X. LIMITATION OF LIABILITY
Shostakovich School Competition assumes no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, notifications, responses, replies, or any release, or for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect transmission or non-transmission of an audition materials. Shostakovich School Competition is not responsible for any incorrect or inaccurate information, whether caused by website users, by any of the equipment or programming associated with, or utilized in the Competition or by any technical or human error, which may occur in the administration of the Competition.
Shostakovich School Competition assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, audition materials.
Shostakovich School Competition is not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, providers, computer equipment, software, e-mail, players, or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing.
Shostakovich School Competition is not responsible for any injury or damage to entrant or to any computer related to or resulting from participation in the Competition. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Competition, or by the acceptance, possession, use of, or failure to receive any Prize. Shostakovich School Competition assumes no responsibility or liability in the event that the Competition cannot be conducted as planned for any reason, including those reasons beyond the control of Shostakovich School Competition, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Competition and/or the Competition Website.
There will be no transfer and substitution of Awards, including Cash Awards, Prizes, Plagues, etc., except as necessary due to availability in which case a prize of equal or greater value will be awarded. All federal, state, and local taxes, and custom fees, when applicable, are the sole responsibility of the Winner.
By participating in each of any of the Shostakovich School Competition, each participant agrees to be bound by the Shostakovich School Competition Policy and specific Competition Rules, as amended, which are posted on this page and on the Competition web-page. Participant further agrees to be bound by the decisions of Shostakovich School Competition, which shall be final and binding in all respects.
Shostakovich School Competition reserves the right, in its sole discretion, to disqualify any applicant found to be: (a) violating the Shostakovich School Competition policy and Competition Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Competition or Shostakovich School Competition Website; (c) violating the terms of service, conditions of use and/or general Policy or guidelines of Shostakovich School Competition; and/or (d) acting in an unsportsmanlike or disruptive manner, or harass any other person.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SHOSTAKOVICH SCHOOL COMPETITION WEBSITE OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF SHOSTAKOVICH SCHOOL COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SHOSTAKOVICH SCHOOL COMPETITION RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PREMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.
Winners must at all times behave appropriately when taking part in the Recital and observe the Competition Rules and any other Policies Rules or Regulations in force at the Halls, studios and/or other locations. Shostakovich School
Competition reserves the right to remove from the Hall, studio or other premises or location, any Winner and/or a person (-s) accompanying the Winner who breaks (-s) such rules and/or fail (-s) to behave appropriately and to disqualify such Winner.
XII. PRIVACY / USE OF PERSONAL INFORMATION
In addition to the information below please refer to a separate Private Policy Page at Shostakovich School Competition website.
By participating in the Competition, an applicant: grants to Shostakovich School Competition the right to use his/her name, mailing address, telephone number, and e-mail address (“Personal Information”) for the purpose of administering the Competition, including but not limited to contacting and announcing the Winner;
grants to Shostakovich School Competition the right to use his/her Personal Information for publicity and promotional purposes relating to the Competition, in any and all media now known or hereafter devised, without further compensation unless prohibited by law.
XIII. INTELLECTUAL PROPERTY
All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by Shostakovich School Competition and/or its affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of Shostakovich School Competition is strictly prohibited.
All Applicants retains all ownership and intellectual rights to all original piece (-s). Shostakovich School Competition will not have any intellectual rights to any piece (-s) submitted.
Shostakovich School Competition reserves the right, in their sole discretion, to terminate the Competition, in whole or in part, and/or modify, amend or suspend the Competition, and/or the Competition Rules in any way, at any time, for any reason without prior notice.
This is the official Shostakovich School Competition Policy. The Policy is subject to applicable federal and state laws and regulations. The Policy and Rules are subject to change without notice in order to comply with any applicable federal and state laws or the policy of any other entity having jurisdiction over Shostakovich School Competition. All issues and questions concerning the construction, validity, interpretation and enforceability of Shostakovich School Competition Policy or the rights and obligations as between the applicant and Shostakovich School Competition in connection with any Shostakovich School Competition shall be governed by and construed in accordance with the laws of the State of New York including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. If any provision of these Policy is found to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein.
XVI. LANGUAGE DISCREPANCY
In the event of any discrepancy or inconsistency between the terms and conditions of this Policy and disclosures or other statements contained in any Competition-related or Recital-related materials, including but not limited to the
Competition application form, TV, print or online advertising, the terms and conditions of this Policy shall prevail, govern and control.
XVII. APPLICANT’S REPRESENTATIONS
By entering the Shostakovich School Competition, an applicant represents individually or in case of an ensemble, jointly, that he/she or they read these Policy and Competition Rules and consent to the Policy and Competition Rules.