Million Dollar Riff exists to liberate the independent music community. While these terms confirm our legal obligation, they also support artists’ creative and financial freedom. For example, copyright always resides with the artist and we’re simply here for the promotion. So as a contributing member, you also share some responsibility in maintaining a supportive environment for everyone involved.
The following terms and conditions govern the Million Dollar Riff (“MDR”) Pilot Competition (“Competition”) and include conditions of entry for songwriters (“Entrants”).
By registering and/or entering the competition, the Entrant and/or their parents or legal guardian (if such entrant is a minor) agree to comply with the decisions of MDR and the following Competition Terms and Conditions (Artist Agreement), incorporating the general Terms and Conditions and Privacy Policy that also apply, and are final and binding. To the extent of any inconsistency between these Terms and Conditions and any other reference to this competition, these Terms and Conditions prevail.
1. ELIGIBILITY
Competition entry is open to all amateur and professional songwriters, regardless of nationality or origin, whether published or unpublished. The Entrant must be registered with an MDR profile. The Entrant must be the writer or co-writer of each song entered under his or her name. If an Entrant is under the age of 18, they need to provide a scanned letter of authority signed by a parent/legal guardian confirming that the parent or guardian consents to the Entrant submitting an entry. Employees of MDR, its families, subsidiaries and affiliates, are not eligible to enter.
2. ORGANISER
The organiser of the competition is Million Dollar Riff (“MDR”) (ABN 16 158 972 975) of the registered address 37 Station Road, Seddon VIC 3011 AUSTRALIA, with the Head Office located at 2/39 Bishop Street Kingsville VIC 3012 AUSTRALIA.
3. REGISTRATION AND ENTRY MATERIAL
Prior to competition entry, entrants must register for an MDR Artist profile. Entrants must upload a recording of their entry song(s) in MP3 format at a maximum of 12mb. Entrants must also upload profile “material” such as a unique artist name, profile details, bios, images, videos (or links to any of these) and links to any websites or social media profiles. Entrants must include a contact email address and telephone number. It is the entrant’s responsibility to ensure submitted recordings (in respect of each entered song) are complete and playable. Entrants and any member of the public can vote, providing they have registered with MDR for admittance.
4. ENTRY
Following registration, entry to the competition must be completed online (online only) during the entry period specified below. Entrants must visit the competition webpage and follow the directions to properly complete and submit an online entry form. Entrants can enter any song from their profile and may enter as many songs as they choose. Entrants will also be required to select a 45 second sample of each song to be played for public voting.
5. ENTRY FEES
Entry is free and entrants may submit a maximum of two songs. A single prize of $1000 AUD will be awarded to the winner.
6. OWNERSHIP AND CO-WRITERS
Songs must be original works, entered under the name of an individual writer (entrant) and must not infringe any copyright or any other rights of any third parties, publishing companies and/or co-writers. The entrant must own and have control over all of the entered songs’ rights, title and any additional materials, including ownership or control over all music, lyrics and sound recordings embodied, incorporated or included in their entry. Any third parties involved in the creation of the entry may be acknowledged on the entry form where indicated, however the prize will be awarded to the first entrant name as it appears on the entry form. It is the responsibility of the entrant to divide any prize/s won with third-parties as appropriate. By submitting an entry into this competition, entrants do not assign copyright to MDR but do grant a non-exclusive licence to MDR to play such songs on the competition website in order to conduct and promote the competition and further licence the songs in accordance with clause 11 (Further Licence) of these Terms and Conditions. By virtue of registering and/or entering the competition, entrants (and any co-writers or third-parties if applicable) retain all ownership rights and all other rights controlled by them to all submitted song(s).
7. DATES
Entries will be accepted from 8am AEST Monday, 1 August 2016 and must be received online, no later than midnight AEST on Friday, 30 September 2016. Public voting opens from 8am AEST on Saturday, 1 October 2016 and must be received online, no later than midnight AEST on Friday, 28 October 2016. The finalists will be announced (for a final round of voting) no later than AEST on Friday, 11 November 2016. The winner will be announced no later than AEST on Friday, 18 November 2016. Details may be subject to change and MDR reserves the right to extend dates.
8. VOTING
Entrants and any member of the general public can vote online, providing they have registered with MDR. All entries will be rendered anonymous, as 45 second samples. MDR will encourage the public to vote equally, based on melody, composition, originality, and lyrics, and disregard production value to the best of their ability. The highest number of votes received (and descending) determines the ten finalists. The finalists’ entry songs will be revealed to the public at full length, for a second round of voting. The votes will be added to the first round of votes counted, from which the highest number of votes (and descending) determines the winner. In the event of a tie in the number of votes received, the number of finalists can increase and/or the prize must be divided amongst any winners equally. MDR will approve and announce finalists/winners based on eligibility and compliance with all applicable Terms and Conditions. The MDR decision is final and no correspondence will be entered into.
9. PRIZES AND ANNOUNCEMENTS
Prizes may vary and will be listed online at www.milliondollarriff.com.au on the competition webpage as appropriate. All prizes will be awarded to the first entrant name as it appears on the entry form. It is the responsibility of the entrant to divide any prizes with third-parties as appropriate. All entrants and listeners will receive basic competition statistics. The top 10 finalists will receive public exposure, with the full length versions of each entry song available for a second round of voting and will be advertised for purchase. The final winner will receive a single prize of $1000 AUD. The top ten finalists and winner will be notified by email or telephone.
10. FINALISTS AND WINNER RESPONSIBILITIES
The entrant is responsible for providing up-to- date and correct email addresses and telephone numbers to MDR. The finalists and winner will be required to sign a statutory declaration confirming that their songs are original, that they have ownership, that the song does not infringe any copyrights or any other rights of any third parties, and that all necessary permissions to enter the song have been obtained. Failure to sign and return the statutory declaration within the required time period or provision of false information may result in disqualification and an alternate winner may be selected.
11. FURTHER LICENCE
The entrant agrees that should his or her song be selected as a finalist and/or the winner, MDR will be granted a non-exclusive licence to use the entrant’s song and their profile material and information for advertising and publicity purposes in connection with the competition, as well as on some third-party websites and through social media channels without additional compensation. The entrant agrees MDR may edit or adapt uploaded songs or materials at any time for its own or a third-parties promotional purposes, publishing requirements or to meet any legal or classification requirements or to avoid any breach of law.
12. STATUTORY GUARANTEES
Prize winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of a prize. Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, MDR (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under MDR’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by MDR) due to any reason beyond the reasonable control of MDR; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or Entrant; or (f) use of a prize.
13. INDEMNITY
All entries submitted must be original songs and shall not infringe any copyrights or any other rights of any third parties. In particular, by entering, the entrant warrants that he or she has not granted any other person, co-writer, publisher or third-party any rights controlling the entered song inconsistent with the rights they have granted to MDR under these Terms and Conditions; and there is currently no claim by any third party regarding ownership of any songs or materials, including ownership of the underlying copyright. The entrant shall, by entering, agree that an ownership dispute, in any form and with any third-party, is not MDR’s responsibility and can result in forfeit of any finalist positions and winning prizes. The entrant shall, by entering, indemnify and hold MDR harmless from and against any claims inconsistent with the foregoing. The entrant acknowledges that all songs entered may be distributed to the general public who will be voting to determine the finalists and winner, and the entrant agrees to release, indemnify, and hold MDR and all public voters harmless for any liability, damages, or claims for injury or loss or expenses to any person or property that result from a breach of the above warranties and/or relating to, in whole or in part, directly or indirectly, participation in the competition.
14. PRIVACY COLLECTION STATEMENT
MDR and its related entities collect entrants’ personal information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying winners). MDR may disclose personal information collected to an agent who is engaged for prize fulfilment. MDR may also disclose personal information collected to Australian regulatory authorities, such as the regulators of trade promotions. MDR will otherwise handle your personal information in accordance with its Privacy Policy. You may request access or to update your personal information or lodge a complaint by sending an email to [email protected]
15. CANCELLATION CONDITIONS
MDR has the following rights in relation to entrants and this competition:a) MDR does not accept refunds. In the event the competition is cancelled in its entirety, entrants will be refunded their entry fee in full. MDR may at its sole discretion provide refunds in special circumstances.
b) The prize is not transferable or exchangeable. MDR is not liable in any way if the finalists and winner cannot receive, accept or use any element of the Prize for any reason. The prize (or any part thereof) may be cancelled in the MDR’s discretion if the winner attempts to transfer it.
c) MDR will not be held liable for any unforeseen delays or changes and reserves the right to change details or procedures, extend deadlines and increase or reduce entry fees for special promotions or other requirements in its absolute discretion. MDR reserves the right to amend these Terms and Conditions if this competition cannot be run as originally planned. MDR may also cancel or suspend this competition if an event beyond the control of MDR corrupts or affect the administration security, fairness, integrity or proper conduct of this competition. Further, MDR may at its sole discretion recommence it under the same conditions.
d) The Entrant must behave appropriately at all times during the competition and entered songs and Material must be respectable. MDR reserves the right to disqualify any Entrant from the Competition in its sole discretion, should the Entrant at any stage behave disrespectfully and/or entered songs and Materials be deemed disrespectful in any way, or to any other individual associated with the Competition.
e) MDR may refuse to award any prize to any entrant who fails to comply with all applicable Terms and Conditions at MDR’s its sole discretion. MDR also has the right to refuse to allow the winner to take part in all or part of the prizes, if MDR deems, at its discretion, that the winner is not in any appropriate physical or mental condition to ensure the safety of the winner or the other parties involved, or MDR otherwise deems that it is not appropriate for the Winner to take part in all or part of the Prizes for any reason.
f) All finalists and winners will be required to sign a statutory declaration confirming that their song(s) is original and that they have ownership, that the song does not infringe any copyrights or any other rights of any third parties, and that all necessary permissions to enter the song have been obtained. Failure to sign and return the statutory declaration within the required time period or provision of false information may result in disqualification and alternate finalists and/or winner may be selected.
g) The entrant warrants that they have not granted any other person or third-party any rights inconsistent with the rights they have granted to MDR under these Terms and Conditions; and there is currently no claim by any third party regarding ownership of any songs or materials, including ownership of the underlying copyright. By entering the Competition, the Entrant shall indemnify and hold MDR harmless from and against any claims, damages or expenses that result from a breach of the above warranties. The entrant warrants that he or she has obtained the written permission from any co-writer or publisher controlling any rights in the entered song.
h) MDR entry is online only. MDR does not accept entries via mail and is not responsible for returning mailed items to Entrants and is not responsible for late, lost, damaged, misdirected, postage due, stolen, incomplete, or misappropriated entries.
i) MDR agrees that it will take all reasonable steps to secure consent for any commercial use of the entrant’s songs or materials. However, the entrant accepts that MDR does not warrant against unauthorised use and is not liable for any third party use, which may infringe the copyright in songs or materials. MDR 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. If you do not wish to adhere to any of MDR’s promotion requirements, MDR has no obligation to publish or otherwise use your songs and materials.
j) MDR is not responsible for any entrant's failure to provide contact information or any entrant’s non-receipt of any MDR telephone calls or emails and/or for any reason, including but not limited to, server or email malfunctions. MDR may also use any information provided by you, in order to contact you for any reason in relation to MDR. However, failure to respond may result in alternate finalists and/or winner may be selected.
k) MDR reserves the right to disqualify any individual who tampers with the entry or voting process in its sole discretion. In particular, computer generation or “scripting” based entries or votes are invalid and will not be accepted. MDR reserves the right to request whatever documentation it requires to determine if an entrant has breached this clause and such paperwork must be provided on request and within the requested timeframe. MDR will not enter into correspondence regarding a decision made under this clause.