Terms & Conditions

Best Of Product Competition- Jack Herer Cup 2023

Official Rules and Terms and Conditions

WHEREAS, Oklahoma Best of Products and Competition (Sponsor and Promotion) is a contest meant to discover, and ultimately empower, aspiring people in the community. Festival will be giving away prizes including, but no limited to, The Grinder.LIVE, ChronicTV ROKU Channel appearance and Jack Herer Cup.

WHEREAS, these Official Rules and Eligibility (“Agreement”), encompass all rules, eligibility, definitions, agreements, promises, and terms for Promotion.

WHEREAS, the parties desire to formalize the terms and conditions whereby natural persons (as defined below) submitting entries to, and participating in, Promotion (“Entrants”) grant certain rights and licenses to Sponsor as set forth in this Agreement.

NOW, THEREFORE, in consideration of the foregoing, and in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows:

Background.
The Promotion, created and managed by Sponsor, is open only to natural persons in the State of Oklahoma (corporations or other business entities) who are legal residents and physically located in Oklahoma and who have a active OMMA and OBNDD LICENSE issued in Oklahoma. Entries originating from any other jurisdiction or with out proper licenses will be disqualified. Unless specifically excluded in this Agreement, all parties are eligible to participate.

Entry.

Submission Period.
Promotion for virtual entries opens for submissions of digital video content relevant to the purpose of Promotion (“Submissions”) on or about February 2023 AM Central Standard Time and closes for initial submissions on March 18th 2023 at 11:59 PM Central Standard Time (the “Submission Period”). In person date drop off will be announced closer to date but must be delivered on or before March 18th, 2023. For the sake of clarity, once the Promotion begins and Entrants are confirmed, Sponsor may request any additional Submissions at its sole discretion. Entries must be submitted at https://musicquest.us.launchpad6.com/product-2023/upload-entry (“Web Portal”). All videos that meet the Promotion guidelines for content uploaded during the Submission period will be judged in a reasonable manner and period of time according to the terms of Agreement.

Eligibility and Validity.
In order to enter the Promotion, Entrant must follow and be eligible according to terms of this Agreement. Entrant must confirm they have a valid OMMA & OBNDD License. Entrant must fill out official form on Web Portal with full legal name and valid email address currently in use. If email is invalid or not in use, Entrant may be disqualified. Entrant agrees to share any relevant information with Sponsor in order for Sponsor to determine Entrant’s eligibility. All Submissions must meet the eligibility requirements of this Agreement in order to be deemed a completed Submission. Entrant may be required to provide Sponsor with proof that Entrant is the sole registered account holder of the email address associated with Submission, and that Entrant is eligible to participate in Promotion. No third-party Submissions or submissions through a sweepstakes service or other automatic entry method including, but not limited to, like for like and hired foreign or domestic workers is permitted. Mail-in Submissions are not allowed. Any use of robotic, automatic, programmed, hired or the like entry methods will void all Submissions by such methods. Only eligible entries received in compliance with the Promotion Period will be eligible for voting. For purposes of this Agreement, receipt of an online entry occurs when Sponsor’s servers record the entry information upon Entrant’s completion of the Promotion entry steps above. Any automated computer receipt (such as a “thank you” message or one confirming delivery of entry) does not constitute proof of actual receipt by Sponsor of a Submission. No automatic, programmed, robotic, hired workers or similar means of entry are permitted. Sponsor reserves the right to disqualify any individual for using any such methods, or any other method not listed here that is inconsistent with this Agreement. For the sake of clarity, Sponsor reserves the right to disqualify any individual for any reason whatsoever related to method of entry for Submission. Sponsor is not responsible for technically corrupted or garbled entries (which will be disqualified) or for problems of any kind related to method of entry, whether mechanical, human or electronic. Failure to comply with any of these rules may result in immediate disqualification from the Promotion.

Submission Restrictions.
Virtual - All Submissions must meet the following requirements: (1) must be in a video format/or Pictures; (2) must be no greater than three minute and thirty seconds (3:30 minutes) in length; (3) must be accompanied by Entrants picture, social media profile, email address, full legal name, artist name (if applicable), and an nominees background synopsis, no greater than 3,000 words; (4) must be submitted without any watermarks.

Limit.
Entrant may only upload one (1) Submission before March 18, 2023 at 11:59 AM Central Standard Time. Entrant is free to upload a different Submission if Sponsor is notified of change. Uploading more than one (1) Submission may result in disqualification.

Rights Granted By Entrant to Sponsor.

Copyright License.
By entering the Promotion and/or submitting a Submission, you hereby grant to Sponsor and its licensees, successors, and assigns a worldwide, non-exclusive, perpetual, irrevocable, transferable, fully paid-up, royalty-free right and license to: (1) use, reproduce, prepare derivative works, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Submission, in whole or in part, for commercial or non-commercial purposes, including but not limited to the marketing, promoting and advertising of Sponsor’s brand or brands, products and services, monetization of content through advertising, subscription, licensing and other means, including as incorporated in video or audio visual content, text, graphics, artwork, photographs, templates, and other content or materials created by or on behalf of Sponsor (the “Sponsor Materials”), on and through third-party distribution channels selected by, but not affiliated with, Sponsor and; (2) otherwise use Submission and related content as reasonably necessary for Sponsor to further Promotion and to make available the Submission to third parties, including, without limitation, for advertising and promotional purposes. You also grant Sponsor the right to sublicense these rights to third parties for distribution via third party distribution channels, which may include viral distribution of your Submission (Entrant agrees that neither Sponsor nor any third party distribution channels have any obligation to provide any compensation to you for your Submission or the licenses granted herein), in any form, medium or technology now known or later developed.

Likeness and Biographical License.
Entrant further grants to Sponsor, Sponsor’s affiliates and any such affiliates’ respective sub-licensees, an unconditional irrevocable, nonexclusive, fully transferable, perpetual, worldwide license, without any territorial or time limitations and without requiring any approvals, to use Sponsor’s name (including any and all professional names heretofore or hereafter used by Sponsor, its Group or entity), image, voice, likeness, factual biographical information, timeline of past performances, photographs and any other information, material or content submitted by Entrant to the Promotion in connection with or related to the Submission, the Promotion, the Sponsor and/or the advertising and promotion thereof. Moreover, Entrant confirms that, as a condition to providing any Submission, Entrant has obtained the express and unconditional permission of each person appearing in any content to capture, record, stream, broadcast and use the name, image, voice, likeness, factual biographical information and any other information or material of each such person submitted by Entrant to the Promotion. For the avoidance of doubt, Entrant represents, warrants, covenants and agrees that Entrant’s name and any image, voice, and likeness in any Submission shall be available to Sponsor to use at Sponsor’s discretion freely and without any obligation to pay any affiliated PRO (defined below) or any other person.

Entrant’s Obligations.
Entrant shall not seek to restrict or prevent Sponsor, third parties, and Sponsor’s sub-licensees from exercising any and all of the rights granted by Entrant under this Agreement, including through the exercise of any “moral rights” or other rights that Entrant may have under any applicable law or under any legal theory, and Entrant hereby irrevocably waives all such rights with respect to the use of Entrant’s Submission and related content hereunder. Entrant is solely responsible for ensuring that Entrant’s Submission is in compliance with any contractual obligations Entrant may have to Entrant’s music publisher company or such other person or entity.

Groups and Entities.
By entering into this Agreement, Entrant represents, warrants and covenants to Sponsor the following: (1) if Entrant accesses or uses the Web Portal to provide a Submission on behalf of, or for the benefit of business (collectively, a “Group”) or legal entity, Entrant hereby agrees to this Agreement on behalf of itself and such Group or entity including, without limitation, each member of such Group or owner, shareholder, partner, member or equity holder of such entity; as such, references to “Entrant” and “Entrant’s” in this Agreement will refer to Entrant and to such Group (including each member thereof) or entity; and (2) if Entrant uses the Web Portal to provide a Submission on behalf of a Group or entity, Entrant further represents, warrants and covenants to Sponsor that: (A) Entrant is an authorized representative of such Group (including each member thereof) or entity, as the case may be, with the authority to irrevocably bind the Group (including each member of the Group) or entity to this Agreement, regardless of whether Entrant remains an authorized representative of that Group or entity; (B) the Group (including each member thereof) or entity agree to be bound by this Agreement; and (C) Entrant agrees to be bound by this Agreement on behalf of such Group or entity.

Applicability of Web Portal Policies.
In addition to complying in all respects with the terms of this Agreement, Entrant’s access to Web Portal and participation in the Promotion is subject to compliance with all of the applicable policies for users of the Web Portal including, without limitation, the Terms of Services, Festivals Privacy Policy and Intellectual Property Policy (collectively and as such terms or policies may be updated from time to time, the “Web Portal Policies”). The Web Portal Policies may be found at: http://musicquestcompetition. Each of the Web Portal Policies is incorporated herein by reference and all terms and conditions thereof shall be binding on Entrant. Entrant agrees to review and to be bound by all terms, rules and policies in the Web Portal Policies. Entrant must also comply in all respects with each Web Portal Policy as a condition to participate in Promotion in accordance with and subject to the terms of this Agreement.

Limited and Conditional Rights Granted by Sponsor to Entrant.
As between Entrant and Sponsor, the Promotion, and any content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” on the Web Portal, and all intellectual property rights related thereto, are either owned or licensed by Sponsor (“Sponsor Content”). Entrant acknowledges and agrees that Entrant will not at any time acquire any rights in the Sponsor Content. Subject to the terms of this Agreement and Web Portal Policies, Sponsor grants Entrant, for the Promotion Period, a limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide license to use the Web Portal to display Entrant’s Submission in accordance with this Agreement. Entrant acknowledges and agrees that use of the Promotion, Web Portal, or Sponsor Content for any purpose not expressly permitted by this Agreement or the Web Portal Policies is strictly prohibited. Entrant further acknowledges and agrees that Sponsor Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited by or on behalf of Entrant for any purpose whatsoever without Sponsor or, where applicable, the licensor to Sponsor’s prior written consent. Sponsor and Sponsor’s licensors reserve all rights not expressly granted in and to their respective content. Sponsor’s licensors are not an intended third party beneficiary of this Agreement.

Disqualification.
Sponsor reserves the express, exclusive, transferable, unconditional right to disqualify any Submission or Entrant in Sponsor’s sole discretion for violating this Agreement or Web Portal Policies. Entrant acknowledges that, by entering a Submission, Sponsor does not waive any rights to use similar or related ideas, themes, or concepts previously known to Sponsor, developed by its employees, or obtained from sources other than the Entrant. Sponsor has the right to review all Submissions, and all Submissions may or may not be posted on the Web Portal or in another media, at the sole discretion of Sponsor. By entering a Submission, Entrants agree that the Sponsor is not responsible for any unauthorized use of Submissions by third parties. Sponsor does not guarantee the posting of any Submission and reserves the right to take down any Submission for any reason, at any time. Entrant waives any right to inspect or approve versions or portions of Submission used by Sponsor in the as contemplated by this Agreement. No guarantee is made regarding the length of the review period of each Submission, or that any particular Submission will or will not be posted.

Non-Infringement.
NOTWITHSTANDING ANY TERM OF THIS AGREEMENT TO THE CONTRARY, ENTRANT MUST OWN OR OTHERWISE HAVE THE LEGAL RIGHT TO USE THE INTELLECTUAL PROPERTY, PROPRIETARY, OR OTHER RIGHTS OF ANY THIRD PARTY THAT IS USED IN OR PART OF SUBMISSION OR ANY RELATED CONTENT.

In furtherance of the foregoing, Entrant represents, warrants and covenants to Sponsor the following: (1) Entrant’s Submission, as well as any and all other content, information (including metadata) and other materials Entrant provides to Sponsor pursuant to this Agreement, and the use thereof by Sponsor as contemplated by this Agreement, do not and will not violate any applicable law or infringe or violate any rights (proprietary, intellectual property or otherwise) of any person or entity, including copyrights, trademark rights, performer’s rights and rights of publicity and privacy; (2) the results and proceeds of Entrant’s Submission shall be wholly original with Entrant personally, and to such extent that any element of Entrant’s Submission is not wholly original to Entrant, Entrant has obtained in writing and at Entrant’s sole cost and expense all third party permissions, clearances and/or authorizations required to submit the Submission to the Promotion and Sponsor, to transmit and submit the Submission to the Web Portal, and/or for all other uses of the Submission permitted by this Agreement; (3) Neither the Submission nor any element thereof has or shall be copied from or based upon any other work, and shall not infringe upon or violate the right(s) of any person or entity; (4) Entrant, and any Submission provided by Entrant, is not subject to any union or guild collective bargaining agreement or any benefits of such agreement; (5) if Entrant only owns the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then Entrant must not post such sound recordings to the Web Portal unless Entrant has all permissions, clearances from, or are authorized by, the owner of any part of the Submission/recording to submit it to the Web Portal; and (6) Entrant is solely responsible and liable for ensuring its appropriate use of the Web Portal in a manner that will not violate applicable law or infringe upon the rights of any third party.

Promotion Format and Dates.
Submissions that comply with this Agreement and are approved by Sponsor will be posted for viewing at beginning of Promotion Period. The dates listed on the Web Portal are controlling for the Promotion. For the sake of transparency, the dates listed below are simply guidelines.

These dates are subject to change, without notice, at any time, at the sole discretion of Sponsor. Moreover, Sponsor reserves the right to modify format, without notice, at any time, in order to further purpose of Promotion. For the sake of clarity, the purpose of Promotion format is to promote creativity while Sponsor selects the most talented artists that fit the direction and vision of the Music Festival. Entrant agrees that to achieve this purpose Sponsor may modify, without input from Entrant, the Promotion format, dates, and voting for any reason and at any time without notice to Entrant.

Public Votes Virtual: Individual legal residents of the fifty (50) United States and the District of Columbia are eligible to register (“Voter”) and cast a vote (a “Public Vote”) for a Submission, consistent with the Web Portal Policies and any third party software employed by Sponsor. Voters may submit Public Votes by visiting Web Portal where they may vote using the criteria listed. Votes must be submitted in accordance with criteria set by Sponsor. Voters are limited to one (1) Public Vote per day per battle or category. No third-party voting or Public Votes obtained through a contest or sweepstakes service or other automatic voting method including like for like and hired foreign or domestic workers is permitted. Public Votes using this method will be discarded and Submissions evidencing these types of votes may be disqualified. Sponsor retains the right to cancel any Public Votes that violate this Agreement or any Web Portal Policies. Sponsor is not responsible for any errors involving third party software employed by Sponsor related to Promotion.

Private Judging (JUDGE KITS): Sponsor will assemble a group of expert judges (“Experts”) who are experienced in the industry. Experts will have knowledge of products and will cast a Judge Kit (a “Private Vote”) for each Submission. Private Votes are not required to conform to the terms of this Agreement or Web Portal Policies and details will be provided to each Judge when Judge kits are picked up from the dispensary.

Paid Virtual Votes: General public will be able to vote (1) public vote per day per battle per category. Blocks of votes will be available to vote for contestants and purchase. Paid votes will benefit It Stops Here Foundation a 501c3 Non Profit that helps children who have parents currently incarcerated for MJ Charges.

Prizes.

Prizes (“Prize”) will be awarded:
JUDGE KIT Physical Competition - votes count for 75% of the total

What do the 1st highest votes win in each category?

Virtual On-Line Competition - votes count for 25% of the total

What do the 1st highest votes win in each category?

All expenses, taxes, costs, and fees associated with receipt or use of Prize is the sole responsibility of Entrant. Sponsor reserves the right, at its sole discretion, to substitute any Prize with one of equal or greater value. Sponsor is not responsible for utility of any prize to its winner. Unclaimed Prizes will be forfeited. Prizes are not assignable to third parties. Prize will not be replaced if lost, stolen, or misplaced. Once Prize is in transit or delivery, Entrant assumes all responsibility and liability for receipt of Prize. If Entrant requests a different or specific form of delivery for Prize, Entrant assumes all risk for receipt. Sponsor reserves the right to disqualify winning Entrant and may refuse to award Prize for ineligibility, unlawful behavior, violation of this Agreement or Web Portal Policies, cheating, fraud, or undue influence on the outcome of Promotion. Sponsor waives any express or implied warranties, representations, guarantees, in fact or in law, relative to the Prize, including, without limitation, to the prize’s quality, merchantability, or fitness for a particular purpose. Prizes are not transferable or redeemable for cash or exchangeable for any other goods and/or services. Sponsor retains the right to assign or redistribute Prize in the event winning Entrant is disqualified.

Winner Notification.
All winning Submissions/Entrants for top 3 finalist in each category will be notified via email or, if email is unavailable, any other form/medium Sponsor deems appropriate to reach Entrant (“Notification”). Notification is deemed to have occurred immediately upon dispatch of email to the email address provided upon Submission. Acceptance of nomination occurs once Sponsor has sent Notification. In order to claim Prize, Entrant must respond within five (5) days of Notification and awards will be collected at the Official Award Show.

Representation and Warranties.
Entrant further represents, warrants, and covenants: (1) Entrant is at least the legal age of majority and has the capacity and is otherwise able to form a legally binding contract; (2) Entrant has the full right, power, and authority to enter into this Agreement, to fully perform hereunder, and to grant to Sponsor any and all of the rights granted to Sponsor hereunder; (3) Entrant has not entered into any agreement(s) with any other party that would interfere, conflict or be inconsistent with Entrant’s representations, warranties, covenants, and agreements herein; (4) Entrant’s Submission and provision thereof on the Web Portal will not violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, industry standards, judgments, decisions, or other requirements of any applicable governmental authority (including all such rules governing communications and marketing); (5) no payments and/or other compensation are due or will become due in connection with the Submission other than as specifically set forth herein; (6) Entrant accepts the terms and conditions of this Agreement and Web Portal Policies and Entrant agrees to comply with all such terms and conditions.

Disclaimer of Warranties; Limitation of Sponsor Liability.
THE PROMOTION AND ANY SPONSOR CONTENT IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, AND SPONSOR DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY WITH RESPECT TO THE PROMOTION, SPONSOR CONTENT, OR SPONSOR’S PERFORMANCE UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ACCURACY, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND THOSE THAT ARISE FROM ANY COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SPONSOR DOES NOT WARRANT THAT THE PROMOTION, OR THAT ANY RIGHT OF ENTRANT TO ACCESS AND USE THE WEB PORTAL, MEETS THE SPECIFIC REQUIREMENTS OF ANY FEDERAL, PROVINCIAL, STATE, OR LOCAL LAWS, REGULATIONS, OR GUIDELINES.

ENTRANT ACKNOWLEDGES AND AGREES THAT IT IS FULLY RESPONSIBLE FOR ITS USE OF THE WEB PORTAL AND SPONSOR CONTENT. SPONSOR EXPRESSLY DISCLAIMS ANY LIABILITY AS A RESULT OF THE PROMOTION. SPONSOR WILL NOT BE RESPONSIBLE FOR PAYMENT OF ANY FINES ASSESSED AGAINST ENTRANT OR ITS GROUP (OR ANY MEMBER THEREOF) OR ANY ASSOCIATED LEGAL ENTITY, AS THE CASE MAY BE, BY ANY REGULATORY AUTHORITY FOR ENTRANT’S, OR SUCH RELATED PERSON OR ENTITY’S, FAILURE TO COMPLY WITH STATUTORY OR REGULATORY REQUIREMENTS OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE SPONSOR NOR ANY OF SPONSOR’S AFFILIATES OR LICENSORS, NOR ANY OF SPONSOR’S AND SUCH AFFILIATES’ OR SPONSOR’S RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ADVISORS (COLLECTIVELY, “SPONSOR PARTIES”), WILL BE LIABLE TO ENTRANT OR ANY GROUP (OR MEMBER THEREOF) OR LEGAL ENTITY ON WHOSE BEHALF ENTRANT HAS ENTERED INTO THIS AGREEMENT FOR LOST REVENUE, LOST PROFITS, LOST BUSINESS, OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF A SPONSOR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THIS AGREEMENT.

Indemnification.
Entrant agrees to defend, indemnify, and hold harmless Sponsor, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all liabilities, damages, awards, settlements, losses, claims, suits, proceedings, assertions and expenses including court costs, third party legal fees and third party costs of investigation (“Losses”), arising from or relating to (1) a breach of Entrant’s representation, warranties, covenants or agreements in this Agreement or any Web Portal Policy (including, without limitation, a breach by Entrant’s agent), (2) any taxes or fees for which Entrant is liable, (3) any negligent or willful act of Entrant, (4) any violation of applicable law by Entrant or the Group (or any member thereof) or legal entity for whom Entrant acts hereunder, (5) any claim that the Submission infringes or misappropriates any third party intellectual property, proprietary or other rights and (6) any third party claim which, if valid, would be a breach of any of Entrant’s representations, warranties, covenants or agreements in this Agreement or any Web Portal Policy.

Mutual Right to Terminate.
In the event of a breach by either party, the non-breaching party shall have the right to terminate this Agreement by written notice to the party in material breach; provided however, the written notice must articulate in reasonable detail the nature of the breach and provide the party in breach a reasonable opportunity to cure (if curable).

Sponsor Right to Terminate.
Sponsor shall have the right to terminate this Agreement in Sponsor’s sole discretion effective immediately upon written notice to Entrant at any time with or without cause.

Survival of Provisions.
For the sake of clarity, the terms and conditions of the Agreement that by their nature require performance by either party after the expiration or termination hereof, including, without limitation, confidentiality and non-disclosure obligations, disclaimers of warranties, limitations of liability, exclusions of damages, indemnification obligations, governing law, and any other provision or partial provision that by its nature would reasonably extend beyond the termination of this Agreement shall be and remain enforceable after such termination of this Agreement for any reason whatsoever. For the avoidance of doubt, Entrant acknowledges and agrees that the grant of a license for the Sponsor, the Sponsor’s affiliates and the Sponsor’s and the Sponsor’s affiliates’ sub-licensees relating to the name, image, voice, likeness, factual biographical information and other material, information or content posted by Entrant to the Web Portal (including, if applicable, with respect to Entrant’s Group (and any member thereof) or entity) shall survive the termination of this Agreement.

Governing Law.
This Agreement shall be governed by the laws of the State of Oklahoma (without regard to choice of law principals).

Miscellaneous

Sponsor Contact Details. Music Quest, 4522 NW 16th Street OKC, OK 73127, Call questions to 866-405-9333 Select the extension for Carri Chronic. You can contact Sponsor with any questions and/or concerns here: info@itstopshereok.org.