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New Birthday Song Contest OFFICIAL RULES

All submitted entries must be licensed to the general public under a Creative Commons Attribution 3.0 Unported (CC BY 3.0). These Official Rules ("Rules") govern your participation in the New Birthday Song Contest ("Contest"). Participation in the Contest constitutes your full and unconditional agreement to and acceptance of these Rules; so, it is important that you read and understand them.

1. Sponsors: The Contest is sponsored and run by the Free Music Archive and WFMU, owned and operated by Auricle Communications, a charitable corporation, headquartered at 43 Montgomery St Jersey City, NJ 07303, ph. 1-201-521-1416

2. Entry Period: The Contest's audio elements will go online at 10:00 a.m. ET on December 12, 2012. You may enter the Contest by uploading recording(s) of your song(s) and a completed New Birthday Song Contest Entry Form for each recording after 10:00 a.m. ET on December 12, 2012.

3. Who is Eligible? The Contest is offered only to natural persons older than thirteen (13) years of age as of the date of entry. Employees, independent contractors, officers, and directors of Sponsors, their respective shareholders, agents, representatives, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, and legal advisors ("Sponsors' parties"), and the immediate family members and persons living in the same household of such persons, are not eligible to participate in the Contest. Void where prohibited by law.

4. How to Enter: To enter, you must upload a recording of a song and a completed New Birthday Song Contest Entry Form for each recording that you upload using the submission tool found at http://freemusicarchive.org/music/Happy_Birthday_Song_Contest/The_New_Birthday_Song_Contest/. As set forth in the New Birthday Song Entry Form, entrants must provide names, email address(es), the title of the submitted song, a list identifying all source material incorporated in the song, and an acknowledgment of all entrants' agreement to these Rules and confirmation that their contributions are licensed under a Creative Commons Attribution 3.0 Unported (CC BY 3.0). Entrants are strongly encouraged (but not required) to register for the Free Music Archive and to include their Free Music Archive user names on the New Birthday Song Contest Entry Form.

Songs shall be original "Birthday Song" compositions and shall be comprised of music that you create yourself, and/or material that is in the public domain, and/or other material that you have express permission to use and license in accordance with Rule 5. Songs may NOT include copyrightable elements of the song, "Happy Birthday," or any other copyrighted work.

IF, IN CREATING YOUR SONG, YOU USE CONTENT THAT YOU ARE NOT AUTHORIZED TO USE, YOU ARE NOT ENTITLED TO ENTER THIS COMPETITION AND YOUR ENTRY WILL AUTOMATICALLY BE DISQUALIFIED BY THE SPONSORS AND NOT CONSIDERED BY THE JUDGES.

Submit your song by uploading it at http://freemusicarchive.org/music/Happy_Birthday_Song_Contest/The_New_Birthday_Song_Contest/ . after 10:00 a.m. ET on December 12, 2012 along with a completed New Birthday Song Contest Entry Form for each track you submit.

Any number of persons may enter with regard to an individual recording. However, each individual entrant MUST BE SPECIFICALLY IDENTIFIED on the New Birthday Song Entry Form in order to be eligible for a prize. Any person or group may enter as many times as desired, but each individual or group entrant is only eligible for one prize.

To be eligible for the prizes (described below in Rule7), an entrant or group of named entrants, must be the sole author(s), performer(s), and copyright owner(s) of the submitted recording(s) and song(s), or must have express permission (via license or otherwise) to use or incorporate those portions of the recording(s) and song(s) authored or owned by third parties and license the recording(s) and song(s) in accordance with these Rules. Entrants may not use any materials that infringe the rights of any third party (i.e., materials used without express permission of the copyright owner).

5. Format of Entries: Entries must be in the form of an audio recording and in MP3 format, stereo bitrate 192kbps or higher (256kbps preferred). All eligible entries must be received by email by 11:59 p.m. ET on January 13, 2013. Entries that are received after 11:59 p.m. ET on January 13, 2013, are not eligible. Sponsors are not responsible for late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible entries. Incomplete, illegible, or unintelligible entries are not eligible.

6. What others may do with your song(s): By submitting a track as part of the Contest, you agree to license that track to the rest of the world under a Creative Commons Attribution 3.0 Unported (CC BY 3.0).

Eligible entries may be made available to the general public for download on the Free Music Archive website (or elsewhere) under the Creative Commons Attribution 3.0 Unported (CC BY 3.0). Sponsors reserve the right to evaluate each entry's eligibility under the Rules as well as for compliance with the United States Copyright Act and any and all other applicable laws. Entries may be disqualified from the Contest at the discretion of the Sponsors.

By submitting an entry, you are representing and warranting that the content in your entry is authorized to be used by you, submitted to the Sponsor, and licensed to the general public under a Creative Commons Attribution 3.0 Unported (CC BY 3.0).

By submitting an entry, you also agree and acknowledge that you will receive no royalties from Sponsors, other contestants, or members of the general public who use your song, consistent with the terms of the Creative Commons Attribution 3.0 Unported (CC BY 3.0). You also acknowledge that it is usually not "reasonable to the medium or means … utilize[ed]" for attribution to be given in cases of public performance.

7. Prizes: Judges (described in Rule 8) will select three (3) ranked (first, second and third place) Curator's Award winners using the criteria outlined in Rule 8.

As a prize to the winners, WFMU Radio will create CDs of the 1st 2nd and 3rd place Curator's Award winners. The CDs will feature original artwork, and will include the winning contestant's full names, band names, and websites if desired.

Of the CDs, a share will distributed evenly a among the three (3) Curator's Award winners (about 30 per winner). Another share of CDs will be distributed by WFMU to parties who might want to use the new birthday song, including but not limited to major, minor and indie movie studios; restaurant chains; youth organizations; college radio stations; minor league sports stadiums; and music journalists and publications. The promotional CDs will be accompanied by a letter explaining the nature of the New Happy Birthday Song Contest, and encouraging the recipient to use the CD under the terms of Creative Commons Attribution 3.0 Unported (CC BY 3.0). Sending of the promotional CD does not, of course, guarantee the song will be used by any of the recipients.

All prize expenses and/or services not specified herein are not included and are the sole responsibility of the winner(s). No alternative prize, cash equivalent, or other substitution is permitted except by Sponsors, at Sponsors' sole discretion, in the event of prize unavailability. Prizes are nontransferable. All federal, provincial, state and/or local taxes are the sole responsibility of the winners.

8. Judges, Criteria and Notification: The official judging panel for the selection of the Curator's Award winner of the Contest shall be comprised of representatives from the Sponsors (collectively, the "Judges"). All qualified entries will be judged based on a variety of elements, including, but not limited to, originality, creativity, artistic merit, adherence to the "Birthday Song" theme, and general musical appeal. The application of the judging criteria shall be in the sole and absolute discretion of the Judges and/or the Sponsors.

All grading and voting decisions are final. Sponsors reserve the right to disqualify any entry that is, in Sponsors' sole and absolute discretion, inappropriate, offensive, or demeaning to Sponsors' reputation or goodwill, or contrary to Sponsors' mission or these Rules.

Once the evaluation of and voting on the entries has been completed, the Sponsors will notify the top winning entries for the Curator's Award via email and/or telephone using the contact information submitted by the entrants in the New Birthday Song Entry Form. If a winner fails to respond within fourteen (14) days of the date following Sponsors' effort to notify that winner, that winner will be disqualified and the entrant with the next highest scoring track in the same Award category will be selected as an alternate winner and notified according to this procedure.

Within twenty-one (21) days of the date of the notification, each winner must sign and return to the Sponsors a Publicity Consent & Liability Release Form as well as any other documentation required by Sponsors, which the Sponsors will provide to the winner shortly after notification. If a winner fails to sign and return a Publicity Consent & Liability Release Form and/or other documentation within twenty-one (21) days, the entrant with the next highest scoring track will be selected as an alternate winner and notified according to this procedure.

9. General Terms and Conditions: By participating, entrants agree that the Sponsors' parties are not responsible or liable for, and are released and held harmless from: (i) telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind; (ii) any condition caused by events beyond the control of Sponsors that may cause the Contest to be disrupted or corrupted; (iii) any printing or typographical errors in any materials associated with the Contest; (iv) any and all losses, damages, rights, claims and actions of any kind in connection with or resulting from participation in the Contest or acceptance of any prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy. Sponsors reserve the right, in their sole discretion, to suspend or cancel Contest at any time if a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the Contest. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, or the rights and obligations of participant and Sponsors in connection with the Contest, shall be governed by, and construed in accordance with the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New Jersey or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of New Jersey.

10.Winners List/Official Rules: For a copy of these Terms or the name of the Award-winning Participant, send a separate, stamped, self-addressed envelope to: WFMU Free Music Archive, New Birthday Song Contest, PO Box 2011, Jersey City, NJ 07303. Requests received after January 25, 2013, shall not be honored.

11.Privacy: By entering into this Contest you consent to the use of your name as set out in the Free Music Archive Privacy Policy available here regarding use of all material entered and/or submitted for this Contest or otherwise collected by the Free Music Archive site.

12.DMCA Compliance: Sponsors comply with the provisions of the Digital Millennium Copyright Act (DMCA). In compliance with the DMCA, a Designated Agent has been established with proper documentation sent to the United States Copyright Office. If you have a concern regarding the use of copyrighted material on the Free Music Archive site, which is hosted by Auricle Communications, please contact the agent designated to respond to reports alleging copyright infringement. The designated agent for Free Music Archive to receive notification of claimed infringement under Title II of the DMCA is:

Andrea Silenzi
complaints@freemusicarchive.org
43 Montgomery St
Jersey City, NJ 07303
Tel: 1-201-521-1416 x243
Fax: 1-201-521-1286

 


This contest is supported in part by an award from the National Endowment for the Arts.