Audiodraft Ltd (Business ID: 2334208-9) ("Audiodraft") provides this website (www.Audiodraft.com) and associated services, including hosting of this Audio Sourcing Contest, as a service to its registered users ("User" or "You"), and any use thereof is subject to compliance with these Audio Sourcing Contest Rules and Your acceptance of the Audiodraft Terms of Service, as amended from time to time.
Audiodraft website www.Audiodraft.com features a platform for interactive audio creation, and it also enables parties wishing to license or acquire audio productions to set up a contest and commission an audio production from the Audiodraft community. The Audiodraft platform provides a collaboration tool for multi-user projects in which several users may participate in creating audio works online from elements contributed by users, and a Contest Holder can use Audiodraft to license or acquire an audio production from Audiodraft Users.
This Audio Sourcing Contest ("Contest") is commissioned by "WoodpeckerFilm" as the Contest Holder ("Contest Holder"), in these Audio Sourcing Contest Rules ("Rules"). A User submitting an audio work as an entry to the Contest is referred to as a Participant ("Participant"). The audio production submitted to the Contest by the Participant is referred to as a production ("Production"). For the purpose of commissioning audio productions using the Audiodraft platform, the term "Production" encompasses both the audio production's master sound recording and its underlying composition. Audiodraft is referred to as the contest provider ("Contest Provider").
Participant must be a registered user of the Audiodraft service hosted by the Contest Provider. The Production must be submitted to the Contest by using the Audiodraft service hosted by the Contest Provider.
Rights in a submitted Production: Participant shall retain any and all rights in and to the Production submitted by the Participant until becoming elected as the Contest Winner. Participant has right to submit updated versions of a Production during the Contest running time.
Rights in the winning Production: Participant retains all rights to winning Production, including but not limited to the right to market, exploit, distribute the winning Production, either the original or a modified form, during the license term, in any manner not contravening Contest Holder's purpose for licensing the winning Production.
Participant acknowledges and agrees that the Production, where submitted to the Contest, is at the sole responsibility of the Participant from whom such Production originated, and that the Participant is solely responsible for any Production uploaded, posted, transmitted, stored or otherwise made available through Participant's activity. Participant represents and warrants that the Production does not violate or infringe upon any common law or statutory rights of any third party, including without limitation, contractual rights, copyrights, and rights of privacy. Participant acknowledges and agrees that no other persons, parties or entities has or have any right, title, or interest, including copyright, in or to the Production.
Participant hereby agrees to indemnify and hold harmless Contest Provider and Contest Holder from and against any and all claims, damages, liabilities, costs and expenses, including legal expenses and reasonable counsel fees, arising out of any breach or alleged breach of Participant's warranty, representation or agreement, express or implied, made by Participant herein which results in a final non-appealable judgment by a court of competent jurisdiction or is settled with Participant's prior written consent, which consent shall neither be unreasonably withheld or delayed.
Participant hereby agrees to Contest Holder may use less than an entire Production, and may edit, loop, enhance, or modify the Production, provided that any such change shall not alter the fundamental character of the portion of the Production being used, and any such change shall not give rise to any ownership rights or claims, including copyright, on the part of the Contest Holder in or to the resulting modified Production.
Contest Holder may give to the Participant feedback about the Production during the Contest. Contest Holder may eliminate a Production from the Contest, should Contest Holder deem, at its sole discretion, that such Production is not eligible to the Contest.
Participant represents and warrants and agrees to cause that every party involved in making and performing of Production have agreed on participating in the Contest and that such parties are under no contractual or other constraints that might prejudice their participation in the Contest in compliance of these Rules.
Participant acknowledges that only non-members of any performance rights organization, mechanical licensing agency, copyright licensing society or any other organization with the purpose of licensing, collecting and distributing income from the performance and/or duplication of compositions ("Collection Society") are eligible to participate in the Contest. Examples of such Collection Societies include but are not limited to: ASCAP, The Harry Fox Agency, BMI, SESAC, BUMA, and TEOSTO. The Participant represents and warrants that he/she is not a member of any Collection Society, and that Participant has not signed to be represented by any music publisher which is currently a member of any Collection Society. Furthermore, Participant waives any and all mechanical license fees or royalties which otherwise may be payable as a result of duplication of the Production, and Participant waives any performance right fees or royalties otherwise payable as a result of any public performance of the Production.
Participating to the Contest is free of charge for Participant.
Contest Provider shall have the right to make copies of the Production and make the Production available to the public on web sites and commercials related to Contest Provider where actions by the Contest Provider are carried out solely for its marketing purposes.
Winner of the Contest (if any) will be chosen by the Contest Holder deem, at its sole discretion, and in consideration of the Contest prize (as specified on the Contest website) the Participant appointed as the Contest Winner, shall grant the Contest Holder the following license to use the Production ("License") (as specified on the Contest website):
A non-exclusive and worldwide right and license to use the Production, including but not limited to: to make reproductions of the Production, to couple and/or synchronize the Production, and to reproduce and make copies thereof, with visual images and to use the Production as so coupled or synchronized, or to use the Production on an audio-only or transcription basis, to distribute and publicly perform the Production over the internet or in connection with any other broadcast, transmission, public performance, exhibition or distribution means or media, or media product, mobile or fixed, now known or hereafter devised, including but not limited to broadcast and cable television, radio, motion pictures, internet and websites, as part of mobile applications, advertising, promotion, marketing, branding and/or any other use deemed fit by the Contest Holder. The license granted hereunder shall be valid for a term of one (1) year upon the Participant becoming elected as the Contest Winner by the Contest Holder.
The Participant and the Contest Holder both acknowledge and agree that no separate instrument, in addition to these Rules, by and between the above said parties shall be required to make the above said License become effective.
For any questions related to these Rules, please contact: