The promoter of the remix contest is Rundfunk Orchester und Chöre GmbH on behalf of the DeutschesSymphonie-Orchester Berlin (‘DSO Berlin’). SoundCloud functions simply as a platform; all correspondence must be addressed to DSO Berlin and not to SoundCloud.
2. Conditions of entry
(a) Persons under the age of 18 may not participate in the contest without the consent of their parent or legal guardian.
(b) Participation is restricted to individuals, no legal bodies may participate.
(c) Each participant may submit one remix; it should have a duration of between 1 and 12 minutes and incorporate at least two of the musical elements provided.
(d) No style restrictions apply.
3. Participants’ right to use the recordings
As the holder of the performers’ rights specified in sections 73 to 80 of the German Copyright Act (Urhebergesetz) in relation to the fourth movement of Anton Bruckner’s Fourth Symphony recorded by the DSO Berlin (‘the sound recording’), the DSO Berlin grants contest participants the right to adapt or rearrange the sound recording solely for the purposes of creating a remix to be submitted as a contest entry. Participants may not use or exploit the sound recording outside of the contest without the consent of the DSO Berlin.
4. Assignment of rights to the DSO Berlin
(a) In consenting to the terms and condition of the contest, each participant in the contest assigns to the DSO Berlin in relation to the remix the following exclusive worldwide rights of use:
(b) the right of reproduction and distribution, in other words, the right to reproduce the remix in any form and to distribute it any manner whatsoever;
(c) the broadcast, theatre, videogram and online rights, in other words, the right to make the remix or parts thereof available to the public in any known or as yet unknown form;
(d) the right of assignment, in other words, the right to license or assign to third parties the rights granted to the DSO Berlin here;
(e) the right of adaption, in other words, the right to adapt or otherwise rearrange the remix and the right to exploit an adaptation or rearrangement of the remix.
(f) The contest entrant declares that he is owner of all necessary rights in connection with the remix and agrees in the event of any claim being brought against the DSO Berlin to indemnify the DSO Berlin with regard to any damages payable and in relation to the costs of any legal proceedings including the costs of mounting an appropriate legal defence.
(a) Remixes with content that discriminates against minorities and remixes with anti-constitutional, pornographic and violent content will be excluded from the contest. In addition, remixes must not contravene SoundCloud’s guidelines.
(b) Persons employed by the DSO Berlin may not enter.
6. Entry period
Entries will be accepted from 00.00 hrs (Central European Time) on 1November 2015 to 23.59 hrs (Central European Time) on 31 January 2016.
7. Jury and prizes
(a) Award of the prizes is at the jury’s own discretion. The DSO Berlin has the exclusive right to appoint the jury. Deliberations of the jury will be held in private. The jury will take its decision by vote following an extensive discussion of the entries. The jury’s decision and assessment is final.
(b) Winners will be announced on the DSO Berlin’s website.
(c) Winners agree to the publication of their name and photograph.
(d) The DSO Berlin is offering the following prizes:
1st Prize: SONOS SMART SPEAKER System worth 1000 €
2nd Prize: SONOS SMART SPEAKER System worth 800 €
3rd and 4th Prize: Ableton Live 9 Suite
5fth Prize: Native Instruments Komplete 10 Software
(e) If a prize winner does not respond to the DSO Berlin within ten working days and cannot be contacted, the prize will be awarded to the next best placed entrant.
(f) Prizes are not transferable and cannot be exchanged for cash.
(g) Prizes will be sent by courier appropriately insured. Any additional shipping or customs charges must be borne by the prize winner.
8. Amendment to the terms and conditions of the contest
The DSO Berlin reserves the right to amend and modify the terms and conditions of the contest at any time.
9. Applicable law
This agreement is governed exclusively by German law.