Friday, November 7, 2008

Celebrate/Collaborate with Yo-Yo Ma

Yo-yo Ma is inviting experienced musicians and amateurs alike to join him in pushing the boundaries of music creation by entering his contest, Celebrate & Collaborate.
Ma recorded the melody to "Dona Nobis Pacem” (Give Us Peace), on indabamusic.com, for users to download and collaborate with him. Indaba allows users to add a counter-melody to Yo-Yo’s part, or to record an entirely new set of their own variations. When done, users re-upload their final version and will then be entered into the contest, and featured on the Indaba page
Submissions are due by December 31 of this year, and your friends, enemies , and confidants can nominate you. Click on tell a friend when you submit your collaboration, and spread the word about your collaboration with Yo-Yo. Take a listen, to what other participants have done, and be part of the worldwide community of composers. Voting Starts December 31! First Place winner will record with Yo-Yo Ma in a special one-on-one collaboration!
The winner's rendition will also be featured on Yo-YoMa.com, Yo-Yo's MySpace page, and on Indaba Music.
The Top Ten winners as voted by the Indaba community, will each receive a signed copy of Songs of Joy & Peace.
You can listen to what current contest participants have already recorded, by clicking on their picture icons, down the left side of the Indaba page.
For inspiration, we've included a counter-melody recorded by Yo-Yo, as well as a variation from Chris Thile and Edgar Meyer. Check them out in the Source Files section to the right of the Indaba page). Also, the sheet music for Dona Nobis Pacem is also available to download.

“CELEBRATE AND COLLABORATE WITH YO-YO MA” CONTEST

1. Eligibility.
These Official Rules apply only to legal U.S. residents at least thirteen (13) years of age as of October 7, 2008 who reside in and who are physically located in the 50 United States (excluding its territories and possessions). By entering this Contest, entrants understand that they are competing against entrants from other territories outside of the 50 United States. Entrants from outside the 50 United States are subject to the official rules of the territory in which they reside. Employees, agents or officers of SONY BMG MUSIC ENTERTAINMENT (“Sponsor”), Indaba Media, LLC (“Indaba Music”) or of any entity involved in the development, production, implementation and distribution of the Celebrate and Collaborate with Yo-Yo Ma Contest (the “Contest”), including any advertising or promotion agency, supplier of prizes for the Contest, parent company, service provider, subsidiary or affiliate of any such entity or any other entity directly associated with the Contest or any member of the immediate family of and/or person living in the same household as such persons, are ineligible to enter the Contest. The Contest is void where restricted or prohibited by law.

2. Entries.
(a) To enter the Contest, log onto www.indabamusic.com/yo-yomacontest and follow the directions to enter between 12:00pm ET on October 7, 2008 and 11:59pam ET on December 31, 2008. In order to participate in this Contest, you are required to register at www.indabamusic.com and enter full name and email address. Entrants must complete the entry form by listing his/her name and email address. Entrants will be instructed to either a) download the available version of Yo-Yo Ma’s recording of “Dona Nobis Pacem”, record an instrumental duet of any kind with the recording and upload the duet to the Web page listed on the contest page at www.indabamusic.com/yo-yomacontest; or b) download the available sheet music and record an interpretation of “Dona Nobis Pacem” and upload the audio track to the Web page listed on the contest page at www.indabamusic.com/yo-yomacontest. Entrant must be the one performing the piece in the Entry. Entrant must upload the audio track to the Web page listed at www.indabamusic.com/yo-yomacontest. By entering the Contest, you hereby agree that participation in this Contest is subject to the Indaba Music standard terms and conditions found at www.indabamusic.com/corporate/tos and privacy policy found at www.indabamusic.com/corporate/privacy. To the extent there is a conflict between these Official Rules and the Indaba Music standard terms and conditions, these Official Rules shall govern.

(b) For purposes of these Official Rules, the “Dona Nobis Pacem” recording shall be defined as “Sponsor Content” and each Entrant’s original elements shall be referred to herein as the “Submission Materials”. Registered Indaba Music users will have the opportunity to view and vote for the Entrant’s audio recordings.

(c) Only one entry per person. If multiple entries are received for the same entrant, only the first entry submitted by that entrant will qualify for entry in the Contest and subsequent entries submitted by that entrant shall be disqualified. By entering, entrants agree to be bound by the decisions of the judges, Sponsor, Indaba Music and these Official Rules and to comply with all federal, state, and local laws and regulations. Sponsor, and those working for Sponsor or on behalf of Sponsor, will not be responsible for lost, late, misdirected, damaged, or postage due mail or e-mail, or for Internet, computer hardware and software, phone, and/or any other technical errors, malfunctions, and delays. Entries which are mutilated, incomplete, illegible, inaccurate, forged, irregular in any way, or otherwise not in compliance with these Official Rules are also void. In the event of a dispute concerning who submitted an entry, the entry will be deemed to have been submitted by the authorized holder of the e-mail account from which the entry is made. The "authorized account holder" is the natural person to whom an email address is assigned by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) responsible for assigning email addresses for the domain associated with the submitted email address.

(d) In addition, the Submission Materials may not contain references which are obscene, crude or vulgar, and/or which contain gang identification, references to commercial products, license plate numbers, phone numbers, personal addresses (physical or email), Web site URLs, derogatory characterizations of any ethnic, racial, sexual or religious groups, references to illegal or inappropriate activity, behavior or conduct, or any other references that could be considered inappropriate, unsuitable or offensive, as determined by Sponsor, in its sole discretion.

3. Our Right to Use Your Work and Information about You.
(a) Submission Materials become the property of Sponsor and will not be acknowledged or returned.

(b) With the exception of any Sponsor Content:

(i) you represent and warrant that: (A) all contents of Submission Materials are wholly original, have been created and performed entirely by Entrant, have not been taken in whole or in part from any source other than Entrant and do not incorporate or include anything that is owned by any third party or would require the consent of any third party; (B) you own and/or control 100% of all right, title and interest in and to the Submission Materials, as well as all elements contained therein; (C) the Submission Materials do not and shall not violate any law or the copyright, trademark, publicity right, privacy right, or any other right of any third party; and (D) the Submission Materials, or any part thereof, have not been commercially released; and

(ii) you agree that the Submission Materials shall be a "work made for hire," with all rights therein, including, without limitation, the exclusive copyright, being the property of Sponsor. In the event the Submission Materials are considered not to be a "work made for hire," you irrevocably assign to Sponsor all right, title, and interest in your entry (including, without limitation, the copyright) in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof, including, without limitation, for purposes of advertising or trade.

(c) You hereby hold Sponsor and Indaba Music harmless from and against any third party claim arising from use of the Submission Materials. You waive any right to privacy. You waive any right to inspect or approve uses of the Submission Materials or to be compensated for any such uses. You hereby represent and warrant that you and each person who is identifiable in the Submission Materials are at least 13 years of age and that you have read these Official Rules and are fully familiar with its contents.

(d) By providing Submission Materials in connection with this Contest, you grant to Sponsor, its affiliated companies, and Indaba Music the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), voice, biographical information, Submission Materials, entry form information and written and oral statements, for advertising and promotional purposes in promoting or publicizing the Submission Materials, Sponsor, Indaba Music and their products and services, without compensation unless required by law. 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, address (city and state), e-mail address, biographical information, or entry. The rights granted under this paragraph shall extend to Sponsor and its affiliated companies with respect to all entrants in the Contest, including the entrants who are selected as Winners and those entrants who are not selected as the Winners. Sponsor and Indaba Music are under no obligation to use the Submission Materials for any purpose.

(e) BY ENTERING THIS CONTEST, YOU REPRESENT AND WARRANT THAT: (I) ENTRANT EXPRESSLY AGREES TO ALL TERMS AND CONDITIONS SET FORTH IN THESE OFFICIAL RULES; (III) ENTRANT PROVIDES HIS/HER EXPRESS PERMISSION TO APPEAR IN THE SUBMISSION MATERIALS; AND (II) ENTRANT IS AWARE OF AND CONSENTS TO THE DISPLAY OF THE SUBMISSION MATERIALS ON INDABA MUSIC AS DESCRIBED HEREIN.

4. Selection of Winner / Prizes.
(a) Entries received between October 7, 2008 and December 31, 2008 will compete against each other for the Grand Prize (as defined below). Submissions will be posted on the Website during the Contest Period, thereby allowing consumers to vote for their favorite Submission based on the following criteria: originality (25%), creativity (25%), concept (25%), and musicality (25%), between January 1, 2009 at 12:01 pm EDT and January 10, 2009 11:59 am EDT ("Voting Period"). Limit one vote per email address per person. Any attempt by entrant and/or his/her family/friends to vote more than once by using multiple names or email address and/or any other fraudulent mechanism, as determined by Indaba Music in its sole discretion, shall give Indaba Music the right to disqualify entrant in its discretion. Voting nominates the top 10 entries (“Top 10”) for Grand Prize consideration. In the event of a tie, the final standings shall be determined by which entry received the score first. After the public Voting Period, Yo-Yo Ma will select one (1) winner from all the entries on the basis of the following criteria: originality (25%), creativity (25%), concept (25%), and musicality (25%). The winner of the final round shall be the entry which receives the highest overall score (such winner shall be the “Grand Prize Winner”). For clarity, Yo-Yo Ma, in his discretion will select a winner from all the Submission entries, regardless of their rank as determined by voting. In the event of a tie, the Grand Prize Winner shall be the entry which receives the highest score on originality. One Grand Prize Winner will be selected. For purposes of these Official Rules, the Top 10 and the Grand Prize Winner shall collectively be referred to as the “Winners”.

The Top 10 will be selected on or about January 14, 2009. The Grand Prize Winner will be selected on our about January 12, 2009. The decision of the judges shall be final and binding in all regards.

(b) The Winners will be notified by email, and each Winner (and parent or legal guardian if Winner is under 21) will be required to sign, have notarized and return an Affidavit of Eligibility and Publicity/Liability Release (and any other documents required by Sponsor), within five (5) calendar days of notification. Each Winner will also be required to send a copy of his/her passport, driver’s license or birth certificate as proof of age and residency. If a Winner cannot be contacted within five (5) calendar days of first notification attempt, if the prize notification is returned as undeliverable, if a Winner rejects the prize, in the event of noncompliance with these Rules, or if the Affidavit of Eligibility and Publicity/Liability Release is not properly executed, the prize will be forfeited and an alternative winner may be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given. The Affidavit of Eligibility and Publicity/Liability Release must be complete and must include the Winner’s social security or resident alien identification number. The information in Winner’s Affidavit of Eligibility must be correct and must be identical to the information provided in Winner's entry or the Winner will be disqualified.

(c) The Grand Prize Winner will receive the opportunity to record a musical piece with Yo-Yo Ma, as chosen by him. The estimated retail value of Grand Prize will be determined by Sponsor’s decision in the method of executing the recording. The Top 10 nominated by voting will each receive an autographed copy of Yo-Yo Ma’s CD Songs of Joy and Peace. In no event shall the total retail value of the Prizes exceed Four Thousand Five Hundred Dollars ($4,800.00).

NOTE: BY WINNING THIS CONTEST THERE IS NO GUARANTEE THAT THE SUBMISSION MATERIALS WILL BE USED BY SPONSOR, INDABA MUSIC OR OTHERWISE.

Other conditions and restrictions apply. Prizes are non-transferable. No substitutions or cash redemptions.

(c) By accepting the prizes, Winner releases and discharges Sponsor, Indaba Music, Yo-Yo Ma, Sound Postings, Inc, their respective affiliated companies and the respective parents, subsidiaries, affiliates, advertising and promotion agencies of each, and all their respective employees, officers, directors, representatives and agents from any liability or damage due in whole or in part to the award, acceptance, possession, use or misuse of any prize or from participation in this Contest. Sponsor reserves the right to substitute a comparable prize of like or greater value for any prize, or to pay Winner a cash equivalent (the value of which shall be determined by Sponsor in its sole discretion), for any reason.

(d) If, for reasons beyond the control of Sponsor or Indaba Music (including, but not limited to, tampering or computer virus infection), the Contest is not capable of running as originally planned, Sponsor, at its sole discretion, reserves the right to cancel or modify the Contest, without liability. If a sufficient number of eligible entries (as determined by Sponsor in its sole discretion) are not received by the end of the Contest period, Sponsor reserves the right not to award any or all prizes. All taxes (including, but not limited to, income taxes) are the sole responsibility of Winner. All entrants agree to comply fully with each provision in these Official Rules. Any person attempting to defraud or in any way tamper with this Contest and any person who does not comply with these Official Rules, will be ineligible for any prize and may be prosecuted to the full extent of the law.

5. Issues of Law.
ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS ARE APPLICABLE. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF NEW YORK SHALL EXCLUSIVELY GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS. THE CONTEST IS VOID WHERE RESTRICTED OR PROHIBITED BY LAW.

6. Your Release of Sponsor From Any and All Liability.
Entrants agree that Sponsor and Indaba Music shall not be liable for losses or injuries of any kind resulting from: (i) acceptance/possession and/or use/misuse of prize(s), (ii) participation in the Contest, (iii) individual, joint or collective technical malfunctions of the telephone network and/or transmission line, computer on-line system, computer dating mechanism, computer equipment, hardware and/or software, or (iv) any delay or distortion of an entry resulting from data transmissions that are garbled, incomplete, misdirected, lost, mutilated, delayed, corrupted, mechanically duplicated, illegible or otherwise not in compliance with these Official Rules. Entrants also agree that Sponsor and Indaba Music are not responsible or liable for any injury or damage to an entrant's or third person's computer related to or resulting from the Contest and/or its prizes. Sponsor and Indaba Music are not liable for damage to a user's computer system (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction) due, either directly or indirectly, to an entrant's participation in the Contest or downloading of information in connection with the Contest. Sponsor reserves the right to modify or cancel the Contest in the event that any portion of any website used to administer any aspect of the Contest becomes technically corrupted.

7. How to Get More Information
(a) To obtain the identity of the Winners, send a self-addressed, stamped envelope to: "Yo-Yo Ma Celebrate and Collaborate Contest” Sony Classical/Masterworks, 550 Madison Avenue, New York, NY 10022 by February 15, 2009.

The sponsor of this Contest is SONY BMG MUSIC ENTERTAINMENT, 550 Madison Ave, New York, NY 10022. Questions regarding the Contest can be directed by mail to "Yo-Yo Ma Celebrate and Collaborate Contest” Sony Classical/Masterworks, 550 Madison Avenue, New York, NY 10022.

(b) Copies of these Official Rules may be obtained by sending a self-addressed, stamped envelope to "Yo-Yo Ma Celebrate and Collaborate Contest” Official Rules, Sony Classical/Masterworks, 550 Madison Avenue, New York, NY 10022 (WA and VT residents may omit return postage.) Requests for Official Rules must be received by February 15, 2009. All times and dates in these Official Rules are Eastern Standard Time.

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