1. TERMS AND CONDITIONS
The following information forms part of the terms and conditions of entry to the APRA 2011 Professional Development Awards (Professional Development Awards). By entering the Professional Development Awards, Nominees agree to be bound by these terms and conditions.
2. ORGANISER
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. ELIGIBILITY
Entry into the Professional Development Awards is limited to songwriters who:
- Are either Australian citizens or have been legally resident in Australia for a minimum of 2 consecutive years on 1 January 2011; or an APRA member
- Have not previously won an APRA Professional Development Award; and
- Comply with these terms and conditions of entry.
Employees (and members of their immediate families) of the Organiser are ineligible to enter.
4. ENTRY CRITERIA AND AWARD CATEGORIES
Nominees for the Professional Development Awards must submit a properly completed Nomination Form together with three (3) recordings of original musical compositions written or co-written by the Nominee. Nominations may only be lodged by individual songwriters (co-writers should nominate separately). Nominees 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.
Nominees may apply for a Professional Development Award in any one of the following Award Categories:
- Popular Contemporary (including Pop, Rock, Blues, Folk, Hip Hop, Dance and R&B) – 3 Awards are given in this Category;
- Country;
- Jazz;
- Classical;
- Film & Television;
- Indigenous;
- The Jessica Michalik Contemporary Music Endowment; and
- The UTAS Stephen Schwartz Songwriting Award.
Nominees may only apply in respect of one Award Category (except Nominees for the Jessica Michalik Contemporary Music Endowment and the UTAS Stephen Schwartz Songwriting Award who may apply for the Jessica Michalik Contemporary Music Endowment, the UTAS Stephen Schwartz Songwriting Award and one other Award Category, provided separate applications for each Category are lodged).
5. ONLINE ENTRY
To enter online, Nominees must follow the directions on the Professional Development Awards online Nomination Form and properly complete and submit an online Nomination Form, together with recordings of their 3 songs in MP3 format and lyric sheets, via the website specified on the Nomination Form before the Closing Date.
6. PHYSICAL ENTRY
To enter by physical mail, Nominees must follow the directions on the Professional Development Awards Nomination Form and properly complete and submit a physical Nomination Form, together with recordings of the 3 songs in CD format (clearly labelled with Nominee’s name and song titles) and lyric sheets, to ONLY ONE of the Organiser’s Partner Organisations specified on the Nomination Form before the Closing Date.
7. CLOSING DATE
All entries must be received online or by post no later than 11.59pm on 29th November 2010. The Organiser accepts no responsibility for any changes in the Professional Development Awards closing dates. Late nominations will not be accepted.
8. ENTRY MATERIALS
It is the Nominee’s responsibility to ensure that the recording submitted in respect of each song is complete and playable. The Organiser is not responsible for late, lost, damaged, misdirected, postage due, stolen, or misappropriated entries. All entry materials (Nomination Forms, MP3 recordings, CD recordings, and lyric sheets) submitted will not be returned to Nominees. Copies of entry materials may be retained by the Organiser strictly for promotional purposes in accordance with these terms and conditions. Otherwise, all entry materials will be destroyed after the Winners are announced. Any false information provided as part of a Nominee’s entry materials will result in the automatic disqualification of that Nominee.
9. OWNERSHIP
All Nominees (or their publisher if applicable) will retain all copyrights and all other rights controlled by them in all songs entered in the Professional Development Awards. For the avoidance of doubt, no copyrights in any song entered will be assigned to the Organiser by virtue of a Nominee entering the Professional Development Awards.
10. JUDGING
All entries will initially be judged by the Organiser in conjunction with its Partner Organisations.
Shortlisted nominations 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 Nominees with feedback or a critique in relation to entered songs. Each judging panel’s decision is final and no correspondence will be entered into.
11. NOTIFICATION OF SHORTLISTED NOMINEES AND WINNERS
The Organiser will notify all Shortlisted Nominees by email, post or telephone, using the contact details provided on the Nomination Form, that they have been shortlisted for an Award. The Winner of each Award Category will be announced at a function in Sydney on 14 March 2011. The Organiser will not be held liable for any unforeseen delays in the judging process.
12. AWARDS
Subject to the following paragraph, each Winner will receive the following Award:
Each PDA winner will receive:
- $12,000 cash and Apple MacBook Pro 15-inch + Logic Studio courtesy of APRA|AMCOS
- Full day of studio time, including engineer, at Studios 301
- Distribution deal with MGM/Leading Edge (Popular Contemporary, Country, Film & TV, Indigenous winners only)
- Digital distribution courtesy of MGM (Popular Contemporary, Country, Film & TV, Indigenous winners only)
- Digital distribution courtesy ABC Music (Jazz and Classical Award winners only)
- PCR300 Controller Keyboard and DR80C Condensor Microphone courtesy of Roland
- A unit of study in the Australian Institute of Music's (AIM) Bachelor of Music Program.
- Attendance at the Seed Workshop (for 3 x popular contemporary winners only) courtesy of The Seed – an arts grant fund
- Attendance at the ASCAP US Film & TV Workshop (for Film & TV winner only) courtesy of ASCAP
Total prize package valued at over $25,000
Jessica Michalik Contemporary Music Endowment winner and the UTAS Stephen Schwartz Songwriting Award winner, will each receive a development grant of $10,000.
13. PRIZE CONDITIONS
Each Winner’s entitlement to the Award described above is subject to the following:
- Each Award (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 an Award for any reason. An Award (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 an Award other than those expressly stipulated above or on the Professional Development Awards entry form. Any taxes payable in relation to Awards are the sole responsibility of the Winners.
- Organiser reserves the right, in its absolute discretion, at any time during the Professional Development 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, 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).
- The Organiser has the right to refuse to allow a Winner to take part in all or part of an 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 an Award for any reason.
- Organiser reserves the right to amend or substitute any of the Awards described above at its discretion without notice to Nominees.
- If a Winner is under the age of 18 years, the prize will be awarded to the Winner's parent or guardian on the Nominee's behalf.
14. WARRANTIES AND REPRESENTATIONS
Nominees warrant and represent that: (a) 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; (b) if any of their songs are co-written or co-created, they have the consent of their co-writers to submit such song, grant the licenses and releases herein, and participate in the Professional Development Awards; (c) they own and control all copyrights and other rights in and to the 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; (d) 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 songs and other materials by Organiser as set forth herein; (e) their songs were recorded and otherwise prepared in all respects in accordance with the rules and regulations of all unions and similar associations having jurisdiction; (f) any songwriter, publisher, artist and/or producer credits that they provide to Organiser will be accurate; and, (g) they have read these Terms and Conditions and that they meet all the eligibility requirements to participate.
15. PRIVACY AND RELEASES
Nominees agree that, as a condition of their application for a Professional Development Award, they: (a) release the Organiser and its employees, directors, officers, subsidiaries, affiliates, promotional agents, and judging panelists from any and all liability, claims, or actions in connection with their participation in the Professional Development Awards; (b) agree that their name, photos, or likeness, statements, submitted songs and 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 (c) 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.
16. NO SALES OR EXTRAORDINARY PAYMENTS
The Organiser will not sell copies of any songs or recordings entered in the Professional Development Awards or otherwise distribute copies of such songs or recordings other than for Organiser’s promotional purposes. Nominees acknowledge that they will receive no royalty payments or payments of any kind from the Organiser, including for the performance of their songs in connection with the Professional Development Awards, other than those that they may be eligible to receive through APRA' s usual distribution system (if they are an APRA member).
17. 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 Nominees irrevocably and unconditionally consent to the exclusive jurisdiction of the state and federal courts of New South Wales.
By entering your songs in the 2011 Professional Development Awards you agree to the terms and conditions as listed above.