Before We Begin
We understand that legal talk can be daunting and easily misunderstood... not to mention boring. That's why we had our legal-ninjas translate ours into plain english so that you can understand what you're signing up for.
It's only fair, and we have nothing to hide (umm.. except our Westlife Greatest Hits CD).
We are also keen to hear your thoughts, suggestions or criticism - please email firstname.lastname@example.org with your ideas.
Basically, You Agree That:
- The UMAs will happen, but they might not happen, and you won't hate us if they don't. -
- If we invite you to the show, you won't mind us filming you and using your beautiful face (or music) in our broadcast and the promotion of it, but we can't be mean and do anything like sell it behind your back. -
- We can help you make some money (£150 - £5,000) by getting your music placed on Film, TV and Video Games... but only if you say we can. Oh, and like everything in life, we'll ask you to give us a little thank you (7.5%) for hooking it up. -
- You own your content (always) but also give us a license to use it for any promotion or advertising of UMA, including anything we might do with our partners. -
- If anything technical goes tits up, it's not our fault, it's someone else's. Maybe... -
- If you drop your iPad, trip over the dog or rack up a huge phone bill whilst on our website or daydreaming about winning... that's not our fault either. -
- Don't do anything rude, naughty or illegal and we won't either. Everyone's happy. -
- If you tell porky-pies (lies) about being unsigned, we'll find out, and you'll be grounded, so don't lie. -
- If you do get signed after applying. Great! But please tell us so we don't look silly. -
- You have to make your own way to the show if you're invited. Duhh! -
- If they like you, our partners might offer you some contracts from time to time, but you don't have to take them. -
- If you win an Award, but you screen our calls and ignore our emails for two weeks, we'll give it to someone else who cares.
Terms and Conditions
1. THE PROMOTER
- The promoter is: UNSIGNED MUSIC AWARDS LIMITED incorporated and registered in England and Wales with company number 9591835 whose registered office is at Charlie Carne & Co, 49 Windmill Road, London, W4 1RN.
2. THE COMPETITION
- The title of the competition is UNSIGNED MUSIC AWARDS. 2.2
- A competition exclusively for unsigned artists which culminates in a televised awards ceremony to be held in London on 27th October 2016 (“the Awards”) which the Promotor proposes but does not undertake to produce. 2.3
- The competition will be arranged into sixteen (16) different categories and entrants will judged by a panel of up to one hundred (100) judges selected by the Promotor from across the music industry. 2.4
- The winners of each category will be invited to attend the Awards to collect their awards and in some cases to perform live before the audience. 2.5
- You hereby confirm that you irrevocably grant to Promotor all necessary consents for the Promotor to film and record your performances at the Awards and to use recordings featuring your performances and/or to use your name and likeness in connection with the Awards and to exploit the same in all media throughout the world in perpetuity without any payment to you. For the avoidance of doubt, we shall not without your written consent be entitled to exploit your recordings for commercial gain by way of record or digital downloads save for the purposes of making the same available on our website at: http://theunsignedmusicawards.com/ (“the Website”) for promotional purposes and on other promotional material. 2.6
- Notwithstanding the foregoing, if you tick the opt in box on the entry form, the Promotor shall be entitled, but not obliged, to make available the recordings on the Cue Songs website at http://www.cuesongs.com/ for the purposes of exploiting the recordings on your behalf. You shall be entitled to withdraw your recordings from the Cue Songs website on 24 hours’ written notice. Promoter will promptly remit to you all sums received from the exploitation of your recordings on the Cue Songs website less a seven point five per cent (7.5%) commission fee.
3. HOW TO ENTER
- The competition will run from 00.01 hours on 12th June 2015 (the "Opening Date") to 23.59 hours on 31st August 2016 (the "Closing Date") inclusive. 3.2
- All competition entries must be received by the Promoter by no later than 23:59 on the Closing Date. All competition entries received after the Closing Date are automatically disqualified. 3.3
- To enter the competition:
- Complete an entry form, which can be found on the Website by the Closing Date. (b)
- Upload up to four (4) recordings of your performances onto the Website and a video incorporating not more than one of your recordings. (c)
- You hereby irrevocably grant us and our partners all necessary rights to exploit the recordings and if applicable the video, including your name and likeness, in connection with the Awards in all media throughout the works in perpetuity without payment. For the avoidance of doubt we shall not be entitled to exploit for commercial gain records incorporating the recordings or make the same available for download without your prior written consent. For the avoidance of doubt we shall be entitled to exploit the same for promotional purposes.
- There is no charge to register for use of the Website or to enter the competition. 3.5
- The Promoter will not accept any responsibility whatsoever for any technical failure or malfunction or any other problem with any online applications, telephone networks, line, system, server, provider or otherwise which may result in any applications not being properly received. 3.6
- By submitting a competition entry, you are agreeing to be bound by these terms and conditions and the website terms and conditions. 3.7
- For help with entries, please see the Website. 3.8
- The competition entries will be judged by a panel of one hundred (100) judges selected by the Promotor and five nominees in each category will be put forward to a public vote. The decision of the panel of judges and the public vote will be final.
- The competition is open to residents of the UK and overseas (but entrants from overseas must have a valid visa and be entitled to enter the UK in the event that they are invited to attend the Awards), except:
- employees of the Promoter or its holding or subsidiary companies; (b)
- employees of agents or suppliers of the Promoter or its holding or subsidiary companies, who are professionally connected with the competition or its administration; or (c)
- members of the immediate families or households of (a) and (b) above.
- If you are under 18 years of age you must be accompanied by a parent/guardian to the Awards and you must have permission from a parent/guardian before applying to the competition. The Promoter reserves the right to request proof of age and/or consent and the Promoter may require you to provide proof that you are eligible to enter the competition. 4.3
- It is of the essence of the Awards that you can demonstrate that from the time you enter the competition to the date of the Awards ceremony you are not bound by or subject to any type of third party recording contract with a third party which in the reasonable opinion of the Promotor might properly be construed as meaning you are “signed” and that no such contract will come into force during your participation in the competition. 4.4
- You will be asked as part of the application process to make a full disclosure of the existence of all contractual arrangements relating to your recording services which you have previously entered into or may come into force on or at any point after the date of application. The existence of any such prior contractual arrangement shall not necessarily preclude your participation in the competition and in the event that you are offered a recording agreement following your entry but prior to the Awards ceremony you must immediately notify us. If the Promotor determines in its absolute discretion that any such contractual arrangement might prevent you from participating in the competition then it reserves the right to disqualify or refuse entry into the competition. 4.5
- As part of the application process we might at some point create you a free artist mobile app with Muzivo (http://www.muzivo.com/) a technology company also operated by the UMA team, via which we will transfer your submitted recordings and videos together with any other material. Login details and management of your artist app will be sent to you exclusively, so that you remain in full control of your work. 4.6
- By completing the entry form and/or downloading the Muzivo app you agree to be bound by Muzivo terms and conditions. 4.7
- The Promoter will not accept competition entries that are:
- automatically generated by computer; (b)
- multiple or completed by third parties or in bulk; (c)
- contain intellectual property not owned or controlled by third parties (i.e. make sure you have the rights to use anything you upload whether it's music photos, vidoes etc. and that you have not already signed over the rights to another company or person as part of a previous deal).
- There is a limit of one entry to the competition per artist. Joint submissions are allowed. 4.9
- The Promoter reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of the competition or you provide untruthful, inaccurate or misleading information. 4.10
- Competition entries and any submitted recordings and/or videos cannot be returned.
5. THE WINNERS
- All entries will be judged in accordance with the procedures set out on the Website and the winners of each of the sixteen categories will be invited to the Awards where they will receive an award pertinent to their category. Award winners. The Award winners shall be responsible for their own travel, accommodation, food and drink or personal expenses. 5.2
- The Promotor has also entered into partnerships with various industry organisations and businesses and the winners and any other entrants selected by the Promotor will be invited to work with such third parties on terms to be agreed, but which may consist of free or discounted advice, studio time and or equipment. 5.3
- You will be responsible for ensuring that you are available to attend the Awards and the Promotor reserves the right to withdraw the award at any time prior to the Awards in the event that you are unable to attend the Awards. You must notify the Promotor immediately if you are unable to attend.
6. WINNER ANNOUNCEMENT
- The winners of the competition will be announced on the Website by October 28th 2016 (Announcement Date). 6.2
- The decision of the judges nominated by the Promoter is final and no correspondence or discussion will be entered into. 6.3
- The Promoter will contact the winner personally as soon as practicable after the Announcement Date, using the telephone number or email address provided with the competition entry. 6.4
- A list of Winners can be viewed on the Website from the Announcement Date.
7. CLAIMING THE AWARD
- If you are the winner of an award, you will have fourteen (14) days from the Announcement Date to confirm your acceptance of the award and your availability to attend the Awards and if requested to perform at the Awards. If you do not provide such confirmation by this date, the Promotor reserves the right to treat your award as invalid. 7.2
- The Promoter will make all reasonable efforts to contact each of the award winners. If any award winner cannot be contacted or is not available, or has not confirmed in accordance with clause 7.1 above, the Promoter reserves the right to offer the award to the next eligible entrant.
8. LIMITATION OF LIABILITY
- You are solely responsible for paying all expenses you may incur when you access or use the Website including without limitation your internet or data service provider charges and any excess charges to that provider if you have a limit on the amount of data you can download together with all costs of the equipment and facilities you need to connect to and use the Website. The Promotor is not responsible if your own equipment or software is not compatible with the Website. Without limiting the generality of the foregoing, the Promoter does not accept any liability for:
- any damage to your computer or software or for any loss of data that results from your use of the Website or the Muzivo app; 8.1.2
- any technical failure, malfunction, suspension and/or any termination of the Website or the Muzivo app which may result in any application not being properly received or recorded or any alleged loss of opportunity or future earnings which might result therefrom; 8.1.3
- any claims brought against you by a third party; and/or 8.1.4
- any indirect, special or consequential loss or damage arising from your application, the use of the Website or the Muzivo app, including, without limitation loss of profits, loss of data, loss of anticipated earnings and loss of contract, however caused.
- Insofar as is permitted by law, the Promoter, its servants, agents or representatives will not in any circumstances be responsible or liable to compensate the winners or accept any liability for any loss or damage, occurring as a result of entering the competition or taking up the award except where it is caused by the negligence of the Promoter, its servants, agents or representatives or that of their employees. Your statutory rights are not affected.
9. OWNERSHIP OF COMPETITION ENTRIES AND INTELLECTUAL PROPERTY RIGHTS
- All competition entries and any accompanying material submitted to the Promoter will subject to the terms of clauses 2.5 and 3.3 above become the property of the Promoter on receipt and will not be returned. 9.2
- By submitting your application and any accompanying material, you agree to:
- Grant to the Promoter all necessary rights in your intellectual property; and (b)
- waive all moral rights,
- in and to your application entry and accompanying material which you may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world. 9.3
- You agree that the Promoter may, but is not required to, make your entry and the accompanying material available on the Website or the Muzivo app and any other media, whether now known or invented in the future, and in connection with any publicity of the competition. You agree to grant the Promoter a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in the competition entry and any accompanying materials, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the competition entry and any accompanying materials for such purposes.
10. DATA PROTECTION AND PUBLICITY
- If you are the winner of the competition, you agree that the Promoter may use your name, image and town or county of residence to announce the winner of this competition and for any other reasonable and related promotional purposes. 10.2
- You further agree to participate in any reasonable publicity required by the Promoter. 10.3
- By entering the competition, you agree that any personal information provided by you with the competition entry may be held and used only by the Promoter or its agents and suppliers to administer the competition. 10.4
- If there is any reason to believe that there has been a breach of these terms and conditions, the Promoter may, at its sole discretion, reserve the right to exclude you from participating in the competition. 11.2
- The Promoter reserves the right to hold void, suspend, cancel, or amend the competition where it becomes necessary to do so. 11.3
- The Promoter reserves the right to amend, alter, revise or change at any time these terms and conditions. 11.4
- These terms and conditions shall be governed by English law, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.