Terms & Conditions

TERMS AND CONDITIONS OF I AM THE OPENING ACT, LLC (“OA”)

By accessing or using I Am Opening Act, you hereby confirm that you can and are forming a binding and legally enforceable contract with I Am The Opening Act, LLC, that you accept these Terms and that you agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy, which can be found directly on the Platform, and are incorporated herein by reference. By using the Services, you consent to the terms of the Privacy Policy.

Entries

You hereby expressly acknowledge and agree that your entry is User Generated Content and subject to all provisions of these terms that govern your submission and our use of your User Generated Content. We hereby reserve the right to disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible, infringe on the intellectual property rights of any third party, invalid or where appropriate parental consent was not provided.

We reserve the right to modify, suspend, cancel or terminate an entry or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice. We will do so, in our sole discretion, if it cannot be guaranteed that the competition can be carried out fairly or correctly for technical, legal or other reasons, or if we suspect that any person has manipulated entries or results, provided false information or acted unethically. If we cancel or terminate a competition, prizes may be awarded in any manner we deem fair and appropriate consistent with the applicable local laws governing the competition. I Am The Opening Act, LLC also OA utilizes Stripe as the payment platform for video uploads and/or other goods and services. When you use our Mobile Application you also agree to all the terms and Conditions and Privacy Policy of the Stripe Platform and agree that you are solely responsible to read and know what those policies are. You agree that I Am The Opening Act, LLC or OA is not responsible for any issues that may occur as a result of making a payment through this payment portal.

Eligibility

To submit an entry, you must be a registered user of OA and have an active account with current contact information. Competitions are not open to our employees (or their immediate families) or anyone else professionally associated with the competition. Our Website is not intended for children under 18 years of age. No one under age 18 may provide any [personal] information to [or on] the Website. Children who are under the age of 18 and who wish to submit music video must have a parent or legal guardian sign up/register on behalf of that child and, via said registration, must agree to shall be bound by the terms and conditions and privacy policy of I Am The Opening Act, LLC and/or OA. We reserve the right to request proof of identity in order to verify eligibility conditions and potential winning entries and to award any prize to a winner in person. Competitions are void where prohibited or restricted by law. Use of the application is intended for U.S. use only and any users in Europe or the E.U. are subject to the provisions of the General Regulations of the European Parliament and the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data effective as of May 25th, 2018 (“GDPR”) and any user is expressly advised to familiarize with themselves with said regulations and, by their use, acknowledge and accept those regulations as it relates to their use of the app or any of its contents.

You may submit a video clip (“User Generated Content”) of up to 2 minutes. This can be a cover of your favorite artist, but we are looking for new artists to go on tour and therefore we require and it is imperative to the integrity of the competition that we hear original content. If your submission is selected to move forward to the Top 20, we will require that you submit original content upon request. You must have at least 3 original songs to move forward to the Top 10.

OA may allow you to submit competition entries (“User Generated Content”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. You may not submit or upload User Generated Content that is deemed, in our sole discretion, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity including, but not limited, to OA, whether or not such material is protected by law.

We do not claim ownership to your User Generated Content; however, you grant us a perpetual, non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with OA and on third-party sites and platforms such as Facebook, YouTube and Instagram (“IG”), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.

You represent and warrant that your User Generated Content conforms to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these terms. You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees, owners, agents and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives, and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights

To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.

We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through OA, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you. We are not responsible for nor do we endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.

Accounts

OA requires you to create an account to participate. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of the information you provide, including contact information for a parent or guardian.

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of any form of intellectual property including, but not limited to, copyright, trademark or patent. In addition, we hereby reserve the right to suspend or terminate your account and your ability to use OA if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with these terms or any supplemental terms.

Passwords and Security

You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account.

The security, integrity, and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use, and modification.

Paid Transactions

Identity of Seller

Sales are made solely by I am the Opening Act, LLC. If you have questions about your order, please contact us via the “Contact Us” link and we will assist you in the order that your question or submission is received. Each submission requires payment in full at the time of submission. Upon payment and submission, there shall be no refunds and you hereby agree to waive and release us from any claims related to the payment made, by you, simultaneous with your submission.

Entries

Your entry is User Generated Content and subject to all provisions of these terms that govern your submission and our use of your User Generated Content. We may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental consent was not provided.

I Am The Opening Act, LLC or OA utilizes Stripe as the payment platform for video uploads and/or other goods and services. When you use our Mobile Application you also agree to all the terms and Conditions and Privacy Policy of the Stripe Platform and agree that you are solely responsible to read and know what those policies are. You agree that I Am The Opening Act, LLC or OA is not responsible for any issues that may occur as a result of making a payment through this payment portal.