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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, available below. 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 Thursday 9th February 2012 and closes midnight Sunday 4th March 2012 (“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 “Now You’re Gone” by the Hilltop Hoods (produced by Trials and available from triplejunearthed.com);
    (c)produce an original audio recording which incorporates any part of Now You’re Gone and which is remixed with the entrant’s own original material (“Remix”);
    (d)submit the Remix through the website and add “HHRMX” at the end of the track title.

 

  • 5.You may download parts for Now You’re Gone from the website and include Now You’re Gone or any part of Now you’re Gone on the understanding that:
    (a) you must not use any part of Now You’re Gone for any purpose other than for the purpose of including Now You’re Gone 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 Hilltop Hoods;
    (b) You must not sell the Remix of Now You’re Gone; and
    (c) any use of Now You’re Gone by you will not create in you or any other person (other than Hilltop Hoods and its authorised publishers) any right, title or interest in the recording or musical composition of Now You’re Gone 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 Hilltop Hoods 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 exclusively broadcast on Triple J and communicated via websites owned or controlled by Triple J.

 

  • 6. Hilltops Hoods 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 the Prize Winner and one (1) person nominated by the Prize Winner to meet the members of Hilltop Hoods during their next national tour of Australia (date of meeting cannot be specified at this time and is subject to availability of individual members of the group);
    (b) 2 x tickets to a Hilltop Hoods 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 Hilltop Hoods prize pack the contents of which shall be at the sole discretion of Hilltop Hoods.

 

  • 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 Now You’re Gone 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.

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General Unearthed Terms and Conditions

triple j Unearthed provides a space for people to showcase their music, give their opinions and interact with one another. While encouraging this engagement, we expect all users to treat each other with respect and courtesy. You may use and contribute to the site subject to the following terms and conditions.

 

  • 1. MUSIC USAGE
    1.1 All material on triplejunearthed.com is protected by copyright law and by international treaties. You may download this material and make a reasonable number of copies of this material only for your own personal use. You may not otherwise reproduce, distribute, publicly perform, publicly display, or create derivative works of this material, unless authorised by the appropriate copyright owner.

 

  • 2. REGISTRATION AND NICKNAMES
    2.1 To contribute to triplejunearthed.com users are required to register. Registration will involve your submitting “Your Data” which is managed according to the Privacy Policy. By registering you agree that all information and details provided to us are accurate, true and up-to-date in all respects and at all times.
    2.2 When registering you will be asked to select a nickname and password. The ABC recommends that applicants use a pen name or pseudonym as their nickname (not their real name). Applicants must not intentionally use the name of another living person. 2.3 The ABC reserves the right to ref
    use login names at its sole discretion.
    2.4 The ABC will not accept any registration that the ABC suspects is being made by or on behalf of a member who has been suspended for repeated violation of these conditions of use.
    2.5 Repeated breaches of these Terms and Conditions may cause the ABC to lock and/or delete member registrations.

 

  • 3 USER GENERATED CONTENT
    3.1 User Generated Content includes all creative content uploaded onto triplejunearthed.com by users i.e. mp3s, photos, biographical details, reviews, comments, data posting and all other text material.
    3.2 You may be held legally responsible for the content you submit to triplejunearthed.com.
    3.3 All material published on triplejunearthed.com is at the ABC's sole discretion. All decisions are final and the ABC will not enter into any discussions or correspondence about why music/material have been rejected. There is no appeal process. Rejected music tracks that have been amended or re-saved may be resubmitted but, as above, they may be rejected at the absolutely discretion of the ABC.
    3.4 Your contribution may be edited, removed or not published if the ABC considers it to be:
    3.4.1 defamatory or otherwise unlawful or that it violates laws regarding harassment, discrimination, privacy or contempt;
    3.4.2 intentionally false or misleading;
    3.4.3 an infringement of intellectual property rights or copyright. See below for further information on copyright;
    3.4.4 abusive or offensive, including obscenity, blasphemy and racial vilification;
    3.4.5 of nuisance value, inappropriate, off topic or vexatious.
    3.4.6 compromising the privacy of yourself, other contributors or of ABC staff, or containing inappropriate personal information;
    3.4.7 seeking to endorse commercial products or activities or to solicit business;
    3.4.8 deliberate provocation of other community members;
    3.4.9 a posting on behalf of a suspended member. This may lead to you also having your membership locked.

 

  • 4. OFFENSIVE CONTENT
    4.1 The ABC endeavours to limit the use of offensive language and images on triplejunearthed.com. However, the expressions and use of language and images on this website is sometimes beyond the control of the ABC. Accordingly, the ABC disclaims all responsibility for the use of offensive language and images.

 

  • 5. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
    5.1 The names, images and logos identifying triple j Unearthed, triple j, ABC and all ABC associated companies or third parties and their products and services are proprietary marks of the ABC, its associated companies and/or third parties. All copyright, trade marks and other intellectual property rights in this site (including the design, arrangement and look and feel) and all material or content supplied as part of the site, other than “User Generated Content” and “Your Data” (see privacy policy, shall remain at all times the property of the ABC or ABC's licensors.

 

  • 6 THIRD PARTY SITES/LINKS
    6.1 The ABC is not responsible for the availability or content of any third party websites or material you access through this site. The ABC does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third party websites or material.

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General Unearthed Artist Agreement

 

  • 1. triple j Unearthed is a national initiative to discover unsigned musical talent throughout Australia organised by triple j. The triple j Unearthed website allows you - the artist - to promote and market your music by making available to the public up to 3 tracks (“Tracks”) at any one time for streaming and download.

 

  • 2. triple j Unearthed is an ongoing initiative that allows your Tracks to be heard 24/7 by us here at triple j and by the public. Your Tracks may also appear on our triple j mobile apps, and may be played on triple j radio or on our triple j Unearthed digital radio station, which are both accessible across the world.

 

  • 3. triple j Unearthed will launch various competitions throughout the year, and by uploading your Tracks to the website you are automatically entered into the competitions, where eligible. Competitions may be genre or geographically specific, and general terms and conditions can be found below, with details on specific competitions available here.

 

  • 4. Acceptance of these Terms and Conditions forms part of your entry.

 

  • 5. To be part of triple j Unearthed, you must upload your material via the website. This material must include a unique artist name, a one-sentence artist summary and a high quality mp3 recording of at least one Track, and may also include extra material such as a photo, biographic details, your own website URL and email address (the “Material”).

 

  • 6. To be part of triple j Unearthed, you must not be signed to a recording contract with any record company. You may be registered with the Australasian Performing Right Association (“APRA”). If you are registered, you will receive royalties from APRA if your music is played on triple j radio or on the triple j Unearthed digital radio station.

 

  • 7. Subject to the prior rights of APRA, if any, you grant triple j and its licensees and assignees a non-exclusive licence to exercise all rights in perpetuity throughout the world in any Material you submit at any time.

 

  • 8. If the ABC wants to exercise any other rights in your Material for profit or promotion, the ABC will seek permission for use, or negotiate with you in good faith for an appropriate fee or royalty rate.

 

  • 9. Your Material may be edited or adapted at any time in order to: a) meet the requirements of broadcasting authorities; b) adhere to any requirements of the ABC’s Editorial Policies, accessible at www.abc.net.au/corp/pubs/edpols.htm, and you acknowledge that, in accordance with these Editorial Policies, the ABC will have no obligation to publish or otherwise use your Material; c) ensure the Material meets any legal or classification requirements or to avoid any breach of law; d) use segments of the Material for promotional purposes for triple j .

 

  • 10. Subject to any prior rights you have already granted to APRA, you warrant and represent: a) you exclusively own or control, or are licensed in writing, all right, title and interest in the copyright in the Tracks, including control over all words and music and any sound recording embodied in the Tracks, to permit you to grant to the ABC all of the rights in this agreement; b) you have not granted any other entity or person any exclusive rights, which are inconsistent with the rights you are granting to the ABC; c) there is currently no claim by a third party, or argument, dispute or litigation regarding ownership of the Tracks or copyright ownership in the words and music in the Tracks; and d) you indemnify the ABC against any claims, damages or expenses that result from a breach of these warranties.

 

  • 11. ABC may use the Material for promotional purposes for triple j and triple j Unearthed on both ABC platforms and external sites, including but not limited to social media sites such as Facebook.

 

  • 12. If you are under 18, make sure you have the consent of your parent or guardian.

 

  • 13. To the full extent permitted by the law neither the ABC nor any associated agencies accepts any liability for any injury, damages, expenses or loss whatsoever (whether direct or consequential) to persons or property arising from or in connection with triple j Unearthed.

 

  • 14. You acknowledge that the ABC will allow users to listen to, reproduce, download and otherwise deal in the copyrights attached to and embodied in the Material. The ABC aims to ensure that use of the Material not authorised by the ABC will not occur, however you acknowledge that the ABC is not equipped with mechanisms to prevent unauthorised use of the Material, and you accept that, to the extent allowable under the law, the ABC has no liability to you for how the end user elects to use the Material, and as such it may be permanently stored, reproduced, copied, distributed or the like, without recourse or remedy against the ABC.

 

  • 15. You may remove part or all of your Material from the website at any time, however the ABC will retain a copy of your Material and will continue to be entitled to exercise all other rights under point 6.

 

  • 16. The triple j Unearthed Privacy Policy and the triple j Unearthed User Terms and Conditions both apply to triple j Unearthed. To the extent that there is any inconsistency, this Artist Agreement will prevail.

 

triple j Unearthed Competition General Terms and Conditions

 

  • 17. Entry to any triple j Unearthed competition is free, is open to Australian citizens and residents only, and is automatic on the uploading of your Material.

 

  • 18. To enter a triple j Unearthed competition, you must comply with the triple j Unearthed Artist Agreement above, and any additional Terms and Conditions applicable to the relevant competition.

 

  • 19. Winners of triple j Unearthed competitions will be determined by triple j staff, including presenters from specialist triple j music programs. The decisions of ABC staff are final and no correspondence will be entered into.

 

  • 20. Details of individual prizes, competition dates and winner notification can be found on the triple j Unearthed Competition page as appropriate.

 

  • 21. Winners’ names, and the city/town/suburb in which they live, may be announced on triple j and published in any other ABC broadcast or on any ABC website.

 

  • 22. The ABC may use any information, (including personal information) provided by you, in order to contact you for any reason in relation to triple j Unearthed. We will not give your personal information to any party outside of the ABC without your permission, in accordance with the ABC’s privacy policy (found at http://www.abc.net.au/privacy.htm).

 

  • 23. If there is an event which prevents or hinders the ABC's conduct of a triple j Unearthed competition or the ABC's ability to deliver the prize to the winner, then the ABC may in its discretion cancel any triple j Unearthed competition. Further, the ABC may at its sole discretion recommence it under the same conditions.

 

  • 24. The ABC may at its discretion refuse to award any prize to any entrant who fails to comply with these Terms & Conditions.

 

  • 25. The promoter is the Australian Broadcasting Corporation (ABN 524 292 78345), 700 Harris Street, Ultimo, New South Wales, Australia.

 

  • 26. ABC employees and their immediate families are not eligible to win any triple j Unearthed competitions.