Exhibitions: Who Shot Rock & Roll: Remix! Official Terms and Conditions

Who Shot Rock & Roll Contest
Official Terms and Conditions

The following terms and conditions ("Terms") apply to the Who Shot Rock & Roll Contest (the "Contest") offered by the Brooklyn Museum (the "Sponsor") via the Brooklyn Museum Web site (“Sponsor Web site”) and in connection with the functionality and content made available on the SoundCloud Web site (the “SoundCloud Web site”, and together with the Sponsor Web site, collectively, the "Web Properties"). The Contest is an initiative that aims to inspire individuals who are passionate about contributing to the arts to remix and create musical tracks (“User Tracks”) based on eight pre-recorded drum and bass tracks provided by Chris Stein (guitarist and co-founder of Blondie) (the “Stein Tracks”). All submissions of User Tracks received during the Contest Period (as defined herein) and successfully received by the Sponsor via the SoundCloud Web site will be judged by the Sponsor and/or Chris Stein and eligible to receive the Award (as defined herein), all subject to the terms and conditions hereof.

1. Eligibility

No purchase necessary to participate in the contest. Entry into the contest open only to legal residents of the 50 United States and the District of Columbia who are 13 years of age or older as of the date of entry.  Employees of Brooklyn Museum and their immediate family members are not eligible. Void where prohibited or restricted by law.

2. Contest Period

The Contest begins at 11:00:00 AM ET on October 26, 2009, and ends at 11:59:59 PM ET on December 1, 2009 December 15, 2009, during which all User Tracks must be received (the "Contest Period") . Any attempted submissions of information or content, including User Tracks, that are lost, late, misdirected, incorrect, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility will be ineligible for the Contest.

3. Registration

In order to enter and participate in the Contest, you must first register on the Sponsor Web site, https://brooklynmuseum.wufoo.com/forms/who-shot-rock-roll-remix-registration/, and follow the instructions and requirements set forth therein. Each entrant who submits all of the requested information and completes the foregoing registration process on the Sponsor Web site (each a “Participant”) may then download the Stein Tracks made available on the SoundCloud Web site, http://soundcloud.com/brooklynmuseum/sets/chris-stein-for-who-shot-rock-and-roll, in order to create User Tracks and submit them to Sponsor’s “drop box” Web page on the SoundCloud Web site as more fully described below.

4. Entry Conditions

By entering in the Contest, each Participant agrees: (a) to be bound by and comply with (i) these Terms, (ii) any other rules, restrictions, and terms made available on or in connection with the Web Properties and/or applicable to the Contest, and (iii) the interpretations of these Terms by the Sponsor and by the decisions of the Sponsor, which are final in all matters relating to the Contest; and (b) (i) that he/she has already acquired the explicit consent and permission from any and all other collaborators (e.g., musicians, producers, writers, etc.) in connection with the creation and submission of each User Track (“Collaborators”) to submit each User Track into the Contest and (ii) that any and all Collaborators have reviewed and agreed to be bound by and comply with all of the terms and conditions applicable to Participants set forth herein.

5. Track Submission

(a) Each Participant may submit up to three (3) User Tracks in the Contest. Each such User Track entered into the Contest must be submitted to the Sponsor via Sponsor’s “drop box” Web page available on the SoundCloud Web site at http://soundcloud.com/brooklynmuseum/dropbox/. As part of the submission process, each Participant shall be required to provide certain information regarding each User Track submitted, and said information must be completed as described below and requested by the SoundCloud Web site.

Section 1: Please enter the name of the User Track.

Section 2: In order to submit a User Track in connection with the Contest, each User Track must be designated as licensed pursuant to the Creative Commons licensing terms and designated specifically as “Attribution,” “Share-Alike,” and “Non-Commercial.” User Tracks sent  via the SoundCloud Web site will only qualify for entry into the Contest if they are properly licensed as Creative Commons BY-NC-SA. In other words, the Stein Tracks have been licensed using a Creative Commons BY-NC-SA, which means they can be used in your remix as long as you license the resulting work the same way. All other information in this section is optional.

Section 3: Please enter your e-mail address which must be the same e-mail address submitted in connection with the registration process for the Contest on the Sponsor Web site.

Section 4: Please agree to the SoundCloud Web site’s Terms of Use and corresponding terms.

(b) Upon submission of the foregoing information, please confirm the transfer of each User Track pursuant to the terms of the e-mail correspondence automatically generated by the SoundCloud Web site and sent to you at the e-mail address submitted in connection with process described above.

6. Postings; License Rights

In order to promote the Contest, the Sponsor, and certain other related initiatives, the Sponsor requires a license to use the (a) User Tracks and (b) other information and content posted or submitted in connection with each Participant’s participation in the Contest, including, without limitation, each Participant’s name (and likeness) and biographical information (collectively, “Postings”). By way of example and by no means limitation, the Postings may be used in connection with participant lists, Web sites, e-mails, notifications, message boards, blogs, online social community network profiles/groups, news reports, and any other means of public display and performance. Accordingly, each Participant(s) hereby expressly grants the Sponsor and the Sponsor’s affiliated parties the right to use, reproduce, transmit, publish, post, display, publicly perform, create derivative works, modify, and promote any and all Postings on and in connection with the Web Properties and other forms of media, without notice and without compensation, right of inspection, royalty, accounting, liability, or obligation of any kind to any Participant, Collaborator, or any other third party.

7. Restrictions

Each Participant agrees that: (a) all contents of the User Tracks, with the exception of the Stein Tracks contained therein, must be (i) in the public domain, (ii) licensed from www.ccmixter.org pursuant to the terms and conditions of the Creative Commons license applicable thereto, and/or (iii) completely original to each Participant or Collaborator, and must not have been taken or composed in whole or in part from any other source, (b) the use of the User Tracks by Sponsor and the Sponsor’s affiliated parties as contemplated herein shall not give rise to any claims or infringement, invasion of privacy or publicity, or claims for any payment whatsoever including, but not limited to, claims for royalties or fees and (c) any and all User Tracks submitted in connection with the Contest shall not contain, include or involve any of the following:
In addition, each Participant agrees, confirms, and represents to the Sponsor that such Participant has not engaged or taken part in (or induced or encouraged anyone else to do so) in any activity or conduct in connection with the Contest that may violate the rights of any third party or the terms or conditions of these Terms.

8. Judges; Criteria

The official judging panel for the selection of the winner of the Contest shall be comprised of representatives from the Sponsor and/or Chris Stein (collectively, the “Judges”). All successfully submitted User Tracks will be judged based on a variety of elements, including, but not limited to, originality, creativity, how well Participants demonstrate that they appeal to the spirit of the Contest, and general musical appeal. The application of the judging criteria shall be in the sole and absolute discretion of the Judges. The Judges reserve the right not to declare a winner if they determine, in their sole discretion, that entries received did not meet the minimum qualification standards based on the judging criteria.

9. Award

There will be one prize for the Contest awarded to the Participant submitting the User Track selected by the Judges as the winner (the “Award”). The Award shall comprise of (a) a signed catalog from Who Shot Rock & Roll (Approximate Retail Value: $40.00) and (b) the opportunity to have the winning User Track featured and played during the Target First Saturday dance party at the Brooklyn Museum in January 2010. Only the Award described above shall be awarded and no substitutions, cash equivalents, and/or redemptions shall be made, except that Sponsor reserves the right to substitute the Award with another award of equal or greater value, including a cash award, in the event that the Award (or any component thereof) is not available. The Award is not transferable or assignable to any other person or entity, except by Sponsor. Reporting and payment of any and all applicable taxes, fees, and/or surcharges, if any, arising out of or resulting from acceptance or use of the Award are the sole responsibility of the Participant winning the Award.

10. Award Winner Notification

Sponsor shall attempt to contact the potential Award-winning Participant by e-mail after the conclusion of the Challenge Period using the e-mail address submitted during the registration process on the Sponsor Web site. If a potential Award winner cannot be contacted or does not respond and return the two copies of the completed Contest Documentation (as defined herein) within seven days of attempted notification, Sponsor reserves the right, in its sole and absolute discretion, to disqualify such potential Award winner and, if time permits, to select the next qualifying potential Award winner and attempt to contact same, who shall be subject to the same eligibility requirements and disqualification in the same manner as described in these Terms. Sponsor shall not be responsible for failed attempts to notify any potential Award winner and no responsibility is assumed by Sponsor for any e-mail(s) or other correspondence returned as undeliverable without a forwarding address or any other problems, omissions, or technical malfunctions associated with any network, servers, computer equipment, software, applications, the Internet, or any combination thereof. For the avoidance of doubt, each potential Award winner shall be subject to verification, including, without limitation, as described in Article 11 below.

11. Award Winner Verification

Upon request of the Sponsor, the Award-winning Participant must sign and return the following documents: (a) an affidavit of eligibility and release releasing the Sponsor and the Sponsor’s affiliated parties from any and all liability, loss, claims, demands, and causes of action for any harm suffered in connection with the Contest or based on any violation of any personal or property rights of any party; and (b) except where prohibited by law, a promotional release granting the Sponsor and its affiliated parties the right to use his/her name, likeness, and other materials and information for advertising and publicity purposes without additional compensation or consent (collectively, “Contest Documentation”). Entry into the Contest constitutes agreement by each Participant to sign and promptly return all Contest Documentation, including, without limitation, promptly returning all documentation required from Collaborators, as may be requested by the Sponsor.

12. General Terms

(a) Any violation of these Terms may result in disqualification. The Sponsor reserves the right to (i) cancel, terminate, modify, or suspend the Contest or these Terms at any time during the Contest Period and (ii) reject any entries in the Contest or any Participant’s activities associated therewith or disqualify any Participant that may be deemed, in its sole discretion, to violate these Terms, the terms and conditions of the Web Properties, and/or the spirit of the Contest.

(b) The Sponsor assumes no responsibility for the incorrect, inaccurate, incomplete, or failed posting or submission of information or content whether caused by tampering, unauthorized intervention, fraud, technical failures, or any online systems, servers, or providers, computer equipment, software, failure of any e-mail equipment or programming associated with or utilized in the Contest or by any human error which may occur in the processing of the Postings in the Contest, including, without limitation, any injury or damage to a Participant’s or any other person's computer related to or resulting from participation or downloading any materials (including, without limitation, the User Tracks) for the Contest.

(c) All Participants agree to (i) indemnify, hold harmless, and release the Sponsor and the Sponsor’s affiliated parties from any and all liability resulting or arising from any Participant’s or Collaborator’s acts or omissions in connection the Contest, including, without limitation, any Postings or failure to comply with Section 4(b) (Collaborators) herein, and (ii) that Sponsor and its affiliated parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Award or the Contest.

13. Applicable Laws

This Contest is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation, and enforceability of these Terms shall be governed by the laws of the State of New York. All disputes arising out of or connected with the Contest will be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York, New York. Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York.

14. Terms/Award Winners Request

For a copy of these Terms or the name of the Award-winning Participant, send a separate, stamped, self-addressed envelope to: Brooklyn Museum, Who Shot Rock & Roll Contest, 200 Eastern Parkway, Brooklyn, New York, 11238. Vermont residents may omit return postage. Requests received after February 1, 2010, shall not be honored.

15. Sponsor Contact Details

If you have any questions about these Terms, please contact the Sponsor at community@brooklynmuseum.org or the following address: Brooklyn Museum, Who Shot Rock & Roll Contest, 200 Eastern Parkway, Brooklyn, New York, 11238.