TERMS AND CONDITIONS
1. TERMS AND CONDITIONS
The following information forms part of the terms and conditions of entry to the 2017 APRA Professional Development Awards (Professional Development Awards). By entering the Professional Development Awards, Entrants agree to be bound by these terms and conditions.
The organiser of the Professional Development Awards is Australasian Performing Right Association Ltd (ABN 42 000 016 099) of 16 Mountain Street, Ultimo, NSW, 2007, AUSTRALIA (Organiser).
3. PROFESSIONAL DEVELOPMENT AWARDS PERIOD
Entries open at 11.00am Australian Eastern Standard Time (AEST) on Thursday 9 March 2017 and all entries must be received online no later than 11.59pm AEST on Thursday 27 April, 2017. Late entries will not be accepted.
Entry into the Professional Development Awards is limited to songwriters who:
- Are APRA AMCOS members;
- Australian or New Zealand citizens or have been a legal Australian resident for minimum of 2 consecutive years on 1 January 2017.
- Have not previously won an APRA Professional Development Award; and
- Comply with these terms and conditions of entry
Please note that a members cannot enter both the AU and NZ PDA but 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, Hip Hop and R&B) – 3 Awards are given in this Award Category: All entrants in this Award Category are required to provide lyric files (where applicable) for each submitted song.
- Country: All entrants in this Award Category are required to provide lyric files (where applicable) for each submitted song.
- Jazz; All entrants in this Award Category are encouraged to provide scores for their submitted works;
- Classical: All entrants in this Award Category are encouraged to provide scores for their submitted works;
- Dance/Electronic: All entrants in this Award Category are required to provide lyric files (where applicable) for each submitted song.
- Film & Television: 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;
- Aboriginal and Torres Strait Islander: All entrants in this Award Category are to identify as Aboriginal and Torres Strait Islander; and are required to provide lyric files (where applicable) for each submitted song.
Eligible Entrants may only enter in respect of one Award Category
- The Smugglers of Light Foundation Music and Media Award: All entrants for this Award are to identify as Aboriginal and Torres Strait Islander; and are required to provide supporting submission information.
6. ONLINE ENTRY
To enter, Eligible Entrants must visit the Professional Development Awards portal and follow the prompts to:
- properly complete and submit an online Entry Form, completing all required details, agreements and acknowledgements;
- upload 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.
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.
All judges are subject to APRA AMCOS's Conflict of Interest Policy which can be viewed online here.
All entries will initially be judged by the Organiser in conjunction with its Partner Organisations. Entrants will choose a partner organisation at the time of entry. Entrants' nominations of Partner Organisations may be changed at the Organiser's discretion. At the end of the Awards Period, a short-list of Eligible Entrants will be compiled by the Organiser. No final decisions as to Short-listed Entrants or Winners will be made by the judges prior to the end of the Awards Period.
Short-listed Entrants for each Award Category will then be referred to separate judging panels for each Award Category, with each judging panel made up of composers, songwriters, publishers, broadcasters, producers and educators. Entries will be judged equally on melody, composition, originality, and lyrics (when applicable).
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. Each 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 SHORT-LISTED ENTRANTS AND WINNERS
The Organiser will notify all Short-listed Entrants by email by Monday 19 June 2017 using the contact details provided on the online Entry Form, that they have been short-listed for an Award. The Winner of each Award Category (including the 3 winners of the Popular Contemporary Award) will be announced on Tuesday 25 July 2017. The Organiser will not be held liable for any unforeseen delays in the judging process.
Each Winner (except for The Smugglers of Light Foundation Music and Media Award winner) will receive:
- $15,000 cash courtesy of APRA AMCOS;
Smugglers of Light Foundation Music and Media Award winner will receive a grant of $12,000.
Total prize value over $140,000.
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 redeemable for cash, 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
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 South Wales and all Entrants irrevocably and unconditionally consent to the exclusive jurisdiction of the state and federal courts of New South Wales.
By entering the 2017 APRA Professional Development Awards you agree to the terms and conditions as listed above.