Remix Contest Terms
Terms and Conditions
1. The Competition will run on soundcloud and www.DJShadow.com websites (“Websites”)
2. Closing date for entries is Midnight (GMT) on [ Nov, 25th] 2011.
3. The competition is open worldwide (SAVE THAT children under 18 years of age must be able to provide the consent of a parent or guardian if requested as detailed below),
4. Entry limited to one per person
5. No purchase is necessary but entrants should be aware that they may be subject to local call charges depending on their own individual arrangements for Internet access.
6. An eligible entrant must sign up following the instructions on the remix.djshadow.com page (“the Site”), to enter the competition to download the instrumental and vocal parts of the track “Scale It Back” by DJ Shadow (“Recording”) as part of the competition. The entrants shall then upload their remix of the Recording to Soundcloud only via the instructions on remix.djshadow.com, for the avoidance of doubt entrants shall not be entitled to make any other use of their remix embodying the Recording other than to take part in the competition as set forth herein without the prior written consent of Universal Music. The top five entries will be the entrants whose remix of the Recording obtains the most plays on Soundcloud prior to the closing date of the competition, entrant will be entitled to share a link to their remix on Soundcloud but must not share their remix by any other format, means or method. The winner(s) will be the entry(ies) judged by Universal and/or DJ Shadow to be the best from any of the entries. DJ Shadow and Island Records reserve the right to choose a winner that is not within the “top five,” and/or to select more than one winner based on more than a single criterion . All entrants must have registered and uploaded their remix via remix.djshadow.com. In the event that you are under 18 years of age, then you may require the consent of your parent or guardian to join Soundcloud and take part in the competition. Universal/DJ Shadow reserves the right to reject any entry and/ or to require entrants to provide proof of their age and/ or parental/ Guardian consent, any such entry shall be withdrawn from the competition until such time as the entrant can provide the required information.
7. All rights in the Recording are reserved by Universal and DJ Shadow and nothing contained herein or in the competition shall grant any rights in the Recording to an entrant or any other third party, save as provided herein.
8. Universal Music and DJ Shadow will not be liable for any failure of receipt of entries. Universal Music and DJ Shadow takes no responsibility for any entries that are lost, delayed, illegible, corrupted, damaged, incomplete or otherwise invalid. Further, Universal Music and DJ Shadow will not be liable for 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.
10. All entries received by Midnight (GMT) on [ Nov 25th ] 2011 will be judged by Universal Music And DJ Shadow. Subject to clauses 12, 13 and 14, the winner will a cash prize to be disclosed only to the winner (“Prize Money”) (or a share thereof in the event that more than one entry is deemed the winner) and the chance for their winning remix of the Recording to be put up for sale on digital and physical sales outlets by Universal Music.
11. By entering and submitting a remix, all eligible entrants agree to abide by each and all of these General Rules, the Terms and Conditions that govern DJShadow.com and Soundcloud.com. No remix submitted as part of this competition, regardless of age, should contain sounds or words that could be offensive to the reasonable person on grounds that it discriminates against or is discriminatory to any person or group (whether on grounds of sex, race, religion or other).
12. The entrants represent and warrant that the remix submitted is the entrant’s original work and that it does not violate any agreement between the entrant and any third party and the remix does not infringe upon or violate any law, agreement or other rights of any kind, of any third party, without limitation, rights affecting copyright, contract, defamation, privacy or publicity. In addition to the foregoing the entrant represents and warrants that the remix shall not contain any so called samples and/ or other copyright material owned by a third party save for the Recording. The entrants agree not to assert and/or to waive any moral rights in the remix(es) against the Universal Music it licensee, subsidiaries and assigns.
13. The winner(s) of first prize agrees that in consideration of the payment by us to winner of the Prize Money that they shall enter into an agreement with Universal Music to assign the winning remix(es) and any rights in their performance(s) embodied on the winning entry(es) to Universal Music with full title guarantee to the extent that Universal Music shall own the same throughout the world for the full life of copyright and shall be entitled to sell and otherwise exploit the remix in any manner and in all media throughout the World and shall complete any and all further paperwork required by Universal Music. The Winner(s) warrant that they are free to grant such rights in the winning remix(es) to Universal Music and agree to indemnify Universal Music in respect of any claims, damages and costs arising as a result of the winner(s)’ breach of this warrant
14. In the event that any of the winning entrant(s) is under 18 then such win is subject to receipt by us of signed consent from the parent or guardian of the winning entrant for them to assign the rights in the remix to us and for us to exploit the remix as per clause 13 herein and for them to participate in the prize.
15. By submitting a remix (“the Materials”) the entrants agree to grant Universal Music a non-exclusive, fully paid and royalty free, sub-licensable and worldwide licence to use, edit, modify, display, publish, perform, reproduce, communicate, and distribute the Materials. For the avoidance of doubt, all entrants agree to the free use of their names, photographs and general locations for publicity and news purposes during this and future promotions in any and all media by Universal Music or any associated or subsidiary company of the Universal Music Group of companies and Universal Music shall be entitled to display and publically perform the Materials. Universal Music shall not acquire any right, title or interest to the intellectual property rights in the Materials, except as provided in this clause or elsewhere within these terms and conditions. If a person does not wish to grant Universal Music such rights in the Materials then they should refrain from entering the competition. Also by submitting the Materials with an entry, the entrant warrants that they are free to grant such rights in the Materials to Universal Music and agree to indemnify Universal Music in respect of any claims, damages and costs arising as a result of the entrant’s breach of this warranty. In addition to the foregoing by submitting to Universal Music an entry all entrants agrees and acknowledges that they shall only be entitled to use and/ or exploit the Materials (ie their remix) on Soundcloud (as a stream and not a download) without Universal Music’s prior written approval, for the avoidance of doubt entrants represent and warrant that they will not upload their remixes of the Recoding, the Recording or any part of the Recording to any websites other than Soundcloud including without limitation any sites that embody or encourage peer to peer sharing of music without consent of Universal Music and will not upload the remix, Recording, or any part of the Recording for download or stream over the internet, save as agreed herein, without Universal Music’s consent. For avoidance of doubt: the remixer is able to share their uploiad on Soundcloud and embed their Soundcloud upload on other platforms, but is not allowed to upload the source file to any other source or public online platform, other than Soundcloud.
16. No cash or prize alternative will be offered and the prizes are not transferable and no part or parts of the prize may be substituted for other benefits, items or additions.
17. The winner be announced on the Site in December, 2011, or January, 2012 and the winner will be notified by e-mail within 30 days thereof. All reasonable endeavours will be made to contact the winners during this time. If a winner cannot be contacted before this time on the mobile number or email address supplied by the entrant with their entry, Universal Music reserves the right to select the entrant whose entry the judging panel consider to be next best. In the event that winner is unable to (for any reason (including without limitation due to lack of parental consent) or refuses to grant to Universal an assignment of all rights in the winning remix (es) pursuant to clause 13 hereof then neither Universal nor Dj Shadow shall be entitled to chose another winner and Universal reserves the right to select the another entrant.
18. The judges’ decision is final and binding on the entrants. No correspondence will be entered into.
19. The judges reserve the right to not select an overall winner if none of the entries are deemed to be of high enough quality.
21. By entering the competition all entrants are deemed to have accepted and be bound by these General Rules.
22. Universal Music reserves the right at any time to cancel, modify or supersede the competition (including altering prizes) if, in our sole discretion, a competition is not capable of being conducted as specified.
23. Nothing in these terms and conditions shall limit Universal Music’s liability for death or personal injury caused by their employees or agents’ negligence or for fraud.
24. If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable the it shall be severed and deleted from these terms and conditions and the remaining clauses shall survive and remain in full force and effect.
25. These terms and conditions shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction.
26. The promoter of this competition is Universal Music Operations Limited, a company registered in England and Wales with number 0950138 whose registered office is at 364-366 Kensington High Street, London W14 8NS.