TERMS AND CONDITIONS

1. TERMS AND CONDITIONS

The following information forms part of the terms and conditions of entry to the 2019 APRA Professional Development Awards (Professional Development Awards). By entering the Professional Development Awards, Entrants agree to be bound by these terms and conditions.

2. ORGANISER

The organiser of the Professional Development Awards is APRA New Zealand Ltd (CN 1205194) of Unit 113, 23 Edwin Street, Mt Eden, Auckland 1024, New Zealand (Organiser).

3. PROFESSIONAL DEVELOPMENT AWARDS PERIOD

Entries open on 5 June 2019 and all entries must be received no later than 5pm Monday 1 July 2019Late entries will not be accepted.

4. ELIGIBILITY

Entry into the Professional Development Awards is limited to songwriters who:

  1. Are APRA AMCOS members;
  2. New Zealand or Australian citizens or have been a legal New Zealand resident for minimum of 2 consecutive years on 1 January 2019.
  3. Have not previously won an APRA Professional Development Award; and
  4. Comply with these terms and conditions of entry

Please note that a members cannot enter both the NZ and AU PDAs they must choose 1 according to their residential status outlined above.

Employees of the Organiser (and members of their immediate families) are ineligible to enter.

5. ENTRY CRITERIA AND AWARD CATEGORIES

Entries may only be lodged by individual songwriters (co-writers should nominate separately). Entrants must gain consent from any co-writer (and, if the work is the subject of a publishing agreement, the consent of the publisher) prior to entry. Entry is limited to once per APRA AMCOS member.

Entrants may enter the Professional Development Awards in any one of the following Award Categories:

  • Popular Contemporary (including Pop, Rock, Blues, Folk, Country, Jazz, Hip Hop and R&B): All entrants in this Award Category are required to provide lyric files (where applicable) for each submitted song.
  • Classical: All entrants in this Award Category are encouraged to provide scores for their submitted works;
  • Film & Television (including Gaming): All entrants in this Award Category are required to provide audio-visual samples of their works composed for film and/or television. These samples can be pre-existing or created for entry – they should not exceed five minutes in duration. Music Videos are not considered sufficient samples. Additionally, entrants in this Award Category are encouraged to provide scores where available for the submitted pieces;

6. ONLINE ENTRY

To enter, Eligible Entrants must review the 2019 Professional Development Awards Application Form and follow the prompts to:

  • properly complete and submit an online Entry Form, completing all required details, agreements and acknowledgements;
  • provide three (3) recordings of original musical compositions written or co-written by the Entrant (Submitted Recordings); and
  • include lyrics in the Entry Form for the Submitted Recordings (if applicable)

7. ENTRY MATERIALS

It is the Entrant's responsibility to ensure that the recording submitted in respect of each Submitted Recording is complete and playable. The Organiser is not responsible for incorrect, inaccurate, late, damaged, or misappropriated entries. All Entry Materials submitted will not be returned to Entrants. Copies of Entry Materials may be retained and used by the Organiser strictly for promotional purposes in accordance with these terms and conditions. Any false information provided as part of an Entrant's Entry Materials will result in the automatic disqualification of that Entrant.

8. OWNERSHIP

All Entrants (or their publisher if applicable) will retain all copyrights and all other rights controlled by them in all songs entered in the APRA Professional Development Awards. For the avoidance of doubt, no copyrights in any song entered will be assigned to the Organiser by virtue of an Entrant entering the Professional Development Awards.

9. JUDGING

All judges are subject to APRA AMCOS's Conflict of Interest Policy which can be viewed online here.

Production value and quality of performance will not be considered. The judging panels will not be in a position to provide Entrants with feedback or a critique in relation to entered songs. The judging panel's decision is final and no correspondence will be entered into.

This is a game of skill and chance plays no part in determining the winner. All valid entries received during the Awards Period will be judged by the Organiser on their merits in accordance with the Judging Criteria.

10. NOTIFICATION OF ENTRANTS AND WINNERS

The Organiser will notify all Entrants the judging panel outcome by email by 9 August 2019 using the contact details provided on the online Entry Form. The Winner of each Award Category will be publically announced on or near 2 September 2019. The Organiser will not be held liable for any unforeseen delays in the judging process.

11. PRIZES

Each Winner will receive:

  • NZ $10,000 cash courtesy of APRA AMCOS

Total prize value $30,000.

12. PRIZE CONDITIONS

Each Winner's entitlement to all prizes described above is subject to the following:

  • Each prize (or any part thereof) is not transferable or exchangeable. The Organiser is not liable in any way if a Winner cannot receive, accept or use any element of a prize for any reason. A prize (or any part thereof) may be cancelled in the Organiser's discretion if a Winner attempts to transfer it.
  • The Organiser will not cover any associated costs in connection with each Winner's enjoyment of a prize other than those expressly stipulated above or on the Professional Development Awards online Entry Form. Any taxes payable in relation to prizes are the sole responsibility of the Winner.
  • Organiser reserves the right, in its absolute discretion, at any time during the Awards Period, to vary, withdraw, postpone or cancel the Professional Development Awards, including without limitation, in circumstances where it cannot conduct the Professional Development Awards or grant any part of an Award for any reason beyond its control.
  • In the event that the Organiser postpones or varies the Professional Development Awards or any part of an Award or associated prize, the Organiser (and any party associated with the Professional Development Awards) shall not be liable to any person for any loss or damage of any kind (including but not limited to indirect or consequential loss or loss or damage caused by the Organiser's or other party's negligence) arising out of, or in connection with, the postponement or variation of the Professional Development Awards or Award (or part thereof). Nor will the Organiser or other party be liable for any loss, damage, payment or expense of any kind (including but not limited to indirect or consequential loss or loss or damage caused by the Organiser's or other party's negligence) or personal injury or other damage suffered or sustained as a result of the entering, judging, running, cancellation or acceptance, enjoyment or use of the Professional Development Awards or Award (or part thereof) except for any liability that cannot be excluded by law.
  • The Organiser has the right to refuse to allow a Winner to take part in all or part of a prize or Award, if the Organiser deems, at its discretion, that a Winner is not in an appropriate physical or mental condition to ensure the safety of the Winner or the other parties involved, or the Organiser otherwise deems that it is not appropriate for a Winner to take part in all or part of a prize for any reason.
  • Organiser reserves the right to amend or substitute any of the prizes described above at its discretion without notice to Entrants.
  • All prizes must be claimed within one year of them being presented to the winner. Unclaimed prizes after this period cannot be redeemed.
  • If a Winner is under the age of 18 years, the prizes will be awarded to the Winner's parent or guardian on the Entrant's behalf.

13. WARRANTIES AND REPRESENTATIONS

Entrants warrant and represent that:

  • each of their Submitted Recordings comprises an original musical work written (or co-written) by them, which does not infringe third party copyrights, or contravene any applicable statute, law, order, rule or regulation;
  • if any of their Submitted Recordings are co-written or co-created, they have the consent of their co-writers to submit the Submitted Recordings, grant the licenses and releases herein, and participate in the Professional Development Awards;
  • they own and control all copyrights and other rights in and to the Entry Materials they provide to Organiser hereunder in connection with the Professional Development Awards, or are otherwise legally able to grant the rights set forth herein;
  • if they are engaged under a publishing or recording agreement, they will obtain all necessary authorisations, consents and licences in order to participate in the Professional Development Awards and to allow the use of their Entry Materials by Organiser as set forth herein;
  • their Submitted Recordings were recorded and otherwise prepared in all respects in accordance with the rules and regulations of all unions and similar associations having jurisdiction;
  • any songwriter, publisher, artist and/or producer credits that they provide to Organiser will be accurate; and,
  • they have read these Terms and Conditions and that they meet all the eligibility requirements to participate.

14. PRIVACY AND RELEASES

Entrants agree that, as a condition of their entry for a Professional Development Award, they:

  • release the Organiser and its employees, directors, officers, subsidiaries, affiliates, promotional agents, and judging panellists from any and all liability, claims, or actions in connection with their participation in the Professional Development Awards;
  • agree that their name, photos, or likeness, statements, Submitted Recordings may be publicised, published, communicated, or used at or in connection with the Professional Development Awards, without compensation, by the Organiser, in any Organiser or Organiser-partner media or publication, including internet sites, press releases, Organiser conferences or award shows, and for distribution by Organiser to media organisations or any third party requesting such materials in connection with Organiser or the Professional Development Awards; and
  • grant a worldwide perpetual non-exclusive license to Organiser to reproduce, communicate to the public and publicly perform the songs and recordings submitted, in whole or in part, via all media, in any manner including digital streaming or download technology, for the Organiser's promotional and archival purposes
  • acknowledge that their entries and details will be held in accordance with the APRA AMCOS Privacy Policy which can be accessed here.

15. NO SALES OR EXTRAORDINARY PAYMENTS

The Organiser will not sell copies of any Submitted Recordings or otherwise distribute copies of Submitted Recordings other than for Organiser's promotional purposes. Entrants acknowledge that they will receive no royalty payments or payments of any kind from the Organiser, including for the performance of their Submitted Recordings in connection with the Professional Development Awards, other than those that they may be eligible to receive through APRA AMCOS's usual distribution system.

16. JURISDICTION AND CHOICE OF LAW

The Professional Development Awards and these terms and conditions shall be governed by and construed in accordance with the laws of New Zealand.

By entering the 2019 APRA Professional Development Awards you agree to the terms and conditions as listed above.


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