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  • $500 Prize award
  • 47 Entries
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Upbeat, happy sale music for Yaffe Group client

Commercial Music - Held by The Yaffe Group

Gman won this contest!

Contest brief

Modern, upbeat track with feel of "On Top of The World" by Imagine Dragons or "The Walker" by Fitz & the Tantrums

Tell about yourself or company

We are a midwest based marketing firm that works with regional clients

How will the music be used?

TV and radio ads that will only run for a week at a time several times a year in Virgina, parts of Eastern Tennesse and one small market in West Virgina

Who is your target audience?

Women, ages 25 - 54 with families, who own a house in Virginia, eastern Tenn area

Describe the music you are looking for

Client has really been into creating tracks with an upbeat modern sound that feels like what's playing on the radio. Music needs to have a fast beat fo help drive a retail delivery, but still feel fresh, upbeat and modern. We will load several commercials we've done recently in this genre below - they are the two uploaded spots for the client. Two tracks they've given us lately that have the upbeat modern sound they like are "On top of the world" by Imagine Dragons and "The Walker" by Fitz and The Tantrums. We'll give links for these songs below, as well. We're not looking for you to do a knock off of either song, but to use them as a guide for the feeling and pacing we want to convey. We will need for radio and TV, so please submit a :60 track. We don't need any vocals during the bulk of the track, unless they are used as instruments rather than singing lyrics. Our tag is "if you're happy and you know it, you went to Grand" So, if you'd like to add a singout at the end to that effect, you can. Or just a sing at the end of "only at Grand" - not a requirement, but could be a bonus to the track, if it works


Files related to this contest

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MusikPitch Musician Agreement

This Musician Agreement governs Your access to and use of the Site and the Service as a Musician. Certain terms used and not otherwise defined in this Musician Agreement shall have the meanings assigned to such terms elsewhere in Terms of Use, and this Musician Agreement is a part of the legal agreement between You and MusikPitch contained in such Terms of Use.

1.            PROJECTS

1.1          You may participate in Project(s) created by Customer(s) via the Site. To participate in a Project, You shall:

1.1.1       Submit a Music Concept responsive to a Project created by a Customer, which shall comply with the Customer’s Music Brief and be submitted to the Site using any methodology, file format or technology specified by MusikPitch from time to time; and

1.1.2       Your submission of a Music Concept shall serve as Your acceptance of the specific licensing terms of such Project (Exclusive License or Non-Exclusive License).

1.2          You represent and warrant that, with respect to each Music Concept You submit:

1.2.1       Your Music Concept will not infringe or be a derivative of the Intellectual Property Rights of any Person, nor will it be a derivative of any Music or Music Concept submitted by another musician;

1.2.2       Your Music Concept is Your sole, exclusive original work (subject to Section 1.2.3 hereof);

1.2.3       If multiple Persons wrote or composed the Music Concept, then all such Persons have been listed as a composer on the Site, and all such Persons agree to the Single Song Agreement and Terms of Use;

1.2.4       You have not sold, assigned, transferred, hypothecated, mortgaged, or otherwise encumbered in any way any right, title or interest in or to the Music Concept or any part thereof or any of the rights conveyed hereby;

1.2.5       You have not made or entered into any contract with any other Person affecting the Music Concept or any right, title or interest therein or in the Intellectual Property Rights thereof;

1.2.6       No Person other than You has or has had claims or has claimed any right, title or interest in or to the Music Concept or any part thereof, any use thereof or any Intellectual Property Rights therein;

1.2.7       The Music Concept has never been published or recorded for commercial purposes, and no revenue from the Music Concept has ever been derived;

1.2.8       You have full right, power and authority to enter into the Single Song Agreement and to make the instrument of sale and transfer;

1.2.9       Your Music Concept does not include any Third Party Work, unless the inclusion of the Third Party Work is authorized by MusikPitch policies relating to the use of Third Party Work (as those policies exist from time to time); and

1.2.10     If Your Music Concept includes Third Party Work as authorized by MusikPitch, You have at the time of submitting the Music Concept:

       Specified that a Third Party Work has been used in the Music Concept; and Set out the license and/or usage rights which apply to the Third Party Work, including whether Customer is required to purchase a license for the Third Party Work.

1.3          In the event that Your Music Concept is selected by Customer as winning Music, then:

1.3.1       You shall upload the highest quality audio version of the Music to the Site for delivery to Customer;

1.3.2       MusikPitch shall deliver the winning Music to Customer; and

1.3.3       MusikPitch shall act as the publisher of the winning Music pursuant to the terms of the Single Song Agreement, pay You 100% of the Writer Share of any royalties received in respect of the Music and retain 100% of the Publisher Share of any such royalties.

1.4          You acknowledge and agree that, as a Musician:

1.4.1       You may not have the ability to enter each and every Project;

1.4.2       MusikPitch or a Customer may restrict Your ability to enter any one Project and/or invite only specific Musicians to tender Music Concepts with respect to a Project; and

1.4.3       MusikPitch has not made any representation or warranty that You will win any minimum number of Projects or earn any income, or any minimum amount of income, from tendering Music Concepts.

2.            MUSICIAN PRIZE

2.1          In the event that Your Music Concept is chosen by a Customer as winning Music and Customer has confirmed its acceptance of the winning Music, MusikPitch shall pay You, as the Musician, the 100% of the Musician Prize (provided that MusikPitch has previously received the Customer Payment from such Customer).

2.2          You agree that MusikPitch is not responsible for money transfer fees imposed by third party services such as PayPal (or other services that MusikPitch may choose to use from time to time) when the Musician Prize is transferred to You.

2.3          You agree that MusikPitch is not an escrow service and does not hold property on behalf of any Person. All amounts deposited or paid to MusikPitch are property of MusikPitch, which may use those funds as it sees fit. The only rights that You have to receive payment are as set forth in this Section 2.

2.4          In the event that You provide Defective Music, You agree to cooperate with MusikPitch and the applicable Customer to achieve a reconciliation of the issue between You and the Customer. In the event that the You are not able to reconcile the situation to Customer’s reasonable satisfaction, You shall promptly reimburse MusikPitch 100% of the Musician Prize You received in connection with the Defective Music.



3.1          For purposes of this Single Song Agreement, the term “You” shall include all the musicians and composers of the winning Music. If there are more than one, the covenants herein contained shall be deemed to be both joint and several on the part of the You and such other musicians and composers, and the royalties to be paid to You shall, unless a different division of royalties be specified, be due to all Musicians and composers collectively, to be paid by MusikPitch in equal shares to each.

3.2          Subject to the Terms of Use, You hereby sell, assign, deliver, grant and set over to MusikPitch, its successors and assigns, all of Your undivided right, title and interest in and to the Music selected by Customer in a Project, including the title, words and music thereof, all world-wide rights therein, all Intellectual Property Rights therein and thereto, all registrations with respect thereto, and the exclusive right to secure copyrights and extensions and renewals of copyrights in the same and in any arrangements and adaptations thereof, all throughout the universe, and any and all other rights, claims and demands that You now have or to which You might become entitled at any time in the future, or to which You might be entitled or that You hereafter could or might secure throughout the universe with respect thereto if these presents had not been made, and to have and to hold the same absolutely and forever unto MusikPitch, its successors and assigns.

3.3          You and MusikPitch mutually acknowledge that each has heretofore entered into or will hereinafter enter into contracts with a performing rights society, which contracts provide You and MusikPitch shall receive their respective shares of public performance royalties throughout the world directly from their own affiliated performing rights society, and that one shall have no claim whatsoever against the other for any royalties received by either from any performing rights society which makes distribution directly to You and/or MusikPitch. MusikPitch agrees that it will use commercially reasonable efforts to execute all documents and accomplish all acts necessary to secure proper registration and clearance of the Music with the appropriate performing rights society(ies). 

3.3          In consideration of this Single Song Agreement, the rights and interests conveyed hereby, MusikPitch shall pay You the following in respect of the Music, provided You have not breached the Terms of Use:

3.3.1       100% of the Musician Prize; and

3.3.2       100% of the Writer Share.

3.3.3       Except as herein expressly provided, no other royalties or monies shall be paid to You; and in no event shall You be entitled to share in any advance payments, fees or minimum royalty payments which MusikPitch may receive in connection with any Project or licensing agreement, collection agreement, or any other agreement covering the winning Music.

3.4          Notwithstanding anything to the contrary contained in this Single Song Agreement, if MusikPitch is unable to license the Music to Customer within 12 months after the date such Music is chosen by Customer as winning Music, then You may, upon written notice to MusikPitch within 60 days from the expiration of such 12 month period, demand that MusikPitch reassign the copyright and all rights therein and such rights shall simultaneously be assigned to You, and MusikPitch agrees to execute any and all Assignment of Copyright, direction letters and other documents that may be necessary to effectuate the foregoing intent.

3.5          In the event that any Writer Share is owed, within 90 days after the last days of June and December in each year, MusikPitch shall prepare or have prepared on its behalf, and furnish to You semi-annual statements hereunder, and each such statement shall be accompanied by payment of any Writer Share, after deduction of any and all recoupable costs or advances to You under this or any other agreement between Musician and MusikPitch. 

3.6          In respect to print royalties, MusikPitch shall have the right to retain, as a reserve against returns, such portion of payable royalties as shall be necessary in its best business judgment.

3.7          Any and all disputes concerning any such statement shall be waived by You unless written objection is received by MusikPitch within such 1 year period. 

3.8          You or a certified public accountant may, at Your expense and at reasonable intervals, examine MusikPitch’s books insofar as same concern You, during MusikPitch’s usual business hours, and upon reasonable written notice, for the purpose of verifying the accuracy of any statements rendered to You hereunder.

3.9          MusikPitch’s books relating to activities during any accounting period may only be examined as aforesaid during the 1 year period following receipt by You of the statement for said accounting period. 

3.10        If MusikPitch shall not receive payment in U.S. dollars in the U.S. in respect to any exploitation of the Music, royalties in respect thereof shall not be credited to Your royalty account hereunder.  MusikPitch shall, however, if MusikPitch is able to do so, accept such payments in foreign currency and deposit in a foreign bank or other depository, at Your expense and in such foreign currency, such portion thereof, if any, as shall equal the royalties which actually would have been payable to You hereunder in respect of such exploitation had such payments been made to MusikPitch in U.S. dollars in the U.S.; and MusikPitch shall notify You thereof promptly. This deposit shall fulfill MusikPitch’s royalty obligations hereunder as to such exploitation.

3.11        You hereby grant to MusikPitch the perpetual right to use and publish and to permit others to use and publish Your name (including any professional name heretofore or hereafter adopted by You), likeness and biographical material, or any reproduction or simulation thereof and the title of the winning Music, in connection with the printing, sale, advertising, distribution and exploitation of Music, folios, recordings, performances, player rolls and otherwise concerning the winning Music, and for any other purpose related to the business of MusikPitch, its associates, subcontractors, affiliates, subsidiaries, successors or assigns, or to refrain therefrom.

3.12        You hereby acknowledge that MusikPitch has the right hereunder, in its sole discretion, to substitute a new title or titles for the winning Music, to make changes, arrangements, adaptations, translations, dramatizations and transpositions of the Music, in whole or in part, and in connection with any other musical, literary or dramatic material, and to add new lyrics to the Music or new Music to the lyrics of the Music.  You hereby waive any and all claims You have or may have against MusikPitch, its associates, subcontractors, affiliates, subsidiaries, successors and assigns because the title of the Music may be the same as or similar to that of any other Music heretofore or hereafter acquired by MusikPitch.

3.13        You hereby irrevocably empower and appoint MusikPitch, its subcontractor(s), or any of their respective officers, as Your true and lawful attorney (with full power of substitution and delegation) in Your name, and in Your place and stead, or in MusikPitch’s name, to take and do such limited action as, and to make, sign, execute, acknowledge, deliver and record any and all instruments or documents which MusikPitch may from time to time deem desirable or necessary to vest in MusikPitch, its successors, assigns or licensees, any of the rights granted by You hereunder, including without limitation such instruments or documents required to secure to MusikPitch copyright registration and protection for the winning Music for the full term of copyright and for any renewals or extensions thereof, including any and all Assignment of Copyright, direction letters and other documents that may be necessary to effectuate the foregoing intent.

3.14        If You or any Person(s) deriving rights from You shall validly terminate any and/or all of the within transfer(s) of rights in the winning Music subject to this Single Song Agreement, then all rights hereunder or otherwise in the winning Music except those expressly terminable pursuant to the U.S. Copyright Act of 1976 shall be retained by MusikPitch, its successors, licensees, and assigns subsequent to the effective date(s) of such termination, including (among such retained rights) any and all rights in and to derivative works of the winning Music throughout the universe and any and all rights in the winning Music for the full terms of copyrights in countries outside the U.S. together with any other rights MusikPitch may now be or hereafter become entitled to pursuant to statute or judicial decision.  MusikPitch shall continue to pay You or Your successors hereunder applicable royalties as provided herein above with respect to such retained rights.