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ELIGIBILITY
The Nightingale Score2Film Challenge (the “Competition”) is open worldwide
(excluding the province of Quebec, and where prohibited by law), to those over the
age of majority in their respective jurisdiction of residence. You are not
eligible to enter or to win if you are: (a) an employee, officer, director, representative
or agent of Nightingale Music Productions Inc. (the “Competition Sponsor”),
its parent, subsidiary or related companies and, if applicable, their respective
advertising or promotion agencies, a member of the Judging Panel (as defined below
in Rule 6), or any other companies or individuals engaged in the provision of goods
or services related to this Competition; or (b) a member of the immediate family
(parent, child, sibling, or spouse whether related through blood, marriage, common
law, civil union or adoption, regardless of where they live) or household (whether
related or not), of any of the above individuals. Internet access and a valid
email account are required. Void in Quebec and where prohibited.
ENTRY PERIOD
Eligible entrants may submit an Entry (as hereinafter defined) in the Competition
between 12:00:01 AM ET on September 1, 2009 and 11:59:59 PM ET on October 30,
2009 (the “Entry Period”). See Rule 6 below for
more details about how the winner will be selected.
HOW TO ENTER: NO PURCHASE NECESSARY
- DOWNLOAD THE VIDEO
Download “The Great Antarctica”
video
- WRITE AN ORIGINAL SCORE
To participate in this Competition, entrants are required to create an original
score to accompany the Video (the “Score”). The entrant does not
have to score the opening or ending credits, but may do so at their option.
Entrants cannot edit the Video or add narration or dialogue. Entrants may
use or remove the audio currently on the Video and use sound design and sound effects
to enhance the Score.
The Score, including any sound design or effects added by Entrant therein, must
be an original work, created solely by the entrant, and over which the Entrant has
all necessary rights, title and interest, including copyright. The Score must
have been created specifically for this Competition, and have not been previously
published, publicly performed, or entered into, or received any awards in, any other
contest or competition. The Score must not infringe upon the intellectual
property rights of any third party, living or deceased. Sampling is permitted provided
that Entrant has secured any and all necessary rights, title and interest to such
samples and may be required to provide proof of same to the Competition Sponsor.
Each Entrant may submit no more than three (3) Entries. If participating collaboratively,
then all Entrants must be eligible as outlined in Rule 1 above, and each Entry on
which you collaborate will be counted as one of the permitted three (3) Entries,
whether submitted by you or by a collaborator. Exceeding the maximum number
of Entries may result in disqualification of the Entry and of any other collaborators
associated with that Entry.
- SUBMIT YOUR ENTRY
Once you have created your Score and the Score has been synchronized back to the
Video in either Windows Media Video (.WMV), AVI (windows), MOV (mac), .MP4 (ipod/psp), .MPEG, .FLV (adobe flash), .MKV (h.264) (“collectively,
the “Entry”) you must submit your Entry. To do so, you must upload your video to Youtube: http://www.youtube.com (you will have to have an account with youtube in order to do this). You may then
upload your Entry. Once you have uploaded your Entry, complete the
Entry Form . All fields on the Entry Form must be completed unless
indicated as optional.
In order to submit your Entry, you:
- must create/have an account on youtube.com
- must upload your Entry; (The title you select/create for your video as well as any data embedded or added to the video, must not easily identify who you are or what your real name is. This is done so that the judges are not biased when judging the videos. Failure to do so may be grounds for disqualification.);
- must
submit your Entry Form, accurately listing your name, username and name of your
Entry and link to your video to be judged; and may choose to give your Entry a description and keywords,
however Competition Sponsor reserves the right to edit or add to these.
If submitting multiple Entries, you must use only one (1) account and one (1) username
to participate in the Competition, and each Entry must have a unique title.
Your submission will only be complete once the Competition Sponsor receives both
your Entry and your Entry Form. Entries and Entry Forms must be received no
later than 11:59:59 PM ET on October 30, 2009. Proof of entry does not constitute
proof of receipt. Entries and Entry Form will only be accepted online. No
other means of transmission or delivery will be accepted. Late, garbled, incomplete
or misdirected Entries, or Entries that do not comply with these Official Competition
Rules, will be declared void and will be ineligible to win. The sole determinant
of time for the purposes of receipt of a valid entry in this Competition will be
the Competition server machine(s). All Entries shall be the sole property of the
Competition Sponsor and will not be returned. All Entries will be reviewed for compliance
with these Official Competition Rules before being judged; however, such review
does not relieve entrants from responsibility for compliance with these Official
Competition Rules.
If multiple individuals elect to collaborate on an Entry, they are required to designate
one (1) person as the representative of the group (the “Representative”)
to enter the Competition. Any communications relating to this Competition
will be directed solely to the Representative and, if declared a winner, the Prize
will be awarded solely to the Representative. Neither Competition Sponsor nor any
of the Released Parties (as defined below in Rule 8) are liable for any disputes
between collaborators on any Entry, including but not limited to distribution of
any applicable prizes. In the event of a dispute regarding the identity of an entrant,
the Entry will be deemed to have been made by the “authorized account holder”
of the email address associated with the username used to submit the Entry in
the Competition. The “authorized account holder” is the natural
person who is assigned to the email address by the Internet Service Provider, online
service provider or other organization that is responsible for assigning email addresses.
Notwithstanding the above, in the event that a winning Entry was created by collaborators,
the Representative may request in writing that all collaborators be credited with
composing the score, wherever such credits are listed which will be determined at
the sole discretion of the Competition Sponsor.
ENTRY CONDITIONS
Each Entry, must:
- Be an original work, created solely by the entrant (or collaborating entrants) registered
to enter the Competition, and over which the entrant(s) has all necessary rights,
title and interest, including copyright;
- Not infringe upon the intellectual
property rights of any third party, living or deceased;
- Be submitted in one of the following video file formats: Windows Media Video (.WMV), .AVI (windows), .MOV (mac), .MP4 (ipod/psp), .MPEG, .FLV (adobe flash), .MKV (h.264), and be no more than 1GB in size;
-
Comply with these Official Competition Rules, the Terms of Use,
Privacy Policy of NightingaleMusic.com,
and the Terms of Service,
Privacy Policy and Copyright Policy
of youtube.com;
- Have been created specifically for this Competition, and have
not been previously published, or entered into, or received any awards in, any other
contest or competition; and
- Be from an identifiable source. The entrant
must not create a false identity, or impersonate any person or entity, or falsely
state or otherwise misrepresent an affiliation with any person or entity.
Competition Sponsor reserves the right at any time, in its sole and absolute discretion,
to disqualify any entrant and to remove from, or to refuse to post, Entries
that it finds or believes not to comply with the conditions above or otherwise with
these Official Competition Rules, or finds in its opinion the Entry to be offensive
in any way and to pursue all other applicable rights and remedies.
By submitting an Entry, the entrant represents and warrants that he or she: (a)
owns and controls all right, title and interest, including copyright, in and to
the Score (excluding content provided by Competition Sponsor); (b) has the right
and authority to, and does hereby, grant to Competition Sponsor an irrevocable,
non-exclusive, royalty-free worldwide license in perpetuity to reproduce, broadcast,
exhibit, perform, communicate, distribute, adapt, modify, synchronize and otherwise
use all or any part of the Entry only in connection with this Competition in any
media, whether now existing or later invented, without further notice or compensation;
and (c) waives any and all moral rights that he/she may have in the Entry with respect
to the uses contemplated herein.
NOTE: No rights whatsoever in or to the Video are extended to the entrants
through their participation in this Competition, except for the limited license
to download the Video and to sync a Score to it, solely for the purposes of
entering this Competition. Entrants will not have the right to use the Video,
whether with or without the Score, for any further purposes apart from fulfilling
the entry requirements of this Competition.
By entering the Competition, entrants agree to release and hold harmless the Released
Parties (as defined below in Rule 8) from any
and all claims that any future composition in any media throughout the universe
subsequently produced, presented, written and/or recorded by the Competition Sponsor
and/or the members of the Judging Panel, infringes with regard to any elements contained
in your Entry.
THE PRIZES
- GRAND PRIZE: There is one (1) Grand Prize available to be won consisting of the
following:
- Two (2) Resolv A6 Monitors;
- One (1) Resolv 120a Sub; and
-
One (1) CL2 Pencil Condenser Mics.
Approximate retail value (“ARV”) : Nine hundred eighty
U.S. dollars ($980 USD).
- SECOND PLACE PRIZE: There is one (1) Second Place Prize available to be won consisting
of the following:
- One (1) KORG Nanokey;
- One (1) KORG Nanopad;
- One (1) KORG Nanokontrol;
-
One (1) KORG Nanokey-bk;
- One (1) KORG Nanopad-bk;
- One (1) KORG Nanokontrol-bk;
and
- One (1) VOX JAM-VOX.
ARV: Eight hundred sixty Canadian dollars ($860 CDN).
- THIRD PLACE PRIZE: There is one (1) Third Place Prize available to be won consisting
of the following:
- Nightingale Voice Box - Premier Edition
- Nightingale Voice Box
– Just Kids & Babies
- Nightingale Voice Box – Voice Drops
ARV : Five hundred dollars ($500 USD).
ARVs based on Manufacturer’s Suggested Retail Price (“MSRP”) as
of August 27, 2009. Prices may vary and dealers may sell for less. Prizes
are not transferable and must be accepted as awarded with no substitutions, whether
in cash or otherwise, except at Competition Sponsor’s sole discretion.
Sponsor reserves the right to substitute a prize of equivalent monetary value if
a prize, or any part of the prize, cannot be awarded as described for any reasons.
Prizes will only be delivered to the verified winners. Limit: One (1) prize
per person and per household.
Prizes will be sent to the winners on or before November 30, 2009. All taxes
and fees associated with the award or receipt of any prize including but not limited
to income and withholding taxes, Customs duties and other fees, are the sole responsibility
of the winner. Any expenses not specifically described above as included in
the prize will be the winner’s sole expense.
SELECTION PROCESS
All eligible Entries received will be reviewed by a panel of three (3) judges (the
“Judging Panel”), who are experts in music composition or working with
music in film and television. The Judging Panel will review the Entries according
to the criteria below to determine its score (the “Judges’ Score”).
The following criteria will be weighted equally:
- Originality;
- Creativity; and
- Effectiveness of writing Music to Picture
(collectively, the “Judging Criteria”).
The selected entrants will be notified by telephone and e-mail on or before November
15, 2009. If a selected entrant cannot be contacted within five (5) business
days of the first attempted notification, or fails to return the Release Form (described
below in Rule 8) or otherwise does not comply with these Official Competition Rules
the prize will be forfeited and may be awarded to an alternate entrant who will
be subject to disqualification in the same manner. Odds of being selected
as a winner will depend on the entrant’s skill in satisfying the above Judging
Criteria.
Winners will be announced online on www.NightingaleMusic.com on or about November
15, 2009.
TIES
In the event that there is a tie during the selection process, the judges shall
be asked to re-evaluate the tied entrants against the Judging Criteria above until
such time as any ties are broken.
RELEASES
Before being declared a winner, each selected entrant will be required to sign and
return to Competition Sponsor a Release Form, (a) confirming compliance with the
Official Competition Rules and, if declared a winner, acceptance of the any prize
as awarded, without substitution, and (b) releasing Competition Sponsor, its parent,
subsidiary and related companies, its advertising and promotional agencies, the
Judging Panel and each of their respective shareholders, directors, officers, employees,
agents, representatives, successors and assigns (collectively, the “Released
Parties”) from any liability in connection with the Competition and acceptance,
receipt, or use of any prize.
PRIVACY/PUBLICITY
By entering the Competition, entrants consent to the use of their personal information
by Competition Sponsor and its authorized agents for the purpose of administering
the Competition, awarding the prizes, and all related activities. By accepting
a prize, unless prohibited by law, winners consent to use by Competition Sponsor
of winner’s name, address (city/province, state or territory/country) photograph,
voice, appearance, interviews and statements in any publicity carried out by or
on behalf of the Competition Sponsor in any media, whether now existing or later
invented, including, but not limited to, the Internet, without further notice or
compensation. Winner further consents to disclosure of his/her name in association
with the Competition. Winners may be required to sign a document to this effect.
For more information about how Competition Sponsor manages your personal information,
see Competition Sponsor’s privacy policy
LIMITATIONS OF LIABILITY
Without limiting the generality of the Release Form described above in Rule 8, by
entering this Competition, entrant releases, discharges, indemnifies and agrees
to hold harmless Released Parties from any real or alleged claims, damages or liability
due to any injuries, damages or losses to any person or property resulting in whole
or in part, directly or indirectly, from participation in this Competition.
Released Parties will not be responsible for late, lost, corrupt, garbled, incomplete
or destroyed Entries and all such Entries are void. Released Parties will not be
liable for: (a) any incomplete or inaccurate information, whether caused by website
users or by any equipment or programming associated with or utilized in the Competition,
or by any technical or human error that may occur; (b) the theft, destruction or
unauthorized access to, or alteration of, Entries, Entry Forms or any relevant website;
(c) any problems with, or technical malfunctions of, telephone networks or lines,
computer systems, servers or providers, computer equipment, software, viruses, trojan
horses, worms, or bugs; (d) any failure of any electronic submission to be received
by or from Competition Sponsor for any reason including but not limited to traffic
congestion on the Internet or at any website or combination thereof; or (e) damage
to an entrant’s or other person’s system occasioned by participation
or downloading of materials in this Competition.
INDEMNIFICATION
By submitting an Entry, entrant agrees to indemnify and hold harmless the Competition
Sponsor, its respective parent, subsidiaries, affiliates, successors, licensees,
and assigns, and each of their directors, officers, agents, equity holders and employees,
and the Judging Panel, from and against any and all claims, losses, costs, damages,
liabilities and costs and expenses (including reasonable legal fees) which may arise
out of any breach of any of covenants, agreements, terms, obligations, representations
or warranties set forth herein.
RIGHT TO TERMINATE, MODIFY OR SUSPEND
The Competition Sponsor may at any time, at its sole discretion and without liability,
terminate, modify or suspend the Competition in whole or in part, if fraud, technical
failures including any network server or hardware failure, viruses, bugs, errors
in programming, or communications or any other errors or other causes corrupt the
administration, integrity or security of the Competition or if any other factor
interferes with the proper conduct of this Competition as contemplated by these
Official Competition Rules. Without restricting the generality of the foregoing,
in the event of early termination of the Competition, a notice will be posted online
and all eligible Entries received prior to the time of termination may be reviewed
by the Judging Panel to determine which eligible Entries will be eligible to win.
GENERAL
By entering the Competition, entrant agrees to be bound by these Official Competition
Rules and the decisions of the Judging Panel, and/or Competition Sponsor which are
final and binding in all respects related to this Competition. Entries become the
property of Competition Sponsor and will not be returned. This Competition is subject
to all applicable federal, provincial and municipal laws. Void where prohibited.
Competition Sponsor reserves the right at its sole discretion to disqualify any
individual who tampers or attempts to tamper with the entry process, the operation
of the Competition and/or any website relevant to this Competition, violates the
Official Competition Rules, or acts with intent to annoy, abuse, threaten or harass
any other person. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO
DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS COMPETITION OR UNDERMINE THE
LEGITIMATE OPERATION OF THE COMPETITION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS,
AND COMPETITION SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE
FULLEST EXTENT PERMITTED BY LAW.
COMPETITION SPONSOR
Nightingale Music Productions Inc.,
5460 Yonge St. Ste 1611
Toronto Canada M2N 6K7
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