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The Weekly Brief February 8, 2012 - Indaba Music

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The Weekly Brief February 8, 2012

Add vocals to these instrumental tracks and you could get paid and applauded by the Indaba community.

Congrats to the selected users whose vocal additions to instrumentals crafted by their Indaba peers will earn them $50.00 and inclusion in the Indaba Music Licensing Catalog.

Rewards

Selected Tracks

Up to 10 selected tracks, chosen by the judges from all the submissions, will:

The Pitch

Add vocals to these instrumental tracks and you could get paid and applauded by the Indaba community.

The Judges

Opportunity Terms

THE WEEKLY BRIEF OPPORTUNITY OFFICIAL RULES

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE ENTRANT’S CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW.

ELIGIBILITY: This music creation opportunity (“Opportunity”) is operated and hosted by Indaba Media, LLC (“Operator”) on the Indaba Music Website, www.indabamusic.com (“Website”). The Opportunity is open to individuals who are 13 years of age or older at the time of entry and who are not presently signed to any record label or publisher under any exclusive agreements and/or other contractual arrangements which prohibit or might prohibit them from participating in any element of the Opportunity. Employees, contractors, directors and officers of Indaba Media or any of its affiliates, distributors, or web design, advertising and promotion agencies of any of the foregoing companies involved in the administration, development, and execution of the Opportunity and the immediate family members (i.e. spouse, parent, child, sibling, grandparent, and spouse or "step" of each) of each and those living in the same households of any of the foregoing companies (i.e. persons, whether related or not, who have lived in the same residence for at least three months during the twelve-month period preceding the start date of the Opportunity) are not eligible to participate in the Opportunity. VOID WHERE PROHIBITED BY LAW OR OTHERWISE.

The computer of the Operator is the official timekeeping device for the Opportunity.

ENTRY REQUIREMENTS. In order to enter the Opportunity entrants must register for a membership account with the Website. The Opportunity is open to Premium Members (Pro and Premium) and Basic members who have not exceeded their quota of keys required to enter locked Opportunity Marketplace programs (“Entrants”).

Follow the online instructions at http://www.indabamusic.com/account/signup to register. Valid Opportunity Entrants will submit recordings to the Opportunity (“Submissions”) for review and selection by the Operator. See the specific guideline for Submissions in the TO ENTER section below.

By entering a Submission in the Opportunity, Entrants hereby warrant and represent that the Submission conforms to the Opportunity Submission Requirements set forth herein (“Submission Requirements”). All Submissions must be in the following file formats: MP3, AIFF, WAV; and Submissions must meet the following requirements Submission Requirements, and failure to abide by the Submission Requirements is grounds for disqualification in Operator’s sole discretion:

Submissions must not contain material which is (or promoting activities which are) harmful, threatening, abusive, disparaging, harassing, vulgar, obscene, hateful, pornographic, or libelous or which has other inappropriate content, or is otherwise objectionable as determined by Operator in its sole discretion;

Submissions shall not defame, misrepresent or contain disparaging remarks about any persons, products or companies;

Submissions shall not contain materials which are not created entirely by Entrant or which are owned by others (other than specific audio assets or materials provided through the Website for the Opportunity by the Operator, and audio to which the Entrant owns a license to use commercially, such as a purchased sample pack); and Submissions shall not be in violation of any law.

BY ENTERING A SUBMISSION, ENTRANTS ACKNOWLEDGE THAT SUBMISSIONS MAY BE POSTED ON OPERATOR’S WEBSITE, IN OPERATOR’S DISCRETION. Operator reserves the right to, and may or may not, monitor/screen Submissions prior to posting them to the Website. Entrants acknowledge that Operator has no obligation to use or post any Submissions. By submitting a Submission, Entrants warrant and represent that: (a) the Submission is Entrant’s original work, (b) the Submission has not been previously published, (c) the Submission has not previously received awards, (d) the Submission does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) Entrant has obtained permission from any person whose name or voice is used in the Submission; and (f) exploitation, use, display or performance of the Submission via any form of media, will not infringe the rights of any third parties. Entrants shall indemnify and hold harmless Operator from any claims contrary to or in violation of these warranties and representations.

By entering the Opportunity, each Entrant agrees: (i) that Operator shall have no obligation (express or implied) to use any Submissions in any manner and Entrants shall not be entitled to any damages or other relief by reason of Operator's use or non-use of a Submissions; (ii) to be bound by these official rules; (iii) that Entrants may be contacted by Operator by email regarding the Opportunity; (iv) to indemnify and hold Operator harmless from any and all claims, demands, causes of action and judgments (including attorney’s fees, court costs and expert’s fees) arising out of or relating to any breach by Entrant of the terms and conditions of these rules, including any representations and warranties made herein. By entering the Opportunity, each Entrant agrees to sign and deliver to Operator such documents as Operator may reasonably require to effectuate the rights and obligations granted in these rules.

GENERAL TERMS: Entrants and Winners (as defined below) are solely responsible for the payment of any taxes on any respective prizes. No cash equivalent or substitution of any prize is offered, except at the sole discretion of the Operator. Prizes are non-transferable, and non-refundable. Any Winners will be notified by phone and/or e-mail and each Winner may be required to complete, sign and return an Affidavit of Eligibility and Liability/Publicity Release as a condition of being declared a Winner as applicable. Each Winner will also be required to send a copy of his/her passport, driver’s license, birth certificate or other official legal or government document, as proof of age and residency. If a Winner cannot be contacted within five (5) calendar days of first notification attempt; or if the prize notification is returned as undeliverable; or if a Winner rejects its prize; or in the event of noncompliance by a Winner with these Rules; or if the Affidavit of Eligibility and Publicity/Liability Release is not properly executed, then that Entrant shall be disqualified as a Winner, as applicable, and shall forfeit the applicable prize(s); in addition, an alternative Entrant may be selected as determined by the Operator from all remaining eligible Entrants to replace the disqualified Entrant. If a prize, or any portion thereof, cannot be awarded for any reason, such prize will be forfeited. By participating in the Opportunity, Entrants release Operator from any and all claims, damages or liabilities arising from or relating to such Entrant’s participation in the Opportunity, and agree to resolve any dispute individually, without resort to any class action. By accepting a prize in the Opportunity, the Winners agree that the Operator shall not be liable for any loss or injury resulting from participation in the Opportunity, acceptance or use of any prize, or any travel related thereto. Each Winner grants permission to Operator and those acting under its authority to use his/her name, photograph, voice and/or likeness, for advertising and/or publicity purposes, as well as the Submission in any and all media now known or hereinafter invented without territorial or time limitations and without compensation. If for any reason the Opportunity is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Opportunity, Operator reserves the right, in its sole discretion, to cancel, modify or terminate the Opportunity. The Opportunity is governed by the laws of the state of New York, U.S.A. By entering, Entrants consent to the jurisdiction and venue of the federal, state and local courts located in New York, New York, U.S.A. for the resolution of any disputes. Operator reserve the right, in its sole discretion, to substitute a comparable prize of like or greater value for any prize, or to pay Winners (as defined below) a cash equivalent (the value of which shall be determined by Operator in its sole discretion), for any reason.

LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Operator resulting from Entrants’ participation in or attempt to participate in the Opportunity or downloading any information in connection with participating in the Opportunity. No responsibility or liability is assumed by the Operator for technical problems or technical malfunction which may affect the operation of the Opportunity, including but not limited to any of the following occurrences: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent to or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Website, in whole or in part for any reason; traffic congestions on the Internet or the Website; unauthorized human or non-human intervention of the operation of the Opportunity, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Opportunity, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Opportunity. Operator is not responsible for any typographical errors in the announcement of prizes or these official rules, or any inaccurate or incorrect data contained on the Website. Use of the Website is at user’s own risk. Operator is not responsible for any personal injury or property damage or losses of any kind which may be sustained to Entrant’s or any other person's computer equipment resulting from participation in the Opportunity, use of the Website or the download of any information from the Website. Operator is not responsible for any attempt by an Entrant or other individual to deliberately damage or undermine the legitimate operation of the Opportunity, including but not limited to any fraudulent claims, which may be a violation of criminal and civil laws. Should such an attempt be made, Operator reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Operator’s failure to enforce any term of these Opportunity Rules shall not constitute a waiver of that provision. Persons engaging in any of the foregoing activities may be disqualified in Operator’s sole discretion.

TO ENTER: Opportunity Entrants must submit at least one (1) and no more than three (3) Submissions, which must be master recordings consisting entirely of original musical compositions created by the Entrant.

Entrants will upload their Submissions to http://www.indabamusic.com/opportunities/christies between February 8, 2012 and February 15, 2012 (“Opportunity Period”). The computer of the Operator is the official timekeeping device for the Opportunity.

GRANT OF RIGHTS: The Entrant shall share equal co-ownership of the copyright to their Submission with the copyright owner(s) of the instrumental backing track used in the Submission. By entering this Opportunity, each Entrant agrees, or shall irrevocably cause any of Entrant’s designees, licensees, assignees to agree: that if the Entrant is a Winner (as defined below) the Winner will enter their Submission into the Indaba Music Licensing Library located at http://www.indabamusic.com/opportunities/indaba-music-licensing, and agree to the terms of Indaba’s Licensing program. The Operator has the perpetual, gratis right to use the Entrant’s Submission and Entrant’s name and likeness in any and all media, now known or hereafter devised, in connection with promotion, publicity, marketing, advertising, and general business and commercial purposes for and by the Operator.

SELECTION OF WINNERS: The Operator and its designated appointees will, in its sole discretion, select up to ten (10) Submissions (the “Winners”) from all the Submission entries. The Winners will receive fifty USD ($50.00) each.

Entrants acknowledge that the Operator shall have no obligations, financial or otherwise, to the Winners, except for those explicitly set forth in these Official Rules. Entrants give the Operator the right to transmit the Winners’ personal identifying information to the Operator for the purposes of facilitating the award of the Opportunity prizes.

Other prizes may be determined at the discretion of the Operator and its designated appointees.

Entrants agree that the Operator has the sole right to decide all matters and disputes arising from the Opportunity and that all decisions of Operator are final and binding.

OPERATOR: Indaba Media, LLC, 268 Bowery, #3, New York, NY 10012

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