Levi's® Terms & Conditions
You (an individual artist or band, referred to hereafter as “Artist”) and Levi Strauss Australia Pty Ltd. (the “Sponsor”) are entering into this agreement (“Agreement”) for the Levi’s® Music Prize. In order to apply to receive and participate in the Levi’s® Music Prize, Artist must accept these terms, and therefore should take the time to understand them. If Artist consists of multiple members, each member must accept these terms for Artist to participate.IF ARTIST CLICKS "ACCEPT" AND PROCEEDS TO APPLY FOR THE LEVI’S® MUSIC PRIZE, THIS AGREEMENT WILL BE A VALID AND BINDING AGREEMENT BETWEEN ARTIST AND SPONSOR and is in addition to any terms and conditions that may be in effect for Artist’s participation in the BIGSOUND Music Festival (the “BIGSOUND Festival”). Artist should print and keep a copy of this Agreement.
Summary of Certain Key Terms and Conditions
The following is a summary of certain key terms and conditions of the Levi’s® Music Prize. Please read the Complete Rules, Terms and Conditions below for a complete understanding of the Levi’s® Music Prize rules, terms and conditions.
· The Levi’s® Music Prize consists of a cash award of up to A$25,000 awarded 4 times per year.
· To be eligible, Artists must have performed at the BIGSOUND Festival in the past 5 years, and satisfy Australian & New Zealand residency requirements and other eligibility requirements set forth below.
· One award will be made to the winning Artist at the BIGSOUND Festival, who will be required to submit a project proposal covering the use of the funds after being named the winner. The other 3 awards will be made to Artists who apply for the Levi’s® Music Prize by submitting a project proposal during 3 quarterly application periods from (i) 9 September to 9 December; (ii) 10 December to 10 March; and (iii) 11 March to 11 June.
· Project proposals will be evaluated on the basis of feasibility, quality and specificity of the proposal and budget, and the degree to which the funds would help take the Artist’s music career to the world stage. The judging panel will consist of representatives of the Sponsor and music industry professionals, and all decisions are final.
· Winning Artists agree, if requested, to perform at future BIGSOUND Festival events, including Levi’s® showcase performances, and participate in other promotional activities, events, or music festivals. at the reasonable request of the Sponsor. Reasonable travel and accommodation expenses will be paid by the Sponsor or Queensland Music Network.
· In connection with the sponsorship of the Levi’s® Music Prize, it is the Sponsor’s intention to use recordings of the Artists and their performances for the purpose of promoting the Levi’s® Music Prize and the Levi’s® brand’s association with music and ancillary purposes without further payment of any license or other fee (except for the nominal fee stated below). All other uses of recordings of the Artists and their performances will require the approval of the Artists.
· Winning Artists will not be publicly associated with or be involved directly or indirectly in the promotion of any other apparel company that has a significant offering in the denim category from the date of the announcement of the Artist winning the Levi’s® Music Prize until eighteen (18) months after the last Levi’s® Music Prize award payment is made.
Complete Rules, Terms and Conditions
i. Age – Artists must be at least 18 years of age.
ii. Residency – Artists must legally reside in Australia; provided, that in the case of a band with multiple Artists, no less than 2/3 of the Artists in the band are legal Australian or New Zealand residents. For example, if there are 5 members of a band, no fewer than 4 members of the band must be legal residents of Australia or New Zealand.
iii. Exclusions – Individual Artists must not be (i) an employee of the Sponsor, Queensland Music Network Incorporated, any corporate parent or subsidiary company of any of the foregoing corporate entities; or (ii) a member of the immediate family of an employee of any of the foregoing corporate entities in this subsection.
iv. Label Permission/Acknowledgement –Artists must be able to participate in the Levi’s® Music Prize without violating any third-party rights or obligations, including without limitation the policies or procedures of any record company with which Artist has an agreement.
b. Collective eligibility: In order to be eligible to receive the Levi’s® Music Prize, Artists must meet all of the following additional requirements:
i. BIGSOUND Festival Experience – Artist must have performed at the BIGSOUND Festival within five (5) years prior to the date of entry of the Artist into this Agreement.
ii. International Exposure – Artist must have undertaken international activity or have gained demonstrable international music label interest (not applicable to Artist named the winning artist/band at the BIGSOUND Festival).
iii. Previous Levi’s® Music Prize Winners – An Artist who has already won the Levi’s® Music Prize within the last three (3) years prior to the date of this Agreement will not be eligible.
iv. From January 2019 – In addition to Australian residents; The Levi’s® Music Prize will also be open to New Zealand artists/residents. To be eligible for this first January quarterly prize; the cut off date for applications is October 24. Eligibility to win the Levi’s® Music Prize will be back dated to any New Zealand based artists/residents that have played BIGSOUND over the past 5 years (alumni) – to 2014. All other T&C’s will apply.
2) How to Participate. There are two ways in which Artists may participate in the Levi’s® Music Prize:
a. BIGSOUND Festival Winner – Awarded Once Per Year at The BIGSOUND Festival.
i. The Artist named the winning artist/band at the BIGSOUND Festival (commencing in 2017) will be eligible to receive the Levi’s® Music Prize, subject to agreeing to the terms of this Agreement and submitting a Project Proposal for approval after being named the winning artist/band, in accordance with clause (b) below.
b. Submit a Project Proposal – Awarded Three Times per Year.
i. Artists must submit a project proposal (“Project Proposal”) during the Application Periods set forth below. Only one (1) Project Proposal may be submitted per Artist for each Application Period.
ii. Artists may submit a Project Proposal at https://www.bigsound.org.au.
iii. The Project Proposal should contain a project description, business plan and budget that details how the funds will be used to advance the Artist’s success on an international basis. Project Proposals should contemplate use of the funds within six (6) months of the date of the awarding of the Levi’s® Music Prize.
iv. All documents and materials submitted for consideration of the Levi’s® Music Prize will not be returned.
3) Project Proposal Application Periods.
a. The application periods are as follows: (i) 9 September to 9 December; (ii) 10 December to 10 March; and (iii) 11 March to 11 June ("Application Periods").
4) Project Proposal Guidelines.
a. Language. Project Proposals must be in the English language.
b. True and accurate information. All information provided by Artist regarding Artist and, if applicable, its individual members ("Artist Information") is true, accurate, current, and complete information, and Artist will maintain and update the Artist Information to keep it true, accurate, current, and complete.
c. No violation of third-party rights. Unless otherwise disclosed in the Project Proposal, the exercise by the Sponsor of any of the rights granted by Artist under this Agreement, do not and will not infringe or violate any rights of any third party or entity, including, without limitation, patent, copyright, trademark, trade secret, defamation, privacy, publicity, misleading or deceptive conduct, misappropriation, intentional or negligent infliction of emotional distress, confidentiality, or any contractual or other rights.
d. Full permissions. All persons, if any, who were engaged by Artist to work on the Project Proposal or who appear in the Project Proposal in any manner: have given Artist their express written consent to submit the Project Proposal for unlimited, royalty-free use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity; have provided written permission to include their names, images, or pictures in or with the Project Proposal (or if a minor who is not Artist’s child, Artist must have the permission of minor’s parent or legal guardian), and Artist may be asked to provide evidence of such permission in writing as part of the Project Proposal, in a form satisfactory to the Sponsor; have no claims for payment of any kind, including, without limitation, for royalties or residuals against the Sponsor; have no approval or consultation rights or any rights of participation arising out of any use, exhibition or other exploitation of the Project Proposal; and have not been and are not currently under any agreement, including any union or guild agreement, that results in any ongoing obligations resulting from the use, exhibition or other exploitation of the Project Proposal.
e. Confidentiality. Submission of a Project Proposal will not be acknowledged and will not be received or held "in confidence." The act of submitting a Project Proposal does not create a confidential relationship or obligation of secrecy between Artist and the Sponsor.
5) Prize Determination.
a. BIGSOUND Festival Winner Levi’s® Music Prize. One Artist will be named the winning artist/band at the BIGSOUND Festival (commencing in 2017) as judged by the Sponsor and the music industry panel in attendance, and will be eligible to receive the Levi’s® Music Prize, subject to agreeing to the terms of this Agreement and submitting a Project Proposal for approval in accordance with clause 2(b) above, after being named the winning artist/band.
b. Applicant Levi’s® Music Prize. All compliant Project Proposals received during a Project Proposal Application Period will be evaluated against other Project Proposals during that same Application Period and will be eligible to receive the Levi’s® Music Prize for that Application Period.
i. Project Proposals will be evaluated on the basis of (A) feasibility; (B) quality and specificity of the proposal and corresponding budget; (C) the degree to which the funds would help take the Artist’s music career to the world stage.
ii. The winner of the Applicant Levi’s® Music Prize shall be determined by a judging panel consisting of representatives of the Sponsor and music industry professionals, whose decisions are final. No feedback will be provided to unsuccessful applicants. All determinations by the judges of the Levi’s® Music Prize winning Artist are subject to the winning Artist’s compliance with the terms of this Agreement.
6) Cash Award.
a. BIGSOUND Festival Winner Levi’s® Music Prize. The BIGSOUND Festival winning Artist will receive a cash award to fund the project described in the Project Proposal up to a maximum of AU$25,000 (the “Award Amount”).
b. Applicant Levi’s® Music Prize. Each Applicant Levi’s® Music Prize winning Artist will receive a cash award to fund the project described in the Project Proposal up to 80% of the total project budget amount, or AU$25,000, whichever is the lesser (the “Award Amount”).
c. Allocation of Award Amounts. The Award Amount will be paid to the Levi’s® Music Prize winning Artist in two parts. Eighty percent (80%) of the Award Amount will paid at a time mutually agreed between Artist and the Sponsor based on the Project Proposal schedule and in advance of the project start date. Upon completion of the project, the Sponsor will pay the remaining twenty percent (20%) upon production of invoices and other evidence of expenditure in accordance with the project.
d. Taxes. Artist is responsible solely for any taxes that may be payable due to the receipt of the Levi’s® Music Prize.
e. In addition to the above quarterly cash component; from September 2018 to September 2019 – Stage and Screen will offer a travel voucher of $5,000 to each prize winner (awarded 4 times total) to be used towards relevant travel costs. This $5,000 travel voucher is non-transferable and to be booked with Stage and Screen.
7) Winner’s Obligations.
- The following shall apply to Levi’s® Music Prize winning Artists:
i) If requested, Artist agrees to perform at any future BIGSOUND Festival events, including any Levi’s® showcase performances, and participate in related promotional activities or events, at the reasonable request of the Sponsor. Artist agrees, if requested by the Sponsor or Queensland Music Network, to perform at other Australia and New Zealand music festivals or events, subject to agreement on scheduling (availability) and on terms and conditions to be mutually agreed in good faith between the parties. Reasonable travel and accommodation expenses will be paid by the Sponsor or Queensland Music Network in relation to such activities.
ii) Artist will participate in promotional activities (including interviews, press and/or media days and photo shoots, together “Promotional Activity”) relating to the Levi’s® brand, subject to Artist’s availability. Reasonable travel and accommodation expenses (“Expenses”) will be paid by the Sponsor in relation to Promotional Activity. The Sponsor will not pay for Expenses when the Promotional Activity is integrated into the Project Proposal, for example, filming of the tour where the Sponsor is already funding the tour through the Levi’s® Music Prize.
iii) Artist will not be publicly associated with or be involved directly or indirectly in the promotion of any other apparel company that has a significant offering in the denim category from the date of the announcement of the Artist winning the Levi’s® Music Prize until eighteen (18) months after the last Levi’s® Music Prize award payment is made.
8) Artist’s Grant of Rights.
- The Sponsor or its agents may record Artist’s voices, sounds and images (including any performances, presentations and interviews) at the BIGSOUND Festival, and other events relating to the Levi’s® Music Prize. For winners of the Levi’s® Music Prize, the Sponsor or its agents may also record the same for any activities related to the winners' Project Proposal (including any locations Artist travels to while on tour, concerts, recording studios and backstage locations) (collectively, the “Recordings”).
- In return for the payment of A$1.00 and other consideration by the Sponsor, the receipt and sufficiency of which Artist acknowledges, Artist consents to the Sponsor using the Recordings as follows:
i) Artist agrees that the Sponsor or its agents may record such Recordings by any means, including by film, digital recording, videotape, audiotape and photography.
ii) Artist irrevocably and unconditionally grants to the Sponsor any consents and waivers required by the Sponsor under the Australian Copyright Act 1968 (as amended) and any statutory re-enactment or modification and all other laws now or in the future in force in any part of the world which may be required for the exploitation of the Recordings.
iii) The Recordings may be copied, distributed, communicated to the public and otherwise used by the Sponsor, its affiliates and their respective licensees to promote the Levi’s® Music Prize, the Levi’s® brand’s association with music and ancillary uses (the “Purposes”) for as long as the Sponsor continues to sponsor the Levi’s® Music Prize in any media worldwide, including:
(1) on websites, digital platforms and/or social media platforms owned or controlled by the Sponsor, its affiliates or their respective licensees (including levi.com, blogs managed by the Sponsor, Facebook, Twitter and Instagram);
(2) on television or radio programming;
(3) on print, in-store and out-of-home advertising and press and/or media events; and
(4) on any and all other audio and/or audio-visual media whether now known or hereafter developed.
iv) Artist consents to the use of third party advertising in connection with the Recordings in any media provided that Artist is not represented as personally endorsing the featured products or services.
v) Artist grants to the Sponsor the right to use and to license third parties to use the Recordings or any part(s) of the Recordings and Artist’s name, likeness, voice, biographical information and social media posts (relating to the Levi’s® Music Prize) of Artist (together, “Content”) for the Purposes in any and all media in connection with the exploitation of the Recordings.
vi) Artist assigns to the Sponsor by way of present assignment of present and future copyright and with full title guarantee any and all of Artist’s rights in the Recordings and all products and materials arising out of the performances recorded. The Artist agrees to sign all necessary documentation to give legal effect to this subsection.
vii) Artist acknowledges that, subject to any separate agreement between the Sponsor and Artist’s record label (if applicable), the Sponsor exclusively owns all rights (including copyright) in the Recordings and owns all master tapes and recordings of the Recordings.
viii) Artist consents to the Sponsor doing (or omitting to do) any acts in respect of the Recordings which may otherwise constitute an infringement of the Artist's moral rights (as far as it is possible to do so). The Sponsor agrees not to use the Recordings in any way which is derogatory to Artist.
- Artist acknowledges that the consideration paid to Artist by the Sponsor pursuant to this Agreement in conjunction with the Recordings includes all equitable remuneration in connection with all uses of the Recordings by the Sponsor for the Purposes (including the grant of all reproduction, distribution, rental and lending rights). The Sponsor shall not be liable to Artist for any royalty or residual payments due to Artist.
- Subject to any prior approvals agreed in writing between the Sponsor, Artist’s management (if applicable) and Artist’s record label (if applicable), the Sponsor shall be entitled to cut, edit, modify, add to, adapt, copy or alter the Recordings in any way in its absolute discretion.
- Nothing in this Agreement shall affect Artist’s right, or the right of any authorized publisher or co-writer, to collect public performance royalties from any applicable collection society.
- Artist agrees to execute and deliver to the Sponsor any and all documents and do any other acts as the Sponsor may reasonably deem necessary to evidence and effectuate all or any of the rights granted to the Sponsor under this Agreement.
- Sponsor’s use of the Artist’s recordings, music and videos and the Artist’s involvement in Levi’s® brand campaign that are unrelated to the Levi’s® Music Prize or the uses described herein shall be subject to mutual agreement between Artist and the Sponsor to be negotiated in good faith, including any compensation to be paid.
10) Limitations and Indemnification.
a. By applying for or participating in the Levi’s® Music Prize, Artist agrees to release, indemnify, defend and hold harmless the Sponsor, Queensland Music Network Incorporated, any corporate parent or subsidiary company of any of the foregoing corporate entities and their respective affiliates, directors, officers, employees, shareholders, sponsors and agents, including advertising and promotion agencies, assigns, and any other organizations related to the Levi’s® Music Prize (“Released Entities”), from any and all claims, injuries, damages, expenses, or losses to person (including bodily injury or death) or property and/or liabilities of any nature that in any way arise from applying for the Levi’s® Music Prize, participating in the Levi’s® Music Prize or related events, or acceptance or use of a Levi’s® Music Prize award, or parts thereof, including, without limitation, (i) any condition caused by events beyond the control of the Released Entities that may cause the Levi’s® Music Prize to be disrupted or corrupted; and (ii) any printing or typographical errors in any materials associated with the application. Participating Artists agree to be bound by this Agreement. NOTHING IN THIS AGREEMENT LIMITS, EXCLUDES OR MODIFIES OR PURPORTS TO LIMIT, EXCLUDE OR MODIFY ANY STATUTORY CONSUMER GUARANTEES OR ANY IMPLIED CONDITION OR WARRANTY THE EXCLUSION OF WHICH FROM THIS AGREEMENT WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THIS AGREEMENT TO BE VOID ("NON-EXCLUDABLE GUARANTEES). SUBJECT TO ANY NON-EXCLUDABLE GUARANTEES, IN NO EVENT WILL THE SPONSOR AND/OR ANY RELEASED ENTITIES BE LIABLE TO AN ARTIST OR A WINNER, AS APPLICABLE, FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR APPLICATION FOR OR PARTICIPATION IN THE LEVI’S® MUSIC PRIZE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT ANY ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SUBJECT TO ANY NON-EXCLUDABLE GUARANTEES, THE SPONSOR’S AND/OR ITS AFFILIATES MAXIMUM AGGREGATE LIABILITY IN CONNECTION WITH THESE OFFICIAL RULES AND/OR THE LEVI’S® MUSIC PRIZE WITH RESPECT TO ANY AND ALL CLAIMS FOR DAMAGES AND LIABILITIES SHALL NOT EXCEED TWENTY-FIVE THOUSAND AUSTRALIAN DOLLARS (A$25,000).
b. By submitting a Project Proposal, Artist: (a) represents and warrants that Artist (including severally and jointly each member of the Artist band, as applicable) (i) has read, and agrees to be bound by, the terms of this Agreement; (ii) is eligible to participate in the Levi’s® Music Prize; and (iii) has provided information as part of the application process that is accurate, does not violate any third party’s legal rights (including without limitation rights of privacy, intellectual property and publicity), and otherwise does not violate applicable law; (b) consents to the use of information contained in the application or Project Proposal, Artist’s name and/or likeness by the Sponsor for purposes of promoting the Levi’s® Music Prize and future versions of the Levi’s® Music Prize (whether online, in print or through any other media now known or hereafter developed), without additional compensation or authorization unless prohibited by law; and (c) agrees to be bound by determinations of the judges, which are final.
c. Artist agrees to take all further acts necessary to effectuate the intent of this Agreement including, without limitation, executing and delivering to the Sponsor and its agents all such agreements, contracts and any other documents to confirm compliance with the Agreement.
11) General Conditions.
a. Verification. The Sponsor has the right to verify each Artist's eligibility and compliance with this Agreement.
b. Irregularities. The Sponsor is not responsible for human error or other factors beyond its reasonable control. To the extent permitted under applicable law, Artist agrees that the Sponsor may cancel, suspend and/or modify the Levi’s® Music Prize, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Levi’s® Music Prize. Artist agrees that the Sponsor may void any Artist’s application and disqualify any Artist it finds to be tampering with the operation of the Levi’s® Music Prize or to be acting in violation of the Agreement or disruptive manner. Any attempt by any Artist to deliberately undermine the legitimate operation of the Levi’s® Music Prize may be a violation of the law, and the Sponsor reserves all rights to seek damages and other remedies (including attorneys’ fees) from any such Artist to the fullest extent permitted by law.
c. Discontinuation or Revocation of Award. Artist agrees that the Sponsor may discontinue the Levi’s® Music Prize at any time in its sole and absolute discretion, provided that the Sponsor shall be required to pay the unpaid balance (if any) of the Award Amount to the Levi’s® Music Prize winning Artists in accordance with the mutually agreed payment schedule. The Sponsor shall have the right to withdraw the award and the Levi’s® Music Prize winning Artist agrees to return any cash award which has been paid out to the Artist upon demand if the Artist (i) changes the project from the Project Proposal in a manner deemed to be material by the Sponsor in its sole and absolute discretion; (ii) postpones the project for a period longer than 6 months from the original start date of the project; (iii) commits any act or does anything that is or shall be an offense involving moral turpitude, contempt, scandal, profanity or ridicule, or which insults or offends the community or any substantial organized group thereof, or which might tend to injure the success of the Sponsor or the Sponsor’s brand image, reputation, products or services; or (iv) commits any act or does anything in connection with the Project Proposal or project that violates the intellectual property or proprietary rights of other parties.
d. Identity of Artist Via Email Address. Artists must register with only one email address and physical street address. In the event of a dispute as to the owner of any Project Proposal, the authorized account holder of the email address used to enter will be deemed to be the person who submitted the Project Proposal. The authorized "account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.
e. Indemnification. Artist acknowledges and agrees to indemnify, defend, and hold harmless the Sponsor and all of its affiliates, employees, officers, and agents from and against any and all losses arising from, relating to, or connected with participation in the Project Proposal or any part of the Levi’s® Music Prize, or any activities incidental thereto including, without limitation: (i) any third-party claims, including, without limitation, any claims for personal bodily injury and/or personal property damage; (ii) claims based on any alleged breach of this Agreement by any person who is part of a Project Proposal or a Levi’s® Music Prize; (iii) failure of an Artist to procure an effective waiver or consent; (iv) any claims that the Project Proposal infringes upon or violates the intellectual property rights of any third party, infringes upon or violates any person’s or entity’s right of privacy; or (v) actual or alleged agreements or arrangements with other Artists or participants. Artist acknowledges and agrees that the obligation to indemnify and hold harmless as set forth in this Section will survive the expiration, lapse, or termination of this Agreement.
f. Sponsor Intellectual Property. The Sponsor owns all rights in connection with the Levi’s® Music Prize, including without limitation, the name “Levi’s® Music Prize” and associated logos. Participants and winners of the Levi’s® Music Prize are not granted any license, whether express or implied, to use the Sponsor’s trademarks, logos or any other intellectual property of the Sponsor unless pursuant to a duly authorized and executed written agreement between the parties.
g. Band collaboration. Bands are solely responsible for their own teamwork. Neither the Sponsor nor its agents will officiate or be responsible for any disputes between or among members of any band (including disputes regarding conduct, cooperation, contributions, intellectual property ownership, or prize distribution or sharing).
12) Challenge is Void Where Prohibited by Law.
If the whole or any part of a provision of this Agreement is void, unenforceable or illegal, it is severed. The remainder of the terms of this Agreement have full force and effect and the validity or enforceability of that provision in any is not affected.
13) Governing Law and Dispute Resolution.
Artist agrees that any and all disputes arising from or relating to this Agreement shall be governed by and construed in accordance with the laws of Victoria, Australia. Any action, suit, or case arising out of, or in connection with, the Levi’s® Music Prize or this Agreement must be brought in either the federal or state courts located in Victoria, Australia.