Terms/conditions ‘The Sound of Eindhoven’

These terms and conditions apply to participation in the contest The Sound of Eindhoven. By entering this contest you accept these conditions.

Article 1 What is the purpose of the contest and who organizes it?

1.1 The contest The Sound of Eindhoven is an initiative of Stichting Eindhoven365 (hereinafter "Eindhoven365", " us" or "we"). We are a foundation dedicated to (in short) the promotion of Eindhoven.

1.2 We are launching this contest in the form of a campaign to increase the perception of the brand of Eindhoven and the pride of Eindhoven, but also to give a boost to the Eindhoven music scene due to the impact of the Covid-19 pandemic.

1.3 The goal of the contest is to choose what will be the sound of Eindhoven, in the form of music. This music can then be used by us to promote Eindhoven, in promotional videos about Eindhoven, etc. You can find more about this use in these terms and conditions.

Article 2 Where do I go with questions?

2.1 You can reach us at info@thesoundofeindhoven.nl. We are registered at the Chamber of Commerce (KVK) under number 64567249. Our postal address is Begijnenhof 4-6, 5611 EL Eindhoven.

Article 3 How can I participate?

3.1 To participate, you must sign up on the website www.thesoundofeindhoven.nl (the "website"). There you can fill in your data and link/reference to a demo track you have made and which you can upload on the website https://soundcloud.com. This demo track (hereinafter: "track") will consist of a sound recording of a performance by you - alone or with your band or group - of your "own" original written musical work with or without lyrics.

3.2 During the campaign or competition, the tracks of the artists and bands or groups participating in the contest will be embedded from Soundcloud. Visitors of the website can then vote for their favorite track for the audience award. The jury decides who deserves the jury prize with which track. More information can be found in our Guidelines.

3.3 If you are applying on behalf of a band or group, please get the permission of the other band members to apply for the contest as well. If you already have a contract with a record label or music publisher, you may also need their permission. You can check with your record label or music publisher. These conditions also apply to the band members and your record label or music publisher.

3.4 You can only apply if you are 16 years or older. If you haven't reached that age yet, you need permission from your parents.

3.5 Participation in the contest is strictly personal. Prizes are not transferable to others.

Article 4 What can I win?

4.1 Two winners will be chosen. The winner of the audience award and the winner of the jury prize. More information can be found in our Guidelines.

4.2 The track that our jury thinks is the best will be named 'The Eindhoven Anthem'. We will also arrange for the winner to record his or her track in a professional studio arranged by us. The winner can also count on a professional video shoot arranged by us for a music video for the winning track. The winner will also receive an amount of € 1,000--;

4.3 The winner of the audience award will also receive an amount of € 1,000.-- In addition, we will arrange for this winner to re-record his track in a professional studio arranged by us.

4.4 Both the winning tracks will be released by us on one vinyl record.

4.5 So it is also possible that you end up winning both prizes. In that case you will receive an amount of € 2,000. In that case, of course, only one recording session will be organized to record the remake of your winning track.

Article 5 When will I hear the results?

5.1 You will be notified by mail if you have been selected to participate in the competition. The results are expected in May.

5.2 There will be no correspondence about the result or the deliberation of the jury.

Article 6 What conditions must an entry meet?

6.1 Before you register, you should check carefully that the track is not subject to intellectual property rights or rights of others (e.g. copyright, neighboring rights, personality rights, right to privacy, etc.). You are only allowed to submit tracks to which other people's rights are attached if you have an official (demonstrable) license or official specific permission from the rightful owner(s), or if you are otherwise legally entitled to submit the track for the competition. For example, permission to use a 'sample' from someone else's recording, or permission of your band members who played on the track, or permission of the record label with whom you have an exclusive contract to make recordings only for that record label. To be clear, it must be an personally owned and originally created musical work with or without lyrics. So a submission of a cover or previously released music does not count.

6.2 You understand and agree that you alone are responsible for your submitted track, its Recording or snippets thereof, and the video clip, and for the consequences of posting or publishing them.

6.3 By submitting a track you declare and guarantee that the track submitted by you is in no way unlawful towards third parties and/or does not in any way infringe on any rights of third parties, including but not limited to intellectual property rights, copyrights, neighboring rights and personality rights. This statement and guarantee also applies to the Recording or snippets thereof and the video clip, should you be the winner of the website and re-record your submitted track.

6.4 You indemnify Eindhoven365 against any liability and resulting damage of any kind whether or not due to claims by others, including reasonable costs of legal assistance, as a result of the non-compliance with the guarantees referred to in these terms and conditions.

Article 7 What about the rights to my submission?

7.1 You retain all rights to the track you submit, therefore we do not become the owner of the track. We will use your submission primarily for the purpose of participating in the contest. This means that we embed the track on the website so there can be voted on the track.

7.2 The rights to your track will remain belonging to you. In order to promote the contest and the possibility to vote for your track, we will be able to use (snippets) of your track for the promotion of the contest and your participation in it. You therefore irrevocably agree that during the term of the contest we:

1. use (or let use) your track or snippets of it on the website thisiseindhoven.com and any (future) social media channel of EindhovenCity, TheVibeEindhoven, and TheSoundofEindhoven to promote your track and the competition. This includes Facebook, Instagram, Youtube, Twitter, LinkedIn, TikTok, Snapchat, Spotify (when making podcasts for example);
2. use (or let use) your track or snippets of it at events or unique occasions to promote the contest or your track;
3. remix your track or snippets thereof (or have them remixed) for promotional purposes of the contest or your track;
4. share your track, or snippets of it, with press and with social media content creators to write about it, vlog about it or use in other ways to promote or review the contest and your track. In doing so, we will make every effort to always have your (band) name, the name of composer(s) and any lyricist(s) and the original title of the music mentioned.

7.3 To enable the above use of your submitted track, you grant the following rights for the duration of the contest:

1. You hereby grant us irrevocable, unconditional and non-exclusive, sublicensable, royalty-free license to use all (future) rights (including all reproduction, editing, copying and related rights) to the notified track, to be exploited worldwide, all this in the context of the promotion of the competition and your participation therein, and to the extent that these rights are not held by collective management organizations such as Buma/Stemra, etc.;
2. You hereby grant us irrevocably and unconditionally the non-exclusive right to use your name, artist name, brand name, logos, portrait and biographical details, all in the context of the promotion of the contest and your track;
3. Because of our promotional activities, you waive any claim to personality rights, to the extent permitted by law, e.g. that you do not oppose the publication of the track or snippets thereof without attribution. Of course, we will always do our best to have your (band) name, the name of composer(s) and lyricist(s) (if any) and the original title of the music mentioned, but sometimes this is just not possible.

Article 8 What about my rights if I win the jury prize or audience award?

8.1 The winners of the jury and audience prize can re-record their track in a professional sound studio arranged by us. The rights to this new recording (hereinafter: "Recording") will belong to you, we will not become the owner thereof. Any proceeds from the commercial exploitation of the Recording will also belong to you.

8.2 The rights to the music video of the jury prize-winning track accrue to the winner. Any proceeds from the commercial exploitation of the music video shall also belong to the winner.

8.3 You therefore retain all rights to your track, the recording and the video clip. You understand and agree that we can use your track, the recording and the video clip (or have them used) for promoting Eindhoven, the campaign and the competition, etc. Where possible, we will always mention your (band) name, the name of the composer(s) and any lyricist(s) and the original title of the music. In connection with the foregoing, you irrevocably agree that for an indefinite period of time we can:

1. Use your track, your Recording or snippets thereof (or have them used) on the website thisiseindhoven.com and any (future) social media channel of EindhovenCity, TheVibeEindhoven and TheSoundofEindhoven to promote the city and the competition. This includes Facebook, Instagram, Youtube, Twitter, LinkedIn, TikTok, Snapchat, Spotify (when making podcasts for example);
2. Use your track or recording or snippets thereof (or have them used) at events or unique occasions to promote the city and the winning track. For example, showing video or having the track heard in any way in Eindhoven and all other forms of cooperation that are for the general benefit of promoting Eindhoven and the winning track;
3. remix your track or recording or snippets thereof (or have them remixed) for promotional purposes for Eindhoven and the winning track;
4. (if you win the jury prize) can (have) the video clip placed on Eindhovencity's YouTube channel and on Eindhovencity's own channels such as Instagram, YouTube and LinkedIn. The YouTube video will also be embedded on the websites thisiseindhoven.com and the campaign website thesoundofeindhoven.nl;
5. share your track, the Recording or snippets thereof and the video clip or any other visual material with the press and with social media content creators to write about it, vlog about or use it in other ways to promote or review Eindhoven and the winning track. In doing so, we will make every effort to always have your (band) name, the name of composer(s) and any lyricist(s) and the original title of the music mentioned.

8.4 To enable the foregoing use of your submission, the Recording and the video clip, you grant us the following rights:

1. You hereby grant us irrevocable and unconditional permission (if you win the jury and/or audience prize) to make a new Recording, snippets of the Recording and (if you win the jury prize) a music video of the winning track, to which recording session you (and your band members) will participate;
2. You hereby grant us irrevocable, unconditional and non-exclusive, sublicensable, royalty free license to use all (future) rights (including all reproduction, editing, copying and neighbouring rights on the submitted track, the Recording and the video clip) to exploit the track, the Recording and the video clip, worldwide and perpetually, all this in the context of the campaign and promotion of the Municipality of Eindhoven as mentioned in these terms and conditions and as far as these rights are not owned by collective management organizations such as Buma/Stemra etc. ;
3. You hereby grant us irrevocably and unconditionally the non-exclusive right to use your name, stage name, brand name, logos, portrait and biographical details, all in the context of the campaign and promotion of the Municipality of Eindhoven mentioned in these terms and conditions;
4. Because of our promotional activities with your track, Recording, snippets thereof and video clip, you waive any claim to personality rights, to the extent permitted by law. This means that you do not oppose, for example, to the publication of the Recording or snippets thereof without attribution. Of course, we will always endeavor to include your (band) name, the name of composer(s) and lyricist(s), and the original title of the music, but sometimes this is just not possible.

8.5 To be clear: if you are the author of the recorded music with or without lyrics and are affiliated with, for example, collective management organizations such as Buma/Stemra and Sena, you retain your right to the user fees to be collected and distributed by these organizations. We have no such claims. Nor do we claim any share of the exploitation proceeds that may be earned by making the Recording and the video clip available via platforms such as Spotify and YouTube, etc.

Article 9 Are there any other things I should think about regarding the "rights"?

9.1 If, due to agreements with other parties, you are prevented from giving effect to these terms and conditions, for example granting rights to the track etc., you warrant that you stipulate with these third party(ies) that you are permitted to grant the rights mentioned in these terms and conditions (also on behalf of third party(ies)).

9.2 Other formalities may be required, such as signing further license agreements or statements from band members etc. You declare and guarantee that you will unconditionally cooperate with Eindhoven365 at its first request to obtain or cooperate with these necessary formalities.

Article 10 What about liability?

10.1 The website is provided "as is". We cannot guarantee the availability of the website, the absence of errors or the accuracy of the information on the website. Apart from mandatory statutory provisions, we therefore accept no liability. In particular, we accept no liability for the tracks embedded on this website and/or the opinions, views or advice expressed therein.

10.2 Also, we accept no liability for the consequences of your choice to participate in the contest, including the submission of tracks, nor for the consequences of the (temporary) unavailability of the website. Separately, we are not liable for indirect or consequential damages, including (directly or indirectly suffered) loss of profits, the loss of goodwill or business reputation, or data loss etc.

10.3 The website contains links to other websites, including social media sites, and the Soundcloud.com website. We accept no liability for the content or operation of these third-party websites. For the terms and conditions of use of these websites, we would like to refer to the terms and conditions as they appear on these websites.

Article 11 Do any other conditions apply?

11.1 We use personal data in the context of the competition and on the website. For more information about that, please refer to the Privacy Statement.

11.2 If any provision in these terms and conditions conflicts with the Contest Rules, or texts on our website, the provisions in these terms and conditions shall prevail.

11.3 If your use of the website or participation in the contest violates these terms, we may choose to take action against you in a manner we deem appropriate. We always have the right without further notice to (permanently) block access to the website, remove files and/or links and exclude persons from participating in the contest.

11.4 If any provision of these terms and conditions should be declared void or unenforceable for any reason, this will not affect the rest of the terms and conditions. All other provisions will then continue to exist as usual.

11.5 From time to time, at our discretion, we may decide to make changes to the website or our services, and amend these terms and conditions.

11.6 If we make changes that are of essential importance to you, we will notify you on the website. By continuing to use the website and or participate in the contest after these changes, you accept these changes and the modified terms.

11.7 The conditions and all services on our website, including the competition, are governed exclusively by Dutch law. Any disputes arising from or related to these Terms and Conditions or the use of the website will initially be submitted exclusively to the Court of Oost-Brabant.