1.1 The Be the Next GURU Contest is sponsored by GURU Recordings, and any and all of its decisions on all matters relating to this Contest will be final and binding. The Contest consists of a skill based competition in which prospective entrants who are at least the age of majority in the state and/or country in which the entrant resides or holder of a written parental authorization, as further described in Section 2 below.
1.2 By entering the Contest you agree that you have read and understood these Terms and Conditions and agree that you will be bound by them. These Terms and Conditions govern your relationship with The Be the Next GURU Contest, whose address is 23 rue Arago 93400 Saint-Ouen, FRANCE (“DOOD”). These Terms and Conditions and the terms of use of SoundCloud (http://SoundCloud.com/terms‐of‐use) form part of the rules of entering this Competition (the “Rules”). Entering the Contest, you agree that you have read, agree to and are bound by the Rules.
2.1 These Rules are separate from and different in certain ways to any agreement with SoundCloud or any other service provider which you may use to enter this Contest. To enter the Contest, you must submit an original track (the “Track”).
2.2 To enter the Contest, you will submit your original Track via the official competition webpage: http://gregoriklosman.com/index.php#competition and follow the instructions on the webpage. For any submission to be deemed complete, you must upload a private SoudCloud link on the website (http://gregoriklosman.com/index.php#competition), accept the Terms and Conditions of the Contest, as well as provide any requested contact information.
2.3 The Contest will run from 10:00:00 AM (French time) on Monday March 31, 2014 (the “Starting Date”) and continue through 00:01:00 AM (French time) on Tuesday April 29, 2014 (the “Closing Date”) (collectively the “Contest Period”). For the avoidance of doubt no entries will be counted before or after the Contest Period. At the end of the Contest Period, GURU Recordings will judge the Competitions and select 10 winners, as described more fully in Section 6 below. The potential winning of the prize, as more fully described in Section 6.2 below, is subject to verification, as set forth below. All Compositions must be uploaded by 00:01:00 AM (French time) on Tuesday April 29, 2014 . Entry is not complete until you have properly followed all the online prompts and instructions to upload your Track so that your Track submission is received and you have affirmatively accepted the Rules.
2.4 GURU Recordings (and its licensees, affiliates and assigns) reserves the right to cancel and/or extend the Contest or to the extent as may be necessary amend these Terms and Conditions without notice in the event of any and all circumstances outside its control, including without limitation, a major catastrophe, war, civil or military disturbance, strike, earthquake or any actual, anticipated or alleged breach of any applicable law or regulation or any other similar event. This applies in particular if the Contest cannot be executed properly due to technical or legal reasons. No liability shall attach to GURU recordings as a result thereof.
2.5 You may submit more than one Track in this Contest, however, any duplicate entries will be deleted and you will be disqualified from this Contest. Tracks that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion (including, without limitation, at GURU Recordings’ and/or any other entity's servers), are void and will not be accepted. Compositions that are not reasonably pertinent to the Competition, as determined by GURU Recordings in its sole discretion, or are otherwise in violation of these Rules will be disqualified. Any submission of any invalid Tracks will be immediately removed and excluded from the Contest.
2.6 All standard telephone, internet, network and data charges will apply (there is no additional charge to enter this Contest) and you must have the bill payer’s permission prior to entering the Contest. You will be solely responsible for all costs of making and submitting your Track.
2.7 Pursuant to Section 3 below, any Tracks will be the property of GURU Recordings or shall be deemed assigned and/or licensed to GURU Recordings on an exclusive, royalty‐ free (except where prohibited by applicable law), irrevocable basis (see Section 3 “Grant of Rights” below). GURU Recordings is under no obligation to make any use of any Track submitted. Notwithstanding the foregoing, GURU Recordings may use, edit and adapt the Track you supply in any manner or medium.
2.8 You warrant and represent that any Track you supply is your original creation, shall not have been exploited previously in any manner or medium, shall not be in the public domain, shall not contain any uncleared samples or interpolations, and shall not infringe upon or violate the rights of any person or entity, and that you shall be solely responsible for and shall pay all costs relating whatsoever to the creation of any such Track. You further warrant and represent that you have obtained all necessary rights with respect to creating and producing any Track, and that, you shall be solely responsible for obtaining any and all required licenses, permissions and consents from third parties, including any performers, in connection with the creation and supply of any Track.
2.9 The Contest winner will be obliged to present the computer session of the Track creation to GURU Recordings.
2.10 In the event multiple producers have produced the track, you warrant and represent you have all necessary rights and approval from the co-producers to submit the track and that a royalty split of the artists’-share has been agreed upon with all co-producers, prior to submitting the track to the GURU contest
2.11 In providing your Track for GURU Recordings' use you agree to comply with all the terms of your user agreement with SoundCloud or any other service provider used (“User Agreement”) and the terms of these Rules shall survive any termination by you, SoundCloud or such service provider of the User Agreement.
2.12 In the event of any inconsistency between these Rules and the User Agreement these Rules will have precedence.
2.13 ONLY ELIGIBLE CONTESTANTS MAY PARTICIPATE IN THE COMPETITION AND/ OR WIN THE PRIZE PACKAGE, AS DEFINED BELOW. GURU RECORDINGS EXPRESSLY RESERVES FOR ITSELF THE RIGHT TO DETERMINE THE ISSUE OF ELIGIBILITY AT ANY TIME (INCLUDING, WITHOUT LIMITATION, AFTER AN ENTRANT WAS EARLIER DEEMED ELIGIBLE).
3.1 In respect of the Track, GURU Recordings shall, subject to applicable laws, be the first owner of the entire copyright and all other rights in and to the products of your services hereunder and GURU Recordings shall have the absolute right to exploit the Track throughout the world, and you hereby grant to GURU Recordings all consents necessary to enable GURU Recordings to so exploit the Track without any payment or royalty to you (or any third party) of any nature (except where prohibited by applicable law) and, to the fullest extent permissible by applicable law, you waive any so called moral rights or similar rights you may have or acquire in connection herewith. To the extent that you acquire any copyright in or to the Track you hereby assign the same, including without limitation any and all respective exploitation rights, to GURU Recordings by way of present assignment of present and/or future copyright for the full duration thereof (including all extensions and renewals). For clarification, GURU Recordings will therefore own the Track and have the sole right to exploit it, including the right to amend the Track and transfer any and all rights in and to the Track, Amended or not.
3.2 In addition you hereby grant to GURU Recordings (and its licensees, affiliates and assigns), an irrevocable, perpetual, worldwide, exclusive, royalty‐free , fully paid up, license (and the right to sub‐ license such rights) to adapt, use, copy, transmit, display, broadcast, exploit, manipulate, make available or otherwise distribute, publicly perform, digitally perform and/or otherwise use any Track in any medium and in any manner now or hereafter known (including in conjunction with visual images and films) without any payment to you (or any third party) of any nature, except where prohibited by applicable law.
3.3 In relation to the Track or any GURU Recordings or Artist property, material, image or logo, you will not be able to exploit or use that Track in any way without the further written agreement of GURU Recordings and the Artist, other than by your entry of this Contest.
3.4 With respect to the Winning Track, as defined below, the Winner hereby assigns and grants GURU Recordings the right to sell and otherwise commercially exploit such Track, without any additional consideration or payment to you (or any third party) of any nature (except where prohibited by applicable law), in any medium and in any manner now or hereafter known, including without limitation videos, publicity, advertising, websites and/or on forthcoming releases of an album or single of Artist under Artist name, trademarks, trade names and labels. For the avoidance of doubt these Rules may not be revoked or otherwise terminated by you.
3.5 To the fullest extent permissible by applicable law, you hereby waive, and shall procure that any other person involved or performing in the Track waives, any so‐called moral rights or similar rights in connection with the Track and consents to the use of your performance(s) as provided by these Rules.
3.6 You will, at the request of GURU Recordings, execute any additional documentation reasonably required by GURU Recordings to further assure the grant of rights hereunder.
3.7 GURU Recordings may at its sole discretion opt not to use, without notice or reason, any Track that GURU Recordings believes is inappropriate or in breach of these Rules.
4.1 You represent and warrant to GURU Recordings that:
(a) each Track supplied by you does not and shall not violate the rights of any third party, including, but not limited to, copyrights, performer’s rights, moral rights, trademark rights and/or any other intellectual property rights; and
(b) each Track supplied by you is not false, deceptive, misleading, scandalous, indecent, criminally obscene, pornographic, unlawful, blasphemous, defamatory, libelous, fraudulent, tortuous, threatening, harassing, hateful, degrading, intimidating, or racially or ethnically offensive, or contains nudity, pornographic images, explicit sexual themes or graphic violence; and(c) no Track supplied by you contains any uncleared samples or interpolations.
(d) each Track supplied by you does not and shall not create any liability for GURU Recordings, its successors and assigns and/or any of their respective licensees; and
(e) each Track supplied by you does not contain a virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is harmful or invasive or may, or is intended to damage or hijack the operation of, or to monitor the use of, GURU Recordings or any hardware, software, or equipment; and
(f) each Track supplied by you does not contain any advertising, promotional material, or other form of solicitation or any non‐public information about a company; and
(g) each Track supplied by you is an original work by you and you have all necessary rights, licenses, consents and permissions to use, and to authorize GURU Recordings to use, any and all copyrights, performance rights or other intellectual property rights in and to the Track in order to use the Track as contemplated herein; and
(h) you have no right title or interest in any music or lyrics or arrangement within your Track thereof; and
(i) you have any and all necessary licenses and consents for any and all performances and copyright works recorded as part of a Track.
5.1 You agree to indemnify, defend and hold harmless GURU Recordings, its successors,
licensees and assigns and the licensors of each, and your respective, affiliates, vendors,
distributors from and against any and all claims, obligations, damages, losses, expenses, and
costs, including reasonable attorneys' fees, resulting from:
(a) any breach of these Rules;
(b) any use of a Track supplied by you or by any other person or third party under these
terms of use, including, but not limited to, any third party claim of infringement of a
copyright or other intellectual property right or invasion of privacy.
5.2 to the fullest extent permissible by applicable law, you irrevocably waive the right to assert any claim against GURU Recordings in relation to the use of your Track(s), including, but not limited to any claim arising from, copyright, performer’s rights, moral rights and trademarks. For avoidance of doubt, subject to applicable laws, you agree to waive any and all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including actual, consequential and punitive damages), arising out of or in any way connected with the use of your Track.
6.1 After the Contest Period a Track (the “Winning Track”) will be selected from all valid
entries, by the Grégori Klosman and GURU Recordings (collectively, the “Judges”), in their
sole discretion. The Judges’ decision is final. The person responsible for the such Winning
Track shall be deemed a Winner.
The Winning Track, subject to GURU Recordings’ sole discretion, may be featured on the
website and/or web channels (for example Facebook page) of GURU Recordings and/or the
Artist, and B GURU Recordings or the Artist may make further use of the Track, as set out in
the clauses herein. The Winner will be announced by GURU Recordings on or around May
15, 2014, by publication on the website. The Winner will further be contacted by email or
telephone directly by GURU Recordings to be notified that he has been chosen. GURU
Recordings will not notify unsuccessful entries. If you are the Winner, GURU Recordings will
request that you contact GURU Recordings to provide proof of identity, age and the
computer session.
If the Winner cannot be reached, or is found to be ineligible, or cannot or does not comply
with these Rules, such Winner will be disqualified. In addition, the Winner may be required
to provide us with proof that you are the authorized holder of the email account and
SoundCloud account associated with your entry. The Winner will also be required to provide
GURU Recordings with contact details of any person who helped you make, and or performs
on, our Track, and GURU Recordings shall be entitled to contact such persons to verify that
you have obtained their consent pursuant to these Terms and Conditions and/or you may
be required to provide GURU Recordings with evidence in writing that all such persons have
consented to these Terms and Conditions. If you do not promptly (within two (2) business
days of any request made by GURU Recordings) provide us with any of the information we
have requested under this paragraph, you may be disqualified from the Contest at the sole
discretion of GURU Recordings. The Prize Package, as defined below, will be forfeited with
respect to any selected Winner and will be awarded to an alternate Winner, in the successive
order that the Tracks are ranked by the Judges, upon the occurrence of any of the following:
(i) the failure of the Winner to redeem the Prize Package by June 13, 2014; (ii) the return of
a prize, prize notification or winner announcement email to Sponsor as non‐deliverable; or
(iii) the rejection of a prize by a Winner.
6.2 The Winning Track's producer selected by Guru Recordings will be offered the release of this Track on the Guru Recordings label and a meet and greet with Grégori Klosman in the Guru studio in Paris.
6.3 The Second Winning Track's producer will be offered a Samsung Galaxy Tab.
6.4 Any selected Winner(s) will receive a collective item from Guru Recordings.
6.5 GURU Recordings reserves the right to verify the eligibility of your Track. GURU
Recordings may request that the Winner contact GURU Recordings to confirm that he is the
winning entrant and/or to provide proof of identity, age, and the computer session. In case if
the Winner is underaged, GURU Recordings will required a written parental authorization to
participate in the Contest.
In the event of a dispute as to the identity of a Track, such Track will be deemed to have
been submitted by the authorized holder of the email account from which the Track was
submitted. You may be requested to provide GURU Recordings with proof that you are the
authorized holder of the email account associated with the winning Track.
6.6 In all cases GURU Recordings shall not be liable for email or SoundCloud notification that does not reach the Winner(s) for reasons beyond the reasonable control of GURU Recordings. GURU Recordings shall not be responsible for any costs or losses incurred directly or indirectly by the Winner(s) as a result of an incorrect email address or address or name given by the Winner(s).
6.7 Any Prize Package awarded does not, and will not, include any payment for expenses incurred in connection with the Competition including without limitation studio hire or equipment hire and costs.
6.8 In the event of a track being chosen that is produced by more than 1 producer (i.e. a collaboration), only the lead artist will be grated the won prize package.
6.9 The Winner(s) may be required, as a condition of being awarded the Prize, for no remuneration, to participate in promotional and publicity materials at the reasonable request of GURU Recordings and it shall be condition of being awarded the Prize the Winner(s) must consent and agree to do so. By submitting your Track in connection with this Contest, you grant to GURU Recordings, the right, except where prohibited by law, to use (i) any entry form information including without limitation your name, age, likeness and e‐mail address, and (ii) any approved biographical information, without compensation. Subject to applicable laws, you shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, e‐mail address, biographical information, or entry. The rights granted under this paragraph shall extend to GURU Recordings and its affiliated companies with respect to all entrants in the Contest, including the entrants who are selected as a Winner and those entrants who are not selected as a Winner. GURU Recordings is under no obligation to use any such materials or your Track for any purpose. For the sake of clarity, GURU Recordings may utilize your name, likeness and biographical information, and you expressly permit GURU Recordings (and its licensees, affiliates and assigns) to identify you as the contributor of your Track and the content of your Track to the Contest in any publication in any form, media or technology now known or later developed, unless you otherwise notify GURU Recordings in writing at the time you submit your Contest. Written notification can be sent to DOOD, GURU Recordings, Be the Next Guru Contest, 23 rue Arago 93400 Saint-Ouen FRANCE.
6.8 In the event that the Winner(s) does not, or is unable to, comply with and meet the Rules, GURU Recordings shall be entitled at its discretion to disqualify the Winner(s), without any further liability to them. No liability shall attach to GURU Recordings (and its licensees, affiliates and assigns) as a result thereof.
6.9 GURU Recordings (and its licensees, affiliates and assigns) accepts no responsibility for Track lost, damaged or delayed, or for any difficulty experienced in accessing or submitting your Track. Late, damaged, defaced, illegible, incomplete or suspected fraudulent Track will not be accepted. Proof of dispatch of the Track (whether electronic or postal) will not be accepted as proof of receipt by GURU Recordings. GURU Recordings is not responsible or liable for Track that are uploaded by other than human means (such as by an automated computer program or any non‐ human mechanism, entity, or device), or for Track that are illegible, late, forged, destroyed, lost, misdirected, tampered with, incomplete, deleted, damaged, garbled, altered, mutilated, destroyed, or otherwise not in compliance with these Rules, whether caused by any of the equipment or programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of Tracks in the Contest, or for failure to receive Tracks due to transmission failures or technical failures of any kind and such Tracks will be disqualified.