Terms & Conditions
Entry and Prize Details
By participating in the Feeling the Street Competition (the Competition) as a musician or as a voter, You (agree to be bound by the terms and conditions presented below (the Terms). Your entry must comply with the Terms in order to be valid.
Who can enter: Entry is open to anyone aged 18 years or over, excluding employees of the Promoter, their immediate families and anyone else professionally connected with the Promoter. To be eligible, You must not currently be under contract with a record label (for example, if You are an independent artist and currently holding a recording contract with a record label You are ineligible to enter the Competition).
Only eligible entries will be eligible to win a prize. To be eligible:
- You must be an individual street musician who can play instruments (or use vocals) that could be combined into a band or a voter who is eligible to vote in the Competition in accordance with the Terms.
- You must not hold a current recording contract with a professional music company, entity or individual agent.
- If registering as a musician You must play/upload an original piece of music (the Musical Work, as defined below), provided that any inappropriate content will be removed at the discretion of the Promoter.
- You must hold a current valid passport that will allow you to enter the country which will be selected by the Promotor as the location for the travel prize for the Competition (the Destination Country).
- You must not have a criminal prosecution that inhibits You from international travel to the Destination Country or have been refused entry to the Destination Country previously.
- You must be available for travel to the Destination Country in October 2016.
Voting deadlines, Entry Period and Winner Announcements:
- Competition opens for entries via the Site on 22nd July 2016 at 9:00am GMT+13 (the Opening Date) Competition closes for entries 2nd September 2016 (the Closing Date).
- Phase 1 Voting closes on 2nd September 2016 at 12.00pm GMT+13.
- The Top 40 musicians’ announcement will be on. 3rd September 2016 Phase 2 Pick your Band closes on 19th September 2016, where the 6 winning musicians (Winning Musicians (s)) will be picked by the voters (Voting Close Date)
- 6 Winning Musicians and 6 winners among the voters (the Roadies) will be announced From 20th to 26th September 2016.
Competition draw date:
The prize is time critical and the Winning Musicians and Roadies will be contacted within 3 days of the Voting Close Date. If You are a Winning Musician or a Roadie, attempts will be made to notify You by phone and email at the contact details provided on the Competition entry. If the Promoter, having used reasonable efforts, is unable to contact You within a reasonable amount of time after the Voting Close Date, then You will not receive a prize and the musician in the Competition with the next highest number of votes (in case of the Winning Musician) or another voter (in case of the Roadie) will be contacted to take Your place as one of the 6 Winning Musicians or the 6 Roadies (the Next Participant). Once contacted by the Promoter, You will be required to sign a copy of these terms.
Method of Entry:
To enter the Competition, You must complete the following process during the period from the Opening Date to the Closing Date (the Entry Period): If registering as a ‘voter’, You will need to visit the Site and login to register using a personal Facebook account (the Voter). If entering the competition as a musician, You will need to visit the Site and login to register with a personal Facebook account, complete the profile page requirements (name, age (optional), home city, home country, song title, bio), select entry category and include a YouTube URL for your Musical Work in the appropriate box.
An itinerary for the Travel Prize at the Destination Country will be advised through the Site and will include the Road Trip and may include one or more free public performances (the Performances)
Daily Payment (GST exclusive):
The Winning Musician and the Roadies will each be entitled to the equivalent of $AU50.00 per day spending money (Daily Allowance). No other payments, fees or reimbursements shall be paid to the Winning Musician or the Roadies.
Obligations while in the Destination Country and prior to arrival:
- You agree to be available at reasonable notice to participate in media and public relations promotion of the Competition in the week prior to your arrival in the Destination Country and in the weeks following your return to your home country.
- While in the Destination Country You are encouraged to participate in the planned activities with the other Winning Musicians to the best of Your ability and skill and carry out all reasonable safety instructions given by the Promotor; however you will not be required to provide any performance or to participate in any activity. These are voluntary but are intended for you to enjoy and to help you to develop as a musician
- You will not exhibit any behaviour (verbal or otherwise) which is defamatory or likely to bring the Promotor into disrepute.
- You will abide by the Promotor’s Social Media guidelines as outlined in Appendix A and you expressly permit the Promotor to copy, use and re-post any social media that You post during the Competition including while in the Destination Country.
- You warrant that there are no patent, trade mark, copyright, registered design or other intellectual property rights held by third parties which may be infringed by your participation in the Competition.
- You shall not accept or agree to accept, whether directly or indirectly, any money, service or valuable consideration for any verbal or non-verbal “plug” or product endorsement and will not wear any article of clothing on camera sporting a designer name, sports or other logo or bearing the name and/or likeness of a celebrity unless expressly permitted by the Promotor.
- You will not engage in any paid busking or receive any money whatsoever while in the Destination Country other than the Daily Allowance.
- You shall not authorise or take part in any publicity relating to the Competition without the prior written consent of the Promotor.
- You undertake to keep the Promotor fully indemnified in respect of all actions, proceedings, claims, demands and expenses whatsoever which may be made or brought against or suffered or incurred by the Promoter or any sponsors and advertisers in consequence of any breach of the warranties or undertakings in this Agreement.
- You will observe all health and safety policies, rules or requirements stipulated by the Promotor from time to time. You authorise the Promotor to collect, collate, store and disseminate
- Your personal information in relation to the performance of this Agreement provided that the information is used solely for the purpose of managing or marketing of the Promotor or its business.
- Where You provide equipment to support your participation, You confirm You own or have the rights to supply this equipment and acknowledge that You are responsible for ensuring suitable insurance for this equipment is arranged.
- You will not consume anything from the mini bar in any hotel provided for You or use the phone in your room to make any international phone calls.You will not buy pay-per-view media or order room service.
- Where required by the Promotor you agree to stay for an additional week in the Destination Country after the Itinerary has been completed to carry out any media related work reasonably required by the Promotor. The cost for the additional stay in the Destination Country shall be met by the Promotor.
- The Promotor will cover all accommodation, transport, equipment and meal costs of the Road Trip and the Performance during the Competition.
- The Promotor will not be liable to You for any loss or damage to Your property during or in connection with this Competition and You release the Promoter from any and all liability whatsoever in relation to the Competition.
- The Promotor will provide suitable insurance for You to cover any potential liability that may arise from your participation in the Road Trip.
- There shall be no obligation on the Promotor to produce or broadcast anything from the Road Trip or the Performance.
- If the Promotor determines to transmit or distribute footage of the Road Trip or the Performance to third parties, the Promotor has no obligation to make any payment to You.
Relationship between the Parties:
It is agreed and understood that Your relationship with the Promotor is nothing more than that of a Promotor and participant and that nothing in these Terms creates the relationship of employer and employee between the Promotor and You.
Intellectual Property Rights:
- You are solely responsible for your Musical Works and the consequences of having submitted and published your Musical Works to the Competition. You affirm, represent, and warrant that your Musical Works are original and you hold the sole and exclusive rights to the copyright in your Musical Works or you have the necessary licenses, rights, consents, and permissions to publish the Musical Works that you have submitted and or perform during the Competition;
- You retain all of your ownership rights in your Musical Works. However, by submitting your Musical Works to the Competition, and in consideration of any payments made to You, the Travel Prize and costs covered by the Promotor pursuant to the Terms, You hereby grant the Promoter a worldwide, irrevocable, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit the:
(a) Musical Works; and
(b) Any other musical works, lyrics or sound recordings (in which you have any ownership rights) which are created during the Competition for the purpose of the Competition (Competition Musical Works); including without limitation for promoting and redistributing part or all of the Musical Works (and derivative works thereof) and the Competition Musical Works in any media formats and through any media channels, for the following uses:
on the Promotor’s websites www.feelingthestreet.com and www.mediablanco.co.nz; www.toyota-global.com and any other websites used by the Promotors and/or their regional offices or distributors to promote the Competition; and
in any social media channel used by the Promoter in relation to the Competition; and
for the promotion of any future Competition by the Promoter; and
in relation to any documentary that the Promoter may produce in relation to the Competition
(together the Approved Uses)
3. Where the Promotor requires use of your Musical Works or the Competition Musical Works for a use which is not an Approved Use then you agree to grant an exclusive, sub-licensable worldwide (if required by the Promotor) license of the Musical Works and the Competition Musical Works to the Promotor for any use required for a duration specified by the Promotor (the Required Use). You shall be paid a fair market license fee for the Required Use which shall be determined by an expert in the licensing of music for commercial use (the Independent Expert). The Independent Expert shall be appointed by you and the Promotor jointly to determine the fair market license fee for the Required Use; however where you and the Promotor are unable to agree on the Independent Expert, then one shall be appointed by the New Zealand Institute of Chartered Accountants. Except in the case of manifest error, you and the Promotor shall be bound by the fair market license fee as determined by the Independent Expert.
4. If you receive an offer to license the Musical Works from any third party, including but not limited to any manufacturer of motor vehicles (the Third Party) and you wish to accept that offer; you must immediately give written notice (Your Notice) to the Promotor setting out the terms of the offer received. The Promotor will have 15 business days after the date of receipt of Your Notice to exercise the promoter’s right to license the Musical Works from you by serving written notice on you (Promotor’s Notice) accepting the offer contained in Your Notice. If the Promotor does not serve the Promotor’s Notice on you, then you may license the Musical Works to the Third Party on terms which are no more favorable (in the reasonable opinion of the Promotor) than those previously offered to the Promotor.
5. You agree that Musical Works you submit to the competition will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the Promotor all of the license rights granted herein.
6. You confirm that you are not bound by any agreement that prevents you from entering into these Terms.
7. You acknowledge that where the Promoter, or an agent of the Promoter films and/or records your performance of the Musial Works and/or the Competition Musical Works then the copyright in such film and/or sound recording of your performance is owned by the Promoter.
8. You will immediately notify the Promoter in the event that you no longer own the Musical Works, enter into any conflicting agreement or receive notice of or become aware of any challenge to your ownership of the Musical Works.
9. You hereby indemnify the Promoter from and against all losses, liability and expenses, which they may suffer or incur by reason of you breaching these terms. Immediately on demand by the Promoter you will pay to them and make good all losses and expenses sustained or incurred (including solicitor client costs).
- 10. The Promoter will be entitled absolutely to all moral rights, copyright and subsidiary rights including publishing and merchandising rights in or arising from the Competition (alone or combined with other material) by means of television or any other method, manner or medium whether now known or hereafter devised in perpetuity throughout the universe.
11. The Promoter shall have the right and may grant others the right, to disseminate Your name, voice, likeness and biographical material for publicity and promotion, and for advertising and purposes of trade in relation to the Competition but not for the endorsement of any product or service unrelated to the Competition.
12. You agree to do all such things and to sign and execute all documents as may reasonably be required to assign to and/or protect the intellectual property rights granted in favour of the Promoter.
- During your stay in the Destination Country You will not, without obtaining the prior written consent of the Promotor, supply media or talent services of any nature to any other promotor or person engaged in television, pay television, radio broadcasting, printed or electronic publishing, online media, telecommunications, marketing, sponsorship or advertising industries (or any other promotor, person or entity which supplies services or programmes to any such companies, persons or entities).
- You agree that you will use your best endeavours to be available to perform at an event for the Promotor within 6 months of the end of the Closing Date (the Promotor Event) at no cost to the Promotor; however all costs for you to travel to the Promotor Event, including accommodation costs shall be met by the Promotor.
Media and Promotions:
You agree not to make any comment to media, or media representative, on any matter pertaining to the Your participation in the Competition without the prior consent of the Promotor.
- You shall not disclose to any third party any confidential information relating to the Competition. This duty of confidentiality continues after the termination of these Terms but ceases to apply only when the information or knowledge comes into the public domain without a breach of the duty by the You.
- The obligation of confidentiality includes the non-disclosure to ANY PERSON WHATSOEVER and by any means whatsoever, including in any form on Facebook, Twitter or any other similar social networking material or communication device (Social Media), of details in relation to the Competition or arising from Your involvement within the Competition which you are advised are confidential or which could reasonably be expected to be confidential. The obligation of confidentiality will continue beyond the effective duration of the Terms for an indefinite period terminable only at the discretion of the Promotor. This obligation includes any discussion with media (including but not limited to press, magazines, radio and internet) on any subject related to the Competition, the Competition results, the Promotor or any Promotor’s personnel, or regarding any person participating in the Competition. Any disclosure by You of any confidential information, including these Terms, may only be made following the Promotor’s written consent. The maintenance of confidentiality is an essential term of these Terms. You acknowledge that any breach of this obligation may result in a legal action for damages being taken against You.
You undertake to disclose to the Promotor details of any arrests, diversions and/or criminal convictions (other than driving offences which have not resulted in a ban or more serious sentence). You shall notify the Promotor immediately if there are any criminal charges pending or brought against You or if any information You have provided becomes inaccurate. You consent to the Promotor making such enquiries and checks about You as it considers necessary including (but not limited to) police checks; health, psychological, drug and fitness testing.
General Law and Email:
- The laws of New Zealand shall govern these Terms and the parties submit to the exclusive jurisdiction of New Zealand courts.
- We reserve the right to vary these terms from time to time by notice on the Site.
- If we collect your details it is to keep you informed about the Competition including by way of emails to you. Your details are securely stored and your email address will not be made available to anyone without your express permission. You are welcome to update your email preferences or to 'opt-out' of receiving further communications from us. We will endeavour to action your request within two working days.
These Terms set out the entire conditions of the Competition, and if there is any conflict of terms (with any previous agreement) then these Terms shall prevail and supersede all previous agreements express or implied which may have existed between the parties in relation to the Competition.
Feeling The Competition means the online competition at the Site, the Itinerary, the Road Trip and the Performance.
Destination Country means Australia
Musical Work(s) means the sound recordings and the underlying musical compositions that You own and are submitted or contributed to the Competition (at any stage) as well as all photographs and likenesses of you and all musical, artistic and literary material (including notes and lyrics, song titles and other metadata), and all other related intellectual property, including associated names and logos.
Promoter means Media Blanco Limited and Toyota Motor Corporation.
The Site means the websites that form an online hub for the Competition and include www.feelingthestreet.co.nz and www.facebook.com/FeelingTheStreet and/or such other websites as may be linked to these websites.
Use of Social Media
Use of social media, including Twitter, Facebook, YouTube and Instagram are public statements made online by You. A general rule of thumb is to not post anything you would not want to see on the front page of the national and international newspapers or have your colleagues or competitors read. Any inappropriate content uploaded by the Musician will be removed by you at the request of the Promoter.
The guidelines below are to help you deal with specific situations (they are indicative and not exhaustive). The Promotor reserves the right to change or add to these guidelines from time to time as appropriate. These are protocols and form part of your agreement with the Promotor.
Promotor Social Media Guidelines for Winning Musicians and Roadies
- Do not post comments that bring the Promotor or the Competition into question.
- Do not post images of any vehicles other than Toyota vehicles.
- Do not endorse products unless they are related to the Competition and you have discussed it with the Promotor first.
- Be transparent in what you say.
- Do not condone, glamorise or endorse illegal activity.
- Do not promote alcohol or excessive drinking (remember, this Competition is run by a car company).
- Do not refer to dangerous driving (again, remember, this Competition is promoted by a car company).
- Do not misrepresent the Promotor or the Competition.
- Do not be drawn into debates about the Promoter, its owners, brands or its competitors with other people on social media.
- Do not put any references to the Promoter or any other brand in your social media username.
- Remain courteous at all times. Moderate your language and demeanour.
- Be mindful of privacy and confidentiality requirements.