Pittsburgh Symphony Orchestra Concerto Competition Official Rules |
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NO PURCHASE NECESSARY 1. Eligibility: Pittsburgh Symphony Orchestra Concerto Competition (the “Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are the age of majority in their place of residence (eighteen (18) in most states; nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) and are not currently nor have ever been under artist management and who did not purchase any equipment for the purposesof entering this Contest. Employees of Pittsburgh Symphony Orchestra, ThisMoment Inc., ePrize, LLC, and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. 2. Sponsor: Pittsburgh Symphony Orchestra, 600 Penn Avenue, Pittsburgh, PA 15222. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069. 3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. 4. Timing: The Contest begins on February 9, 2012 at 1:00 p.m. Eastern Time ("ET"), ends on June 11, 2012 at 5:00 p.m. ET (the "Contest Period") and consists of four (4) phases as set forth in the chart below
Sponsor's computer is the official time-keeping device for the Contest. 5. How to Enter: During the Submission Phase, you can enter the promotion by visiting the Pittsburgh Symphony Orchestra channel on YouTube (see www.youtube.com/user/psoblogs) or through the Competition tab on the Pittsburgh Symphony Orchestra Facebook page (see www.facebook.com/PittsburghSymphonyOrchestra), or by visiting the Pittsburgh Symphony Web Site at www.pittsburghsymphony.org/competition. Follow the links and instructions to complete and submit the registration form, including your name and valid email address. Then, follow the directions to upload one (1) video of you playing up to a ten (10) minute portion of your solo performance on the piano, violin, cello, flute, oboe, clarinet, horn, trumpet, bassoon, or harp. The performance must be the work that you would perform in concert, if selected as the Grand Prize winner and you may not include any accompaniment. The work must be in the public domain and full orchestra music must be readily available for your chosen piece. The following is the list of public domain works for each instrument that will be accepted for the competition: PIANO: Your video will be hereafter referred to as your submission ("Submission"). By uploading your Submission, you agree that your Submission conforms to the Video Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Promotion if it believes that your Submission fails to conform to the Guidelines and Restrictions. If your Submission exceeds the time requirement, Sponsor will reject your Submission but allow you to resubmit a shortened version within a specified period. Sponsor will not allow resubmissions for violation of any other guideline. Video Guidelines:
The Submission cannot have been submitted previously in a promotion of any kind. Content Restrictions:
Limit: Each entrant may upload one (1) Submission during the Submission Phase. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. Uploading a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void. In the event of a dispute as to any Submission, the authorized account holder of the email address used to register will be deemed to be the entrant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder. 6. Winner Determination: Winners will be determined according to the process set forth below. a. Judging Phase – Determination of Semi-Finalists: During the Judging Phase, a panel of qualified judges determined by Sponsor in its sole discretion will select up to twenty (20) entrants with the highest-scoringSubmissions (the "Finalists") from among all eligible Submissions based on the following criteria (“Judging Criteria”): Style (25%); In the event of a tie, the entrant whose Submission received the highest score for Musicality, as determined by the qualified judges, in their sole discretion, will be deemed the applicable Finalist. Sponsor reserves the right to request and/or consider additional information about entrants to confirm that each would be an appropriate representative of Sponsor. Sponsor reserves the right to select fewer than twenty (20) Finalists, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions. b. Voting Phase – Determination of Finalists: During the Voting Phase, the Semi-Finalists' Submissions will be posted in an online gallery for public voting at www.pittsburghsymphony.org/competition or www.youtube.com/user/psoblogs. Persons who meet the eligibility criteria as set forth in Section 1 will be invited to vote for the Submission they believe is best. Limit: Each person may vote one (1) time per day during the Voting Phase. Multiple votes received from any person or email address in excess of the stated number will be void. Semi-Finalists are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Subject to the Semi-Finalists' compliance with these Official Rules, the four (4) Semi-Finalists whose Submissions receive the highest number of valid votes during the Voting Phase will be deemed the potential Finalists. In the event of a tie, the potential winning Finalist will be selected by the Pittsburgh Symphony Orchestra based upon the judging criteria listed above in Section 6 (a). Sponsor reserves the right, in its sole discretion, to select an alternate Finalist should the voting appear to have been tampered with or manipulated in any way. Finalists will be notified by email and once confirmed will be asked to come to the live audition on June 11, 2012. In order to proceed to the live audition, Finalists will be required to sign prize acceptance documentation as described below in Section 7. Finalists may also be requested to confirm consent to a background check. c. Live Audition – Determination of Grand Prize Winner: Confirmed Finalists will be asked to travel to Pittsburgh to perform their Submission piece for a panel of judges determined by Sponsor in its sole discretion on June 11, 2012. Finalists should be prepared to play the entire piece for the Judges. Sponsor, in its sole discretion, will provide the option to any Finalist who is not performing on piano to play with a piano accompaniment. The panel of qualified judges will select the highest-scoring Finalist (the "Grand Prize Winner") from among the eligible Finalists based upon the judging criteria listed above in Section 6 (a). Sponsor reserves the right to make its final determination based on review of additional information about Finalists to confirm that potential winner would be an appropriate representative of Sponsor. Sponsor reserves the right to not select a Grand Prize winner if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.
7. Winner Requirements: Sponsor will notify potential Finalists by email on or around May 3, 2012 and the Grand Prize winner by phone on or around June 12, 2012. Except where prohibited, each potential Finalist and Grand Prize winner (parent/legal guardian if a minor in his/her state of residence) will be required to sign and return a Declaration of Compliance, Liability and Publicity Release, which must be received by Sponsor within five (5) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner cannot be contacted, fails to execute and return the Declaration of Compliance, Liability and Publicity Release within the required time period, or does not comply with these Official Rules, potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion. Only three (3) alternate winners may be determined, after which the applicable prize will remain unawarded. Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Each winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each winner will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. 8. Prizes: ONE (1) GRAND PRIZE: $10,000 issued as a check to the winner, the opportunity to perform your solo piece with the Pittsburgh Symphony Orchestra on November 30, 2012 and December 2, 2012. Trip package includes round trip, coach-class air transportation for one (1) from a major airport near winner’s home (determined by Sponsor in its sole discretion) to Pittsburgh, PA; four or five (4 or 5) nights' accommodations (depending on distance to Pittsburgh, Pa) at a hotel determined by Sponsor in its sole discretion (single room, double occupancy). Winner will be required to participate in up to two (2) rehearsals. Winner must travel on the dates provided by Sponsor and perform at all rehearsals and performances scheduled by the Sponsor, or all aspects of the prize will be forfeited. Approximate Retail Value (“ARV”): $15,000 For All Prizes: If Grand Prize Winner or Finalist is traveling with a cello or harp, Sponsor will pay for an additional seat or otherwise assist in transport of the instrument. Trip must be booked at least twenty-one (21) days prior to departure. Travel must be round trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Contest, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsor air travel is not required due to winner’s proximity to prize location, ground transportation will be substituted for round trip air travel at Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. 9. Release: By receipt of any prize, winners agree to release and hold harmless the Sponsor, PPG Industries, Inc., The Bank of New York Mellon Corporation, Facebook, Inc., YouTube, LLC, Administrator and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize. 10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan. 14. Winner List: For a winner list, visit www.pittsburghsymphony.org/competition. The winner list will be posted after winner confirmation is complete. © 2012 ePrize, LLC. All rights reserved. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc. or YouTube, LLC. Participants are providing information to the Sponsor, Pittsburgh Symphony Orchestra, and not to Facebook, Inc. |