YOUTUBE SYMPHONY ORCHESTRATHIS IS AN EXCITING PROJECT TO CREATE THE YOUTUBE SYMPHONY ORCHESTRA. YOU CAN PARTICIPATE BY SUBMITTING TWO VIDEOS, ONE OF WHICH WILL BE YOUR ENTRY INTO A COMPETITION TO WIN A CHANCE TO PERFORM AS PART OF THE YOUTUBE SYMPHONY ORCHESTRA ON OR ABOUT APRIL 15, 2009 IN NEW YORK (THE “LIVE EVENT”).
THE YOUTUBE SYMPHONY ORCHESTRA IS A COMPETITION OPEN TO ANYONE WHO IS:
(A) 14 YEARS OF AGE OR OLDER AS OF DECEMBER 1, 2008; AND
(B) WHO IS A REGISTERED USER OF THE YOUTUBE WEBSITE.
SEE RULE 3 FOR COMPLETE ELIGIBILITY DETAILS.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS COMPETITION. FINALISTS AND ALTERNATES ARE REQUIRED TO COMPLETE AND SUBMIT ENTRY DOCUMENTATION (AS MORE FULLY DESCRIBED BELOW) BY THE DUE DATES INDICATED. FAILURE TO DO SO MAY RESULT IN DISQUALIFICATION OF ENTRY.
NOTE: WINNERS WHO ARE NOT LOCATED IN THE COUNTRIES IN WHICH YOUTUBE IS LOCALIZED (SET FORTH IN RULE 11) WILL BE RESPONSIBLE FOR THEIR OWN TRAVEL TO A LOCALIZED COUNTRY IN ORDER TO TRAVEL TO NEW YORK AS A WINNER. INABILITY TO DO SO MAY RESULT IN DISQUALIFICATION AS A WINNER.
1. Competition Dates and Times: The YouTube Symphony Orchestra (“Competition”) begins December 1, 2008 at 12:00:01 AM Eastern Standard Time U.S. (“EST”), and ends on or about March 2, 2009 at 11:59:59 PM ET (“Competition Period”). The YouTube computer runs the official clock for the Competition. During the Competition Period there is a single open call for submission of Entries (as defined in Rule 4 below) (the “Open Call for Entries”) and two judging events which start and end on or about the dates and times noted below:
| EVENTS | STARTS at 12:00:01 AM EST on Dates Noted | ENDS at 11:59:59 PM EST on Dates Noted |
|---|---|---|
| OPEN CALL FOR ENTRIES | December 1, 2008 | January 28, 2009 |
| JUDGING TO SELECT FINALISTS AND ALTERNATES | January 29, 2009 | February 13, 2009 |
| REGISTERED USER VOTING PERIOD | February 14, 2009 | February 22, 2009 |
| Winners Announced On or About March 2, 2009 Note: All dates/times are Eastern Standard Time Zone - United States | ||
2. Competition Entities: YouTube, LLC, 901 Cherry Avenue, San Bruno, CA 94066 (“YouTube”); London Symphony Orchestra Limited, Barbican Centre, London EC2Y 8DS (“LSO” together with YouTube: the “Sponsors”); Marden-Kane, Inc., 36 Maple Place, Manhasset, NY 11030 (“Competition Administrator”). Sponsors and Competition Administrator collectively referred to as the “Competition Entities”.
3. Eligibility: Participation in this Competition is open to individuals who are 14 years of age or older as of December 1, 2008 and are registered users (“Registered Users”) of the YouTube website located at www.youtube.com (including all mirror, derivative sites and/or localized versions thereof, as applicable) (collectively, the “YouTube Site”). To become a Registered User of the YouTube Site, individuals must register for an account and agree to the YouTube Site’s “Terms of Use” set forth at http://www.youtube.com/t/terms (“Terms of Use”). There is no fee or charge to become a Registered User. An eligible minor should have his/her parent’s or legal guardian’s permission to enter.
Minors – Parents and Guardians: The parent or legal guardian of an Entrant under the age of majority in his/her jurisdiction of residence: (a) will ensure that the Entrant in respect of whom they agree to these Official Rules will comply with these Official Rules; and (b) warrant that the Entrant, is capable of agreeing these Official Rules and giving the consents contained herein. The parent or legal guardian of each such Entrant, agrees to indemnify the Released Parties (as defined below) for and against: (a) any claims made by the Entrant, his or her legal guardian, or any member of his or her family against the Released Parties in connection with the Competition; and (b) any losses (including any liability) caused by any conduct of the Entrant which is inconsistent with these Official Rules.
The Competition is not open to residents of Cuba, Iran, North Korea, Sudan, Myanmar/Burma, Syria, Zimbabwe and any other U.S. sanctioned country. Employees, officers, directors, agents, representatives and their immediate family members (which means parents, spouses, children, siblings, in-laws, grandparents and grandchildren) or residents in the same household (whether legally related or not) of the Competition Entities and their respective parents, affiliated and subsidiary companies, advertising and promotion agencies, legal and financial advisors, any and all other companies associated with this Competition, and any parties who:
(a) are represented under contract (e.g., by a talent agent or manager) that would limit or impair any of the Competition Entities’ ability to use the Entry (in any media form as further discussed below);
(b) have a contract that would make their appearance in the Entry a violation of any third party right(s);
(c) are under a merchandising agreement; or
(d) are under any other contractual relationship (including but not limited to guild and/or union memberships), that may prohibit them from participating fully in this Competition, or from allowing the Competition Entities to use, on a residual-free and royalty-free basis, the Entry worldwide in all media in perpetuity (except in France and Spain, for the duration of the rights);
are not eligible to enter or otherwise participate in this Competition.
4. How to Enter the Competition: Registered Users who wish to enter the Competition (each, an “Entrant”) must create and submit two (2) original and distinct videos, each no longer than five (5) minutes in length and which follow the technical, creative, and legal entry requirements set out in Rules 5 and 6, and elsewhere in these Official Competition Rules (an “Entry”). An Entry may be submitted anytime at the YouTube Symphony Orchestra site located at www.youtube.com/symphony (the “Competition Site”) during the Open Call for Entries (see Rule 1).
Limit one (1) Entry per Entrant. If an Entrant submits only one of the two required videos their Entry will not be eligible for further consideration in this Competition. If more than two videos are submitted by an Entrant during the Open Call for Entries, only the first two videos received (based on date and time uploaded to the YouTube Site) by that Entrant will be judged. Entries not submitted in accordance with the instructions provided on the Competition Site and these Official Rules may be disqualified, at the sole discretion of the Competition Entities.
As part of the registration process for participation in the Competition, potential Entrants will be required to click where indicated to signify that they have read, accept, and agree to be bound by these Official Rules and the terms hereunder, including but not limited to the releases of liability, including the decisions of the Competition Entities and the Judging Panel which are final and binding in all respects.
5. YouTube Symphony Orchestra Entry Requirements (collectively, “Entry Requirements”):
Video Requirements
The Entry must consist of:
Video 1: YouTube Symphony: This is your solo musical performance of a composition composed by Tan Dun specifically for the Competition.
Video 2: Public Domain: This is your solo musical performance of your choice of one of the public domain pieces of music specifically listed on the Competition Site.
Technical Requirements
Running time for each video: Maximum five (5) minutes each, including any credits. If the video is longer than five (5) minutes, only the initial five (5) minutes will be judged.
Language: No dialogue is required since we want to see your musical performance. Should dialogue be included and the Competition Administrator determines that the dialogue is inappropriate per the YouTube Terms of Use and Community Guidelines the Entry will not be eligible for any prize consideration and may be withdrawn from the Competition at any time at the sole discretion of the Competition Entities.
Entry must be delivered by uploading the Videos to the Competition Site formatted and encoded in accordance with the requirements listed on the YouTube Site.
Creative Requirements
Video 1: YouTube Symphony: requires the Entrant to download sheet music for their chosen instrument (e.g. violin part) from the YouTube Symphony Orchestra composed by Tan Dun and perform this selection. The sheet music for selected instruments will be available for download on the Competition Site.
Video 2: Public Domain: requires the Entrant to choose and perform a piece of public domain music from a list of approved compositions disclosed on the Competition website.
Entrant may use any musical instrument and must use the same musical instrument in both Video 1 and Video 2.
Musical performances must be performed solo (i.e., solo instrumental performance only without singing or additional instrumental accompaniment of any kind).
Entry may not include any person other than the Entrant.
6. Entry Terms: By entering, Entrants residing in countries where YouTube is localized agree to comply with YouTube’s Terms of Use ( www.youtube.com/t/terms inclusive of its Community Guidelines ( www.youtube.com/t/community_guidelines and Privacy Policy ( www.youtube.com/t/privacy specific to their localized version, all of which are incorporated by reference into these Official Rules. The United States version of said terms, guidelines, and policies will be in effect for Entrants not residing in a country with a localized version of the YouTube Site. By entering, regardless of country of entry, each Entrant represents and warrants that he or she has obtained all of the rights, licenses, and permissions in writing from any person who may have helped create the Entry (or from parent/legal guardian if any such person(s) is considered a minor in their country of residence); and that his or her Entry conforms to these Official Rules, and:
is the original work of the Entrant (except with respect to the limited license to the Tan Dun musical composition granted to the Entrant for the purposes of entry into this Competition only and the public domain composition contained in Video 2);
does not contain any thoughts, ideas, musical compositions, sound recordings, audio-visual works or other creative elements or intellectual property of a third party (except with respect to the limited license to the Tan Dun composition provided for entry, and except to the extent necessary to conform it to the style or manner of interpretation of the performance involved, it being understood and agreed that the arrangement made shall not change the basic melody, title, or fundamental character of the musical work in question);
has not previously been submitted in any competition and has not won an award or prize of any kind;
does not contain any use of the names, likenesses, photographs, or other identifying elements, in whole or in part, of any person, living, or dead without permission;
does not include trademarks, logos, or copyrighted material not owned by Entrant or used without permission (including but not limited to company names, music, photographs, works of art, or images published on or in websites, television, movies, or other media) or otherwise infringe or violate the rights of any third party, including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights;
is not subject to any third party agreement(s), and that the Competition Entities will not be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the idea or video or rights therein;
includes proof that any required permits from local authorities and other permissions have been obtained;
does not defame, misrepresent, or contain disparaging remarks or any other content which could adversely affect the name, reputation or goodwill of the Competition Entities or any other individuals and/or entities;
does not contain pornographic or sexual content, hateful content of any kind (including racism, sexism, etc.), content which promotes violence or harm to another living creature, or any other offensive, obscene or inappropriate content;
does not include threats of any kind or that intimidate, harass, or bully anyone;
does not violate any local, state, national or international law or post any content that would encourage or provide instructions for a criminal offense;
If the Competition Administrator determines in its sole discretion that an Entrant has breached a representation or warranty, the Entry will be disqualified.
The Competition Administrator will review all Entries received during the Open Call for Entries and will only post Entries on the Competition Site that conform to these Official Rules, as determined by the Competition Administrator in its sole discretion (“Eligible Entries”). Entries that do not comply with these Official Rules will be disqualified from the Competition and may not appear on the Competition website.
To the extent permitted by applicable law, neither the Competition Entities nor any of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, legal and financial advisors, any and all companies associated with this Competition inclusive of the following; Royal Concertgebouw Orchestra, Jacob Obrechtstraat 51, 1071 KJ Amsterdam, The Netherlands, Rotterdam Philharmonic Orchestra, Kruisstraat 2, 3012 CT Rotterdam, The Netherlands, Berlin Philharmonic, Berlin Phil Media GmbH, Herbert-von-Karajan-Strasse 1, 10785 Berlin, Hong Kong Philharmonic Orchestra, Level 8, Administrative Building, Hong Kong Culture Center, Tsimshatsui, Kowloon, Hong Kong, Seoul Philharmonic Orchestra, 81-3 Sejong-No, Chongno-Gu, Seoul 110-821, Korea, Sydney Symphony, Level 9/35 Pitt Street, Sydney, NSW 2000, Australia, San Francisco Symphony, Davies Symphony Hall, 201 Van Ness Ave., San Francisco, CA 94102, New York Philharmonic, Avery Fisher Hall, 10 Lincoln Center Plaza, New York, NY 10023-6970, MTT Inc, 888 7th Avenue, New York, NY 10106 and each of their respective officers, directors, shareholders, agents, licensees, licensors and employees, nor any Internet access providers (collectively “Released Parties”) are responsible for incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the Competition Site or the YouTube Site, for problems uploading any Entries or downloading any Competition-related materials from the YouTube Site, or for late, lost, damaged, misdirected, incorrect or incomplete Entries. For purposes of these Official Rules, receipt of Entry occurs when the YouTube Site’s servers successfully receive the uploaded video file and record the required Entry information. Any Entry/Entrant information collected during the Competition shall be used only in a manner consistent with the consent given by Entrants, at the time of entry, with these Official Rules (specifically including YouTube’s Privacy Policies referred to above).
7. Judging to Determine Finalists: All Entries received during the Open Call for Entries will be reviewed by a panel of representatives of the Competition Administrator to determine eligibility based on: (i) Entry Requirements; and (ii) the types of musical instruments needed to perform the Tan Dun composition as part of the Live Event. In addition, the Video 2: Public Domain submission of each eligible Entry will also be assessed and scored using the following creative criteria, all of which will be given equal weight, to determine Potential Finalists and Alternates.
A creative criteria score will be assigned to each Entry. The maximum number of creative points an Entry can earn is 100 points.
Interpretation of the public domain composition (20 points maximum)
Musicianship (20 points maximum)
Vitality of performance (20 points maximum)
Originality of performance (20 points maximum)
Evaluation of the performance as a whole (20 points maximum)
Collectively, the Entry Requirements, the types of musical instruments, and the above creative criteria shall, collectively, be considered the “Criteria” for purposes of these Official Rules.
Based on the above Criteria, the Competition Administrator will identify top scoring Entries which will next be reviewed by a panel of representatives from the London Symphony Orchestra and other musical organizations (the “Judging Panel”), who will then nominate the best Entries, using the above judging Criteria, in their discretion as professional musicians, of which the top two-hundred (200) will be known as the “Potential Finalists” and the remaining one-hundred (100) will be known as the “Potential Alternates”. The Competition Panel and Judging Panel’s decisions are final and binding in all matters relating to the Competition. The Video 1: YouTube Symphony Orchestra submission part of the Entry will not be scored with the creative criteria by the Competition Panel. If the Competition does not receive a sufficient number of eligible and qualified Entries, and/or if any Potential Finalist or Potential Alternate fails to return required paperwork by the stated due date (see Rule 8), Competition Administrator reserves the right to disqualify any Potential Finalist and post fewer than two hundred (200) Finalist Entries for the public vote or select a Potential Alternate to qualify as a Finalist, time permitting.
The Competition Administrator may select additional Entries that, although not Potential Finalist or Potential Alternates, have otherwise submitted an Eligible Entry and have scored highly in the creative criteria. Such Entrants may be passed to Michael Tilson Thomas, the independent creative director of the YouTube Symphony Orchestra, for review and consideration for a potential performance, other than with the YouTube Symphony Orchestra, at the Live Event. The awarding of such prize, if any, shall be at the sole discretion of the Competition Entities, and, if awarded, shall otherwise be subject to the terms and conditions of these Official Rules as a “Competition Winner”, including, without limitation, any requirements for completion of Releases and any travel requirements set forth in these Official Rules.
8. Potential Finalist/Potential Alternate Notification: The Potential Finalists and Potential Alternates will be notified of their selection via a message to their YouTube Site user account using the YouTube Messaging System and/or email on or about February 5, 2009 and will be required to sign and properly execute the following documents and return them via email or facsimile (and subsequently by mail to Competition Administrator (i.e., Marden-Kane Inc.) by 12PM (noon) EST February 12, 2009:
(1) an Affidavit (or, a Certificate or Declaration (as applicable)) of Eligibility and Publicity Release, unless prohibited by law;
(2) an Entrant Agreement and Release;
(3) such other and further agreements as may be required by the Sponsors;
(together, the “Releases”).
If any such Potential Finalist or Potential Alternate is a minor in his/her jurisdiction of residence, the Releases must be filled out and signed by Entrant’s parent or legal guardian (and, in addition, if the Potential Finalist/Potential Alternate is a minor in Spain, the Entrant’s parent or legal guardian will need to notify Public Prosecutor (“Ministerio Fiscal”) of the content of the Releases). If any Releases sent by any means to a Potential Finalist/Potential Alternate are returned as undeliverable or if a Potential Finalist or Potential Alternate fails to properly execute and return all Releases described herein within the time period noted, or if a Potential Finalist or Potential Alternate is found not to be eligible or not in compliance with these Official Rules, the Potential Finalist or Potential Alternate will be disqualified and, at the sole discretion of the Competition Administrator, the next highest scoring Entry will move up and the Entrant who submitted such eligible Entry will be notified, time permitting. Please note that the “Affidavit of Eligibility and Publicity Release” contains a consent to use Potential Finalists/Potential Alternates full names, likeness, city of residence, and photographs for promotional purposes and without additional compensation. For the avoidance of doubt, the refusal of such consent will not prevent Potential Finalists/Potential Alternates from receiving the prize).
In addition, each Entrant acknowledges and agrees that the Competition Entities reserve the right to disqualify any Potential Finalist or Potential Alternate at any time, in their sole discretion, on the basis of anything contained in or learned or obtained as a result of any submitted Releases or any other forms requested by the Sponsors that, in their sole opinion, would constitute a breach of these Official Rules.
9. User Voting: Up to two-hundred (200) cleared Finalist Entries (as determined in accordance with Rule 8 above) will be posted on the Competition Site for voting by Registered Users. Registered Users will have the opportunity to critically evaluate, using the creative criteria in Rule 7 above, and vote a maximum of once per video, per Day during the user voting period. (A “Day” is defined as a series of 24-hour periods beginning on February 14, 2009 at 12:00:01 AM ET and ending at 11:59:59 PM ET on February 22, 2009 (the “Registered User Voting Period”)). Subsequent votes in excess of stated maximum per voting day by a single Registered User will be disqualified.
Finalists are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by the Sponsors and/or Competition Administrator in their sole discretion. Use of these techniques, or of script, macro, or any automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void and, further, may lead to the disqualification of the applicable Finalist Entry.
10. Determining the Winners: At the conclusion of the Registered User Voting Period all Finalist Entries will be reviewed by Michael Tilson Thomas, the creative director of the YouTube Symphony Orchestra. Michael Tilson Thomas will score each Finalist’s Entry based on the Criteria and may in his sole discretion use the results of the YouTube user “Thumbs Up” vote as part of determining the final score per Finalist Entry. Upon verification of the results by the Sponsors, up to eighty (80) and possibly more Entries with the highest overall score will be referred to collectively as the “Competition Winners”. In the event of a tie for determining the Competition Winners, all tied Entries will be re-judged by an additional judge selected by the Sponsors and/or Competition Administrator which, using the Criteria, will break the tie. The Competition Winners’ respective Entries will be designated as such and featured on the Competition Site on or about March 2, 2009. Designation as a Finalist and/or a Competition Winner is subject to Entrant’s proof of compliance with these Official Rules, maintaining compliance with these Official Rules, being a Registered User and approval by the Sponsors.
11. Competition Winners. A total of up to eighty (80) prizes will be awarded. Depending on the number of eligible and qualified Entries received by Sponsors, they, in their sole discretion, reserve the right to award fewer or greater than the number of prizes disclosed.
Minors: If a Competition Winner is a minor in his/her state/country of residence, he/she must be accompanied by his/her parent or legal guardian who must execute and return a Travel Companion Liability Release, a Travel Companion Publicity Release (unless prohibited) collectively, the "Travel Companion Release Forms" prior to issuance of travel documents. Failure to return Travel Companion Release Forms in a timely manner may prevent potential Competition Winner and his/her parent or legal guardian from participating in the trip.
The Competition Winners will receive up to a six (6) day/five (5) night trip (length of trip dependent on country of origin and associated travel times at Sponsors’ discretion) for one to New York, NY and a chance to perform at the Live Event. The date, time, and location of the Live Event may be changed at the sole discretion of the Sponsors, and Competition Winners may be required to travel on fifteen (15) days or less notice. If a Competition Winner cannot travel during the travel dates that are selected by the Sponsors, then that Competition Winner shall be deemed to have forfeited their prize and an alternate Competition Winner may be chosen by the Judging Panel, in their sole discretion. Trip amenities include round-trip economy airfare for each Competition Winner from a major gateway city airport located in a localized jurisdiction to New York, NY (if any Winner lives within a one-hundred (100) mile radius of New York, NY, ground transportation may be provided at the Sponsors’ discretion); round-trip ground transportation in NY to hotel via private car/van/bus (airport–hotel–airport) (if a Competition Winner is not eligible for air transportation, round-trip airport-to-hotel transportation will not be provided); up to five (5) nights standard hotel accommodations of Sponsors' choice and round-trip ground transportation to rehearsals, related events and the Live Event. COMPETITION WINNERS FROM OUTSIDE THE UNITED STATES WHO DO NOT RESIDE IN A COUNTRY WHERE YOUTUBE IS CURRENTLY LOCALIZED WILL BE REQUIRED TO DEPART FROM AND RETURN TO AN AIRPORT IN A YOUTUBE LOCALIZED COUNTRY WHEN TRAVELLING TO THE UNITED STATES. FOR THE PURPOSE OF THIS COMPETITION, COUNTRIES IN WHICH YOUTUBE IS CURRENTLY LOCALIZED ARE AUSTRALIA, BRAZIL, CANADA, CZECH REPUBLIC, FRANCE, GERMANY, HONG KONG, INDIA, IRELAND, ISRAEL, ITALY, JAPAN, MEXICO, POLAND, RUSSIA, SOUTH KOREA, SWEDEN, NEW ZEALAND, SPAIN, THE NETHERLANDS, TAIWAN, AND THE UNITED KINGDOM). Any expense and any travel documents required for travel to/from a YouTube localized country is the responsibility of the Competition Winner as are all costs of a parent/guardian escort if winner is a minor in his/her country of residence. The aforementioned benefits and amenities to be provided to the Competition Winners do not include meals, incidentals, in-room charges, telephone calls, beverages, taxes, gratuities, or any other expenses not specified in these Official Rules and Release. All of the expenses mentioned in the immediately preceding sentence are the sole responsibility of each Competition Winner. Estimated total retail value of the benefits provided to each Competition Winner, in the aggregate, at the time these Official Rules and Release were published: US$4,300 (or US$8,600 if a parent/guardian escort is required). Actual retail value will be based on city of origin. Each Competition Winner will be required to supply his or her own musical instrument. Specific travel arrangements will be made by agent of Sponsors. Each Competition Winner from the United States will be issued a 1099 for the approximate retail value of his/her prize. Sponsors and agents of the Sponsors retain sole discretion for the selection of departing airport, destination airport, airline carrier, flight times and destination hotel. Sponsors are not liable for any expenses incurred as a consequence of flight cancellation/delay. Competition Winner and parent/guardian escort (if applicable) must travel on the same itinerary and are responsible for obtaining all required travel documents (e.g., acceptable photo ID, passport, visa, etc.) and any required (or optional) insurance (health, travel, etc.). The Prize will be forfeited if: (a) proper travel documents for any and all travel are unattainable for any reason within the time required by the Sponsors; (b) the Competition Winner did not have the unqualified right, at the time of being selected, to re-enter their country of origin after leaving the country; or (c) if any immigration or travel documentation complications arise which prohibit a Competition Winner and/or guest from entering the United States. In the latter event, the Competition Winner, parent or guardian as the case may be, will be solely responsible for arranging and paying for travel back to their point of origin. Each of the Competition Winners is solely responsible for determining and complying with all applicable international/domestic travel procedures and restrictions. The benefits and amenities to be provided to each Competition Winner are not transferable, assignable or redeemable for cash except at Sponsors' sole discretion in which case a prize of equal or greater value will be awarded. All federal, state, country or other tax liabilities are the responsibility of the Competition Winners. Competition Winners must comply with all hotel check-in requirements, including but not limited to the presentation of a major credit card. Specifics of this travel package are subject to availability and remain solely at discretion of the Sponsors. Complete terms and conditions of trip will be furnished with notification. Travel must be made through the Sponsors’ agent on a carrier of Sponsors’ choice. Reservations are subject to availability. Travel restrictions and blackout dates may apply. All details of any prize not specified herein shall be determined solely by the Sponsors. Contest Entities do not guarantee that each Competition Winner will be asked to perform the in the Live Event, and any actual performance shall at Contest Entities’ final and sole discretion.
12. Notification of Competition Winners: Prior to becoming Competition Winners, potential Competition Winners will be notified of their selection via a message to their YouTube Site user account using the YouTube Messaging System and/or email on or about February 24, 2009. The potential Competition Winners may be required to sign and properly execute additional documents related to participation in this Competition (e.g., travel releases for Competition Winner and guest) and return them via email or facsimile (and subsequently by mail) to Competition Administrator before awarding of prizes and becoming a Competition Winner. If any documents sent to the potential Competition Winners by any means are returned as undeliverable or if any potential Competition Winner fails to properly execute and return all documents described herein in the time noted, or if the potential Competition Winner is found not to be eligible or not in compliance with these Official Rules, the potential Competition Winner will be disqualified and the Judging Panel will determine who will be selected as the alternate Competition Winner based on the next highest scoring Entry, as determined by the Judging Panel, and upon final approval thereof. In the event that potential Competition Winner or Competition Winner is disqualified for any reason, Sponsors will award the prize to an alternate Entrant based on the Criteria detailed above even if the disqualified potential Competition Winner's or Competition Winner’s name or Entry may have been shown or announced online.
13. Ownership of Entry and/or Video/Grant of Rights: Entrant will retain ownership to his/her Entry subject to the version of the YouTube Terms of Use applicable to the Entrant based on country of residence. However, by entering the Competition, and to the extent allowed by law, Entrants grant the Competition Entities and their affiliates, licensees, promotional partners, developers and third party marketing entities a royalty-free license to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, dub, adapt, publish, exploit, and use the Entries themselves and the content of and elements embodied in the Entries, including any names, locations and likenesses, for the duration of the rights, in any and all media, including but not limited to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation. In the case where the Entrant is a minor in Spain, the above license must be granted by the Entrant’s parent or legal guardian, unless the minor is between 16 and 18 years old and lives independently in accordance with the provisions of Article 44 of the current Spanish Copyright Law. To the extent permitted by law, each Entrant waives and releases the Sponsors and their affiliates, licensees, promotional partners, developers, and third party marketing entities from any and all claims that each Entrant may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to Sponsors’ exploitation of Entries without further notification or compensation to Entrants of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsors and their affiliates, licensees, promotional partners, developers and third party marketing entities or any other person in connection with this Competition, on the grounds that any use of any Entry or any derivative works thereof, infringe or violate any rights of any Entrant and/or any participant therein. Entrants may be asked to submit their original video files. Failure to do so may result in disqualification.
14. Rights of Publicity: By entering the Competition, except where prohibited by law, each Entrant agrees that the Competition Entities and their respective affiliates, licensees, promotional partners, and third party marketing entities shall have the right and permission to use and announce the name, picture, voice, performance, biographical data, photograph, testimonial, or other likeness and/or prize information or personal exposition (and/or any edited portion thereof), and/or any information contained in his/her Entry for promotional, advertising, and/or publicity purposes in any media, now or hereafter known, throughout the world, for the duration of the rights, without compensation or notice to, or further consent of, the Competition Winners to the extent permitted by law. In the case where the Entrant is a minor in Spain, any of the above rights and permissions must be granted by the Entrant’s parent or legal guardian and notified to the Ministerio Fiscal
15. Limitations of Liability: Except where prohibited by law and to the extent that the negative consequences described below are the foreseeable result of matters within the Competition Entities' reasonable control and are the direct consequence of negligence or default by any of them, neither control the Competition Entities nor any of the Released Parties are responsible for any incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the YouTube Site, for the inability to upload or download any Competition-related materials from the YouTube Site, or for late, lost, damaged, misdirected, delayed, garbled, incorrect or incomplete Entries.
EACH ENTRANT ACCEPTS THE CONDITIONS STATED IN THESE OFFICIAL COMPETITION RULES, AGREES TO BE BOUND BY THE DECISIONS OF THE COMPETITION ENTITIES, WARRANTS THAT S/HE IS ELIGIBLE TO PARTICIPATE IN THIS COMPETITION, AND AGREES EXCEPT TO THE EXTENT THAT ANY PERSONAL INJURY OR DEATH IS CAUSED BY THE RELEASED PARTIES' NEGLIGENCE OR BREACH OF THESE OFFICIAL RULES AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THAT THE RELEASED PARTIES SHALL NOT BE RESPONSIBLE FOR ANY CLAIMS, LOSSES, LIABILITY, AND DAMAGES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), ASSERTED AGAINST ANY OF THEM, INCURRED, SUSTAINED, OR ARISING IN CONNECTION WITH THE USE, ACCEPTANCE, OR MISUSE OF ANY ENTRY MATERIAL, OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY COMPETITION-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY, OR FROM THE RESPECTIVE ENTRANT'S BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE COMPETITION, INCLUDING THESE OFFICIAL COMPETITION RULES. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE COMPETITION ENTITIES AND EACH OF THEIR LICENSEES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE REVIEW OF ANY ENTRY BY THE COMPETITION ADMINISTRATOR, EACH ENTRANT UNDERSTAND AND AGREES TO BEAR SOLE LIABILITY FOR THE CONTENTS OF HIS/HER ENTRY AND AGREES TO INDEMNIFY THE RELEASED PARTIES FOR ANY DAMAGES AND/OR COSTS INCURRED AS A RESULT OF A THIRD PARTY’S CLAIM OR DEMAND RELATING TO THE CONTENT OF HIS/HER ENTRY.
16. General Conditions: The Competition Entities’ and Judging Panels’ decisions are final and binding in all matters relating to this Competition, including interpretation and application of these Official Rules. The Competition Entities will not enter into any correspondence, including e-mail, with Entrants, except for Potential Finalists, Potential Alternates, and Parent/Legal Guardians of Minors being considered as Potential Finalist/Alternate, Competition Winners and other Entrants at Competition Entities’ sole discretion. In the event of a dispute as to the identity of an Entrant based on an e-mail address, the Entry in question may be disqualified subject to the Competition Entities’ sole discretion. The Competition Entities reserve the right, in their sole discretion, to disqualify any individual found tampering with the entry process or entry materials or otherwise interfering with the proper administration of the Competition or violating these Official Rules and void all associated Entries. The Competition Entities may cancel, modify, or suspend the Competition due to a force majeure event or any other event beyond the Competition Entities’ reasonable control. In the event of termination, Competition Administrator reserves the right, at its sole discretion, to determine the Finalists and/or Competition Winners from among all non-suspect, eligible Entries received up to time of such action using the judging procedure set forth herein. Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Competition Entities is not a confidential, fiduciary, exclusive or other special relationship, and that the Entrant’s decision to submit an Entry in connection with this Competition does not place the Competition Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entry, other than as set forth in these Official Rules.
17. Similar Ideas: Each Entrant understands and acknowledges that: i) Competition Entities have wide access to ideas, stories, designs, and other literary materials, and those new ideas are constantly being submitted to it or being developed by their own employees; ii) many ideas or stories may be competitive with, similar to, or identical to content in the Entry and/or each other in theme, idea, plot, format, or other respects; iii) Entrants will not be entitled to any compensation as a result of Competition Entities' use of any such similar or identical material that has or may come to Competition Entities, or any of them, from other sources. Except where prohibited by law, each Entrant acknowledges and agrees that the Competition Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the Entrant’s copyright in and to the submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of any Competition Entities' actual or alleged exploitation or use of any Entry or other material submitted in connection with the Competition, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek any injunctive or other equitable relief or in any way enjoin, otherwise interfere with, delay, or interrupt the production, distribution, exhibition, or other exploitation of any production based on, or allegedly based on, the Entry, and Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
18. Personal Data: Personal information collected from Entrants will be used in accordance with the YouTube Privacy Policy www.youtube.com/t/privacy and in addition as otherwise set out in these Official Rules for the purpose of administering this Competition Each Entrant expressly agrees to the use of his/her person information for such purpose. Sponsors will not sell, share or otherwise disclose information collected in any manner with third parties, other than those parties necessary to fulfill the above purposes, unless Entrant has given his prior express consent to receive additional information from Sponsors or a third party. Entrants have a right of access to, modification and withdrawal of their personal data. Entrants also have the right of opposition to the data collection, under certain circumstances. To exercise such right, an Entrant may write to Google Inc., Attn: YouTube Symphony, 1600 Amphitheatre Parkway, Mountain View, CA 94043. The data controller and data recipient is Google Inc., on behalf of its affiliate YouTube LLC 1600 Amphitheatre Parkway, Mountain View, CA 94043. Entrants’ data will be transferred outside the European Union.
19. Choice of Law: This Competition is governed by United States law and is subject to all applicable federal, state, and local laws. Any and all legal actions or claims arising in connection with this Competition must be brought in a court of competent jurisdiction in the County of Santa Clara, in the State of California.
20. Country Specific Notices: If any provision of these rules is invalid under the law, rules or regulations of a particular country, it will only apply to the extent permitted. In addition to the tax liability disclosures in these rules, Competition Winners are subject to abide by the income reporting and, if applicable, the payment of any taxes due per the laws, rules and regulations of the winners’ country of residence.
For Brazil: In the event a Competition Winner is from Brazil, a substitute prize of equal value may be offered in compliance with Brazilian law. Entrants in Brazil agree that they are not “customers”.
For Canada: For Quebec, Canada residents only, all legal requirements concerning the La Regie des Alcools des Courses et des Jeux shall apply. If a Competition Winner is from Canada he or she may be required in writing to assign any copyright to the applicable Competition Entity.
For Mexico: By entering the Competition, Entrants from Mexico hereby expressly agree and accept that for all that is related to the interpretation, performance and enforcement of this Official Rules, each of them expressly submit themselves to the laws of the United States of America and to the jurisdiction of the competent courts in the County of Santa Clara, in the State of California, United States of America, expressly waiving to any other jurisdiction that could correspond to them by virtue of their present or future domicile or by virtue of any other cause.
21. Competition Winners List: On or about March 2, 2009 the names of the Competition Winners will be posted on the Competition Site. In addition, to obtain this information you may also send a postcard with your return address clearly marked for receipt by April 30, 2009, to: YouTube Symphony Orchestra Winners List c/o Marden-Kane, 36 Maple Place, Manhasset, NY 11030 Attn: JV.
© 2009 Marden-Kane, Inc. All rights reserved. These Official Rules may not be copied, edited or used for any other purpose, commercial or otherwise without the express written consent of Marden-Kane, Inc.