Submission Project: Terms And Conditions.
SUBMITTING YOUR TRACKS FOR CONSIDERATION CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
OVERVIEW: The “Submission Project” consists of two parts each month (i) A Selection of Shortlists whereby We Are Hurd LTD. and the Collaborating Partner will choose a top five list of Artists from all Artist Submissions to the Submission Project (as defined below) based on their independent views and tastes; (ii) a Public Voting Period where the Artist with the most public nominations will be deemed the winner of the Submission Project that month. By participating in the Submission Project, each Artist agrees to comply with and be bound by these Terms and Conditions and the decisions of We Are Hurd LTD and the Collaborating Partner which shall be final and binding in all respects. The Submission Project happens on a monthly basis, where by a Selection of Shortlists and Public Voting Period will take place each month to determine a different winner each month.
ELIGIBILITY: Submitting your tracks is only open to artists who: (i) are legal residents of countries within the EU; (ii) all members are at least 18 years old; (iii) and from the time of entry are not, individually or as part of any musical group, under an exclusive recording contract and/or a recording contract with a “major” record label or distributed by a “major” distributor or record label and if become so must withdraw artist submission by contacting Hurd on hellothere@wearehurd,com (collectively, the “Eligibility Criteria”). For purposes of these Artist Submission rules, an “Artist” or “Band” is an individual, or group of individuals, who have written their own songs and also can perform their own songs. “Designated Agent” means the person who actually submits the Submission (as defined below) on behalf of himself/herself individually or on behalf of an individual which he/she manages. “Artist” shall mean the individual or group whose name is entered as the “Entrant” during the registration process. Subject to all laws.
TIMING: The Submission Project opens 10:00 BST 12/07/2017 and is open for the foreseeable future. The closing date of Submission Project will be announced when known. By submitting your tracks to the Submission Project for the record club, your details will be on the Hurd database until Submission Project closes. Therefore once submitted, there is always the chance that your tracks will be shortlisted by We Are Hurd LTD and Collaborating Partner. If you want to remove your details from the administrator database, you must email firstname.lastname@example.org
HOW TO PARTICIPATE: Any Designated Agent may register any Entrant to be considered for the Submission Project by visiting wearehurd.co.uk (the “Website”) and navigating to the Artist Submission page and filling out the form. All Submissions must meet all Submission Requirements set forth below in order to be eligible.
A submission (“Submission”) consists of:
At least two (2), but not more than five (5), tracks each no longer than four (4) minutes in length. Each track must be an original musical composition written and controlled primarily by Entrant (the “Song”). ONLY ONE SUBMISSION WILL BE ACCEPTED FROM EACH ENTRANT. By uploading a Submission in the Submission Project, Entrants and Designated Agents hereby warrant and represent that the entire Submission meets the following entry requirements (collectively, the “Submission Requirements”):
• Songs are an original work written and controlled primarily by Entrants and Entrant has the right to use and perform the Song in all regards and grant the rights herein;
• Submission is not sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
• Submission is not obscene or offensive and does not endorse any form of hate or hate group;
• Submission does not contain copyrighted materials owned by others (including “samples” other than the Song provided) without written permission;
• Submission does not contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the Entrant, without written permission; and
• Submission is not and does not depict a violation of any law or regulation. Compliance with the foregoing requirements shall be determined by Hurd in its sole discretion. Hurd may, in their sole discretion, remove and/or disqualify any Submission that is deemed to be inappropriate or otherwise non-compliant with these Terms and Conditions.
SELECTION OF SHORTLISTS
“Initial Shortlist”: Every month, Hurd will listen through submissions and create a shortlist of the best submissions. This can be any number from ten (10) to 100 (100) and this initial shortlist will not be visible to the public. This shortlist will be delivered to the collaborating new music outlet of the month (see below for details).
COLLABORATING PARTNERS: Each month, Hurd will work with a new music outlet to create the “Final Shortlist” of five (5) artists from the Artist Submissions for the Submission Project. The collaborating partner will always be a reputable organisation, company, group or individual from the music industry.
“Final Shortlist”: Every month a final shortlist will be curated which consists of five artists chosen from all qualifying and eligible Artist Submissions to Submission Project. This final shortlist is chosen by the collaborating partner of the month, and the five artists are chosen from the initial shortlist passed on to the collaborating partner.
JUDGING CRITERIA: The finalists in both the initial and final shortlists each month will be selected by Hurd and the collaborating partner based on the following criteria: (i) musical originality; (ii) emotional and creative quality of music; (iii) skill and technical ability of musicians of songs in Submission (collectively, the “Judging Criteria”). Hurd and the collaborating partner will decide the five artists on the final shortlist at their sole discretion each month. THE DECISIONS OF HURD AND THE COLLABORATING PARTNER ARE FINAL AND BINDING AS TO ALL ENTRANTS AND DESIGNATED AGENTS.
PUBLIC VOTING PERIOD: Every month, the final shortlist will be put to the public vote for seven (7) days. During this phase, the five (5) finalists will be put forward to the public by means of including their tracks on a page on the Hurd website, wearehurd.co.uk, online, and including a poll where the public can vote for their favourite artist from the final shortlist. The artist who receives the most individual votes by the end of the Public Voting Period wins this month’s Submission Project.
SELECTION OF FINAL SHORTLIST ARTISTS; NOTIFICATION AND VERIFICATION:
Artists who have been chosen to be in a final shortlist to go to the public voting stage will be notified by telephone and/or email using the contact information provided during application process by the Designated Agent. This will be within three working days of having been chosen by the collaborating partner. As we keep Artist Submissions on our database, you may be chosen to be in the final shortlist of Artist Submissions during any month, as long as you have not withdrawn your application, and therefore there is no date we can give as to when you may be contacted as this is an ongoing project.
SELECTION OF WINNER
Winner of Public Voting Stage: Each month, the winner of the public voting stage will be the winner of the Submission Project that month. The winner will then be provided with a Licence To Use Recordings Contract (the “Release”). The Release must be returned by Entrant within five (5) calendar days of the date of notification or other day given at the time. The potential winning artist who (a) fail to execute required documentation in the designated time period; or (b) otherwise are found to have violated the terms and conditions or to have otherwise become ineligible will be disqualified and will forfeit the prize and the winner will go to the Artist from the final shortlist with the next highest amount of public votes.
PRIZE: The winner of the Public Voting Stage each month will win fifty (50) 7” colour vinyl records of two of their tracks submitted during the Artist Submission, free of charge. The vinyl records will use artists artwork for the sleeve and labels, unless no artwork is available in which case We Are Hurd LTD will create the artwork for the sleeve and labels. The artist will also become the featured artist for an edition of the We Are Hurd LTD record club. In most cases, this will be the edition which falls two months after the public voting period the winner wins. This means the records pressed by We Are Hurd LTD of the winning Entrant’s music, will be delivered to all members of the We Are Hurd LTD record club during that corresponding month. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF ERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
ENTRANT REPRESENTATIONS, GRANT OF RIGHTS: BY SUBMITTING A SUBMISSION, ENTRANTS AND DESIGNATED AGENTS ACKNOWLEDGE THAT (A) THE SUBMISSION MAY BE POSTED, IN ADMINISTRATOR’S DISCRETION, ON COLLABORATING PARTIES’ WEBSITE(S) IN CONNECTION WITH THE HURD SUBMISSIONS, AND (B) THE TRACKS SUBMITTED MAY BE POSTED ON COLLABORATING PARTIES’ WEBSITE(S) AND OTHERWISE PUBLISHED, AIRED OR DISPLAYED BY SUBMISSION PARTIES IN CONNECTION WITH THE ARTIST SUBMISSIONS OF HURD RECORD CLUB.
Entrants and Designated Agent warrant and represent that their entry into the Submission Project and/or winning of the prize does not and will not violate the terms of any agreement to which they are a party, including but not limited to, any music publishing agreement, distribution agreement, recording agreement, production agreement, or union or guild agreement, or conflict with any other obligation of Entrants or Designated Agent. Further, Entrants and Designated Agents warrant and represent that the Artist Submission: (i) is Entrant’s original work (and is not based on or derived from any other materials) and embodies an original musical composition written and controlled primarily by Entrant and Entrant has the right to use and perform the Submission throughout the time they are on Hurd database as an Artist Submission in all regards and grant the rights herein without the need for permission from or payment to any other party; (ii) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (iii) Designated Agents have obtained written permission from Entrant and each person whose name, likeness, voice or other intellectual property is used in the Submission to enter Entrant (and his/her Submission) in Submission Project; and (iv) the publication of the Submission via various media (including web posting) will not infringe the rights of any third party. EACH ENTRANT AND SUCH ENTRANT’S DESIGNATED AGENT (IF APPLICABLE) WILL, JOINTLY AND SEVERALLY, INDEMNIFY AND HOLD HARMLESS (I.E., EACH OF ENTRANT AND SUCH ENTRANT’S AGENT WILL BE FULLY LIABLE, INDIVIDUALLY, TO PAY ANY AND ALL DAMAGES) AND OTHER SUBMISSION PROJECT PARTIES FROM ANY FEES, ROYALTIES, COSTS AND EXPENSES (COLLECTIVELY, “COSTS”) ARISING OUT OF ANY THIRD PARTY CLAIMS, COURT CASES, COMPLAINTS, ACTIONS, CAUSES OF ACTION, DAMAGES, LIABILITIES, (“CLAIMS”) TO THE CONTRARY AND ANY CLAIMS ARISING OUT OF OR RELATED TO ENTRANT’S SUBMISSION OR PARTICIPATION IN THE SUBMISSION PROJECT OR THE COLLABORATING PARTNERS’ EXERCISE OF THE RIGHTS GRANTED AND CONTEMPLATED HEREIN.
By submitting a Submission and thereby entering the Submission Project for We Are Hurd LTD record club, Entrants and Designated Agents grant to We Are Hurd LTD a worldwide, perpetual, unlimited, irrevocable, royalty-free right and license to use, display, distribute and publish (and Entrants and Designated Agents grants all necessary rights required to make such use, including but not limited to distribution rights, synchronization rights and all master recording rights), their individual name (first and/or last), musical stage/band name (if any), hometown, place of residence, entry information uploaded to the Website, the Submission, photo, image, voice, and likeness, in connection with the Submission Project and/or Submission in any manner and in any media and content whether now existing or later invented without any restrictions, including without limitation, by means of electronic submission or other means, in future trade, publicity and/or advertising for We Are Hurd LTD and collaborating parties, unless prohibited by law. Entrants and Designated Agents further agree: (i) that We Are Hurd LTD may exercise any and all rights hereunder without attribution, notification or compensation to Entrants or Designated Agents; (ii) Entrants and Designated Agent shall not be entitled to any damages or other relief by reason of our use or non-use of Entrants’ Submission; (iii) to be bound by these terms and conditions and the decisions of Hurd and the collaborating partner (iv) that Entrants and Designated Agent may be contacted by We Are Hurd LTD by telephone, mail or email regarding this Artist Submission to Submission Project; and (v) to sign and deliver to We Are Hurd LTD such documents as they reasonably require to effectuate the rights granted herein and/or verify the obligations of Entrant hereunder.
GENERAL TERMS: By entering, Entrant and Designated Agent acknowledge that Administrator has no obligation to use or post any Submission or permit any Entrant to participate who enters a Submission that violates or is not eligible under these terms and conditions. If for any reason We Are Hurd LTD is not capable of running the Submission Project as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Submission Project, Administrator reserves the right, at its sole discretion, to cancel, modify or terminate the Submission Project or any portion thereof. Any attempt by an entrant or other individual to deliberately damage or undermine the legitimate operation of this Submission Project, including but not limited to any fraudulent claims, may be a violation of criminal and civil laws – and should such an attempt be made, Administrator reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Proof of entering or making a Submission will not be deemed to be proof of receipt by Administrator of entry. Any use of robotic, automatic, programmed or like entry methods will void all Submissions affected by such methods and be deemed tampering. Persons engaging in any of the foregoing to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision. By participating, Entrants and Designated Agents agree to be bound by these Terms and Conditions and the decisions of Administrator and We Are Hurd LTD and Collaborating Partners and waive any right to claim ambiguity in the Submission Project or these Terms and Conditions. In addition, Entrants and Designated Agents agree to receive news and offers from Administrator and their affiliates. Administrator reserves the right to make changes or additions to these Terms and Conditions and/or change the dates of the Submission Project at any time. This Submission Project is offered only within the EU and is governed by the laws of England. By entering, Entrants and Designated Agents consent to the jurisdiction and venue of the courts located in England for the resolution of any disputes. THE ENFORCEMENT AND INTERPRETATION OF THESE TERMS AND CONDITIONS SHALL BE EXCLUSIVELY DETERMINED BY ADMINISTRATOR IN ITS SOLE DISCRETION. ALL ENTRANTS AND DESIGNATED AGENTS AGREE TO BE BOUND BY ALL SUCH ADMINISTRATOR DETERMINATIONS AND ACKNOWLEDGE THAT SUCH DETERMINATIONS ARE FINAL AND NON-APPEALABLE.
LIMITATIONS OF LIABILITY AND RELEASE: Administrator and other relevant parties are not responsible for: (i) technical problems or technical malfunction which may affect the operation of the Submission Project, including but not limited to any of the following occurrences (a) hardware or software errors; (b) faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; (c) errors or limitations of any Internet service providers, servers, hosts or providers; (d) garbled, jumbled or faulty data transmissions; (e) failure of any e-mail transmissions to be sent to or received; (f) any inability to upload or download any information in connection with participation in the Submission Project; (g) inaccessibility of Submission Project platform or the Website, in whole or in part for any reason, or traffic congestions on the Internet; (h) lost, late, delayed, corrupted or intercepted e-mail or Submission transmissions; (i) unauthorized human or non-human intervention of the operation of the Submission Project, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; (j) destruction of any aspect of the Submission Project, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Submission Project, including but not limited to, undeliverable contact attempts that result from any form of active or passive e-mail filtering by a user’s Internet service provider and/or email client or for insufficient space in user’s account to receive e-mail; (k) any typographical errors in the announcement of prizes or these Terms and Conditions, or any inaccurate or incorrect data contained on the Website or Submission Project platform; or (l) any personal injury, or property damage or losses of any kind which may be sustained to user’s or any other person’s computer equipment resulting from participation in the Submission Project, use of the Website, Submission Project platform or the download of any information from the Website or Submission Project platform.
ADMINISTRATOR : We Are Hurd LTD., 6 Church Lane, Old Brookend, GL13 9SL.
TM and © 2017. We Are Hurd LTD. All rights reserved.