2021 NPR Music Tiny Desk Contest – Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES, THE DISTRICT OF COLUMBIA, AND THE U.S. VIRGIN ISLANDS, AGE EIGHTEEN (18) OR OVER. VOID IN PUERTO RICO, ALL JURISDICTIONS OTHER THAN THOSE STATED ABOVE, AND WHERE PROHIBITED.
As of May 11, 2021, and through September 14, 2021, no Entrant (or member of an Entrant, if a group) may have a current recording contract or be bound by any obligations to any third party that would conflict with the rights, or interfere with the Sponsors’ exercise of the rights, granted herein in accordance with Section 9 of these Official Rules.
By submitting an entry, each Entrant (or member of an Entrant, if a group) represents and warrants that there are no limits on the rights of the Entrant (or member of an Entrant, if a group) to enter this Contest, nor will any Entrant (or member of an Entrant, if a group) enter into any agreement or assume any obligation that limits the right or ability of that Entrant (or member of that Entrant, if a group) to participate in the Contest, perform, or grant to Sponsors the specified rights as contemplated by Section 9 of these Official Rules. The Entrant (or all members of an Entrant, if a group) selected as the Grand Prize Winner must be available to perform in Washington, DC on a date to be determined by Sponsors. The exact date, itinerary, and method of travel will be determined by Sponsors in their sole discretion.
Each Entrant (or a member of the Entrant, if a group) must be the rightful owner of the e-mail address registered with the YouTube account used to log in and upload the Video (as described in Section 4, below). In the event of a dispute as to the identity of the Grand Prize Winner, the Grand Prize Winner will be deemed to be the natural person in whose name the e-mail account that uploaded the Video is registered with YouTube (or the group of which such natural person is a member). The “Authorized Account Holder” is defined as the natural person to whom the e-mail address is assigned by an internet service provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. In the event of a discrepancy between the identity of the Authorized Account Holder, the Grand Prize Winner, and the Entrant (or member of the Entrant, if a group), Sponsors reserve the right, in their sole discretion, to determine whether the entry is valid, or to declare the entry invalid and select an alternate Grand Prize Winner.
Entry constitutes each Entrant’s certification that the Entrant (or all members of an Entrant, if a group) meet the eligibility requirements set forth in these Official Rules. Sponsors reserve the right to verify and confirm each Entrant’s (and each member’s of an Entrant, if a group) age and compliance with other eligibility requirements. An Entrant (or member of an Entrant, if a group) may be required to submit further information to assist in the judges’ verification of eligibility. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Each Entrant or each member of an Entrant, if a group, must appear in the Video (as defined below) to be eligible to win a prize. Any individuals who do not appear in the Video, including without limitation, other musicians or managers, will not be eligible to win a prize.
HOW TO ENTER. To enter, an Entrant must submit a short video under ten (10) minutes in length, depicting that Entrant’s performance of a single, original song at a desk (any desk!) (the “Video”). The song must be “original,” as defined by copyright law, and the Entrant must own and control all composition and publishing rights in the music. The Video must be unique, meaning it must have been created for the sole purpose of entering this Contest and not have been previously published or posted online or entered into any other contest or competition (whether sponsored by Sponsors or any third party). Sponsors will deem ineligible any Video that was entered in any previous NPR Music Tiny Desk contest or any Video that contains a song that was in a video entered in any previous NPR Music Tiny Desk contest. Videos must comply with the following requirements:
To enter, an Entrant must upload an embeddable, publicly viewable Video to YouTube on or after 10:00 a.m. E.T. on May 4, 2021. Each Entrant (or a member of Entrant, if a group) will be required to sign-in to YouTube to post a Video; if an Entrant (or a member of an Entrant, if a group) does not already have a YouTube account, Entrant (or a member of Entrant, if a group) will be required to create one. After uploading a Video, an Entrant (or any member of an Entrant, if a group) must complete the submission form available at http://www.npr.org/tinydeskcontest (the “Submission Form”). On the Submission Form, each Entrant must provide: his or her name (or the name of all members of an Entrant, if a group); the name of the Entrant’s group, if applicable; the name of the songwriter or songwriters; a link to the Video hosted on YouTube; the music genre of the Video; an e-mail address and zip code for the Entrant; the name of the individual who recorded the Video, and an e-mail address to contact that individual; a certification that the Entrant (or all members of an Entrant, if a group) meet the eligibility requirements stated in Section 3 above and agree to the terms of these Official Rules; and a certification that the videographer has granted Sponsors an unlimited and irrevocable right and license to use the Video on a gratis, royalty-free basis in any media and in any manner, for any purpose, including the right to mix the Video with other videos or elements, or to make derivative works.
All Submission Forms must be received during the Submission Period between 10:00 a.m. E.T. on May 11, 2021, and 11:59 p.m. E.T. on June 7, 2021. Sponsors' clock is the official timekeeping device for the Contest. Sponsors are not responsible for late or unsuccessful attempts to enter. An Entrant should be able to provide, within three (3) days of request by Sponsors or any judges selected by Sponsors, all appropriate clearances, permissions, and releases for the Video to be made publicly available and used by Sponsors in any media and for any purpose, including signed releases from the Entrant, the videographer, and any third parties appearing in the Video. Incomplete, corrupted, untimely, or unintelligible Videos or Submission Forms will be disqualified. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, such Entrant’s sole remedy is another entry in the Contest to the extent the submission of an additional entry is deemed feasible by Sponsors in their sole discretion. Sponsors reserve the right to determine, in their sole discretion, which entries have satisfied the entry requirements. An Entrant may only submit one entry. AN ELIGIBLE ENTRANT MUST SUBMIT AN ENTRY IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.
By entering, each Entrant represents and warrants that such Entrant’s entry (and Sponsors’ and their designees’ use thereof) does not and will not defame or otherwise violate the rights of any third party, and does not and will not violate any federal, state, or local laws or ordinances. Each Entrant further represents and warrants that such Entrant has secured the requisite consent from any third party referenced or appearing in such Entrant’s Video, any other musicians appearing in the Video, and any individual who created the Video. Sponsors reserve the right, in their sole discretion, to disqualify any entry if Sponsors or the Contest judges cannot establish that such entry complies with the Video requirements and other terms of these Official Rules. Sponsors further reserve the right to request that an Entrant re-shoot, edit, or re-submit a Video that Sponsors believe may violate third-party rights, although Sponsors have no obligation to make such a request or to notify any Entrant of any potential or suspect infringements or violations of third-party rights. Sponsors further reserve the right, in their sole discretion, to disqualify any Video they believe is not consistent with the spirit and theme of the Contest.
The Preliminary Judges will select approximately one hundred (100) Videos as finalists. A panel of at least seven (7) judges, including NPR’s Bob Boilen and industry experts selected by Sponsors in their sole discretion (the “Final Judges”) will then judge these finalists and select a single potential Grand Prize Winner based on the following criteria:
40% – Musical Quality and Appeal
40% – Originality
20% – Stage Presence and Charisma
By entering the Contest, each Entrant warrants that the videographer who recorded that Entrant’s Video has granted to the Entrant a transferable license to the Video, and that the Entrant transfers to Sponsors the right to use the Video, or any portion thereof, including the right to make derivative works or to mix the Video with other videos or elements, in any media for any purpose. Entrant expressly waives any moral rights in the Video. Each Entrant also grants to Sponsors a non-exclusive, perpetual, sub-licensable, worldwide, and royalty-free right to use the musical composition performed in the Video for any purpose, whether with the Video or separate, and grants to Sponsors any synchronization, mechanical, or public performance rights necessary to use the music or Video in any media (including platforms that may not have PRO licenses) and for any purpose. Each Entrant authorizes Sponsors and any entities affiliated or in privity with Sponsors to utilize, for eternity and in any manner they see fit, the Video, and to make derivative works from such materials.
Sponsors may wish to organize “listening parties” or “meet-ups” in various cities around the United States, and in consideration of Entrant’s Video being reviewed and evaluated for this Contest, Entrant grants Sponsors and their respective affiliates and Member stations permission to contact Entrant or to provide Entrant’s contact information to venues, radio stations, or other third parties who may wish to organize concerts or events related to this Contest. Entrants may choose whether to participate in any such event to which Entrant is invited; if Entrant elects to participate in such an event, Entrant will not be compensated by Sponsors for such performances, nor will Entrant’s travel expenses be reimbursed. SPONSORS WILL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL OR PARTICIPATION IN ANY MEET-UPS, LISTENING PARTIES, OR OTHER EVENTS IN WHICH ENTRANT CHOOSES TO PARTICIPATE.
Each Entrant releases Sponsors, and their assignees and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Each Entrant agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant's decision to provide the Entrant's Video to Sponsors for purposes of the Contest, will not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between Sponsors and Entrant, does not place Sponsors in a position that is any different from the position held by members of the general public with regard to elements of the Entrant's Video, and that the only contracts, express or implied, between Sponsors and Entrant are as set forth in these Official Rules and the release forms. The Grand Prize Winner may be required to complete and execute additional documents and have third parties execute Sponsors' documents in connection with the rights granted to Sponsors as a condition of prize acceptance. In addition, by participating in the Contest and submitting a Video, each Entrant hereby grants permission (except where prohibited by law) for Sponsors to use Entrant's Video, name, likeness, voice, quotes, comments, biographical information, photograph and/or image, for all members of the Entrant, for the purpose of advertising, trade, or promotion without further notice, permission, compensation, or consideration in any and all media now known or hereafter developed throughout the universe, unless prohibited by law.
ENTRANT REPRESENTATIONS, WARRANTIES, INDEMNIFICATION, AND RELEASE. By entering, each Entrant represents and warrants to Sponsors that: (i) the music in Entrant’s Video is completely the original work of the Entrant and was created solely by the Entrant; (ii) the Video is an original work and is not copied from any other source or previously broadcast or otherwise distributed or disseminated in any media or format, and that the videographer agrees to grant to Sponsors an unlimited, unrestricted right and license to use the Video for all purposes in all media and as described herein; (iii) the Video is not in the public domain; and (iv) the Video is not in violation of or conflict with the trademark, copyright, rights of privacy, rights of publicity, or any other rights, of any kind or nature, of any other person or entity. Each Entrant agrees to defend and indemnify Sponsors for any breach of the above representations. By submitting an entry, each Entrant agrees to indemnify, defend, release, discharge, and hold harmless Sponsors and their parent companies, affiliates, subsidiaries, promotional partners, Member stations, and agents, and all others associated with the development and execution of this Contest, and the officers, directors, and employees of each of the foregoing, from any and all claims and liabilities arising from or in connection with participation in this Contest, including, without limitation: (a) claims for injury, loss, or damage of any kind resulting from participation in this Contest or acceptance or use of any prize; and (b) claims based on rights of privacy, rights of publicity, false light, defamation, copyright, and/or trademark infringement relating to the submission or exploitation of the Entrant’s Video. If an Entrant is a California resident, such Entrant hereby waives California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Each Entrant further agrees to release YouTube from any and all liability associated with this Contest or receipt or use of any prizes.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
GENERAL TERMS AND CONDITIONS. Sponsors reserve the right to terminate, modify, or suspend this Contest due to any of an act of God; unavoidable accident; epidemic; fire; blackout; act of public enemy; war, riot or civil commotion; enactment, rule, order or act of government, governmental instrumentality, or tribunal; strike, lockout, or other labor dispute; inclement weather; the recapture of any time period scheduled for the live broadcast of a program for an event of national importance or emergency; failure of technical facilities; failure of third-party software or services; failure of essential production or technical personnel to appear or be available for production or broadcast; or other cause beyond Sponsors’ control. Sponsors are not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected, misdelivered, or delayed entries, or for technical or human errors or failures of any kind in connection with the submission, transmission, processing, or judging of entries.
SPONSORS WILL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION, OR FUNCTION OF THIS CONTEST.
SPONSORS RESERVE THE RIGHT TO CHANGE ANY TERM OF THESE OFFICIAL RULES OR TO ADDRESS ANY ISSUE THAT ARISES WITH UPDATES OR AMENDMENTS TO THESE OFFICIAL RULES AT ANY TIME UP TO THE DATE THAT A GRAND PRIZE WINNER IS SELECTED.
ALL DECISIONS BY SPONSORS AND JUDGES ARE FINAL AND BINDING.
GOVERNING LAW. This Contest is governed by the internal laws of the District of Columbia without regard to principles of conflict of laws. All cases and claims pertaining to this Contest must be brought in a court of competent jurisdiction in the District of Columbia.
OFFICIAL RULES AND WINNER’S LIST. For a copy of these Official Rules, visit http://www.npr.org/tinydeskcontestor send a self-addressed, stamped envelope for receipt by September 14, 2021, to: Official Rules, “2021 NPR Tiny Desk Contest,” ATTN: NPR Music, c/o National Public Radio, Inc., 1111 North Capitol Street, NE, Washington, DC 20002. For a list of the winner(s), within sixty (60) days after September 14, 2021, send a self-addressed, stamped envelope to: Winners List, “2021 NPR Tiny Desk Contest,” ATTN: NPR Music, c/o National Public Radio, Inc., 1111 North Capitol Street, NE, Washington, DC 20002. Requests received without a self-addressed, stamped envelope will not be fulfilled.
This Contest is in no way sponsored, endorsed or administered by, or associated with YouTube. Any questions, comments or complaints regarding this Contest should be directed to Sponsors and not to YouTube.