Terms & Conditions

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1 GENERAL 

1.1 The following terms and conditions apply to ‘The Soundhive Featured Artist of the Month Competition’ which is conducted by The Soundhive Collective (‘Promoter’) ABN 77 274 676 182 of Suite 205, 131 George Street, Brisbane 4000.

1.2 By submitting an entry to the Competition, the Entrant acknowledges that they have read and agree to be fully unconditionally bound by these terms and conditions. 

1.3 The Competition will be promoted on Instagram (and at the discretion of the Promoter, other social media platforms and websites). The Entrant acknowledges that the Competition is in no way sponsored, endorsed or administered by, or associated with such social media platforms and agrees to release all social media providers from any liability associated with the Competition. 

2 ENTRY ELIGIBILITY

2.1 Entry is open to individuals who are emerging musicians or a group of musicians who are Australian citizens or are residing in Australia with a valid ABN. 

2.2. Entrants who are under the age of 18 years old on the date of entry (Minor Entrant) must have a parent or guardian’s approval to enter the Competition and the parent or guardian of the Minor Entrant must read and consent to these terms and conditions. 

2.3 The Promoter may disqualify any Entrant who fails to comply with these terms and conditions, manipulates the participation process, acts unfairly, dishonestly or unlawfully or who tries to influence the Competition by disruption, harassment, annoyance of employees or representatives of the Promoter, other participants and  fans, even if the basis for disqualification is only determined after the Competition close date and time. Basis for determination pertaining to this clause will be at the discretion of the Promoter. 

3 ENTRIES AND ENTRY FEES

3.1 Each entry will include original musical work and associated lyrics, where applicable (Song) is in recorded form. It is the Entrant’s responsibility to ensure that the recording submitted in respect of each entered Song is complete and playable and that all related information (e.g. Artist bio and Song information) are complete and up-to-date. The Promoter is not responsible for misappropriated entries.

3.2 There are no Competition entry fees. Entrants may enter up to four (4) times per year with different Songs for each submission. Entry does not guarantee placement as a Featured Artist in the Competition and does not guarantee that an Entrant will win a prize or derive any other benefit. The Promoter will contact the Entrant to confirm successful placement as a featured artist for the Competition month entered.

3.3 All entry materials submitted, including Electronic Press Kits (EPKs), artist and Song information and Song recordings will not be returned to the Entrant. Copies of entry materials may be retained by the Promoter for promotional purposes in accordance with these terms and conditions and stored in a shared cloud based location where the Entrant can access these files.  

3.4 The Entrant, and all other relevant copyright owners, will retain any copyright they hold at the time of submission, and all other rights controlled by the Entrant or other rights holders in any Song entered in the Competition. For the avoidance of doubt, no copyright in any Song or any recording of the Song entered will be assigned to the Promoter by virtue of entering this Competition.

3.5 The Entrant, herein, grants the Promoter all rights necessary for the Promoter to use the Song and the recording (audio and video versions) of the Song for the purposes of the Competition.

4 COMPETITION PERIOD

4.1 Competitions commences on the first day of each month at 9am AEST and closes on the last day of each month at 5:00pm AEST (Competition Period). The Promoter will create a new Competition Period for each month starting October 2023 to October 2024. The Promoter will not be liable for any changes to the Competition Period.

4.2 The Promoter will call for entries for each Competition Period within the month prior. Competition entry will close three (3) days prior to the first day of each month. Entries outside of this period may be considered.

4.3 Entries are deemed to be received at the time of receipt by the Promoter not the time of submission by the Entrant. The Promoter is not responsible for failure to receive any entry, whether for any cause beyond its control or otherwise.

4.4  Using the information provided by Entrants, the Promoter will create dedicated posts and stories for the selected Featured Artists and post to The Soundhive Instagram Page (and any other platforms applicable). Posts will be uploaded during the first week of the Competition month and the Promoter will use its best endeavours to drive engagement on behalf of the Entrants. 

4.5 By entering the Competition, the Entrant agrees to promote and share their dedicated posts, stories and other content created by the Promoter during the Competition Period to drive engagement.

5 WINNERS

5.1 The winning Entrant (#1 Featured Artist of the Month) will be determined by the public (Instagram subscribers). At 5.00 PM AEST on the last day of the month, the Entrant with the highest number of likes on their dedicated post will be determined the winner. Any other form of winners or ad-hoc Competitions (e.g. 24 hour polls) and associated prizes will be organised at the discretion of the Promoter and governed by these terms and conditions. 

5.1 The Promoter will use its best endeavours to announce the Winners within 24 hours of the last day of the month, but will not be held liable for any unforeseen delays in the process.

5.2 The Winners will be notified by direct message, email or telephone within 24 hours of the Competition close date and time. The Winners will also be announced and posted on The Soundhive Instagram page.

5.3 If a winning Entrant is a Minor Entrant, the Prize, or part of the Prize, will be awarded to the Minor Entrant’s parent or guardian on their behalf at the discretion of the Promoter.

5.4 Winners may be disqualified in the event that they (or their parent or guardian in the case of a Minor Entrant) refuse a request by the Promoter to sign a waiver of liability and indemnity in favour of the Promoter in respect of the Prize, in a form reasonably determined by the Promoter.

6 PRIZE

6.1 The Entrant determined as the First Place Winner will receive AUD $500 cash or equivalent value in contribution to an agreed cost associated with the progression of the Entrant’s musical journey (e.g. Flights, studio recording, new equipment)

6.2 No responsibility is accepted by the Promoter for any variation in the value of the Prize or part of the Prize. If, for any reason, the Prize, or part of the Prize, is not available or otherwise cannot be granted by the Promoter and has a value, the Promoter reserves the right to substitute the Prize, or part of the Prize, for a prize of similar value.

6.3 The Promoter may at times collaborate with Partners and Sponsors to offer other prizes. These Prizes will fall under the special conditions and expiry dates of the Partner or Sponsor. Partners and Sponsors hold the right to vary the value of the Prize and withdraw from their commitment at any time outside of the agreed month. The Promoter holds no responsibility for any Prize and or variations offered outside of the AUD $500 offered for the first place winner.

6.4 The winner must prove his or her identity to the satisfaction of the Promoter before redeeming any Prize. The Promoter may declare a Prize unclaimed if a winner is unable to prove their identity to the reasonable satisfaction of the Promoter.

6.5 The Prize must be redeemed within the first week (7 days) of the subsequent month. If the Prize is not redeemed by this timeframe the winner will forfeit the Prize.

6.6 If a Prize is forfeited the Promoter will award components of the Prize to the subsequent winners.

6.7 The Promoter has the right to request expenditure evidence from the Winner to ensure that the Prize/s have been used to contribute to the Winner's musical journey. 

7 PRIZE CONDITIONS

7.1 The applicable Prize will be awarded in full to the individual Entrant who submitted the Song for which a Prize was awarded. The subsequent division of that Prize among co-writers (if any) is the responsibility of that Entrant.

7.2 The Prize is not transferable or exchangeable. The Promoter is not liable in any way if the Winners cannot receive, accept or use any element of the Prize for any reason. The Prize (or any part thereof) may be cancelled at the Promoter's discretion if Winners attempt to transfer it.

7.3 The Promoter will not cover any associated costs in connection with the Winners' use of the Prize. Without limiting anything else in these terms and conditions, the Winners are not entitled to any reimbursement of any kind as a result of entering the Competition or enjoying or participating in the Prize or part of the Prize. Any taxes payable in relation to the Prize are the sole responsibility of the Winners.

7.4 The Promoter (and its Partners and Sponsors) reserves the right, in its absolute discretion, at any time during the Competition period, to vary, withdraw, postpone or cancel the Competition or Prize including without limitation, in circumstances where it cannot conduct the Competition or grant any part of the Prize for any reason beyond its control. 

7.5 The Promoter has the right to refuse to allow any Winner to take part in all or part of the Prize, if the Promoter deems, at its discretion, that it is not appropriate for that Winner to take part in all or part of the Prize for any reason.

7.6 If an Entrant or winner is not successfully contacted within 7 days of determination, the Entrant may be disqualified and a replacement Entrant or winner (whichever is applicable) selected by the Promoter. 

7.7 Regardless of whether an Entrant or winner is contacted or contact is attempted by the Promoter, if that winner does not claim their prize by the specified time, the Promoter reserves the right to void that entry and/or select another winner.

8 LICENCES, WARRANTIES AND INDEMNITIES

8.1 By entering the Competition, the Entrant warrants to the Promoter in respect of each Song submitted in this Competition that:

(a) The Entrant is the author or co-author of the Song.

(b) The Entrant owns the copyright in the Song and is entitled to submit the musical work as a part of and for the purposes of this Competition.

(c) The Song does not infringe the rights of any third party, including copyright, and all efforts have been taken to avoid any such infringement.

(d) The Entrant has obtained written permission from any co-writer or publisher controlling any rights in the entered Song.

(e) The Song is not offensive, inappropriate, defamatory, or is otherwise not against the law.

8.2 By entering the Competition, the Entrant shall indemnify and hold the Promoter harmless from and against any claims inconsistent with the foregoing.

8.3 By entering the Competition, The Entrant agrees:

(a) That all Songs and content entered may be distributed via social media platforms for the public to view and vote (Instagram like).

(b) That the Promoter may, in its sole discretion, take down any Song from any platform, or disqualify an Entrant for a Song that the Promoter deems to be offensive, inappropriate, defamatory, infringes the rights of any third party including copyright or is otherwise against the law.

(c) That should an Entrant’s Song be selected as a Winner, the Promoter shall have permission to use that Song and the recording of that Song, as well as the Entrant’s name, country, likeness, and voice, solely for any and all advertising and publicity purposes in connection with the Competition, as well as on the Promoter’s website and through its social media channels without additional compensation.

8.4 The Promoter (and any party associated with the Competition and the Promoter) will not be liable for:

(a) Any loss, damage, payment or expense of any kind (including but not limited to indirect or consequential loss or damage caused by the Promotor’s or other party’s negligence), or personal injury or other damage suffered or sustained as a result of entering, running, cancellation or acceptance, enjoyment or use of the Competition or the Prize (or part thereof), except for any liability that cannot be excluded by law. 

(b) The Entrant indemnifies the Promoter against all liabilities, losses, damages, costs and expenses (including all legal costs, whether incurred or awarded) suffered or incurred by the Promoter in relation to any breach by the Entrant of its obligations under these terms and conditions.

(b) The loss or destruction of any entry materials. Entrants should retain a copy of all materials submitted, including a copy of the recording of the Song.

(c) Any loss or damage of any kind (including but not limited to indirect or consequential loss or loss or damage caused by the Promoter’s or other party’s negligence) arising out of, or in connection with, the postponement or variation of the Competition or the Prize (or part thereof).

8.5 Entrants agree to release, indemnify, and hold the Promoter and associated Sponsors, Ambassadors and Partners harmless for any liability, damages, or claims for injury or loss to any person or property relating to, in whole or in part, directly or indirectly, participation in the Competition.

9 PRIVACY

9.1 All details of the Entrant will be held in accordance with the Australian Privacy Act 1988. Any personal information of the Entrant will only be used for the purpose of the Competition. The Promoter will not, without the Entrant’s consent, disclose or permit access to the Entrant’s personal information other than for the purpose of this Competition.

9.2 The Promoter may disclose and publish the name and any other particulars of the winner (including photographs) for publicity and promotional purposes and if an Entrant is the winner they agree to cooperate with and participate in any activities organised by the Promoter.

10 PARTICIPATION

10.1 Participation in the Competition constitutes the Entrant’s unconditional agreement to and acceptance of the Terms and Conditions. The Terms and Conditions may change from time to time. The Entrant is responsible for ensuring his or her familiarity with the Terms and Conditions for the Competitions at the time of participation. The Promoter’s decision not to enforce a specific restriction does not constitute a waiver of that restriction or of the Terms and Conditions Competition generally.

10.2 As a condition of participating in this Competition, the Entrant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Competition, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Brisbane, Queensland Australia having jurisdiction. Further, in any such dispute, subject to applicable laws, under no circumstances shall the Entrant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than Entrant's actual out-of-pocket expenses (i.e. costs associated with entering this Competition). Entrant further waives all rights to have damages multiplied or increased.

13 MISCELLANEOUS

13.1 Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.