COMPETITION TERMS & CONDITIONS
 
1.         DEFINITIONS
 
“Competition” means the MySchoolAct online musical talent competition and, in respect of each individual entrant, that Competition for which the entrant has correctly submitted his/her entry and in respect of which he/she has accepted the T&Cs;
 
“Competition Finalist” means (in respect of each Competition) any entrant judged to be one of the ten finalists of such Competition;
 
“Composition” means a musical or literary work (a written song);
 
“Cyber Bullying Policy” means the Promoter’s bullying policy in respect of the Competition as accessed via the Website;
 
“Exclusivity Period” means the period of the Competition (in which the entrant is registered) and the period of 50 days after the end of the Competition, provided that if Sony enters into a Sony Recording Agreement or Sony Management Agreement with the entrant, the Exclusivity Period shall extend until agreement by all parties of the terms of such Agreements;
 
“Grand Finalist” means (in respect of each Competition) any entrant judged to be one of the five grand finalists of the Competition;
 
“Performance” means the entrant’s music-based performance as submitted in the form of a Recording;
 
“Privacy Policy” means the Promoter’s privacy policy in respect of the Competition, as accessed on the Website;
 
“Prize” means the prize(s) awarded to the Winner of the Competition in each instance, as more particularly detailed in these T&Cs and on the Website;
 
“Promoter” means the promoter and operator of the Competition being MySchoolAct Pty Limited;
 
“Publishing Agreement” means an exclusive publishing agreement with Sony Publishing;
 
“Recording” means the audiovisual recording submitted as an entry to the Competition;
 
“School” means in each instance the school attended by an entrant to the Competition;
 
“School Representative” means the official representative of each School (being a Principal, teacher or other person of authority) confirmed to the Promoter as overseeing entries to the Competition by students of that School;
 
“Sony” means Sony Music Entertainment Australia Pty Limited;
 
“Sony Management Agreement” means an exclusive management agreement between Sony or an entity affiliated with Sony and the entrant, in respect of such entity’s management of all of the entrant’s activities in the entertainment industry, throughout the world;
 
“Sony Publishing” means Sony/ATV Music Publishing (Australia) Pty Limited;
 
“Sony Recording Agreement” means an exclusive agreement between Sony and the relevant entrant, in respect of the entrant’s ongoing recording activities and recordings made by that entrant;
 
             “T&Cs” means these Terms & Conditions;
 
             “Website” means the MySchoolAct website at URL www.myschoolact.com;
 
             “Winner” means the winner of any particular Competition.
 
2.         TERMS & CONDITIONS

2.1      Acceptance of these T&Cs is required as a condition of entry to the Competition. By accepting the T&Cs the entrant is confirming that he/she has read and understood the T&Cs and will comply with the T&Cs. All of the T&Cs are legally binding on the entrant.

2.2      By accepting the T&Cs and entering the Competition, the entrant accepts and agrees to be bound by the Cyber Bullying Policy.

2.3      By entering the Competition, the entrant agrees the terms of the Privacy Policy, the Cyber Bullying Policy and the User Conduct Policy, as contained on the Website.
 
3.         GENERAL INFORMATION REGARDING THE COMPETITION
 
3.1      All details regarding the Competition can be found at the Website. If you have any questions, feel free to email the Promoter by accessing the “Contact Us” page on the Website.
 
3.2          Employees of the Promoter and their immediate families, and the employees (and their immediate families) of all agencies and companies associated with the Competition, are not permitted to enter the Competition. If such parties enter the Competition, the Promoter may be obliged to, and shall have the right to, disqualify them.
 
3.3      The Competition is based on the skill and talent of the entrants and chance plays no part in determining the Winner.
 
3.4      It is intended that the Competition will be run once per year, with the dates of each Competition being confirmed on the Website. The Website will state the dates by which all entries must be submitted (and School Representatives registered), in respect of each Competition.
 
3.5      The Promoter accepts no responsibility for incorrect contact details provided by entrants, which may result in the entrant’s entry not being processed at any stage during the Competition (if the entrant cannot be contacted).
 
3.6      Each entrant is solely responsible for any costs associated with creating and/or submitting the Performance, and attending/performing at the grand final event if chosen as one of the Grand Finalists.
 
3.7      Online entry to the Competition is free, however internet connection rates may apply (which are payable by the entrant). Entrants must obtain the permission of the person who pays for any such internet connection.
 
4.         HOW TO ENTER THE COMPETITION
 
4.1      Entry to the Competition is available to Australian residents who are between (and including) the ages of 12 to 18 and who are attending secondary school for the duration of the Competition for which the entrant has entered.
 
4.2      Each entrant may only submit that entrant’s own Performance. Only one Performance entry per entrant. Throughout the Competition the entrant may have the chance to update or modify the submitted Performance, as notified by the Promoter.
 
4.3      The entrants from each School must ensure that the School Representative hasregistered himself/herself as the School’s Representative at the Website. If no School Representative is registered in respect of any School, students at that School cannot enter the Competition.
 
4.4      Each entrant will register their entry to the Competition and submit the Recording(s) of the Performance via the Website, completing the relevant form to confirm their full legal name, their home address, their parent/guardian (if under 18), a description of their Performance, the names and addresses of all performers appearing within or providing services in respect of the Performance (including musical performers, video director, video editor, staging manager and any others), identity of the artist performing the song (if not the entrant), confirmation of whether the entrant wrote the Composition which is being performed (and if not, who wrote the composition, if the entrant knows this), their School, the name of the School Representative.
 
4.5      The entrant must ensure that the Recording is original and has not and will not (for the duration of the Competition) be used for anything other than this Competition. If your Recording has been created previously, you can contact us to see if it is eligible for entry to the Competition.
 
4.6      The Promoter will notify the School Representative of the submitted Performance and will await verification by the School Representative of the entrant’s identity, and confirmation that the Performance is approved by the School for the Competition.
 
4.7      Once the School Representative has notified the Promoter of approval of the Performance, the Promoter will confirm to the entrant his/her successful entry to the Competition.
 
4.8      Entries are deemed accepted at the time of confirmation by the Promoter pursuant to 4.7 above, and not at the time they are uploaded. Incomplete or incomprehensible entries will be ineligible and may be disregarded. The Promoter accepts no responsibility for late, lost, incorrect, faulty or misdirected entries.
 
4.9      All entrants will provide the Promoter or the Promoter’s authorised agent with proof of identity, residency, age and/or proof of entry validity if selected as a Competition Finalist and/or the Winner, or if requested by the Promoter. In the event that any entrant refuses or cannot provide suitable proof, such entrant may be disqualified and (if the Winner) will forfeit the Prize in whole and no substitute will be offered.
 
4.10    The Promoter has the right to terminate or reject any Competition entry if the Promoter in its reasonable discretion believes that the Recording or the Performance is not original (is not created by the entrant), is obscene, defamatory or otherwise offensive or may damage the reputation or running of the Competition, if the entrant does not comply with any of the T&Cs or if the entrant’s behaviour is or is liable to be (in the Promoter’s opinion) offensive or damaging to the reputation or running of the Competition, to any other entrant or to the Promoter or to any third party associated with the Promoter or the Competition.
 
5.         HOW THE COMPETITION WORKS
 
5.1      Each accepted Performance will be available at the Website for viewing by the public. Members of the public shall have the opportunity (via the Website) to comment on Performances and vote for their favourite Performance(s).
 
5.2      In the final weeks of the Competition the Website will provide details of the Competition grand final event, including the identity of the judges.
 
5.3      The 10 Competition Finalists will be those who have received the majority of votes from members of the public, via the Website.
 
5.4      Prior to the Competition grand final, the judges will choose the 5 Grand Finalists, from the 10 Competition Finalists.
 
5.5      Each of the Grand Finalists will perform live at the grand final event before a live audience and the Competition judges. Failure to perform at the grand final event may result in disqualification from the grand final, as determined in the Promoter’s sole discretion. The Winner shall be determined in the judges’ sole discretion taking into account quality and originality of performance, and without reference to public votes. The judges’ decision is final and no correspondence will be entered into.
 
5.5      The winner of the grand final event shall be the Winner of the Competition, and shall receive the applicable winning Prize.
 
5.6      The Prizes are as detailed on the Website.
 
5.7      All other elements of the Competition are provided on the Website.
 
6.         PERFORMANCES AND SUBMITTED MATERIAL
 
6.1      All entrants warrant (promise to the Promoter) that the Performances and all other materials submitted by the entrant during the Competition are, excluding only the Composition and Recording, wholly their own original creation and that their entry will not infringe the copyright or other rights of any person or third party.
 
6.2      To the extent that any other student from the School has helped in the creation of the Recording or other materials, or helped the entrant in any way in respect of the Performance, the entrant warrants that all necessary consents from such student(s) have been obtained by the entrant. Only students at School with the entrant can help the entrant create the Recording or undertake the Performance, except where the entrant needs a non-student musical accompanist (for example to play an instrument) in the Performance as recorded, or in the live grand final performance. The entrant will list all people involved in the Performance and the Recording, in accordance with 4.4 above.
 
6.2      The Performance may be a performance of a Composition written by the entrant or written by someone other than the entrant, or a Composition which is partly written by the entrant and partly written by someone else. When submitting his/her Recording the entrant must advise the Promoter who wrote the Composition (if known), in accordance with 4.4 above.
 
6.3      The Performance may include (for example, as background music) a musical recording of someone else singing or playing. For example the entrant may perform to a recording by a popular artist. Alternatively, the entrant may sing a Composition themselves. When submitting his/her Recording the entrant must advise the Promoter who sings the Composition (if known), in accordance with 4.4 above.
 
6.4      The entrant understands it is important for the Promoter to know whether music and songs by other people are being used as part of the Performance. If the entrant provides false or insufficient information regarding the Performance and the Recording, it may be necessary for the Promoter to disqualify the entrant and exclude the entrant’s Performance from the competition. The Promoter may do this in the Promoter’s reasonable discretion and on notice to the entrant.
 
7.         USE BY THE PROMOTER OF SUBMITTED MATERIAL
 
7.1      The Recordings and, if applicable, other materials provided by the entrant to the Promoter, will be displayed and broadcast on the Website, as part of the Competition.
 
7.2      In addition to performing the Recordings in the course of the Competition, the Promoter has the right to use all materials submitted by entrants for promotional purposes, in respect of the Competition. Such use may relate to the Competition in which the entrant is involved, or any other Competition or aspect of the Competition.
 
7.3      By entering the Competition, each entrant grants the Promoter an exclusive licence during the Competition in which the entrant is involved, and a non exclusive license after that Competition, throughout the world, to use the materials in respect of the Competition, in the ways set out in these T&Cs. This licence applies in respect of music and/or lyrics written by the entrant. The entrant grants these licences on behalf of all parties involved in the Performance, having obtained the right to do so without restriction, as per 6 above.
 
7.4      The Promoter is entitled to edit, alter, reproduce, combine with other works and subject matter, digitise, publish, exhibit, communicate to the public and otherwise use the Competition entries, in connection with the Competition. However the Promoter will not commercially exploit (sell for financial return) the Performances, and will not change the fundamental nature of the Performance as submitted by the entrant.
 
7.5      The personal information supplied by entrants when entering this Competition (for example the entrant’s name) will be used by the Promoter to conduct the Competition, to contact entrants and for promotional purposes as set out in these T&Cs. The Promoter will not use or disclose an entrant’s personal information for any other purpose, without the entrant’s express consent. Use of information by the Promoter will be in accordance with the Privacy Policy.
 
7.6      In addition to the licence granted to the Promoter above in respect of materials submitted during the Competition, the entrant agrees the provisions of 8 and 9 below.
 
8.         BINDING RECORDING AND MANAGEMENT ARRANGEMENTS
 
8.1      Each entrant accepts that if they are the Winner of the Competition they will enter into the Sony Recording Agreement and Sony Management Agreement, subject to agreeing terms of the Agreements. Also, Sony has the right in its discretion to enter into a Sony Recording Agreement and/or Sony Management Agreement with all or some of the Competition Finalists, and each entrant accepts that if he/she is a Competition Finalist, he/she may be required to enter into a Sony Recording Agreement and/or Sony Management Agreement, subject to agreement of terms of the Agreements.
 
8.2      Each entrant confirms that he/she has the ability to enter into the Sony Recording Agreement and Sony Management Agreement on an exclusive and ongoing basis, subject to agreement of other terms. Each entrant will remain free and able to enter into such Agreements, for the duration of the Exclusivity Period and in respect of the entire world. The entrant will not enter into arrangements which might conflict with these potential Agreements, during this period. If in respect of any Competition Finalist Sony does not exercise its right to enter into a Sony Recording Agreement or Sony Management Agreement, the entrant is free after the Exclusivity Period to enter into that type of arrangement with a third party.
 
8.3      Unless and until Sony agrees something different with the Winner and any Competition Finalist, each entrant will retain all ownership rights in the Recordings. Ownership is subject to the licence grant to the Promoter, at 7 above. The entrant understands and accepts that if he/she enters into a Sony Recording Agreement then rights in the Recordings and other recordings by the entrant will be granted exclusively to Sony.
 
8.4      Each Winner and any Competition Finalist to whom Sony offers a Sony Recording Agreement and/or Sony Management Agreement will be given the opportunity to review and negotiate the terms of the Agreements, using the services of a solicitor chosen by a majority vote of the Competition Finalists prior to determination of the Grand Finalists. The Promoter shall pay the costs of the solicitor. No other solicitor or third party may negotiate the Agreements on the entrant’s behalf. Each entrant accepts that if terms cannot be agreed by the entrant and Sony in respect of the Sony Recording Agreement and the Sony Management Agreement, then the Promoter may in its discretion remove the entrant from the Competition, and that entrant will not be eligible to progress further in the Competition.
 
9.         BINDING PUBLISHING ARRANGEMENTS
 
9.1      Sony Publishing will offer the Publishing Agreement to the entrant whose original songwriting for the Competition is chosen by the panel of judges as being the best in that Competition. The Publishing Agreement will include a personal advance to the winning entrant of no less than $15,000.
 
9.2      Each entrant who submits original written music and/or lyrics to the Competition (a “Writer Entrant”) accepts that if they are the winner of the songwriting element of the Competition they will enter into the Sony Publishing Agreement, subject to agreeing terms of the Agreement.
 
9.3      Each Writer Entrant confirms that he/she has the ability to enter into the Publishing Agreement on an exclusive and ongoing basis, subject to agreement of other terms. Each Writer Entrant will remain free and able to enter into such Publishing Agreement, for the duration of the Exclusivity Period and in respect of the entire world. The Writer Entrant will not enter into arrangements which might conflict with this potential Agreement, during this period.
 
9.4      Unless and until Sony Publishing agrees something different with the winner of the songwriting prize, each Writer Entrant will retain all ownership rights in the songs they have written. Ownership is subject to the licence grant to the Promoter, at 7 above. The entrant understands and accepts that if he/she enters into the Publishing Agreement then rights in the songs written by the Writer Entrant will be controlled exclusively by Sony Publishing, on the terms which Sony Publishing and the winning Writer Entrant agree.
 
9.5      The winner of the songwriting element of the Competition will be given the opportunity to review and negotiate the terms of the Publishing Agreement, using the services of the solicitor referred to at 8 above. The Promoter shall pay the costs of the solicitor. No other solicitor or third party may negotiate the Publishing Agreement on the entrant’s behalf.
 
10.      GENERAL
 
10.1    If for any reason the Competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes which corrupt or affect the administration, security, fairness or integrity or proper conduct of this Competition, the Promoter reserves the right in its sole discretion to take any action that may be available, and to cancel, terminate, modify or suspend the Competition. The Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process or acts in any way which corrupts or affects the administration, security, fairness, integrity, reputation or proper conduct of the Competition or the Promoter and any entity connected with the Competition.
 
10.2    To the extent permitted by law, the Promoter excludes liability for any problems or technical malfunction of any telephone network or lines, computer on–line systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on telephone networks or lines.
 
10.3    The Promoter is not liable for any costs incurred by the entrant in entering the Competition, including in circumstances where the Promoter cancels the Competition or (for reasons set out in these T&Cs) terminates the entrant’s entry to the Competition;
 
10.4    The Promoter and associated entities will not be held liable for any loss or damage whatsoever which is suffered (including but not limited to direct or consequential loss) or for any personal injury suffered or sustained in connection with any Prize/s, except where caused by the liability of the Promoter and except for any liability which cannot be excluded by law.
 
 

 
USER CONDUCT POLICY
 
About This Document
 
This document confirms the acceptable conduct of all entrants to the Competition and visitors to this website. By interacting on the Website you accept these codes of conduct and agree to be bound by these codes. You also agree to be bound by the Cyber Bullying Policy. If you are or will be an entrant to the Competition, you are bound by the Terms & Conditions in addition to the other website policies.

    1. Choose your profile picture with care:

Display a picture that is a true representation, but not over the top.  Think to yourself: “Would I show this to my mum and dad?”

    2. Write your bio accurately and don’t try too hard:

Misrepresentation will not benefit you in the long run.  Be honest and take the time to write something that is true to who you are.

    3. Post with purpose:

Over-posting will have your fans or acts dropping like flies. Only comment to individuals within your network when you have something meaningful to say or add.
Don’t use the open forum to promote other people, products or services – except for performances entered in the Competition.

Remember, you are responsible for all your activities whilst participating on the website, so post carefully.

    4. Be aware of the ‘one too many’ factor:

Understand that when you post information up on MySchoolAct, multiple users can view it—sometimes hundreds or thousands of people – including your mum, dad, teacher, principal, etc.  So think before you share! Personal matters between yourself and another user of the MySchoolAct website should remain personal – don’t discuss these matters at the website.

Don’t provide your or anyone else’s private details (such as telephone numbers, addresses etc).

    5. ‘Cyber Bullying’ versus Constructive Criticism:

Just because we have a strict Cyber Bullying Policy, does not mean that MySchoolAct restricts you from engaging in constructive criticism.
Constructive criticism involves posting comments that aren’t personal, but rather feedback on a performance that has room to improve. It’s about identifying an aspect of performance that could be better, then offering a tip or suggestion for improvement.  In order to keep your criticism balanced, you should try couple your criticism with something that you liked about the performance.
 
For example, if you view a guitar performance of a great song that sounds a little out of tune, you might comment: “Hi there, I love the song you played, but I think your F string might be a little out of tune. Have you tried using an electronic tuner?”
 
Posting a comment such as “That sucked” is hurtful, not constructive and could be classified as a form of cyber bullying. 

By all means, if you think someone’s performance is great, then tell them and tell them why. The music industry is small and kind gestures will go a long way toward building your network of contacts and supporters.

MySchoolAct is not responsible for content on the Website which is created by visitors to the website – user generated material.

    6. Obey the law, and be considerate:
 
You cannot use the website to publish or broadcast material or information which is illegal, which infringes the rights of anyone else, which is defamatory or obscene, or which you know is incorrect. Competition entries and interaction on the website cannot contain explicit lyrics or wording, profanity, drug or sexual references.
 
Don’t include materials (including photos) unless you own those materials or have obtained express consent from the owner to use them in this way. Also, don’t use or post materials (including software) which is likely or designed or which you believe may harm the MySchoolAct website or other people’s computers, software or contributions on the website. Don’t provide software or identify systems to others which would allow others to access inappropriate or illegal material or websites.
 
MySchoolAct has the right to remove or edit any comments or posts, if MySchoolAct believes in its sole discretion that such comments/posts are inappropriate, offensive, irrelevant or posted at the wrong place on the website.

Do not pretend that you are representing MySchoolAct or any of its partners or affiliates, or that you are speaking on behalf of the Competition, when you comment on acts or the Competition. Falsely impersonating someone or your position in this way will not be tolerated.
 
    7. Don’t harm the website:
 
Don’t post or use computer programs containing viruses, worms, Trojan horses or other software which is or can be damaging or disruptive to the website or other computers.

    8. Taking advice from other people:
 
You are responsible for any decisions you make or actions you take, based on comments or advice provided by us or by other people interacting on the website. This includes changing your Competition entry or performance (where permitted). Think carefully about what you decide to do, and make sure you are comfortable with your decision before you carry it out – it won’t change anything for you to later claim it was a mistake or based on someone else’s opinion.
 
    9. Uphold the Code of Conduct:
 
Don’t encourage others to act in a way which is contrary to this code of conduct or the Cyber Bullying Policy, and make sure you uphold them yourself. This helps to make the website a positive experience for everyone.
 
    10. Criticism of MySchoolAct or the Competition:
 
We are happy to receive your comments regarding the Competition, including any concerns or complaints you may have about how the Competition or the website are run. However do not post these in the general comments section, send your comments to us via the “Contact Us” icon. We take all these comments seriously, but the open forum of the website is a positive area which relates to the Competition entries and acts.

Similarly we expect you to treat our partners and sponsors with respect. If you have any concerns about these entities, send us your comments via the “Contact Us” icon.

    11. Continued use of the website:
 
If you post material which is defamatory or discriminatory towards any other person, or otherwise is contrary to this code of conduct and/or the law, or act in any way which is contrary to this code of conduct or the Cyber Bullying Policy, MySchoolAct has the right to immediately remove such material and ban or suspend you from future use of the website. To the extent you have acted in a way which is contrary to our policies or is illegal, you shall be liable for your actions.
We will keep your personal information confidential in accordance with our Privacy Policy, but we may disclose this information where required by law.

    12. Code of Conduct:
 
We may alter this code of conduct from time to time, without notice. You agree to periodically review this code to ensure you are aware of and complying with the current version.