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TERMS AND CONDITIONS

  1. General

    1. MTVNA Networks Australia Pty Ltd ACN 107 601 418 of 4-16 Yurong St East Sydney (MTVNA) is the promoter of this Kickstart competition (Competition).
    2. Information on how to enter forms part of these Terms and Conditions.
    3. By entering any competition promoted by MTVNA you agree to these Terms and Conditions and any other applicable terms as advised by MTVNA

  2. Entry requirements

    1. Entrants must be residents of Australia.
    2. The employees, agents and contractors of MTVNA, its media partners and any of its affiliate, parent or subsidiary companies are not eligible to enter the Competition.
    3. Direct family members of any person included in 2(b) are not eligible to enter.
    4. Entrants under the age of 18 must obtain parental permission before entering this competition
    5. The Competition opens on 23 June 2008 and closes on 25 July 2008 at 11:59pm. Entries received after this date will not be eligible
    6. To enter entrants must log-on to www.mtv.com.au/kickstart (Website) and submit:

      • at least one but no more than three original entry track/s in mp3 format (128kbts/sec - bit rate 44.1khz - sample rate stereo – channels); and
      • a band description setting out band name, band biography and contact name, address, phone number and email address (where applicable) for all band members. Where a band member is under the age of 18, entries must include contact details for that member’s parent/guardian.

    7. Notwithstanding the fact that entrants may submit up to a maximum of three tracks; they must nominate one entry track (Entry Track) to be judged upon for the purposes of this Competition.
    8. All sound recordings and underlying musical works submitted by the entrant including the Entry Track will be referred to throughout these Terms and Conditions as the Track/s.
    9. Entrants, upon entering this Competition, grants MTVNA and its sponsors and media partners associated to this Competition a non-exclusive royalty-free licence to use, reproduce, communicate, edit and adapt all Tracks by way of all media including without limitation, on the Website throughout the world for the duration of copyright. MTVNA may, at its discretion, continue to make the Website available after the closing date of this Competition.
    10. By registering entrants agree that all information and details provided to us are accurate, true and up-to-date in all respects and at all times.
    11. By entering this competition entrants agree that MTVNA may deem any entry ineligible and may take any further action it deems appropriate if MTVNA reasonably considers the entry (including any Track) to be:

      1. in violation of any law
      2. defamatory;
      3. false or misleading;
      4. an infringement of any third party rights, including copyright of any person;
      5. obscene, abusive, offensive, blasphemous or discriminatory to any person;
      6. intended to cause nuisance or otherwise vexatious;
      7. compromising to the privacy of any person;
      8. seeking to endorse any good or service or to solicit business; or
      9. otherwise in breach of any condition of entry or warranty contained in these terms and conditions

    12. Each band may only enter this Competition once.
    13. The Track/s must not have been commercially released or commercially distributed anywhere in the world.
    14. The entrant and each member of the entrant or entrant’s band must not have entered into any agreement to license, assign or otherwise dispose of any rights including without limitation copyright (current and future) in any sound recording or musical work to any person (excluding any copyright collecting society in respect to public performance) in particularly any record label or music publisher anywhere in the world that may limit or affect MTVNA’s rights under these Terms and Conditions.
    15. MTVNA may deem ineligible any entry that contains inaccurate, illegible or incomplete information or does not otherwise comply with entry specifications
    16. Any Track/s, information, photographs, audio-visual or other material provided to MTVNA by an entrant as part on an entry to this competition will not be returned to entrants. Entrants are advised to not send original material.
    17. MTVNA accepts no responsibility for lost entries.
    18. Unless otherwise agreed, any personal or confidential information submitted to MTVNA by any person in the course of entering or being otherwise involved in this competition will be used by MTVNA in accordance with its Privacy Policy.

  3. Judging

    1. A panel of media industry experts (Judging Panel) will make an initial selection of at least five (5) entrants (Semi-Finalists) from each Capital City (being Sydney, Perth, Adelaide, Melbourne and Brisbane).
    2. The Semi-Finalists will be required to perform their Entry Track (unless otherwise agreed between MTVNA and the Semi-Finalist) at the event in their Capital City at the following venues on the following dates:
      • Melbourne: Miss Libertine 7 August 2008
      • Adelaide: Rocket Bar 22 August 2008
      • Perth: The Bakery 29 August 2008
      • Brisbane: Troubadour 4 September 2008
      • Sydney: Oxford Art Factory 5 September 2008

        • All of the Semi-Finalist’s costs, including transport and accommodation associated with attending a Capital City Event are the sole responsibility of the Finalist.

    3. Each Semi-Finalist will be responsible for providing their own backline (all instruments, amplifiers etc) as well as providing MTVNA with an input/channel list and stage plot in respect of their performance at the Capital City Event
    4. All Semi-Finalists will be notified that they are required to attend a Capital City Event by telephone no later than 30 July 2008.
    5. If any Semi-Finalist is unable or unwilling to attend the Capital City Event for which they have been selected MTVNA may select another entrant from that Capital City to replace that Semi-Finalist with no further obligation or liability to the first selected Finalist.
    6. Winners of each Capital City Event will be determined by the Judging Panel on a range of criteria including their entries and their performance on the night as well as audience response.
    7. The Judging Panel will select at least 1 winning band from each Capital City Event (Finalists).
    8. In the event that a winning band from a Capital City Event is unable or unwilling to be a Finalist and/or to travel to Sydney to attend the MTVNA Kickstart program special (such an opportunity to be part of the Finalist Prize Pack), MTVNA may, at its sole discretion, select an alternative finalist from any capital city in Australia without further liability to the original Capital City Event Finalist.
    9. The Entry Tracks of all Finalists of the Capital City Events will be promoted online at the Website and the major prize winner (Major Prize Winner) will be voted by the public. The voting period will take place between 9 September 2008 and 3 October 2008.
    10. The Major Prize Winner will be notified by telephone no later than 9 October 2008.

  4. Prizes

      Finalist Prizes

    1. The Capital City Finalists will each be awarded the following minor prize pack (Minor Prize):
      • Return economy flights to Sydney from the entrant’s most proximate capital city (where the Capital City Finalist lives outside of Sydney);
      • Two (2) nights accommodation at a minimum 3 star hotel to be advised by MTVNA;
      • On-ground transfers for Finalist band members (and chaperones where there are band members under the age of eighteen (18)) ; and
      • Appearance and performance at the MTV 2008 Kickstart event.

      2. Major Prizes

    2. The Major Prize Winner of the Competition will win the following prize consisting of:
      • $15,000.00 AUD
      • 2008 Aria Awards Package including:
        • Tickets for all Major Prize Winner band members to the 2008 Aria Awards event (ARIA Awards) to take place on 19 October 2008;
        • Appearance on the red carpet at the Aria Awards;
        • Return economy flights to Sydney from the band’s most proximate capital city (where the Major Prize Winner lives outside of Sydney);
        • One (1) nights accommodation at a 3 star hotel to be advised by MTVNA;
        • On-ground transfers for Major Prize Winner band members (and chaperones where MTVNA has advised the need for chaperones to be present).
      • The opportunity to appear in an MTVNA Kickstart interstitial (of approximately 3 minutes) to be broadcast on the MTV channel; and
      • additional press and media support as determined by MTVNA.

    3. MTVNA may require each member of the Major Prize Winner to sign a copy of these Terms and Conditions.
    4. Once a prize has been collected MTVNA is not responsible for the use or distribution of any prize including any tax requirements that may apply in respect of any prize.
    5. Upon entering into this Competition entrants release, to the extent permissible by law, MTVNA from any claim or loss for damage to person or property suffered or sustained, as a result of taking any prize under this Competition.
    6. If a prize referred to in this Competition becomes unavailable for any reason MTVNA reserves the right to substitute that prize for a similar item of similar value.
    7. Prizes are not transferable or redeemable for cash. MTVNA accepts no responsibility for any variation in the value of the prizes.
    8. Prize winners agree to participate in any promotional activity promoting MTVNA, Competition sponsors and/or the Competition at the reasonable request of MTVNA.

  5. Intellectual Property

    1. By entering this Competition entrants agree that MTVNA may, except as otherwise provided in this clause, publish, reproduce and communicate anything contained in an entry including without limitation the Tracks by way of any media throughout the world for the duration of copyright, and licence others to do the same.
    2. MTVNA will not be liable to compensate any person in respect of its use of the Tracks under 5(a), including no obligation to pay royalties.
    3. For the avoidance of doubt MTVNA may not make the Tracks available for sale by any means without the consent of the entrant.
    4. MTVNA will own all rights in the recordings made by MTVNA of:
      • all Semi-Finalists’ performances at Capital City Events;
      • all Finalists’ performances at the Kick Start Special
      • any other performance, interview or appearance of the Semi-Finalists, Finalists or Major Prize Winner made in connection with this Competition.

        • These will collectively be known as the Recordings.

    5. MTVNA may publish, reproduce, communicate or otherwise use the Recordings by way of any media throughout the world for the duration of copyright and licence others to do the same, without any liability to compensate any person in respect of its use of the Recordings.
    6. MTVNA may require an entrant or prize winner to execute any document necessary to give effect to 5(a) and (d).

  6. Warranties

    1. By entering this Competition each person warrants and represents to MTVNA that:
      • nothing in any entry to this competition infringes the rights, including copyright, of any third party and is not defamatory or obscene and does not breach any state or commonwealth law;
      • any samples or other third party material contained in any entry have been cleared (including the payment of all licence fees) with all relevant third parties;
      • the Entry Track has not been publicly released any where in the world;
      • the entrant and each member of the entrant or entrant’s band has not licensed, assigned or otherwise disposed of any rights including without limitation copyright (current and future) in any sound recording or musical work to any person (excluding any copyright collecting society in respect to public performance) in particularly any record label or music publisher anywhere in the world that may limit or affect MTVNA’s rights under these Terms and Conditions.
    2. Entrants indemnify MTVNA against any claim, loss or damager suffered by MTVNA as a direct or indirect consequence of a breach by the entrant of any warranty or representation contained in these Terms and Conditions.
    3. If MTVNA becomes aware that a prize winner is in breach of any warranty contained in these Terms and Conditions or made subsequently to MTVNA, MTVNA may deem that prize winner ineligible.

  7. Toyota Sponsorship

    If any entrant wishes to receive information about Toyota news, events and offers (including via electronic means) from Toyota, entrants can tick the opt-in box located on the registration page. In using the personal information of entrants who tick the opt-in box for the purposes set out above, Toyota may disclose the information to Toyota dealers, to its related bodies corporate, agencies and contractors (including call centres, advertising agencies and direct mail houses). The Promoter and Toyota are bound by the National Privacy Principles contained in the Privacy Act (Cth) 1988. A copy of Toyota's privacy policy can be viewed at www.toyota.com.au. To request access to, or to update personal information Toyota holds about them, entrants can contact the office of Toyota (an administrative fee may be imposed to access personal information).

  8. Governing Law

    These Terms and Conditions are governed by the laws of the state of New South Wales, Australia.