BEYONDMUSIC

CONDITIONS OF PARTICIPATION BEYOND MUSIC PROJECT

The BEYOND MUSIC PROJECT ( “BEYOND MUSIC PROJECT” or “PROJECT”) is held by BEYOND MUSIC (“BEYOND”, “we”, “our”, “us”), a service provided by the BEYOND FOUNDATION.

These Conditions of Participation, together with our Terms of Use, Privacy Policy, Cookies Policy and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the “Agreement”) between you and BEYOND in relation to your participation in the PROJECT.

 

1. BEYOND MUSIC PROJECT

The BEYOND MUSIC PROJECT is aimed at musicians from around the world who enjoy cross-cultural exchange with other musicians and collaborative, cross-cultural music making.

The BEYOND MUSIC PROJECT invites musicians to find musical partners with different cultural backgrounds from all over the world and create compositions together as submissions.

The BEYOND MUSIC PROJECT seeks innovative, new music beyond borders.

The BEYOND MUSIC PROJECT unites cultures in the world through music to create cross-cultural understanding, awareness, dialogue and respect.

Through joining the platform and becoming engaged in the BEYOND MUSIC PROJECT, musicians make an active contribution to global understanding and their cross-cultural collaborations generate a sense of creative togetherness beyond borders.

The motto of the BEYOND MUSIC PROJECT will be defined by the Artistic Director and will be announced on the website.

 

2. Participation Requirements

The PROJECT is open to all musicians registered on BEYOND MUSIC (“Participants”) and will only be carried out online on BEYOND MUSIC.

For minors, the 13th birthday (completion of 13th year) is taken as the minimum age for participation. Minors under the age of 18 require a declaration of consent from their legal guardian or sole custodial parent which can be found at the end of the Terms of Use

The existence of a recording contract does not necessarily represent an obstacle to participation. However, by taking part in the PROJECT, Participants clearly state that there are no conflicting rights of third parties such as recording companies and publishers in relation to the submitted music as defined in the following provisions and that these third parties have been informed of this participation.

 

3. Submissions

At least two musicians from different cultural backgrounds must connect, collaborate, develop and submit an original piece of music to the PROJECT.

We are looking for creative collaborations and “new”, innovative music that reflects the PROJECT’s theme determined and announced by our Artistic Director.

The participants are free to choose the style of music and whether they create a purely vocal or instrumental piece. However, it is important that the piece of music is characterised by cross-cultural musical interaction.

After creating the cross-cultural composition, the ensemble must nominate one member as the “administrator” of the submission, who uploads the piece as the entry for the PROJECT. As the Administrator has to specify all members of the ensemble, the composition will appear in the profile of each ensemble member under “Music”. Each contributor must approve the submission and agree to these Conditions of Participation. After the approval and agreement of each contributor, submissions to the BEYOND MUSIC PROJECT are considered successfully submitted and cannot be deleted or withdrawn.

Any participating collaboration must provide a short text explaining why their piece of music is cross-cultural and give information about the title, instruments and/or vocals, genre and regional background of the composition.

Each ensemble of musicians may upload a maximum of three pieces for the PROJECT. However, if you are a member of more than one ensemble, you can enter three compositions for each ensemble. Therefore, please join different collaborations and submit different pieces of music to the BEYOND MUSIC PROJECT. We love to hear your musical versatility and creativity.

Music submitted to the BEYOND MUSIC PROJECT does not need to be professionally recorded and produced in a studio. Instead, feel free to leverage online digital audio workstations for your audio recording, music production, mixing and mastering. Many of these workstations are free to use.

The upload of the compositions is only possible during the submission phase. The time frame for the submission will be announced on the website.

The composition must be submitted in the form of an audio file. Eligible file formats are: audio/mpeg,
audio/x-m4a, audio/m4a, audio/ogg, audio/x-flac, audio/flac, audio/x-wav, audio/vnd.wav, audio/wav. This also includes WAVE (WAV), FLAC, OGG, MP2, and MP3.

The server upload limit is 50 MB.

Any lyrics in the musical piece must be attached in the original language as well as an English translation.

The compositions must not have been released for commercial exploitation through other platforms (e.g. iTunes) or made available on recording media prior to upload. After being submitted to the BEYOND MUSIC PROJECT, music pieces may not be exploited commercially on other platforms (e.g. iTunes) or sold on other recording media.

If the lyrics and/or music are not original compositions, the existing rights of third parties such as recording companies, music publishers and copyright collectives must be disclosed. By agreeing to the Conditions of Participation, the Participant expressly agrees that said participation has been cleared with rights holders and that these rights do not run counter to the Conditions of Participation in the BEYOND MUSIC PROJECT.

The authorship for the piece of music remains with the artist, BEYOND receives the complete usage rights for the piece (for scope, see Assignment of rights under Article 8, Usage rights).

 

4. Procedures

The BEYOND MUSIC PROJECT is composed of four stages:

1) SUBMISSION STAGE: In the first stage, BEYOND MUSIC Platform users will upload their collaborative works to the platform. The submission start date, deadline and ballot opening dates are announced on the website. Music submitted after the deadline will not be eligible for consideration.  

2) VOTING STAGE: Next, the Voting Stage will commence. During this phase, an online ballot will be available, and the greater public is invited to select the top tracks. Everyone has one vote per track every 24 hours; however, participants cannot vote for their own compositions. A top tracklist will be released at the end of the voting phase. The winner of the online voting will receives a prize, see Article 5, Prizes, for prize details.

3) THE FINAL SELECTION STAGE: The artistic director of BEYOND MUSIC will then nominate 10 musicians from all submissions, regardless of their ranking in the online voting, to contribute to the BEYOND MUSIC PROJECT album. With this, BEYOND MUSIC is seeking diversity and wanting to have a range of interesting artists from the BEYOND MUSIC PROJECT to take part in the recording sessions. To increase your chances to become one of the 10 chosen musicians, please join different collaborations and submit different pieces of music to the BEYOND MUSIC PROJECT. We want to experience your artistic versatility, musicality and passion for creativity.

The 10 chosen musicians will be informed by email. Any further correspondence about the BEYOND MUSIC PROJECT will be carried out exclusively on the website.

4) THE PRIZE PHASE: See Article 5, Prizes, for prize details.

 

5. Prizes

The 10 chosen musicians will be invited to participate in a workshop with the Artistic Director culminating in the recording sessions for the BEYOND MUSIC PROJECT album in a top studio, with flights, airport pickups, accommodations and catering included. Each artist will receive a payment of 2,000 USD for their contribution to the digital album, in addition to standard royalties from digital album sales. The digital album will be marketed and distributed by the BEYOND FOUNDATION.

Moreover, there is to be no cash equivalent, amendment or exchange of prizes offered in kind. BEYOND assumes no responsibility for physical or legal defects of the prizes offered in kind.

The city in which the recordings will take place will be announced on the website.

The winning team from online voting will receive the BEYOND PUBLIC AWARD, endowned with 4,000 USD.

 

6. Evaluation criteria

The Artistic Director selects the final musicians based on both objective and subjective musical and content-related criteria. The musical performance is rated according to musicality, vocal and/or instrumental performance and originality. In addition, the musical pieces from the chosen musicians should reflect the PROJECT’s theme as selected by the Artistic Director.

 

7. Inadmissible content

Entries that involve prejudice or stereotypes, both positive and negative, or that contain false historical facts will not be considered. Participation in the form of lyrics, photos and sound recordings that offend public decency or applicable law (in particular copyright, trademark, image or naming rights of third parties) will also be disallowed. In particular, lyrics, photos or sound recordings whose content may be potentially illegal, pornographic, hazardous to youth or racist, or that glorify violence or contain content that may infringe the personal rights of third parties, may not be published. Moreover, no photos may be uploaded that promote third parties, their products, services and/or trademarks.

Participants may report inadmissible content to BEYOND MUSIC by using the contact form or write to info@beyondmusic.org.

The exclusion, blocking or deletion of photos, lyrics or sound recordings is at the discretion of BEYOND and may be carried out without consulting the affected Participants should such photos, lyrics or sound recordings infringe these Conditions of Participation or statutory provisions or if such an infringement cannot be discounted. Any claims of the Participant relating to the exclusion, blocking or deletion of photo or audio material are explicitly excluded.

 

8. Copyright, usage, exploitation and reproduction rights (ancillary copyrights)

i) The Participant grants BEYOND usage rights to the submitted photos, lyrics and sound recordings, unrestricted with regard to time, territory and content, including rights to amend and to distribute. In particular, the sound recordings will form part of a music archive that will be maintained by BEYOND following the conclusion of the PROJECT. If a User deletes his/her account, the entire profile including all personal information, photos etc. will be deleted. However, submissions to the BEYOND MUSIC PROJECT where the user was a contributing artist, will not be deleted; they will remain in the archives of BEYOND. BEYOND has unlimited usage on the PROJECT submissions. The submissions will remain linked to the user’s name as contributing artist.

ii) The Participant warrants that he or she possesses all rights to the photos and sound recordings submitted and is also in possession of unrestricted exploitation rights. Further, the Participant warrants that the photos and sound recordings submitted are free from third-party claims and that the depiction of persons in the photos submitted does not represent an infringement of personal rights. Should one or more persons be clearly identifiable in a photo the persons so depicted must be in agreement with the publication of their image. The Participant must secure these declarations of agreement in writing.

iii) The Participant warrants that the work (musical pieces) made publicly accessible is free from third-party claims, particularly those of copyright and exploitation rights. The Participant further warrants he or she has right of free disposal over the material. In the event that the Participant is already under contract to third parties (recording companies, music publishers, copyright collectives), said Participant will disclose these relationships and is responsible for declaring his or her participation to rights holders and that these rights do not run counter to the rights granted to BEYOND under this agreement.

iv) By submitting the musical work, each member of the collaboration explicitly has to agree to the submission and the rights granted under these Conditions of Participation and the transmission of the musical piece and the assignment of rights. Each member of the collaboration warrants expressively that the performing music ensemble respectively members of the performing music ensemble are in possession of all rights to the musical work (composition/lyrics/music/arrangement/sound recordings) submitted (if subject to copyright regulations) and that he/she is also in possession of the respective exploitation rights. Moreover, on first request, the Participant will make available to BEYOND the documents that confirm the unrestricted right to undertake the assignment of rights. By participating, the Participant in particular warrants that BEYOND will not be infringing any personal rights by making public usage of the work under these Conditions (e.g. the right to one’s own likeness for persons depicted in pictures or videos) or other rights (such as trademark rights).

v) The Participant grants BEYOND the right, free of charge and unrestricted with regard to time and territory, for material arising from the PROJECT and the production and/or for the material submitted (including but not limited to sound and photographs) and any coverage of same (regardless of medium, including but not limited to print media, radio and television media, online and social media portals such as Facebook, YouTube, Vimeo, MySpace, Twitter, Instagram or other portals deemed appropriate by BEYOND.

vi) The Participant is aware and accepts that the usage of recordings of their person in social networks is subject to the conditions of usage of the relevant network and possibly also the data protection provisions of other countries.

vii) Moreover, the Participant grants BEYOND the relevant rights to use and make available text, photo and audio material for its online portal and for all other digital products, e.g. as teasers or for third parties – particularly for the purposes of voting. The transfer of rights also includes the right to prepare the work for broadcast, to abridge and in some cases to also pair the work with other works. Such processing will be carried out in consideration of the moral rights of the Participant.

viii) BEYOND also reserves the right to exploit, allow to be exploited, distribute or allow to be distributed the submitted musical pieces (as a whole or as a part), in which the final 10 musicians (Winners) have contributed, in audio or audio-visual form, on its own or through third parties, in analogue and/or digital sound, in image or audio-visual data carriers including platforms, in any format or process, commercial or non-commercial. By entering the PROJECT, the Winners explicitly offer his or her declaration of consent; the same applies to the transfer of rights according to the above conditions. Winners have no right to compensation for such usage.

ix) For all other submitted musical pieces, Participants may once again dispose of their rights (with the limitation of BEYOND’S rights of use pursuant to section 8 above) to their music pieces once the BEYOND MUSIC PROJECT is concluded.

x) The final 10 selected musicians of the PROJECT acknowledge that BEYOND may make sound, photo and video recordings during the workshop and recording sessions. They declare their irrevocable agreement to the usage, unrestricted with regard to content, time and territory, of such film and photo recordings (image and/or audio) on radio, television or the Internet. This agreement includes the publication, reproduction, distribution, transmission and public availability of recordings in television-on-demand on Internet platforms, unrestricted with regard to time and territory.

xi) The final 10 selected musicians of the PROJECT declare their agreement for recordings or production to also be made available to third parties through social networks (e.g. Facebook, YouTube). This encompasses the right to use extracts from the production for promotional purposes, including promotional measures for BEYOND in social networks. This expressly includes the promotion of recordings or production through contractual partners in social networks.

xii) Participants declare their express agreement that their photographs, addresses and other contact details may be given to third parties for the purposes of publicity work and concert management, and that photographs and names may appear in the publications and websites of BEYOND in the present and/or in the future, nationally and internationally.

xiii) BEYOND is under no general obligation to determine the accuracy of content provided by the Participants in their contributions.

 

9. Exemption from liability

The Participant warrants that BEYOND is exempt from any claims by third parties or will be compensated for any claims that relate to the usage of contributions where such third parties assert that the contributions infringe their personal rights, copyright or other immaterial rights. In particular, the Participant exempts BEYOND from all claims for compensation resulting from such claims, including reasonable costs for legal defence both in- or out-of-court. BEYOND is under no general obligation to determine the accuracy of content provided by the Participants in their contributions.

 

10. Cancellation of the PROJECT

BEYOND explicitly reserves the right to prematurely terminate the BEYOND MUSIC PROJECT at any time and without prior notice for substantial reasons or due to reasons beyond its control.

Such a reason may arise if the orderly execution of the PROJECT can no longer be guaranteed due to legal, technical or other reasons. Insofar as termination becomes necessary due to disruption caused by a Participant, BEYOND is entitled to assert claims for damages from said Participant.

 

11. Data protection

For participation in the PROJECT, it is essential that Participants register with an email address and a postal address. BEYOND gathers, processes, uses and saves the data supplied during registration for the purposes of carrying out, processing and evaluating the PROJECT and transfers this information to co-operation partners for these same purposes.

By entering the PROJECT, the Participant declares his or her agreement that the personal data supplied may be saved, managed and used by the promoter in the course of the PROJECT.

The registration data will not be used for third-party purposes without the express consent of Participants.

All personal data of Participants will be processed and used by BEYOND in agreement with statutory provisions and not for advertising purposes.

The promoter warrants that any personal data of the Participants will be saved and used solely the purposes of carrying out and processing the PROJECT.

 

12. Exclusion

Employees of BEYOND or companies associated with BEYOND as well as employees of participating co-operation partners are excluded from participating.

Also excluded are any persons who make use of unauthorised means or gain advantage through some other means of manipulation. In some of these cases, PROJECT winnings can be retrospectively revoked and claimed back.

Participants who provide false personal details can also be excluded.

For any infringement of these Conditions of Participation, BEYOND reserves the right to exclude persons from the PROJECT.

The exclusion, blocking or deletion of photos, lyrics and sound recordings is at the discretion of BEYOND and may occur without consulting the affected Participants should such photos, lyrics and sound recordings infringe these Conditions of Participation or statutory provisions or if such an infringement cannot be discounted. Any claims on BEYOND relating to the exclusion, blocking or deletion of text, photo or audio material are explicitly excluded.

 

13. Liability

In the event of damage to the Participant resulting from the actions of the promoter, BEYOND only accepts liability to the extent that this damage is caused by BEYOND wilfully or through gross negligence and only in the case of infringement of essential contractual obligation, i.e. an obligation whose fulfilment shapes the contract and on which the contract partner can and does regularly rely, and is restricted to typical contractual and foreseeable damage. Any other liability is excluded. This restriction does not apply to damage or injury to life, body or health or in cases of mandatory legal liability. Finally, any liability for collateral, indirect or consequential damage, for lost profits or for the claims of third parties on the Participant arising from the non-fulfilment or inadequate fulfilment of the Participant’s obligations is explicitly excluded.

BEYOND accepts no liability for disruptions not caused by BEYOND, particularly technical errors relating to Internet access which may prevent the timely submission of PROJECT entries.

However, the limitation of liability above also applies correspondingly to the benefit of the vicarious agents of the promoter.

 

14. Other

Participants will not receive an expense allowance or compensation for their participation in the PROJECT.

BEYOND reserves the right to suspend or to prematurely terminate or change the running order of the PROJECT at any time, insofar as technical reasons (e.g. computer virus, manipulation or errors in software/hardware) or legal reasons or reasons outside of its control make it impossible to ensure the PROJECT can be carried out in an orderly fashion. In such an event, Participants have no claims against BEYOND.

Should any of these conditions be or become invalid, the validity of the remaining conditions remains unaffected.

There is no legal recourse with regard to the execution of the PROJECT, particularly the decisions of the Artistic Director.

 

15. Applicable law and jurisdiction

The legal relationship between BEYOND and the Participant is exclusively subject to Swiss law. The sole place of jurisdiction is Zurich.

 

Last Amended: February 2018

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