1. Entrants under the age of 18 years at the time of accepting these rules must obtain the consent of their legal representative.
2. The “Stiftung Berliner Philharmoniker“ (Berlin Philharmonic Foundation, hereinafter called BPF) reserves to ask the entrants to proof their age of consent/consent of their legal representative before electing the prizewinner.
II. Scope of entrants’ right of adaption
1. BPF owns the ancillary copyright according to §§ 73-80 German Copyright Act in and to the recording of Symphony No. 1, Gustav Mahler, (the “Recording”) performed by the Berliner Philharmonic. BPF grants to the entrants the right to adapt or to alter the recording provided by SBP only for the purpose of participating in the competition. The entrants are not entitled without BPF’s prior written consent to use or exploit, including but not limited to reproduce, distribute, make available to the public, to broadcast or to make perceptible by using a screen, loudspeaker or any other similar technical device, the Recording for other purposes. Any use to an extent allowed by German Copyright Act remains unaffected hereby such as reproductions made by a natural person for private use only.
2. Any adaption or other kind of alteration created for competition or non-competition purposes with regard to the Recording must not be published or exploited for non-competition purposes without BPF’s prior written consent.
III. Rights granted to BPF
1. Each entrant hereby grants, in the event that he or she wins the contest, to the BPF on an exclusive basis the following rights in and to his winning-remix worldwide and limited to a period of three years commencing on the date of announcement of the winner:
a) the right to reproduce the remix in all forms and types and configurations, including but not limited to reproduce the remix on all kinds of data mediums such as CD, BD, HD DVD, VMD, DVD and hard disk,
b) the right to distribute all kinds of the aforementioned copies,
c) the right to make the remix available to the public, including but not limited to publish the remix on the internet by streaming or as download,
d) the right to broadcast the remix in all media and by all broadcast technologies, including but not limited to radio broadcast-ing and television broadcasting,
e) the right to make the remix perceptible to the public by using film or sound carriers, including but not limited by using loud-speakers (§ 21 German Copyright Act),
f) the right to make activities by which the remix is broadcasted or made available to the public perceptible to the public by using screens, loudspeakers or similar technical devices (§§ 22 UrhG),
g) the right to sublicense or transfer the rights granted herein to third parties,
h) the right to adapt or alter the remix, including but not limited to abbreviate the remix, to synchronise it with motion pictures,
i) the right to use and exploit an adaption or alteration of the re-mix according to the rights granted herein in a – g.
2. Each entrant guarantees that he or she owns all rights in and to the remix as to enable him or her to grant the rights to BPF provided hereunder. Each entrant will indemnify and save BPF harmless from all loss and expense suffered or incurred by BPF arising out of any breach or alleged breach of any guaranties made by him or her hereunder.
1. The prizewinner will recieve the following prizes:
a) One year's subscription to the Digital Concert Hall of the Berliner Philharmoniker and a Pro Account for SoundCloud for one year
b) Public announcement and press on the website of the Berliner Philharmoniker
c) Publication of the winning entry on the website of the Berliner Philharmoniker
2. All entrants receive a free-48 hour ticket to the Digital Concert Hall of the Berliner Philharmoniker and will be notified as to the modus of logging in.
V. Governing Law
This agreement shall be interpreted in accordance with the Laws of Germany.