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terms & conditions

1. The promoter of this Competition is the Australian Broadcasting Corporation (ABN 524 292 78345), 700 Harris Street, Ultimo, New South Wales, Australia via triple j Unearthed (the “Promoter”).

2. Each entry must be entered in accordance with these Terms and Conditions. By entering the Competition, each entrant agrees to be bound by these Terms and Conditions. The Promoter may in its discretion refuse to award any prize to any entrant who fails to comply with these Terms and Conditions. These terms and conditions are in Addition to the general Unearthed Artist agreement and user terms and conditions. For the avoidance of doubt, in the event there is a conflict between these Terms and Conditions stated hereunder and the general Unearthed Artist agreement and user terms and conditions, the terms stated hereunder shall prevail.

3.The Competition opens at 9am AEST on Monday 21st September 2015 and closes midnight Sunday 18th October 2015 (“Competition Period”). Any entry received after the expiry of the Competition Period will be deemed invalid. No responsibility is accepted for late, lost, delayed or misdirected entries.

4. To enter the Competition, you must: (a) sign up or be currently registered as an artist on triplejunearthed.com and sign the artist agreement; (b) download parts for “Ukiyo” by the Hermitude on triplejunearthed.com (c) produce an original audio recording which incorporates any part of Ukiyo provided (d) submit the Remix through the website and add “HRMX” at the end of the track title.

5.You may download parts for Ukiyo from the website and include Ukiyo or any part of Ukiyo on the understanding that: (a) you must not use any part of Ukiyo for any purpose other than for the purpose of including Ukiyo in the Remix. For the avoidance of doubt you confirm you will not exploit, or allow others to exploit, the Remix created by you without seeking the prior written approval of Hermitude; (b) You must not sell the Remix of Ukiyo; and (c) any use of Ukiyo by you will not create in you or any other person (other than Hermitude and its authorised publishers) any right, title or interest in the recording or musical composition of Ukiyo and each such right, title and interest remains the exclusive property of each of those entities; (d) You warrant that any Remix created by you will not incorporate any samples or other materials which are subject to third party proprietary rights (for the avoidance of doubt this includes but is not limited to, other Hermitude sound recordings) or otherwise infringe the rights of any third party; (e) You confirm that any Remix created by you is not defamatory, libellous, hateful, racially or ethnically offensive, gives rise to civil liability, or violate any law; (f) You will be credited as the creator of the Remix in a form to be determined by the Promoter; and (g) If you are selected as the Prize Winner (as defined below) the Remix shall be broadcast on Triple J and communicated via websites owned or controlled by Triple J.

6. Hermitude or its sub-licensees or assigns will not exploit the Remix without your prior consent;

7. The Remix which is judged by a panel of judges to be the best will win the prize (“Prize Winner”).

8. Each entry will be judged on creative merit. Chance plays no part in determining the Prize Winner. The Prize Winner will be determined at the registered office of the Australian Broadcasting Corporation. The judges’ decision is final and binding upon all entrants and no correspondence will be entered into. If the prize winner is under 18 years of age, the prize may be awarded to the winner’s parent or guardian. The Promoter reserves the right to withdraw or change the conditions of the competition at any time.

9. The Prize Winner will receive: (a) the opportunity for one Prize Winner and one person nominated by the Prize Winner to meet the members of Hermitude during their next tour of Australia (Festival Hall Melbourne, or Hordern Pavilion Sydney); (b) 2 x tickets to a Hermitude concert closest to the Prize Winner’s place of residence. (“Tickets”); (c) triple j prize pack. the contents of which shall be at the sole discretion of Triple J; and (d) a Hermitude prize pack the contents of which shall be at the sole discretion of Hermitude.

10. The Promoter accepts no responsibility for any variation in prize. A substitute prize will not be offered to the Prize Winner with respect to a prize not claimed by the Prize Winner on the date notified by the Promoter.

11. The Prize Winner is responsible for all costs associated with using the prize including travel costs.

12. If this competition is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, then the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the competition, as appropriate. The Promoter and their associated agencies shall not be liable in any way if the performance of their obligations hereunder is delayed or becomes impossible by reason of any ‘Act of God’, war, fire, earthquake, strike, sickness, accident, civil commotion or any other cause.

13. You warrant that you will use Ukiyo only in accordance with these Terms and Conditions and you will indemnify the Promoter against any loss or damage resulting from any breach of the representations and warranties made by you herein.