ACTIVE/124089920.1

ENGINEEARS AND ROCKING THE DAISIES

SOUND OF TOMORROW CONTEST

OFFICIAL RULES

THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH

LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST SPONSOR (AS

DEFINED BELOW) TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION

AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SPONSOR ON

AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR

REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK

RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN

INDIVIDUAL BASIS.

The EngineEars and Rocking the Daisies Sound of Tomorrow Contest (the “Contest”) begins at [9 a.m. PST on

July 17, 2023] (the “Contest Start Date”) and ends at [11:59 p.m. PST on September 25, 2023] (the “Contest End

Date”) (such period referred to herein as the “Contest Period”). The Contest is sponsored by EngineEars, Inc.

(the “Sponsor”) with the grand prize provided by Steyn Entertainment, which operates Rocking the Daisies

(“Steyn”). This Contest is in no way sponsored, endorsed, administered by, or associated with, Instagram or

TikTok. You are providing information to the Sponsor and not to Instagram or TikTok. Any questions, comments

or complaints regarding the Contest shall be directed to the Sponsor and not to Instagram or TikTok. ANY

VIOLATION OF THESE OFFICIAL RULES, INSTAGRAM’S TERMS OF USE OR TIKTOK’S TERMS OF

USE BY ANY ENTRANT MAY RESULT IN DISQUALIFICATION, AND ALL PRIVILEGES (INCLUDING

THOSE AS WINNER, IF APPLICABLE) WILL BE IMMEDIATELY TERMINATED.

1. HOW TO ENTER: To enter the Contest:

a) Step 1: If you are already a member of the EngineEars platform (the “Platform”), please sign into your

account at [https://engineears.com]. If you are not a member, please register for an account at

[engineears.com] and provide the Sponsor with accurate registration information.

b) Step 2: After registering with the Platform, click on the “Community” tab on your EngineEars profile and

then click on “Events”. Once you are in the “Events” section on the EngineEars Community tab, you will

see an event titled “The Sound of Tomorrow” with the option to register. Once you click “Register” and

agree to all Contest Terms and Conditions, you will then receive an email confirmation acknowledging

your registration into the Contest as well as providing you with a 20% discount code that you will be

required to use when booking an audio mix and master service (the “Services”) through the Platform.

c) Step 3: You will have between [12:01 a.m. PST on July 17, 2023] and [11:59 p.m. PST September 1,

2023] (the “Initial Submission Period”) to purchase the Services and register one completed master

recording of a single song (the “Recording”). You may submit multiple Recordings so long as the

Recordings satisfy the eligibility criteria.

Submitted entries may not be acknowledged. Proof of submission of an entry does not constitute proof of receipt

by Sponsor. All entries are subject to the Sponsor’s privacy policy located at

https://engineears.com/static/frontend/docs/EngineEarsPrivacyPolicy.pdf and these Official Rules; provided,

that, notwithstanding anything to the contrary therein, entrants expressly acknowledge and agree that Sponsor

may share their email addresses with Steyn, and Steyn may use the email addresses for its own promotional and

marketing purposes.

2. PRIZE: On or about September 22, 2023, the Sponsor will select two (2) grand prize winners

(collectively, the “Winners”). The Winners will receive an expense paid trip to Cape Town, South Africa to

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perform at the Rocking the Daisies South Africa Festival (the “Prize”). The Prize includes the opportunity to

perform at Rocking the Daisies South Africa Festival, which is being held [October 6-8, 2023] (the “Event”) the

round-trip airfare, accommodation, and local transportation to and from the Event, which has an estimated value

of [$10,000]. Specific performance dates and times and further details about the Prizes will be communicated to

the Winners after they have been selected. The Winners will be solely responsible for all other expenses not

specifically set forth herein. The Sponsor reserves the right to substitute prizes of equal or greater value. No

other substitution or transfer of prizes permitted. The non-cash prizes may not be redeemed for cash. In order to

receive a prize, the Winners may be required to provide proof of identification and/or Contest eligibility through

a background check. Any and all taxes on any prize, including income and/or sales taxes, are the sole

responsibility of the Winners. All entrants agree that information provided by the Sponsor is not advice, including

but not limited to, tax advice or legal advice, and every entrant is advised to consult a professional, including a

tax professional. The Winners of any prize with a value of $600 or greater may be issued a 1099 U.S. Tax Form

or similar form for the retail value of the prize, to the extent required by applicable laws.

3. ELIGIBILITY:

Entrant Eligibility. The Contest is only open to individuals, who are (i) legal residents of Albania, Argentina,

Armenia, Australia, Austria, Bahrain, Belgium, Canada, Costa Rica, Croatia, Cyprus, Czech Republic,

Denmark, Dominican Republic, Finland, France, Germany, Greece, Hong Kong, Iceland, India, Ireland, Israel,

Italy, Jamaica, Japan, Jordan, Luxembourg, Malaysia, Malta, Mexico, Netherlands, New Zealand, Nigeria,

Norway, Oman, Philippines, Poland, Qatar, Singapore, South Africa, South Korea, Spain, Sweden, Switzerland

Thailand, Trinidad & Tobago, United Arab Emirates, United Kingdom United States (ii) at least twenty-one

(21) years of age at the time of entry and (iii) must be able to travel to South Africa with a valid passport.

Entries are limited to individuals only; commercial enterprises and business entities are not eligible. Each

entrant must be an independent recording artist and may not be party to an existing recording or talent contract

with a record label, publisher, or similar entity. By participating in the Contest, each participant accepts the

conditions stated in these Official Rules, Instagram’s Terms of Use, and TikTok’s Terms of Service, agrees to

be bound by the decisions of the Sponsor and warrants that she/he is eligible to participate in the Contest.

Employees, independent contractors, officers, and directors of the Sponsor, affiliates, subsidiaries, advertising,

promotion, and fulfillment agencies, and legal advisors, and their immediate family members and persons living

in the same household, are not eligible to participate in the Contest. NOTWITHSTANDING THE

FOREGOING, THE CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject

to applicable federal, state and local laws and regulations.

Recording Eligibility. The Recording that is submitted in connection with the Contest will only be eligible if

such Recording (a) is not a copy or a tracing of any third party’s content, including sampled music; (b) complies

with the terms above under “How to Enter”, (c) is submitted during the Initial Submission Period, (d) contains

only the original and unreleased content of the entrant, (e) does not feature additional artists or individuals besides

the Contest entrant (e) does not contain content that is unlawful, hateful, discriminatory, racially inflammatory,

offensive, obscene, or morally or legally objectionable, in the Sponsor’s sole discretion, (f) does not contain false

or defamatory statements about any person or any third party, and (g) does not include any other identifiable

individual other than the individual entrant unless prior express consent is obtained from such individual. The

Sponsor reserves the right, in its sole discretion, to disqualify any Recording which Sponsor determines at any

time in its sole judgment fail to meet any of these criteria.

4. USE OF CONTENT. By posting a Recording to enter the Contest, you automatically represent and

warrant that you have the right to grant, and do hereby grant, to Sponsor the paid-up, royalty-free, perpetual,

irrevocable, sublicensable, non-exclusive right and license to (a) use, reproduce, modify, adapt, publish, translate,

create derivative works from, distribute, perform and display the Recording (in whole or in part) worldwide and/or

to incorporate all or any portion of it in other works in any form, media or technology now known or later

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developed for the full term of any patent, trademark, trade secret, copyright or other proprietary rights of any

party that may exist in the Recording; and (b) make, use, sell, offer for sale, and import any products and/or

services which practice or embody, or are configured for use in practicing, all or any portion of the Recording.

Under no circumstances will Sponsor be required to treat any Recording as confidential. Sponsor is entitled to

use the Recording for any purpose whatsoever without compensation to you or any other person. For the

avoidance of doubt, Sponsor will not be liable to you or any other person for any ideas for Sponsor’s business

(including, without limitation, product designs or ideas) derived from the Recording and will not incur any

liability as a result of any similarities to the Recording that may appear in any future products or services of

Sponsor.

5. SELECTION OF WINNERS

a) Phase 1: On September 4, 2023, the Sponsor will upload all qualifying Recordings to a public webpage

where visitors can vote for songs to advance to the next phase of the Contest. Voting will be open between

September 4, 2023 and September 8, 2023. The top 50 Recordings with the most votes will advance to

Phase 2.

b) Phase 2: On September 11, 2023, the entrants who have advanced to Phase 2 (the “Phase 2 Entrants”)

will be given instructions to create a verse for a pre-existing song by a recording artist designated by

Sponsor (the “Recording Artist”). The entrants will record, perform and post a verse on TikTok and

Instagram using the following hashtags: #EngineEars, #RockingTheDaisies and #TheFiends (the “Open

Verse Challenge”). The Phase 2 Entrants will have between [12:01 a.m. PST on September 11, 2023]

and [11:59 p.m. PST on September 15, 2023] to record and post their Open Verse Challenge. The

Recording Artist will listen and select five Phase 2 Entrants to advance to Phase 3 based on the following

judging criteria:

• Originality and creativity (33.3%)

• Lyrics (33.3%); and

• Performance (33.3%)

c) Phase 3: On September 18, 2023, the five Phase 2 Entrants who have been selected to advance to Phase 3

(the “Finalists”) will be announced with instructions for a final voting live stream that will take place on

September 22, 2023. A panel of three music industry A&R executives selected by the Sponsor (the

“Panel”) will join the live stream and listen to all the Recordings submitted by the Finalists, including the

Open Verse Challenge. In its sole discretion, the Panel will select two winners based on the following

criteria:

• Originality and creativity of the Phase 1 Recordings (33.3%);

• Originality and creativity of the Open Verse Challenge (33.3%); and

• Social media presence and image (33.3%)

In the event of a tie between two or more entrants, the entrant that [received the highest score for the Open Verse

Challenge], as determined by the Panel in their sole discretion, will be deemed the potential winner among the

tied entrants. The potential winners will be notified by the email associated with your Platform account. In the

event a potential winner does not accept a prize, a potential winner is ineligible, or the prize or prize notification

is not deliverable, an alternate winner may be selected. The Sponsor is not responsible for and will not be liable

for late, lost, misdirected or unsuccessful efforts to notify a potential winner. The Winners agree to Sponsor’s

use of his/her name, address, likeness, and/or prize information for promotional purposes in any medium without

additional compensation to the extent permitted by law. Where lawful, the Winners may be required to sign and

return an Affidavit of Eligibility, Release of Liability, and Publicity Release in order to receive the Prize.

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6. CONDITIONS: The Sponsor, Steyn, Instagram, TikTok, and their respective agents, directors, officers,

shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors,

representatives, advertising, promotion, and fulfillment agencies, and legal advisors (the “Released Entities”), are

not responsible for, will not be liable for, and hereby disclaim all liability arising from or relating to: (a) late, lost,

delayed, damaged, misdirected, misaddressed, incomplete, or unintelligible entries; (b) telephone, electronic,

hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any

kind, whether human or technical; (c) failed, incomplete, garbled, or delayed computer or email transmissions;

(d) any condition caused by events beyond the control of the Sponsor; (e) any injuries, losses, or damages of any

kind arising in connection with or as a result of any prize, or any portion thereof that may have been awarded, or

acceptance, possession, or use of any prize, or any portion thereof that may have been awarded, or from

participation in the Contest; or (f) any printing or typographical errors in any materials associated with the Contest.

The Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Contest should any

unauthorized human intervention or other causes beyond the Sponsor’s control corrupt or affect the

administration, security, fairness or proper conduct of the Contest. In the event that proper administration of the

Contest is prevented by such causes as contemplated above, the Sponsor will pick the Winners from all eligible,

non-suspect entries received prior to such action. In the event of a dispute as to the identity of a Winner based on

an email address, the winning entry will be deemed to be made by the authorized account holder of the email

address at time of entry. “Authorized account holder” is the natural person who is assigned an Instagram account

by Instagram or other organization responsible for assigning Instagram accounts for the Instagram username in

question. By participating in the Contest, participants and Winners agree to release, discharge and hold harmless

the Released Entities, and all others associated with the development and execution of the Contest, from any and

all losses, damages, rights, claims and actions of any kind arising out of or relating to the Contest, participation

in the Contest, any prize, or any portion thereof that may have been awarded, and/or acceptance, possession, use

or misuse of any prize, or any portion thereof that may have been awarded, including but not limited to statutory

and common law claims for misappropriation or participant’s right of publicity. All issues and questions

concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and

obligations of entrants or Sponsor in connection with this Contest are governed by and construed in accordance

with the laws of the State of Delaware without giving effect to any choice of law or conflict of law rules (whether

of the State of Delaware or any other jurisdiction) that would cause the application of any other state’s laws.

7. Arbitration Agreement; Dispute Resolution by Binding Arbitration:

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

(a) Agreement to Arbitrate: This Section is referred to in these Official Rules as the “Arbitration

Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and the

Sponsor, whether arising out of or relating to these Official Rules, the Contest, your participation in the Contest,

the prize, acceptance, possession, use or misuse of the prize, any advertising, or any aspect of the relationship

between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance

with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court,

if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the

attention of federal, state or local agencies, and such agencies can, if the law allows, seek relief against us on your

behalf. You agree that, by participating in the Contest, you and the Sponsor are each waiving the right to a trial

by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or

jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

(b) Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND THE

SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON

AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED

CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE

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SPONSOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE

THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY

FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE

ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND

DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF

AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT

PARTY’S INDIVIDUAL CLAIM(S).

amicably and efficiently, and most participant concerns can be resolved quickly and to the participant’s

satisfaction by emailing the Sponsor’s support team at info@engineears.com If such efforts prove unsuccessful,

a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute

(“Notice”). The Notice to the Sponsor should be sent to 18720 Oxnard Street, Unit 102 Tarzana CA 91356, Attn:

Dan Maynard (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and

(ii) set forth the specific relief sought. If the Sponsor and you do not resolve the claim within sixty (60) calendar

days after the Notice is received, you or the Sponsor may commence an arbitration proceeding. During the

arbitration, the amount of any settlement offer made by the Sponsor or you will not be disclosed to the arbitrator

until after the arbitrator determines the amount, if any, to which you or the Sponsor is entitled.

(d) Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with

the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary

Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration

Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the

AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page,

http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and

any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless

the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in

a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Official Rules as a court

would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope,

enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually

simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same

damages and relief on an individual basis that a court can award to an individual under these Official Rules and

applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for

very limited reasons.

Unless the Sponsor and you agree otherwise, any arbitration hearings will take place in a reasonably convenient

location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the

parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000

or less, the Sponsor agrees that you may choose whether the arbitration will be conducted solely on the basis of

documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by

the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.

Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision

sufficient to explain the essential findings and conclusions on which the award is based.

(e) Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the

“Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration

Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.

(f) Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by

the arbitrator, will be strictly confidential for the benefit of all parties.

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(g) Severability: If a court or the arbitrator decides that any term or provision of this Arbitration

Agreement other than clause (b) above is invalid or unenforceable, the parties agree to replace such term or

provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention

of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so

modified. If a court or the arbitrator decides that any of the provisions of clause (b) is invalid or unenforceable,

then the entirety of this Arbitration Agreement will be null and void. The remainder of these Official Rules will

continue to apply.

8. WINNERS LIST: To obtain the first name, last initial, city, state, and country of the Winners, send a

separate self-addressed, stamped envelope marked “EngineEars and Rocking the Daisies Sound of Tomorrow

Contest Winners List” to the Sponsor. Requests for Winners list must be received no later than 90 days from the

Contest End Date (return postage is not required where provided for by applicable laws).

9. SPONSOR:

EngineEars, Inc.

18720 Oxnard Street, Unit 102

Tarzana CA, 91356

10. NOTICE: The Sponsor reserves the right to prosecute and seek damages against any individual who

attempts to deliberately undermine the proper operation of the Contest in violation of these Official Rules and/or

criminal and/or civil law.

11. RIGHT TO TERMINATE & MODIFY: The Sponsor reserves the right to modify, suspend or terminate

the Contest in its sole discretion, including if the Event is cancelled, or the occurrence of other events beyond its

reasonable control such as natural disaster, act of God, labor controversy, civil disturbance, terrorism, or cyber-

attacks (e.g. DDOS). The Sponsor also reserves the right to cancel or suspend the Contest in its entirety should

tampering, unauthorized intervention, fraud, technical failures or other causes corrupt the administration, security,

fairness, integrity or proper play of the Contest. The Sponsor reserves the right at its sole discretion to disqualify

without refund any individual it finds to be tampering with the submission process or the operation of this Contest

or any website, intending to annoy, abuse, threaten or harass any other entrant, individual or any of its

representatives or to otherwise be acting in violation of these Terms and Conditions and void all associated

Contest entries.

EngineEars, Inc. Rocking the Daisies, Instagram, TikTok and their associated logos are trademarks of Steyn,

Instagram and TikTok, respectively. Any other trademarks in these Official Rules are used for prize identification

purposes ONLY and are the properties of their respective owners.