Please read these Terms and Conditions ("Terms") carefully before accessing or participating in the Ember Shores 2026 Fan Vote (the "Campaign" or "Vote") at https://embershores.vote/ (the "Site").
The Campaign is a collaboration between tourQ (the fan intelligence platform operating at tourq.co) and Ember Shores / Illenium ("Ember Shores," and together with tourQ, the "Organizers"). By accessing the Site, creating an account, casting votes, or otherwise participating, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not participate.
Please note Section 11 (Dispute Resolution), which requires most disputes to be resolved by binding individual arbitration and waives class actions, subject to your right to opt out.
1. Eligibility
- You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is greater) at the time of voting.
- The Vote is open to individuals worldwide, subject to applicable law and Section 11. It is void where prohibited or restricted by law.
- Employees, officers, directors, and immediate family or household members of the Organizers and their affiliates, agents, and promotion partners are not eligible to win any prize offered under an optional giveaway (Section 5), but may otherwise vote.
- One account per person/email. Creating multiple accounts, voting on behalf of others, or using automated means will result in disqualification and may result in termination of access.
2. Voting Mechanics
- The Ember Shores 2026 festival takes place November 20–22, 2026, at Barceló Maya, Riviera Maya, Mexico.
- Each verified participant starts with 5 votes and may unlock up to 15 additional votes (20 total) by completing optional challenges (Section 3).
- You may distribute your votes across multiple artists or place multiple votes on a single artist, up to the number of votes you have earned.
- You may search for and add artists not already on the ballot (subject to platform verification of the artist).
- Votes are tallied in real time and shown on a public leaderboard that displays aggregate counts only. Your name and email are never publicly displayed.
- The top-voted artists will be considered by the Organizers when finalizing the lineup. Voting does not guarantee any artist's inclusion. The Organizers retain sole and final discretion over the lineup. Results are for fan-engagement purposes; no artist is obligated to perform based on vote totals.
- No purchase is necessary to vote.
- Voting is subject to verification of your email and identity. Fraudulent, duplicate, automated, or suspicious activity may result in disqualification and removal of affected votes. The Organizers may invalidate any ballot suspected of fraud, duplicate voting, or violation of these Terms without notice.
- Artist applications. Artists may apply to join the ballot via the apply-to-perform page and verify ownership of their Instagram account by sending a one-time code via direct message; the Organizers may approve, reject, or revoke applications at their sole discretion.
3. Challenges and Referrals
You may unlock additional votes by completing optional challenges. Participation is voluntary; you can use your 5 base votes without completing any challenge.
- Social sharing. Sharing the Campaign on social platforms. The relevant platform's own terms govern that action.
- Referrals. Inviting a friend to participate. Only submit contact information for people who have agreed to hear from you. We use a referral to send a single, one-time invitation and to attribute your referral; referred people are not added to any marketing or artist list unless they participate and opt in themselves. You are responsible for having permission to share another person's information. Bulk or automated referrals are prohibited.
- Follow / connect actions. Following an artist or the festival, or connecting a sign-in account. Where Spotify or Google is involved, we access only basic profile information unless you grant separate permission as described in the Privacy Policy.
Unlocked votes are tied to your verified account, have no cash value, are non-transferable, and confer no ownership or guarantee of any booking. We use fraud-prevention controls to enforce the 20-vote cap and detect abuse of the challenge system.
4. Data, Consent, and Privacy
The Campaign collects personal information as described in our Privacy Policy. Key points:
- What voting requires. To create your account and cast votes, we process your name, email (or basic profile from Google/Spotify sign-in), voting selections, and security/technical data. This is the only processing necessary to participate.
- Optional consents are separate and off by default. Voting does not enroll you in marketing. The following happen only if you separately opt in at sign-up or in your account settings:
- Marketing communications from Ember Shores and/or tourQ;
- SMS/text messages — only if you provide a mobile number and give express written consent; message and data rates may apply; reply STOP to opt out; consent is not a condition of voting.
- Sharing with artists. We do not currently share voter identities with artists. If we introduce that feature, we will obtain separate opt-in consent before any sharing occurs.
- Withdrawing consent. You may unsubscribe or withdraw any optional consent at any time. Withdrawal does not remove your vote from historical tallies or the aggregate leaderboard and does not, by itself, delete your account. To delete your information, use the rights process in the Privacy Policy.
- California / state privacy. Because optional artist-sharing may be considered a "sale" or "share," we provide a "Your Privacy Choices" opt-out link at embershores.vote/privacy-choices and honor recognized opt-out signals (e.g., Global Privacy Control).
- tourQ database. Information from participants who opt in may be retained by tourQ to support ongoing fan-artist relationships and platform services, consistent with the Privacy Policy.
If anything in this Section conflicts with the Privacy Policy, the Privacy Policy controls on matters of data handling.
5. Optional Giveaways or Incentives
The Organizers may, but are not required to, run referral incentives, contests, or prize giveaways in connection with the Campaign. Any such promotion will be governed by separate official rules posted on the Site that state eligibility, start/end dates, prize details, odds, any no-purchase-necessary entry method, and void-where-prohibited terms as required by law. In the event of a conflict between those official rules and these Terms regarding the promotion, the official rules control. The Organizers may modify, suspend, or cancel any optional incentive at any time, subject to applicable law.
6. User Content and Intellectual Property
- You keep ownership of your submissions. Any content you submit (e.g., artist suggestions, "share your vote" content) remains yours.
- License you grant. You grant the Organizers a non-exclusive, royalty-free, worldwide license to host, display, reproduce, and use that submission in connection with operating and promoting the Campaign. This license ends when the Campaign concludes, except for copies retained in routine backups or as required by law.
- Name, image, and likeness. We will use your name, image, or likeness in marketing only with your separate consent (for example, a "share your vote" feature you choose to use, or a release you sign). Voting alone does not grant rights to use your name or image in promotion.
- Your representations. You represent that your submissions are yours to share, do not infringe any third party's rights, and are not unlawful, defamatory, or obscene.
- Organizer marks. The tourQ and Ember Shores names, logos, and the Site are the property of the Organizers and may not be used without permission.
7. Prohibited Conduct
You agree not to: use bots, scripts, or automated tools to vote; create multiple accounts or vote on behalf of others; manipulate the leaderboard or interfere with the Site; submit false or misleading information; submit referrals without permission; or harass, spam, or engage in unlawful activity. Violation may result in disqualification, account termination, and other remedies available at law.
8. Disclaimers
The Site and Vote are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, to the fullest extent permitted by law. The Organizers do not warrant uninterrupted, error-free, or fully secure access. Voting results are for entertainment and fan-engagement purposes only.
9. Limitation of Liability
To the fullest extent permitted by law, the Organizers and their affiliates and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to the Campaign or Site. The Organizers' total aggregate liability arising out of or relating to the Campaign will not exceed USD $100. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; nothing in these Terms limits liability that cannot be limited under applicable law.
10. Indemnification
You agree to indemnify and hold harmless the Organizers and their affiliates and agents from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your submissions, your violation of these Terms, your misuse of the Site, or your submission of another person's information without permission.
11. Dispute Resolution; Arbitration; Class Waiver
Please read this Section carefully — it affects how disputes are resolved.
- Governing law. These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.
- Informal resolution first. Before filing any claim, you agree to contact us at support@tourq.co and attempt to resolve the dispute informally for at least 30 days.
- Binding arbitration. Except as noted below, any dispute arising out of or relating to the Campaign or these Terms will be resolved by final and binding individual arbitration administered by a recognized arbitration provider under its consumer rules, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this provision.
- Class action waiver. Disputes will be brought only in your individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding.
- Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief for intellectual-property or unauthorized-access claims.
- Your right to opt out. You may opt out of this arbitration and class-waiver provision by emailing support@tourq.co within 30 days of first accepting these Terms, stating your name, email, and intent to opt out. If you opt out, disputes will be resolved in the state or federal courts located in Los Angeles County, California, and you and the Organizers consent to that jurisdiction.
12. Termination and Changes
The Organizers may modify, suspend, or terminate the Campaign or these Terms at any time. For material changes, we will post the updated Terms and update the date above; where required, we will provide notice. Continued participation after changes constitutes acceptance, except that changes to Section 11 will not apply retroactively to a dispute of which the Organizers had notice.
13. Miscellaneous
- If any provision is held invalid, the remainder remains in effect.
- These Terms, together with the Privacy Policy and any applicable official rules, constitute the entire agreement between you and the Organizers regarding the Vote.
- No waiver of any breach is a waiver of any other breach. You may not assign these Terms; the Organizers may assign them in connection with a merger, acquisition, or sale of assets.
By voting, you acknowledge that you have read, understood, and agree to these Terms and Conditions, including the optional, opt-in nature of marketing and artist-sharing and the arbitration provision in Section 11.
Your voice. Their stage.