRUBIFY RESERVE THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.