PROGRESSIVE MUSICIANS LLC
GENERAL TERMS OF USE
For specific terms of use related to the Laurate Gala auditions & recital, click here.
For the specific terms of use related to colOrchestra, auditions & performances, click here.
Welcome to the Progressive Musicians LLC Terms of Use agreement. For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at https://www.progressivemusicians.com. “Service” refers to the Company’s services accessed via the Site, in which users can apply to participate in our online music competitions. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site or our Service.
The following Terms of Use apply when you view or use the Service via our website located at www.progressivemusicians.com/terms-of-use by submitting the competition application.
Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.
I. PRIVACY POLICY
The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy at www.progressivemusicians.com which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.
II. ABOUT THE SERVICE
Progressive Musicians are dedicated to helping musicians achieve their goals and advance artistically. We offer unique opportunities to perform, compete, learn and progress. Conducted online through the submission of recorded videos, all candidates will receive a written evaluation of their performance from our qualified judges in our non-elimination round. For the final round applicants will have the opportunity to showcase their improvement by re-submitting an updated video. Demonstrated growth and achievement will be factored into the competition scoring. Top prize winners from each age category will be awarded the opportunity to perform on our winners recital.
III. ELIGIBILITY
Progressive Musicians LLC International Competitions (International Piano and Violin Competition 2020) are open to soloists and ensemble of all ages, nationalities and countries. By submitting an application form, the artist or ensemble acknowledges that he/she/it is not signed to a label record company and/or its affiliates or subsidiaries. Any applicant under the age of 18 years will require the signature (endorsement) of a parent or legal guardian. Multiple winners may will be chosen from each age category. The applications are reviewed and judged within each of the age/repertoire categories as listed on the Competitions tab under Requirements.
IV. APPLICATION
The application for competitions and other events may be obtained from the Progressive Musicians’ website. All applications must be completed in their entirety and all fees must be paid by their specified deadlines.
V. COMPETITION
The first round is a non-eliminatory round. All participants will submit a video recording of their performances over the internet. Our non-eliminatory round includes a written evaluation of the each performance from one our our esteemed judges. The judge’s written evaluation is based solely on professional opinions. Progressive Musicians assumes no liability. There will be no direct contact between applicants and judges beyond the judges evaluation form. Evaluation forms will be delivered via email from the Progressive Musicians management. After receiving the judges evaluation, participants will be allowed time to practice and then submit an updated video recording for the second round (see our competition calendar more specific dates and deadlines). Participants may apply to as many competitions as they would like and may enter the same competition with multiple entries (all standard fees apply for each entry). Entries may not be accepted if late, incomplete, damaged, forged, mutilated or edited. Progressive Musicians accepts no liability for any late, lost, damaged, misrepresented, stolen or incomplete entries.
VI. HOW TO APPLY TO COMPETITIONS
- Complete the online application and pay all fees
Email a head shot of each contestant (head shots will only be accepted in JPG, JPEG, BPM, TIFF, and PNG formats) to director@progressivemusicians.com. Incomplete applications may not be accepted. Applications require a short biography of 75 words or less. If selected to play in any finalist’s/winner’s recital, contestant’s head shots and bios will be printed in the winner’s recital booklet and listed at www.progressivemusicians.com. Progressive Musicians reserves the right to edit biographies as needed to best fit within the recital booklet. All fees are nonrefundable.
VII. SUBMITTING A VIDEO RECORDING
Videos do not need to be of professional quality as long as the image and audio are clear to the viewer. Videos must show the musician’s face (profile is acceptable) and hands at all times and may not be edited. Videos will only be accepted over the internet. Applications must include the internet links for each video submission. Be sure to turn off all privacy settings for each link. Applications will not be accepted for unviewable links. Audio recordings will not be accepted.
VIII. REPERTOIRE REQUIREMENTS
Applicants may choose one or two pieces from the standard repertoire (Baroque, Classical, Romantic or Contemporary periods) fitting within the category time limit. All solo pieces and concerto movements must be memorized (with exception to the adult amateur category). Memorization is not required for duo sonatas, chamber works, and piano ensembles. Only solo pieces and works for piano ensemble are permitted in the Piano Category, piano concertos are not permitted. Other instrumental and vocal contestants may include chamber music of any instrumentation. Concertos with orchestral reductions are also acceptable. Individual movements taken from larger works are acceptable (movements of Sonatas, Suites). Only original works and transcriptions are allowed. Simplified arrangements and incomplete movements will not be accepted (with exception to orchestral cuts and reductions in violin concerti). Repertoire chosen for video submissions, finalist recitals and winners recitals may not exceed its category’s time limit.
IX. APPLICATION FEES AND PAYMENT
Application fees are posted in the “Competitions —Application Instructions” tab at www.progressivemusicians.com. To make a payment, submit the application and enter the application fee into the provided PayPal link. If applying during a promotional period, payments and applications must be submitted by the specified deadline. Progressive Musicians will accept payment through on their website through the use of credit or debit cards. When necessary, payment may be accepted by the use of Zelle, PayPal, or Venmo. Progressive Musicians does not accept personal checks. If contestants wish to pay through certified check or money order, contact Progressive Musicians at director@progressivemusicians.com for further instructions. Progressive Musicians reserves the right to adjust all fees and deadlines. All fees are nonrefundable.
X. COMPETITION RESULTS
Each winner will be notified via email (see dates posted in the Winner’s Recital tab of the Progressive musicians website). Contestants who are selected for the winner's recital will have one week to accept or decline the invitation to participate. Any recital fees (if applicable) will be due by the deadline to secure a spot on the recital. All competition results will be posted on the Progressive Musicians website.
XI. ONLINE EVENTS/ONLINE WINNER’S RECITALS: RULE AND REPERTOIRE REQUIREMENTS
All online events and online contestants’ performances may be broadcasted on the Progressive Musicians’ website, YouTube channels and other social media platforms including but not limited to the Progressive Musicians Facebook, Instagram, and Twitter pages. If selected to perform in an online event and/or online winner's recital, a commitment must be made by the deadline specified in the competition rules and guidelines. It is understood that performers choosing to participate in an online event and/or online winner’s recital will perform the repertoire presented in their original video submissions, unless they request otherwise. Repertoire performed for online events/recitals, or in person events/recitals must meet the time limit requirements specified by Progressive Musicians and are subject to approval. All performers participating in events may have to submit a video file of their performance(s) via file sharing (ex: Google Drive, Dropbox, OneDrive, iCould, etc…) with director@progressivemusicians.com. Internet links to videos that cannot be downloaded by Progressive Musicians will not be accepted. It is understood by sharing files of their performance(s) with Progressive Musicians, that the performers grant Progressive Musicians permission to broadcast them for public viewing. All participants may be interviewed via the internet for promotional purposes of the event/recital. Performers may decline a promotional interview if they wish.
XII. WINNER’S RECITAL: FEES, RULES, AND REPERTOIRE REQUIREMENTS
If selected to perform in the winner's recital, a commitment must be made and all fees must be paid no later than one week from the date of notification. Any recital fees will be specified in the competition rules and guidlines. Fees may include; recital booklets containing the performer’s biographies and photos, a certificate of participation, a certificate of recognition for each performer’s instructor, complimentary concert tickets to events, and digital photos of the performance. It is understood that competition winners choosing to participate in our events will perform the repertoire presented in their competition video submissions, unless they request otherwise. If a change of repertoire is requested, it must be approved by the head of the competition jury. All repertoire performed on our events must meet the time limit requirements for the proper categories and are subject to approval by the competition judges. All fees are nonrefundable.
XIII. WINNERS RECITAL ACCOMPANIMENT
All instrumental and vocal repertoire performed on our winners recitals must be presented with piano accompaniment unless such accompaniment does not exist for the chosen selection. Instrumental and Vocal soloists who require piano accompaniment may elect to hire their own pianist or request to perform with a Progressive Musicians collaborative pianist. FOR LIVE EVENTS: A service fee will be charged and will be due by a deadline specified by Progressive Musicians. Due to scheduling, only a limited number of collaborative pianist requests will be accepted. The collaborative pianist fee includes rehearsal time prior to the recital, and the recital performance.
XIV. CARNEGIE HALL
Carnegie Hall’s policy strictly prohibits the use of personal photography and videography. Carnegie Hall has a 100% COVID-19 Vaccination policy. Any performers must show proof of vaccination for COVID-19 before entering the any of their stages. There are no exceptions to this rule. Carnegie Hall may require every person to wear a facial mask while indoors, and may also required proof of a negative test. Progressive Musicians also reserves the right to mandate the wearing of facial masks while participating at indoor events.
XV. TICKET INFORMATION
Tickets to the recital may be purchased through the Carnegie Hall box office by contacting CarnegieCharge at (212) 247-7800, online at www.carnegiehall.org, or at the door. Tickets will go on sale 90 days prior to the recital. Travel to New York City and accommodations are solely the responsibility of each performer.
XVI. REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 18 years old or have a parent/guardian signature to register for all Progressive Musicians’ events.
XVII. USE RESTRICTIONS
You agree that you will not under any circumstances:
- access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service,
- collect or harvest any personal data of any user of the Site or the Service
- use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise;
- distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
- use the Service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- provide false or inaccurate information when registering an account or applying for an event;
- interfere or attempt to interfere with the proper functioning of the Service;
- make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
- circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or
- publish or link to malicious content of any sort, including that intended to damage or disrupt any member of Progressive Musicians LLC browser or computer.
XVIII. CONDUCT RESTRICTIONS
We grant you permission to use and access the Service provided by Progressive Musicians LLC, subject to the following express conditions surrounding User Conduct. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.
By participating in any of the Progressive Musicians events, each participant agrees to be bound by the Progressive Musicians’ Policy and specific event Rules, as amended, which are posted on this page and on any events listed on our web-page. Participant further agrees to be bound by the decisions related to the events, which is final and binding in all respects.
Progressive Musicians LLC reserves the right, in its sole discretion, to disqualify any applicant found to be: (a) violating the Progressive Musicians LLC Policy and Competition (or any event) Rules; (b) tampering or attempting to tamper with the entry process or the operation of events or the Progressive Musicians Website; (c) violating the terms of service, conditions of use and/or general Policy or guidelines of Progressive Musicians LLC and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
Winners must at all times behave appropriately when taking part in our events and observe all Rules and Regulations in force at the Halls, studios and/or other locations. Progressive Musicians LLC reserves the right to remove any individual from their event premises or locations, if they fail to behave appropriately. Removal from any one of our events will result in disqualification of such winner and/or participant.
XIX. CONTENT DISCLAIMER
We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by the competition judges. Judges’ comments are based on their professional opinions. All judges decisions are final and cannot be appealed. Progressive Musicians takes no responsibility and assumes no liability for any comments or advice. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on/through the Service or transmitted to applicants.
XX. LICENSE
By participating in our events, applicants and participants:
Expressly grants Progressive Musicians LLC the right to use his/her name, mailing address, telephone number, and e-mail address (“Personal Information”) for the purpose of administering its Competitions and events, including but not limited to contacting and announcing winners;
grants to Progressive Musicians the right to use his/her name and information for publicity and promotional purposes relating to its Competitions and events, in any and all media now known or hereafter devised, without further compensation unless prohibited by law.
XXI. INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. We reserve all rights that are not expressly granted to you under these Terms of Use.
XXII. TERMINATION
Progressive Musicians LLC reserves the right, in their sole discretion, to terminate any and all events in whole or in part, and/or to modify, amend or suspend any and all events and/or any and all Rules in any way, at any time, for any reason without prior notice.
XXIII. EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
XXIV. USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you: (a) consent to receive communications from us in an electronic form and/or file attachments via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by using the “Unsubscribe” link in the message, or by sending an email to director@progressivemusicians.com. Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.
XXV. WARRANTY DISCLAIMER
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
XXVI. LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
XXVII. MODIFICATION OF TERMS OF USE
We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.
XXVIII. GENERAL TERMS
If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement. You agree that any cause of action related to or arising out of your relationship with the Company must commence within SIX months after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Oregon, without regard to conflict of law provisions.
We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT HTTP://PROGRESSIVEMUSICIANS.COM REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Effective as of July 19th, 2022