TERMS AND CONDITIONS FOR#GRITDREAM
CAMPAIGN BY GENTLEBANDS
Eligibility
Age and Participation Requirements
● This campaign is open to participants aged 18 and over.
● No purchase is necessary to enter or win.
Exclusion of Employees and Affiliates
● Employees of Gentlebands, its parent company, affiliates, subsidiaries, and any individuals or entities contractually obligated to provide content to Gentlebands are not eligible to participate in this campaign.
● Immediate family members of the aforementioned groups are also ineligible.
Content Ownership and Rights
● By participating in this campaign, you represent and warrant that you own or have the necessary rights to license to Gentlebands all content you submit, including but not limited to videos, audiovisual content, photographs, and any music contained therein.
● You confirm that you have the right to exploit any master recordings and underlying musical compositions as synchronized with your user-generated content (UGC).
● You also warrant that you hold the public performance rights for such UGC and any content submitted to Gentlebands through any delivery means as prescribed.
How to Enter
● Set your Instagram or TikTok profile to public.
● Post a video with your #gritdream story.
● Include the hashtag #gritdream in the description.
● Tag Gentlebands in your submission. On Instagram, tag @gentle_bands. (TikTok handle to be added when available.)
Submission Guidelines
● Each unique content counts as a separate entry. Participants can submit multiple content to enter.
● The same content published on different platforms is considered as one entry.
● Nominations of others are allowed; share stories of those who inspire you.
● Content must adhere to Instagram and TikTok community guidelines.
● Explicit, offensive, or harmful material is prohibited.
● Creativity, authenticity, and alignment with the #gritdream spirit are encouraged.
Selection of Winners
● One Grand Prize winner per month. Winners chosen based on creativity, depth of story, and adherence to #gritdream ethos.
● One Buzz Champion Award per month from each platform (Instagram and TikTok). We will select one winner on Instagram and one winner on TikTok with the highest likes for their content.
● Winners will be announced via Gentlebands’ official Instagram and TikTok accounts at the end of each month.
Prizes
● Grand Prize: A $1,000 cash prize, along with their choice of one ring and one chain.
● Buzz Champion Award: A $500 cash prize, as well as their choice of one ring and one chain.
Licensing and Rights for User-Generated Content
● License Grant
● Upon submitting UGC to Gentlebands, you hereby grant to Gentlebands, with the right to sublicense for commercial use, a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free, fully-paid license. This license allows Gentlebands to use the UGC and your appearances or other identifying information connected with your UGC. It includes the right to record, copy, publicly perform, broadcast, exhibit, transmit, distribute, create derivative works, and otherwise exploit any master recordings and underlying musical compositions as synchronized to the UGC, and provide the public performance rights for such UGC.
● This license is granted for any purpose, including but not limited to commercial advertising, in any manner or media now or later developed. This encompasses, without limitation, the rights enumerated below for the following Licensed Uses:
● Online/Mobile: Use in all forms of transmission over the Internet, mobile networks, satellite networks, including streaming technologies and downloads accessible through websites, applications, gaming/media platforms, and social media.
● PR/Industrial/Retail: Use for public relations, media outreach, and industrial uses, including exhibitions at retail establishments, trade shows, conventions, and promotional events.
● Print Media: Use in all forms of print media, including catalogues, newspapers, magazine articles, advertising, merchandise packaging, and product manuals.
● Out-of-Home/Transit/Events: Use in out-of-home advertising (billboards, public places), transportation (flights, trains, buses, taxis), and public events (electronic billboards, video displays).
● Television: Use in all forms of television media, whether linear or on-demand.
● Theatrical: Theatrical exhibition in motion pictures.
● Home Video/EST: Use in all home video formats and electronic sell-through of digital download formats.
● Commercials: Use in commercials produced by the Gentlebands Network.
● Internal Usage: Internal usage for testing and system improvements by Gentlebands and associated companies.
● Other Uses: Any other uses not specifically mentioned above.
● Use of Personal Likeness and Third-Party Rights
● This agreement also governs Gentlebands’ use of your name, nickname, likeness, rights of publicity, voice, live or recorded performances, autograph, photographs, and biographical information (collectively, “Appearances”) as included in the UGC.
● You represent and warrant that you have obtained all necessary licenses, permissions, and releases from any individuals recognizably appearing in the UGC. This includes but is not limited to their real names, likenesses, voices, performances, autographs, photographs, and biographical information.
● In cases where the UGC includes content (music, images, video, audio, text, etc.) not originally created by you, you confirm that you have secured the necessary rights from the respective owners for its inclusion and use as per this agreement.
● If the UGC includes images or recordings of minors (individuals under the age of majority in their state of residence), you affirm that you have obtained written permission from the minor’s parent or guardian for the commercial use of such images or recordin
Ownership
● Gentlebands acknowledges and agrees that you retain all right, title, and interest in and to the UGC and appearances, including all intellectual property rights, rights of publicity or privacy, and moral rights therein, other than those rights expressly granted herein.
● You acknowledge and agree that Gentlebands shall acquire all right, title, and interest in any derivative works of the UGC that are contained as part of the Gentlebands Network Materials.
Payment Terms
● Payments made to you under this agreement, if any, will be treated as royalty payments and will be payable within thirty (30) days of Gentlebands’ receipt of your details for payment for the content as requested by Gentlebands or its third-party vendor.
● Payments may be subject to withholding taxes, which will be deducted from your payment. Any payments will be made payable to you in U.S. dollars and sent via wire transfer using the account information provided by you, or as otherwise agreed upon by the parties.
● All payments due under this agreement are exclusive of taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT) (collectively, “Taxes”). You will be responsible for payment of all Taxes and any related interest and penalties resulting from any payments made under this agreement.
Indemnity
● You will indemnify, defend, and hold Gentlebands harmless from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:
● (a) Breach of any of your representations and warranties in this agreement.
● (b) Any third-party claim that the UGC or appearances, or Gentlebands’ use thereof, infringe, misappropriate, or violate such third party’s intellectual property or other rights.
● (c) Any third-party claim based on any act or omission of yours that results in personal injury, death, property damage, or the violation of any law, ordinance, or regulation.
Limitation of Liability
● In no event will Gentlebands be liable for any incidental, special, consequential, or punitive damages (including, without limitation, loss of profits, use, or other economic advantage), regardless of the theory of liability, arising from or related to this agreement or Gentlebands’ use of the content and appearances, even if Gentlebands has been advised of the possibility of such damages.
● Gentlebands’ total, cumulative liability to you arising from or in relation to this agreement will be limited to the amount paid by Gentlebands to you pursuant to this agreement.
● Nothing in this agreement excludes or limits any liability for:
● (a) Death or personal injury resulting from negligence.
● (b) Any damage or liability incurred as a result of fraud or fraudulent misrepresentation.
● (c) Any liability which cannot be excluded or limited by applicable law.
Privacy
● Personal information collected from participants is subject to Gentlebands’ privacy policy and will be used for the purpose of administering the campaign and prize fulfillment.
General
Governing Law and Jurisdiction
● This agreement will be governed by and construed in accordance with the laws of the State of Colorado, excluding that body of law known as conflict of laws.
● Any legal action or proceeding arising under this agreement will be brought exclusively in the federal or state courts located in [Your Jurisdiction] and the parties irrevocably consent to the personal jurisdiction and venue therein.
Assignment and Waiver
● You may not assign or transfer this agreement without Gentlebands’ prior written consent, and any attempt to do so will be void. Gentlebands may freely assign this agreement.
● The failure by either party to enforce any provision of this agreement will not constitute a waiver of future enforcement of that or any other provision.
Amendments and Severability
● Any waiver, modification, or amendment of any provision of this agreement will be effective only if in writing and signed by both parties.
● If any provision of this agreement is held to be unenforceable or invalid by a court of competent jurisdiction, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect.
Acceptance of Terms
● Participation in the campaign constitutes the entrant’s full and unconditional agreement to these Terms and Conditions.
● Gentlebands reserves the right to amend these terms or terminate the campaign at any time without prior notice.
TERMS AND CONDITIONS FOR#GRITDREAM CAMPAIGN BY GENTLEBANDS
Eligibility
Age and Participation Requirements
● This campaign is open to participants aged 18 and over.
● No purchase is necessary to enter or win.
Exclusion of Employees and Affiliates
● Employees of Gentlebands, its parent company, affiliates, subsidiaries, and any individuals or entities contractually obligated to provide content to Gentlebands are not eligible to participate in this campaign.
● Immediate family members of the aforementioned groups are also ineligible.
Content Ownership and Rights
● By participating in this campaign, you represent and warrant that you own or have the necessary rights to license to Gentlebands all content you submit, including but not limited to videos, audiovisual content, photographs, and any music contained therein.
● You confirm that you have the right to exploit any master recordings and underlying musical compositions as synchronized with your user-generated content (UGC).
● You also warrant that you hold the public performance rights for such UGC and any content submitted to Gentlebands through any delivery means as prescribed.
How to Enter
● Set your Instagram or TikTok profile to public.
● Post a video with your #gritdream story.
● Include the hashtag #gritdream in the description.
● Tag Gentlebands in your submission. On Instagram, tag @gentle_bands. (TikTok handle to be added when available.)
Submission Guidelines
● Each unique content counts as a separate entry. Participants can submit multiple content to enter.
● The same content published on different platforms is considered as one entry.
● Nominations of others are allowed; share stories of those who inspire you.
● Content must adhere to Instagram and TikTok community guidelines.
● Explicit, offensive, or harmful material is prohibited.
● Creativity, authenticity, and alignment with the #gritdream spirit are encouraged.
Selection of Winners
● One Grand Prize winner per month. Winners chosen based on creativity, depth of story, and adherence to #gritdream ethos.
● One Buzz Champion Award per month from each platform (Instagram and TikTok). We will select one winner on Instagram and one winner on TikTok with the highest likes for their content.
● Winners will be announced via Gentlebands’ official Instagram and TikTok accounts at the end of each month.
Prizes
● Grand Prize: A $1,000 cash prize, along with their choice of one ring and one chain.
● Buzz Champion Award: A $500 cash prize, as well as their choice of one ring and one chain.
Licensing and Rights for User-Generated Content
● License Grant
● Upon submitting UGC to Gentlebands, you hereby grant to Gentlebands, with the right to sublicense for commercial use, a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free, fully-paid license. This license allows Gentlebands to use the UGC and your appearances or other identifying information connected with your UGC. It includes the right to record, copy, publicly perform, broadcast, exhibit, transmit, distribute, create derivative works, and otherwise exploit any master recordings and underlying musical compositions as synchronized to the UGC, and provide the public performance rights for such UGC.
● This license is granted for any purpose, including but not limited to commercial advertising, in any manner or media now or later developed. This encompasses, without limitation, the rights enumerated below for the following Licensed Uses:
● Online/Mobile: Use in all forms of transmission over the Internet, mobile networks, satellite networks, including streaming technologies and downloads accessible through websites, applications, gaming/media platforms, and social media.
● PR/Industrial/Retail: Use for public relations, media outreach, and industrial uses, including exhibitions at retail establishments, trade shows, conventions, and promotional events.
● Print Media: Use in all forms of print media, including catalogues, newspapers, magazine articles, advertising, merchandise packaging, and product manuals.
● Out-of-Home/Transit/Events: Use in out-of-home advertising (billboards, public places), transportation (flights, trains, buses, taxis), and public events (electronic billboards, video displays).
● Television: Use in all forms of television media, whether linear or on-demand.
● Theatrical: Theatrical exhibition in motion pictures.
● Home Video/EST: Use in all home video formats and electronic sell-through of digital download formats.
● Commercials: Use in commercials produced by the Gentlebands Network.
● Internal Usage: Internal usage for testing and system improvements by Gentlebands and associated companies.
● Other Uses: Any other uses not specifically mentioned above.
● Use of Personal Likeness and Third-Party Rights
● This agreement also governs Gentlebands’ use of your name, nickname, likeness, rights of publicity, voice, live or recorded performances, autograph, photographs, and biographical information (collectively, “Appearances”) as included in the UGC.
● You represent and warrant that you have obtained all necessary licenses, permissions, and releases from any individuals recognizably appearing in the UGC. This includes but is not limited to their real names, likenesses, voices, performances, autographs, photographs, and biographical information.
● In cases where the UGC includes content (music, images, video, audio, text, etc.) not originally created by you, you confirm that you have secured the necessary rights from the respective owners for its inclusion and use as per this agreement.
● If the UGC includes images or recordings of minors (individuals under the age of majority in their state of residence), you affirm that you have obtained written permission from the minor’s parent or guardian for the commercial use of such images or recordin
Ownership
● Gentlebands acknowledges and agrees that you retain all right, title, and interest in and to the UGC and appearances, including all intellectual property rights, rights of publicity or privacy, and moral rights therein, other than those rights expressly granted herein.
● You acknowledge and agree that Gentlebands shall acquire all right, title, and interest in any derivative works of the UGC that are contained as part of the Gentlebands Network Materials.
Payment Terms
● Payments made to you under this agreement, if any, will be treated as royalty payments and will be payable within thirty (30) days of Gentlebands’ receipt of your details for payment for the content as requested by Gentlebands or its third-party vendor.
● Payments may be subject to withholding taxes, which will be deducted from your payment. Any payments will be made payable to you in U.S. dollars and sent via wire transfer using the account information provided by you, or as otherwise agreed upon by the parties.
● All payments due under this agreement are exclusive of taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT) (collectively, “Taxes”). You will be responsible for payment of all Taxes and any related interest and penalties resulting from any payments made under this agreement.
Indemnity
● You will indemnify, defend, and hold Gentlebands harmless from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:
● (a) Breach of any of your representations and warranties in this agreement.
● (b) Any third-party claim that the UGC or appearances, or Gentlebands’ use thereof, infringe, misappropriate, or violate such third party’s intellectual property or other rights.
● (c) Any third-party claim based on any act or omission of yours that results in personal injury, death, property damage, or the violation of any law, ordinance, or regulation.
Limitation of Liability
● In no event will Gentlebands be liable for any incidental, special, consequential, or punitive damages (including, without limitation, loss of profits, use, or other economic advantage), regardless of the theory of liability, arising from or related to this agreement or Gentlebands’ use of the content and appearances, even if Gentlebands has been advised of the possibility of such damages.
● Gentlebands’ total, cumulative liability to you arising from or in relation to this agreement will be limited to the amount paid by Gentlebands to you pursuant to this agreement.
● Nothing in this agreement excludes or limits any liability for:
● (a) Death or personal injury resulting from negligence.
● (b) Any damage or liability incurred as a result of fraud or fraudulent misrepresentation.
● (c) Any liability which cannot be excluded or limited by applicable law.
Privacy
● Personal information collected from participants is subject to Gentlebands’ privacy policy and will be used for the purpose of administering the campaign and prize fulfillment.
General
Governing Law and Jurisdiction
● This agreement will be governed by and construed in accordance with the laws of the State of Colorado, excluding that body of law known as conflict of laws.
● Any legal action or proceeding arising under this agreement will be brought exclusively in the federal or state courts located in [Your Jurisdiction] and the parties irrevocably consent to the personal jurisdiction and venue therein.
Assignment and Waiver
● You may not assign or transfer this agreement without Gentlebands’ prior written consent, and any attempt to do so will be void. Gentlebands may freely assign this agreement.
● The failure by either party to enforce any provision of this agreement will not constitute a waiver of future enforcement of that or any other provision.
Amendments and Severability
● Any waiver, modification, or amendment of any provision of this agreement will be effective only if in writing and signed by both parties.
● If any provision of this agreement is held to be unenforceable or invalid by a court of competent jurisdiction, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect.
Acceptance of Terms
● Participation in the campaign constitutes the entrant’s full and unconditional agreement to these Terms and Conditions.
● Gentlebands reserves the right to amend these terms or terminate the campaign at any time without prior notice.
