Algiers Soundcloud Remix Terms and Conditions

1. These Terms and Conditions ("T&Cs") shall be binding on you on entering this competition (the “Competition”) operated by Matadors Recordings, LLC t/a Matador Records, of 134 Grand Street, New York, NY 10013 (company number 2799476) ("Promoter").
2. This Competition is open to individual UK residents (excluding Northern Ireland), US residents and Germany residents aged 16 years or over (if you are under 18 years old you represent and warrant to us by entering this competition that your parents/guardians have consented to your entry and to these T&Cs, which they have read. Proof of age and identity may be required).
3. This Competition runs from 5 December 2022 at 3pm until 23.59pm 30 January 2023 the closing date for entries being 23.59pm 30 January 2023 (“Closing Date”). After the Closing Date no further entries to the competition will be permitted.
4. There is no entry fee and no purchase necessary to enter this Competition.
5. Route to entry for the Competition and details of how to enter are via https://soundcloud.com/algiers and https://algierstheband.com/remix.
6. Entry is limited to one per person. Multiple entries from the same person will be disqualified.
7. No responsibility can be accepted for entries not received for whatever reason.
8. The rules of the competition and how to enter are as follows:
1. Go to https://soundcloud.com/algiers or https://algierstheband.com/remix and download the stems (“Stems”) to Algiers track “Irreversible Damage featuring Zack De La Rocha” (the “Track”).
2. Use the Stems to your preferred music software via your personal device only to create a new remix of the Track
3. Upload the remix to Soundcloud with #algiersgotshook in the title and tag
4. Enter the requested information in the signup form and link to the Soundcloud URL of your remix here: https://www.algierstheband.com/remix

By entering the Competition, you acknowledge and agree to abide by these T&Cs and the General Terms and Conditions, which can be found below.

9. The prize is as follows:
• a. an official digital only release of the winning remix, subject always to Promoter’s A+R approval (which shall be in their sole discretion);
• b. a “Special Cranker” pedal courtesy of EarthQuaker Devices (value = US$99);
• c. Algiers album discography on vinyl (value = £90).

The prize is as stated, and no cash or other alternatives will be offered. The prize is non-transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice. There shall be no fees, royalties, sums or other remuneration payable to the winner in respect of the winning remix and the General Terms and Conditions shall apply at all times.

10. The Promoter and/or Algiers will pick the best remix (which shall be in their sole discretion). The winner will be contacted via the method they entered the Competition. Only the winner will be contacted personally. Your personal data will be processed in line with Beggars Group’s privacy policy: https://beggars.com/privacypolicy. Notwithstanding the foregoing, by entering this Competition entrants acknowledge that the internet is not a secure medium and information submitted to this Competition via Soundcloud or any other third party website may be accessed by third parties and Promoter accepts no liability for third party interaction and/ or interface.
11. The prize(s) must be taken as stated and cannot be deferred. There will be no cash or other alternative to the prizes stated and the prizes are not transferable, and no part or parts of the prize may be substituted for other benefits, items or additions. Once the prize have been allocated and despatched, they cannot be transferred. Promoter reserves the right to substitute prizes of equal or greater value at any time.
12. Promoter accepts no responsible or liability for: 1) failed, returned or misdirected notifications based on inaccurate information provided by any entrant on entry, 2) entries, and/ or responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, misdirected, damaged or otherwise not received by the intended recipient, in whole or in part due to computer, mobile phone or technical error of any kind. Proof of sending is not proof of receipt; or 3) technical, hardware, or software failures of any kind or lost or unavailable network connections which may limit or prohibit an eligible entrant's ability to participate in the Competition; 4) entries made fraudulently.
13. Promoter reserves the right in its sole discretion, to cancel or suspend this competition should 1) a virus, 'bug' or other cause beyond Promoter’s control corrupt the administration, security or proper play of the Competition; or 2) if deemed necessary in Promoter’s opinion (including without limitation where Promoter feels that the Competition is not capable of being conducted as specified). Any modification or amendment will be published.
14. Entrants must supply full details as required as part of the Competition, and comply with all rules (including these T&Cs and the General Terms and Conditions below) to be eligible for prize(s). Promoter reserves the right, with or without cause, to exclude entrants and/ or winners and withhold prizes for violating any of these T&Cs or General Terms and Conditions, acting fraudulently or generally breach the spirit of the Competition. Deeming an entry void or disqualified is at Promoter’s absolute and sole discretion.
15. This Competition is not open to employees or contractors of Promoter, any person directly or indirectly involved with Promoter or in the running of the Competition, or their direct family member.
16. Promoter’s decision is final and binding in every situation including not covered in these T&Cs and no correspondence will be entered into.
17. Promoter shall use reasonable endeavours to contact the winner(s) within one (1) month of the Closing Date. If the Promoter is unable to contact any winner (for any reason) within the aforementioned period, or winner(s) are unable to participate in the prize (after they have been contacted) for any reason (including without limit illness or scheduling) then the winner will be deemed to have forfeited their prize and Promoter reserves the right (but is not obliged) to either offer the prize to the entrant whose remix is chosen next, or to re- offer the prize in any future competition.
18. Winners hereby agree to comply with reasonable requests and instructions from Promoter and their representatives during the partaking of any prize and comply with all health and safety standards, Promoter reserves the right to remove a winner from continuing participation in a prize if winner is behaving in a manner which is contrary to the obligations of this clause or in any manner that Promoter, in their discretion, feels is inappropriate.
19. Results will be announced via the method that the winner entered the Competition and details of the winning entrant will be available on request.
20. Unless prohibited by law, entry constitutes permission to use winners’ and person’s accompanying the winner’s names and likenesses in all media for publicity purposes without any further compensation, including without limitation being published on the Promoter’s or affiliated websites.
21. By entering or accepting a prize in the Competition entrants/ winners will be deemed to have read, understood, accepted and agree to be bound by these T&Cs, to confirm to all laws and regulations and abide by any terms and conditions imposed by any third party provider of the Competition or prize (or part thereof).
22. By entering, participants, winners and persons accompanying the winners (“Party”), agree to release and hold harmless Promoter, its parent company, subsidiary and affiliated entities, directors, officers, employees, attorneys, agents and representatives from any damage, injury, death, loss, claim, action, demand or other liability that may arise from their entering (or attempting to enter) this Competition and/ or acceptance and/ or use of prize and/ or their participation in this promotion (including without limitation any loss caused by any errors or changes made by third party providers), or from any misuses or malfunction of any prize awarded or a breach by the Party of these T&Cs. Nothing in these T&Cs shall limit Promoter’s liability for death or personal injury caused by their employees or agents’ negligence or for fraud.
23. Neither party to these T&Cs shall be liable for any failure or delay in performance under these terms and conditions to the extent that such failure or delay are caused by conditions beyond their reasonable control, including but not limited to acts of God, government restrictions, wars, insurrection.
24. If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these T&Cs and the remaining clauses shall survive and remain in full force and effect.
25. These T&Cs and the Competition in respect of UK residents shall be governed by English law and by entering this Competition all entrants agree that all disputes shall be submitted to the exclusive jurisdiction of the High Courts of Justice. This Competition is void where prohibited by local law.

GENERAL TERMS AND CONDITIONS:

1. These Terms and Conditions shall be binding in respect of any use of the Material (as defined below);
2. Participation is open to individuals residing in the UK (excluding Northern Ireland), the USA and Germany;
3. The artist professionally known as Algiers (“Artist”) is uploading the stems from the master recording entitled ‘Irreversible Damage featuring Zack De La Rocha’ (“Materials”) onto Soundcloud: https://soundcloud.com/algiers and https://algierstheband.com/remix (together the “Website”). Users to the Website (“Users”) will be entitled to download the Materials to their personal computers, tablets or phones only and to use the Materials to create original remixes of the master recording entitled ‘Irreversible Damage’ (“User Remix”) only. No other use of the Material is permitted hereunder;
4. Nothing contained in these terms and conditions or in the act of making the Materials available on the Website shall give to any Users or any other third party any rights in and to the Material and/or the User Remix or the underlying compositions embodied therein save as specifically stated herein. All rights in and to the Materials (whether as part of a User Remix or otherwise) and User Remix shall remain vested in the Artist and Label (as defined below) and User shall not have any right to use or exploit any User Remix save as specifically allowed hereunder or agreed with the Artist and Artist’s label, Matador Recordings, LLC t/a Matador Records (“Label”) directly.
5. By downloading the Materials Users agree to be bound by the terms and conditions contained herein and that any use of the User Remix shall be in accordance with the terms and conditions contained herein and the associated Competition T&Cs only;
6. Users will be entitled to upload their User Remix to their personal free to end user SoundCloud page only for the purposes of entering the associated Competition. For the avoidance of doubt the User Remix may not be uploaded to SoundCloud Go. All other uses or exploitation including without limitation any commercial exploitation of the User Remix is prohibited unless agreed specifically with Label and Artist. Users should upload any User Remix with the hashtag: #algiersgotshook in the title and tag.
7. Users are not entitled to monetise in any way or otherwise commercially exploit a User Remix.
8. In addition to uploading the User Remix on SoundCloud, all Users must use the signup form and link to their User Remix at: https://algierstheband.com/remix in order to enter the competition (subject to Competition T&Cs). Failure to do so may result in the User Remix being taken down for copyright infringement. In the event that a User Remix is taken down from SoundCloud, Users should email a link to the relevant page to the above email address and Label and Artist shall use reasonable endeavours to have such take downs reinstated. Reinstatement is however subject to compliance of Soundcloud and User not being in breach of these terms and conditions.
9. Participation is open to Users over the age of sixteen (16). If you are under the age of eighteen (18) you represent and warrant to us by entering this competition that your parents/guardians have consented to your entry and to these Rules, which they have read. Proof of age and identity may be required.
10. By downloading the Material, User hereby confirms and agrees that any User Remix remixed by that User using the Material hereunder and all reproductions made from the performances embodied therein and the copyrights if any in and to the User Remix shall be entirely Label’s property free of any claims whatsoever by User or any person firm or corporation deriving any rights or interests through or from User or any third party and all such rights are hereby granted to Label irrevocably with full title guarantee. Without limitation of the foregoing, Label and their designees shall have the worldwide rights in perpetuity to manufacture sell distribute exploit and advertise records embodying such recordings (i.e. any User Remix) by any method now or hereafter known to release records under any trademarks trade names or labels to perform the records or other reproductions publicly and to permit public performance thereof by radio broadcast television or any other method now or hereafter known all upon such terms and conditions as Label may approve and to permit others to do any or all of the foregoing or Label may at their election refrain from any or all of the foregoing. The Prize (as stated in the Competition T&Cs shall be subject to Label’s A+R approval). There shall be no fees, royalties, sums or other remuneration payable to the winner in respect of the winning User Remix.
11. Notwithstanding the foregoing, by downloading the Material Users hereby agree to enter into any further documentation required by Label and/or Artist to confirm the rights to the User Remix or otherwise;
12. Once a User has uploaded a User Remix to their SoundCloud as allowed hereunder, Label and Artist shall be entitled to exploit the User Remix (including without limitation by uploading the same to Artist’s own SoundCloud or YouTube channel or any other digital service providers). User shall not be entitled to assign an ISRC to any User Remix, instead Label may assign an ISRC to any User Remix. In the event that Label and/or Artist further exploit any User Remix Users shall not be entitled to any remuneration in respect of the same.
13. Users warrant that they shall not incorporate any so-called “sample” into any User Remix hereunder without Label’s prior written approval thereto and Users shall in any event be responsible for obtaining and paying for licenses from the owners of the rights in the sound recording and musical composition embodied in any approved sample so incorporated therein. Any samples that any Users incorporate into a User Remix is done at Users own risk and liability.
14. Users further warrant that they are fully entitled and free to enter into these terms and conditions and make the warranties and grant of rights herein; and use of the User Remix shall not infringe or violate the copyright or performer's right or right of privacy or publicity or moral right or any other right of any person or common law or statutory rights of any third party and will not be defamatory or obscene;
15. Users, by downloading the Materials, agree and do indemnify and hold harmless the Artist, Label and their licensees and assigns from any and all claims loss and damage (including reasonable legal fees) arising out of or connected with i) any claim by a third party which is inconsistent with any of the warranties or representations made by users in this contract or ii) any use of the User Remix by Label, Artist or authorised by Label and/or Artist.
16. Label and Artist reserve the right to take down any User Remix for any reason in their absolute discretion;
17. Label and Artist’s decision about any take down of a User Remix shall be final and no further use of such User Remix may be made with the further approval of Artist and Label;
18. User’s personal data will be processed in line with Label’s privacy policy which can be found at https://beggars.com/privacypolicy. Notwithstanding the foregoing, by downloading the Material Users acknowledge that the internet is not a secure medium and information submitted to this Website or any other third party website may be accessed by third parties and neither Label nor Artist accept any liability for third party interaction and/or interface;
19. Label and Artist accepts no responsible or liability for i) technical, hardware, or software failures of any kind or lost or unavailable network connections which may limit or prohibit a User’s ability to download the Materials or email the address stated above; or ii) any take down of any User Remix.
20. Label reserves the right to amend these terms and conditions at their discretion;
21. Unless prohibited by law, submitting a User Remix to the email address above constitutes permission to use Users names and likenesses in all media for publicity purposes without any further compensation, including without limitation being published on the Website or affiliated websites.
22. By downloading the Materials, users will be deemed to have read, understood, accepted and agree to be bound by these terms and conditions and to confirm to all laws and regulations.
23. By downloading the Material, Users agree to release and hold harmless Artist, Label, its parent company, subsidiary and affiliated entities, directors, officers, employees, attorneys, agents and representatives from any damage, injury, death, loss, claim, action, demand or other liability that may arise from their downloading the Material, creating a User Remix and uploading the same as allowed and any other participation hereunder (including without limitation any loss caused by any errors or changes made by third party providers), or a breach by the User of these terms and conditions. Nothing in these terms and conditions shall limit Label or Artist’s liability for death or personal injury caused by their employees or agents’ negligence or for fraud;
24. In addition to the foregoing, by downloading the Materials, Users give to Label and Artist the worldwide non-exclusive right in perpetuity to use and to permit others to use Users name, professional name and approved likeness and approved biographical material on all labels jackets inserts and card inlays of phonograph records and tapes embodying any of the masters and for advertising purposes in connection with such records and tapes. Label shall use reasonable endeavours to procure that user shall be given credit on all sleeves and card inlays.
25. Neither party to these terms and conditions shall be liable for any failure or delay in performance under these terms and conditions to the extent that such failure or delay are caused by conditions beyond their reasonable control, including but not limited to acts of God, government restrictions, wars, insurrection.
26. If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these terms and conditions and the remaining clauses shall survive and remain in full force and effect.
27. These terms and conditions and the content contained therein (including without limitation the Material and any User Remix) shall be governed by English law and by participating all Users agree that all disputes shall be submitted to the exclusive jurisdiction of the High Courts of Justice.