TERMS AND CONDITIONS

42BELOW AND MTV 42UNHEARD Competition Terms and Conditions

(a) The “Promoters” are MTV Networks New Zealand Limited (“MTV”) and 42 Below Limited (“42BELOW”). The “Competition” is 42UNHEARD Competition.

(b) These terms and conditions apply to this Competition. Any entry not complying with the Terms and Conditions is invalid.

(c) By entering this Competition you agree to these Terms and Conditions and any other applicable terms as advised by the Promoters.

(d) To be eligible to enter the Competition all artists and band members (‘the Entrants”) must:

be residents of New Zealand;
be aged 18 years or older;
not have any prior recording or publishing contract/s in place that will prevent them from being able to accept the winning recording contract with Universal Music New Zealand Limited (“Universal”);
hold a passport valid for 6 months after October 2010; and

5. be eligible to enter the United States of America on the Visa Waiver Program (http://travel.state.gov/visa/temp/without/without_1990.html).

The Promoters reserve the right to request valid proof of age identification.
Employees and immediate families of MTV and 42BELOW, their associated companies and agencies are not eligible to enter.

(e) The Competition can be entered at www.mtv42unheard.com (“the Website”).

(f)       To enter, Entrants must:
i)    complete a valid registration form online at the Website; and
ii)    submit an original track online at the Website which the Entrant has recorded and which has not had a previous commercial release in New Zealand.

(g) Recordings submitted for Competition entry must be provided royalty free. No payments, royalties or licence fees can be sought for the broadcast of the submitted recording (including the underlying musical work) during the period of the Competition (1 September 2009 to 31st March 2010 inclusive) or for use of the recording and song in 42UNHEARD and MTV promotional material.

(h) The Promoters will use all reasonable endeavors to ensure that the submitted recordings will not be made available for download (free or otherwise) without the prior consent of the Entrants.

(i) The Promoters will use the submitted recording only in relation to the Competition, including, but not limited to, possible use in advertisements and on websites relating to the Competition during the period of the Competition. The Promoters will not use the submitted recording in any other way without the prior written consent of the Entrant.

(j) All entries must include the name of a contact person for the Entrant, and the postal address, telephone number and email address of such contact person.

(k) Entries to this Competition open on 1 September 2009 and close at midnight on 30 September 2009. Entries received after closing date will not be eligible.

(l) The Promoters reserve the right to verify entries and disqualify any Entrant for tampering with the entry process, including, but not limited to, submitting an entry that is not in accordance with these terms and conditions. The Promoters’ decision is final and no correspondence will be entered into.

(m) Entries will be validated at MTV Networks New Zealand, Level 2, 155 Karangahape Rd, Auckland, New Zealand, in accordance with these terms and conditions. All valid entries will be entered into the Competition.

(n) Valid entries will be judged by a panel of judges and twenty finalist Entrants will be selected to go through to the voting stage of the Competition. The twenty successful Entrants will be informed by 7 October 2009 by email or telephone. The names of the successful Entrants will also be published on the Website.

(o) Selection of judges is at the discretion of the Promoters. The judges’ decision is final and no correspondence will be entered into.

(p) Judges may, where they deem such step necessary, contact any Entrant to obtain further information, including, but not limited to, further information relating to the Entrant and other recordings made by the Entrant (if any).

(q) The voting phase of the Competition will commence on 9 October 2009 and will close at midnight on 6 November 2009. Votes may be submitted by members of the public online at the Website during this period. Voting is limited to one vote per person per day.

(r) The four Entrants who receive the most public votes over the Website will receive automatic entry into the final.

(s) In addition, the judges will have the discretion to select a fifth Entrant to advance to the finals as a wild card entry. The judges’ decision in relation to the wildcard entry is final and no correspondence will be entered into.

(t) The Promoters reserve the right to increase or reduce the number of Entrants advancing to the finals at their discretion.

(u) The Entrants selected to advance to the finals (“the Finalists”) will be notified by telephone or email prior to 10 November 2009. In the event that the Promoters are unable to contact any Finalist by 17 November 2009, or in the event that any Finalist is unable to accept their place in the finals for any reason, the Promoters reserve the right to select another Entrant to progress to the finals.

(v) Each Finalist will be required to sign an exclusive recording contract with Universal before they are accepted into the finals. This contract will be provided to the selected Finalists prior to 10 November 2009. The recording contract will only apply if the Finalist is ultimately selected as the winner of the Competition. All Finalists will also be required to sign an agreement that gives Universal a first right of negotiation in relation to entering into a recording agreement with the Finalist for a period of three (3) months from the end of the Competition.

(w) Universal and 42BELOW will pay the agreed costs (50% each) of an independent music lawyer appointed by both Universal and 42BELOW to provide legal advice to the Finalists in relation to the recording contract.

(x) Recording contracts signed by the Finalists must be received by the Promoters by 1 December 2009. Any Finalist who does not provide a signed contract by this date will not be eligible to advance to the finals.

(y) Finalists must be in attendance at the final on 11 December 2009, at advised time and venue in Auckland, and play a set to the length determined by the Promoters.

(z) The Promoters will pay for reasonable domestic transport and local accommodation costs necessary for Finalists to attend the finals in Auckland. The payments of such costs will be at the discretion of 42BELOW. Any other costs incurred will be the responsibility of the Finalists.

(aa) The winning Finalist (“the Winner”) will be selected by the judges and announced on the night of the final. The judges’ decision is final and no correspondence will be entered into.

(bb) The Winner will receive:

A recording contract for the Winner with Universal pursuant to which Universal shall release one single by the Winner and have further options on albums;

An trip to New York in October 2010 (dates to be advised by the Promoters) to perform at the New Zealand Music Showcase, including return economy flights from Auckland to New York, accommodation for the duration of the trip, reasonable transport and food costs, per diem allowance, the cost of visas under the visa waiver program to be organised by the Winner), and any excess baggage charges relating to Winner’s musical equipment. All payments are at the sole discretion of the Promoters (up to a maximum value of NZ$35,000).

A NZ$5000 grant from New Zealand on Air on the submission of a funding application by the Winner;

Studio time in a Universal selected recording studio, such selection to be approved by 42BELOW prior to entry into any agreement (whether verbal or written, with the owners of the selected studio. The studio time will be at the expense of 42BELOW;

Video airplay of the Winner’s recording/s on MTV for at least one month at the discretion of MTV; and

A minimum one page band profile in Real Groove magazine.
The Prize does not (except as expressly stated) include:
any personal expenditure, including, but not limited to personal shopping, sightseeing and activities, in relation to the trip to New York.
any other ancillary costs which may be incurred by the Winner in relation to the Prize.

(cc) All non-winning Finalists will receive:

one day (maximum 8 hours) of studio time at Red Bull Studios with an audio engineer (studio use subject to Red Bull Studio terms and conditions); and
one case (twelve 700mL bottles) of 42BELOW vodka (flavour at 42BELOW’s discretion).

(dd) All Entrants must be available to be filmed by the Promoters at any point during the Competition. Any material filmed by the Promoters will become the property of the Promoters and the Promoters may reproduce, publish, adapt, communicate, cause to be seen and/or heard in public or otherwise use any such material throughout the world in perpetuity and without needing to provide additional compensation. The Entrants agree that the Promoters may use their names, images, recordings, lyrics and/or any other record of their participation in the Competition in any press releases, advertisements, television, radio, film documentary or online or in any other publication or media without their prior consent. The Entrants agree to waive any rights and/or fees in respect of appearance in any such materials.

(ee) The Promoters and their associated agencies shall not be liable for any loss or damages whatsoever arising from or in association with this Competition and the Prizes and/or any part of the Prizes offered. The Promoters will not be responsible for the Winners being unable to take the Prize, or any part of the Prize.

(ff) The Prize is not transferable or exchangeable and cannot be taken as cash. If for any reason the Winners are unable to take the Prize, the Winners will forfeit the Prize and other winners will be selected in their place.

(gg) As organisers of the Competition the Promoters have the right to revise, modify, amend or cancel any part of the Competition, including without limitation, all or any part of the Prize offered, at any time without notice.

(hh) The Entrants understand that Bacardi operates within a framework of Corporate Social Responsibility (see below) and as such the band are expected to maintain a reasonable standard of behaviour, including, without limitation, submitting and performing recordings in the Competition which adhere to the CSR principles, and drinking in a socially responsible manner, during the Competition. Failure to adhere to this condition may result in the band being disqualified from the Competition.

(ii) See our privacy policies at www.42below.com and http://mtv.co.nz/terms/.

(jj) By entering this Competition you are deemed to accept all these terms and conditions.

Corporate Social Responsibility

All entries submitted (the song lyrics, title and performance, including clothing worn by the entrants in the Performance and all Entrants’ behaviour for the period of the Competition must fit within Bacardi CSR framework:

No obscene, offensive, disparaging, dangerous, defamatory, libellous, graphic, inapplicable, or sexually inappropriate content or behaviour, including, without limitation, suggesting/depicting violence, nudity, profanity, or illegal or sexually explicit activity or consumption of alcohol beverages, as determined at the sole and absolute discretion of 42BELOW.
Recordings cannot include anything contrary to CSR.
No consumption of alcoholic beverages while driving or carrying out dangerous activities.
Should not suggest/depict situations where alcohol products are being consumed rapidly, excessively, involuntarily, as part of a drinking game, or as a result of dare
Should not suggest/portray:

persons lacking control over their behaviour as a result of consuming alcohol product;
nor disparage competing products.

All submitted recordings must be an original creation and not been copied from any other work. They must not violate or infringe any copyright, trade mark, or other proprietary right of any person or entity and MUST have all third-Party licenses, releases or other permissions that may be necessary with respect to any people or third-Party property of any kind that are depicted or mentioned.