Levi's® Music Prize
Terms & Conditions
#Levi’s® Music Prize Official Rules, Terms and Conditions
You (an individual artist or band, referred to hereafter as “Artist”) and Levi Strauss Australia Pty Ltd. (“Levi’s® Australia”) and Queensland Music Network Incorporated (“QMusic”) (together the “Sponsor”) are entering into this agreement for the Levi’s® Music Prize in partnership with BIGSOUND. In order to apply to participate in for the chance to receive the Levi’s® Music Prize in partnership with BIGSOUND, the Artist must accept these Terms and Conditions, and therefore should take the time to understand them. If the Artist consists of multiple members, each member must accept these terms for the Artist to participate.
Summary of Certain Key Terms and Conditions
The following is a summary of certain key terms and conditions of the Levi’s® Music Prize. Please read the full Terms and Conditions comprising the Agreement for a complete understanding.
The Levi’s® Music Prize in partnership with BIGSOUND will be awarded to three (3) Artists per application round, with two (2) application rounds in 2021.
The Levi’s® Music Prize in partnership with BIGSOUND award consists of:
$AU15,000 (inclusive of GST) cash award per winning Artist, to be used to fund a Project proposed by the Artist.
Artist-selected Levi’s® outfit, per member of each Artist (three units of apparel and accessories per member)
Additionally, the following providers will also be offering free of charge their support package/workshop to each of the winners (individual, or in the case of a band, each member of the band):
Indigo Project Psychologists Pty Ltd: Mental health support package
Bolster: Digital marketing workshop session
To be eligible for the Levi’s® Music Prize in Partnership with BIGSOUND:
Round one (1), Artists must be one of The BIGSOUND50;
Round two (2), Artists must participate in the BIGSOUND 2021 as performers,
and for either rounds, the Artists must satisfy Australian and/or New Zealand residency requirements and other eligibility requirements set forth in these Terms and Conditions.
Winners will be determined by an industry judging panel. The judging panel will consist of music industry professionals as determined by QMUsic (as defined below), and all decisions by the judging panel are final.
The winners from each round will be required to submit a Project Proposal covering the use of the funds for approval.
Applicants will need to satisfy all the requirements of the Agreement to receive the prize award.
The Sponsor shall have the right to use any content, audio and video recordings created in connection with the Levi’s® Music Prize in partnership with BIGSOUND and one (1) song approved by each winner as further described in sections 6 and 7 of the Agreement for the purpose of promoting the Levi’s® Music Prize in partnership with BIGSOUND and the Levi’s® brand’s association with music and ancillary purposes without further payment of any license or other fee for a period of one (1) year.
Winning Artists must not be publicly associated with or be involved directly or indirectly in the promotion of any other apparel company that has a significant offering in the denim category from the date of the announcement of the Artist winning the Levi’s® Music Prize in partnership with BIGSOUND until three (3) months after the last Levi’s® Music Prize in partnership with BIGSOUND award payment is made in accordance with the Agreement.
Acquittal – refers to the final report due for submission to QMusic on completion of the Artist’s proposed Project. Upon completion of the Project, the Artist must complete the Financial Acquittal Template and return with proof of expenses (invoices/receipts etc.)
In the event of any inconsistency between the above summary and the Agreement, the Agreement shall prevail.
Levi’s® Music Prize in partnership with BIGSOUND Rules, Terms and Conditions (“Agreement”)
You (an individual artist or band, referred to hereafter as “Artist”) and Levi Strauss Australia Pty Ltd. (“Levi’s® Australia”) and Queensland Music Network Incorporated (“QMusic”) (together the “Sponsor”) are entering into this agreement for the Levi’s® Music Prize in partnership with BIGSOUND. In order to apply to participate in for the chance to receive the Levi’s® Music Prize in partnership with BIGSOUND, the Artist must accept the terms of this Agreement, and therefore should take the time to understand them. If the Artist consists of multiple members, each member must accept these terms for the Artist to participate.
1. Eligibility.
a. Levi’s® Music Prize in partnership with BIGSOUND is open to Artists who meet the eligibility requirements below:
i. Residency – Artists must legally reside in Australia and/or New Zealand; provided, that in the case of a band with multiple Artists, no less than 2/3 of the Artists in the band are legal Australian or New Zealand residents. For example, if there are five members of a band, no fewer than four members of the band must be legal residents of Australia or New Zealand.
ii. Age – Artists below the age of 18 must obtain parental/guardian’s consent to participate.
iii. Label Permission/Acknowledgement – Artists must be able to participate in the Levi’s® Music Prize in partnership with BIGSOUND without violating any third-party rights or obligations, including without limitation the policies or procedures of any record company with which Artist has an agreement.
b. Round Specific Requirements. In additional to the requirements in 1(a) above, the following will apply:
i. Round 1: Artist must be a member of The BIGSOUND50.
ii. Round 2: Artist must be registered with and participating in the BIGSOUND 2021 as a performer.
c. An Artist (or any member) who has already won the Levi’s® Music Prize in partnership with BIGSOUND within the last three (3) years prior to the date of this Agreement will not be eligible.
d. Artists who have already won the Levi’s® Music Prize in partnership with BIGSOUND in round one in 2021 will not be eligible to participate in round two.
e. No employees or any of their immediate family members of the Sponsor, any corporate parent, subsidiary or related entity of any of the foregoing corporate entities shall be eligible to participate in Levi’s® Music Prize in partnership with BIGSOUND.
2. How to Participate.
a. Eligible Artists who are interested to participate in the Levi’s® Music Prize in partnership with BIGSOUND may opt in during their applications to participate in the BIGSOUND festival or confirm their interests to participate via email to info@qmusic.com.au by:
i. 5pm, Monday 7th June for Round 1 and
ii. 5pm, Monday 30th August for Round 2.
By expressing their interest to participate in the Levi’s® Music Prize in partnership with BIGSOUND in accordance with this section, the Artist agrees to be bound by the terms of this Agreement.
B. Any documents and materials submitted for consideration of the Levi’s® Music Prize in partnership with BIGSOUND will not be returned.
3. Winner Determination.
a. The winners of the Levi’s®Music Prize in partnership with BIGSOUND shall be determined by a judging panel consisting of music industry professionals, as determined by QMusic, whose decisions are final. No feedback will be provided to unsuccessful applicants. All determinations by the judges of the Levi’s® Music Prize in partnership with BIGSOUND winning Artists are subject to the winning Artists’ compliance with the terms of this Agreement.
b. Judging Criteria
Round 1:
i. Who impressed you from The BIGSOUND50?
ii. Who has achieved a significant amount in their career to date?
iii. Who was most active and visible in 2020 and has been since BIGSOUND 2020?
iv. Who has the most potential for growth in their career?
v. Who would benefit most from the funds in the next 12 months?
Round 2:
i. Whose live show impressed you the most at The BIGSOUND 2021?
ii. Who has achieved a significant amount in their career to date?
iii. Who was most active and visible at BIGSOUND 2021?
iv. Who has the most potential for growth in their career?
v. Who would benefit most from the funds in the next 12 months?
4. Project Proposal and Guidelines.
a. The winners from each round will be required to submit to QMusic, within four (4) weeks of being notified as winners, a proposal which shall include a project relating to the pursuance of a music career by the winning Artist, with details on the proposed use of the funds from the Award Amount (“Project Proposal”) for approval.
b. Upon approval of the Project Proposal by QMusic/BIGSOUND (“Project”), funding will be released in accordance with clause 7A (Cash Award) below.
c. Language. Project Proposal must be submitted in English.
d. Artist represents and warrants that:
i. True and accurate information. All information provided by the Artist regarding the Artist and, if applicable, its individual members is true, accurate, current, and complete, and the Artist will maintain and update the information to keep it true, accurate, current, and complete.
ii. No violation of third-party rights. Unless otherwise disclosed in the Project Proposal, the exercise by the Sponsor of any of the rights granted by the Artist under this Agreement, do not and will not infringe or violate any rights of any third party or entity, including, without limitation, patent, copyright, trademark, trade secret, defamation, privacy, publicity, misleading or deceptive conduct, misappropriation, intentional or negligent infliction of emotional distress, confidentiality, or any contractual or other rights.
iii. Full permissions. All persons, if any, who were engaged by the Artist to work on the Project Proposal and Project or who appear in the Project in any manner: (a) have given the Artist their express written consent to submit the Project for unlimited, royalty-free use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity; (b) have provided written permission to include their names, images, or pictures in or with the Project (or if a minor who is not the Artist’s child, Artist must have the permission of minor’s parent or legal guardian), and Artist may be asked to provide evidence of such permission in writing as part of the Project, in a form satisfactory to the Sponsor; (c) have no claims for payment of any kind, including, without limitation, for royalties or residuals against the Sponsor; (d) have no approval or consultation rights or any rights of participation arising out of any use, exhibition or other exploitation of the Project; and (e) have not been and are not currently under any agreement, including any union or guild agreement, that results in any ongoing obligations resulting from the use, exhibition or other exploitation of the Project.
e. Confidentiality. Submission of a Project Proposal will not be acknowledged and will not be received or held "in confidence." The act of submitting a Project Proposal does not create a confidential relationship or obligation of secrecy between Artist and the Sponsor.
5. Award.
a. Levi’s® Music Prize in partnership with BIGSOUND 2021 consists of two rounds, awarding up to three (3) Artists in each round. The winners of the Levi’s® Music Prize in partnership with BIGSOUND are required to sign and return their acceptance and release letter alongside their Project Proposal to QMusic within four (4) weeks of the date of notification on winning the Levi’s® Music Prize. If Artist fails to fulfill any of the conditions of this Agreement, Sponsor reserves the rights to disqualify the winning Artist and withdraw the Prize award in whole or in part from the Artist.
b. Levi’s® Music Prize in partnership with BIGSOUND 2021 consists of:
(1) Cash Award
i. The winning Artist will receive a cash award up to a maximum of $AU15,000 inclusive of GST (the “Award Amount”) to fund the Project.
ii. 80% of the Award Amount will be paid to the winning Artist at a time mutually agreed between Artist and the Sponsor based on the Project Proposal schedule and in advance of the Project start date, subject to the Sponsor’s approval of the Project Proposal. The remaining 20% of the Award Amount will be paid in accordance with Section 6(i) below.
(2) Non-Cash Award
The winning Artists will receive the following non-cash award per Artist (per member if Artist is a band):i. Three units of Levi’s® branded apparel and accessories at the choice of the Artist. C. Other Benefits: QMusic has arranged for the following providers to offer free of charge their support package/workshop to each of the winners (individual, or in the case of a band, each member of the band) (“Other Benefits”):i. Indigo Project Psychologists Pty Ltd: Mental health support package
ii. Bolster: Digital marketing workshop
d. The award and Other Benefits are not transferable or exchangeable. Non-Cash Award and Other Benefits are not redeemable for cash. If the Non-Cash Award and Other Benefits (or portion thereof) are unavailable, the Sponsor reserves the right to substitute it (or that portion of the award) with a comparable prize of equal or greater value (“In-Kind Benefits”).
e. No warranty is given by the Sponsor on the quality, suitability and/or fitness for purpose of the prize award and the In-Kind Benefits herein. Neither the Sponsor nor all of its affiliates, employees, officers, and agents shall be liable for any loss, damage or costs, howsoever arising, suffered as a result of taking or using any part of the award and/or In-Kind-Benefits hereunder, except for any liability which cannot be excluded by law. For the avoidance of doubt, Levi’s® Australia is not responsible for making available the Other Benefits to the winning Artists and shall not be held responsible or liable for any loss, damage or costs, however arising, suffered in connection with the Other Benefits.
f. Taxes. The Artist is solely responsible for any taxes that may be payable due to the receipt of any award and benefits from winning the Levi’s® Music Prize in partnership with BIGSOUND.
6. Winner’s Obligations.
The grant of the Levi’s® Music Prize in partnership with BIGSOUND to any winning Artist shall be conditional on the following obligations being complied with by the winning Artist:
a. Artist will supply one (1) approved song (“Approved Song”) that will be used by the Sponsor in connection with the promotion of the Levi’s® Music Prize in partnership with BIGSOUND.
b. Artists shall work with Levi’s® Australia to deliver digital/video content for the announcement and promotion of the Artist being a recipient of the Levi’s® Music Prize in partnership with BIGSOUND, which shall include:
i. a maximum of two (2) announcements per winning Artist; and
ii. a video per winning Artist 9-12 months after Artists’ Prize award to profile how the Artists used their award and what they have achieved since winning the award.
c. Artist will participate in approved promotional activities (including interviews, press and/or media days and photo shoots, together “Promotional Activity”) organised by Levi’s® Australia or QMusic representatives relating to Levi’s® Australia and/or BIGSOUND brands, subject to Artist’s availability. Reasonable travel expenses (“Expenses”) and content created by Levi’s® Australia for this purpose will be paid by Levi’s® Australia in relation to Levi’s® Music Prize in partnership with BIGSOUND Promotional Activity. The Sponsor will not pay for Expenses when the Promotional Activity is integrated into the Project Proposal, for example, filming of the tour where the Sponsor is already funding the tour through the Levi’s® Music Prize in partnership with BIGSOUND.
d. Artist will not be publicly associated with or be involved directly or indirectly in the promotion of any other apparel company that has a significant offering in the denim category from the date of the announcement of the Artist winning the Levi’s® Music Prize in partnership with BIGSOUND until three (3) months after the last Levi’s® Music Prize in partnership with BIGSOUND award payment is made.
e. Artists (and each member of a band) are required to share and credit the profile video content piece created by Levi’s® Australia and BIGSOUND across their own social media channels (ie. Facebook, Instagram, Twitter). The timing of this will be communicated by a BIGSOUND representative.
f. Artists shall wear Levi’s® products within any promotional shoots/content creation in relation to the promotion of the Levi’s® Music Prize in partnership with BIGSOUND. Further, for a period of up to three (3) months from the date of receiving the first instalment of the Award Amount, If the Artist is wearing denim product in other media or promotional opportunities, the denim products shall be Levi’s® denim products. If the Artist is wearing Levi’s® denim or products in any social media posts across their owned channels, the Artist shall tag @levis_anz in their posts. Artists shall observe all applicable rules and code of practices on social media posts, including without limitation, disclosing that their posts, where applicable, are sponsored posts. Artists may make further requests to Levi’s® Australia for additional Levi’s® gear to wear during promotional opportunities, including (but not limited to) video shoots, photoshoots and public presentations/performances to positively feature the Levi’s® brand. Levi’s® Australia shall have the sole discretion to accept or reject any requests as deemed appropriate.
g. Where relevant within media interviews/PR opportunities, the Artist is to mention the BIGSOUND and Levi’s® brand in relation to the Artist’s Projects as being made possible by the Levi’s® Music Prize in partnership with BIGSOUND.
h. Levi’s® Australia or a QMusic representative may contact the Artists or their management or equivalent representative to discuss extra promotional opportunities (paid and unpaid) as part of the “Friends of Levi's®” activation (any associated fees will be paid for by Levi® Australia). The extra promotional opportunity requests are not an obligation and can be declined by the Artists who have been approached.
i. Artist must provide an Acquittal to QMusic within four (4) weeks after the completion of the Project. Acquittal requirements are:
i. Completed Acquittal form returned to QMusic (template is provided to the Artist by QMusic)
ii. Financial budget report demonstrating that the Award Amount has been spent in accordance with the Project Proposal.
iii. Supporting valid Tax invoice for Project expenses for the remaining 20% of the Award Amount
iv. Artist will not receive the remaining Award Amount if the Acquittal form, budget report and valid tax invoice are not provided to BIGSOUND within the time frame provided in this clause.
7. Artist’s Grant of Rights.
a. The Sponsor or its agents may (i) record Artist’s voices, sounds and images (including any performances, presentations and interviews) for any activities related to the winners' participation in the Levi’s® Music Prize in partnership with BIGSOUND, BIGSOUND 2021, Promotional Activity and the Project (including any locations, concerts, recording studios and backstage locations) (collectively, the “Recordings”), (ii) use the Approved Song to create creative content in accordance with Section 6(a) above and the contents created under Section 6(b) above (collectively, the “Creatives”), and (iii) use the name, likeness, voice, biographical information and social media posts (relating to the Levi’s® Music Prize in partnership with BIGSOUND) of Artist (collectively, the “Images”). All Recordings, Creatives and Images are collectively referred to as the “Contents”). Sponsor has the sole discretion on whether to use or not use any part of the Content.
b. In return for the payment of AU$1.00 by the Sponsor, the receipt and sufficiency of which Artist acknowledges, Artist consents to the Sponsor using the Contents in connection with the Levi’s® Music Prize in partnership with BIGSOUND and the Artist winning and/or being aligned to Levi’s® Music Prize in partnership with BIGSOUND as follows:
i. Artist agrees that the Sponsor or its agents may record such Recordings by any means, including by film, digital recording, videotape, audiotape and photography.
ii. Artist irrevocably and unconditionally grants to the Sponsor any consents and waivers required by the Sponsor under the Australian Copyright Act 1968 (as amended) and any statutory re-enactment or modification and all other laws now or in the future in force in any part of the world which may be required for the exploitation of the Contents.
iii. The Recordings may be copied, distributed, communicated to the public and otherwise used by the Sponsor, its affiliates and their respective licensees to promote the Levi’s® Music Prize in partnership with BIGSOUND and the Levi’s® brand’s association with music and ancillary uses (the “Purposes”) for as long as the Sponsor continues to sponsor the Levi’s® Music Prize in partnership with BIGSOUND in any media worldwide, including:
1. on websites, digital platforms and/or social media platforms owned or controlled by the Sponsor, its affiliates or their respective licensees (including levi.com, blogs managed by the Sponsor, Facebook, Twitter, YouTube and Instagram);
2. on television or radio programming;
3. on print, in-store and out-of-home advertising and press and/or media events; and
4. on any and all other audio and/or audio-visual media whether now known or hereafter developed.
iv. Artist consents to the use of third party advertising in connection with the Contents in any media provided that Artist is not represented as personally endorsing the featured products or services.
v. Artist grants to the Sponsor the right to use and to license third parties to use the Contents or any part(s) of the Contents for the Purposes in any and all media in connection with the exploitation of the Contents.
vi. Artist assigns to the Sponsor by way of present assignment of present and future copyright and with full title guarantee any and all of Artist’s rights in the Recordings and the Creatives and all products and materials arising out of the performances recorded. The Artist agrees to sign all necessary documentation to give legal effect to this subsection.
vii. Artist acknowledges that, subject to any separate agreement between the Sponsor and Artist’s record label (if applicable), the Sponsor exclusively owns all rights (including copyright) in the Creatives and Recordings and owns all master tapes and recordings of the Recordings.
viii. Artist consents to the Sponsor doing (or omitting to do) any acts in respect of the Content which may otherwise constitute an infringement of the Artist's moral rights (as far as it is possible to do so). The Sponsor agrees not to use the Contents in any way which is derogatory to the Artist.
c. Artist acknowledges that the consideration paid to the Artist by the Sponsor pursuant to this Agreement in conjunction with the Contents includes all equitable remuneration in connection with all uses of the Contents by the Sponsor for the Purposes (including the grant of all reproduction, distribution, rental and lending rights). The Sponsor shall not be liable to Artist for any royalty or residual payments due to Artist.
d. Subject to any prior approvals agreed in writing between the Sponsor, Artist’s management (if applicable) and Artist’s record label (if applicable), the Sponsor shall be entitled to cut, edit, modify, add to, adapt, copy or alter the Recordings and Creatives in any way in its absolute discretion.
e. Nothing in this Agreement shall affect Artist’s right, or the right of any authorized publisher or co-writer, to collect public performance royalties from any applicable collection society.
f. Artist agrees to execute and deliver to the Sponsor any and all documents and do any other acts as the Sponsor may reasonably deem necessary to evidence and effectuate all or any of the rights granted to the Sponsor under this Agreement.
g. Sponsor’s use of the Artist’s recordings, music and videos and the Artist’s involvement in Levi’s® brand campaign that are unrelated to the Levi’s® Music Prize in partnership with BIGSOUND or the uses described herein shall be subject to mutual agreement between Artist and the Sponsor to be negotiated in good faith, including any compensation to be paid.
8. Privacy.
a. Levi’s® Australia’s privacy policy will apply to all information that Levi’s® Australia receives through QMusic or from Artists who apply for or participate in the Levi’s® Music Prize in partnership with BIGSOUND. QMusic’s privacy policy will apply to all information that QMusic receives from Artists who apply for or participate in the Levi’s® Music Prize in partnership with BIGSOUND. These privacy policies contain information about how to access and correct your personal information or make a complaint about a potential breach of privacy.
b. Artists may obtain a copy of the Levi’s Australia’s privacy policy by contacting customer service via telephone at 1800 625 603, email at customerservice.lsanz@levi.com or write to the Sponsor at: Level 4, 52 York Street, South Melbourne, VIC 3205, Australia.
c. Participation in the Levi’s® Music Prize in partnership with BIGSOUND implies authorization to transfer personal data to jurisdictions other than Australia and New Zealand (including potentially the United States of America) for purposes of administration of the Levi’s® Music Prize in partnership with BIGSOUND. The Sponsor collects personal information of Artists to administer the competition and personal information may be used to contact the Artists regarding the Levi’s® Music Prize in partnership with BIGSOUND. The Artists (and their individual members, as applicable) may access, withdraw, and correct their personal data sending a message to the contact details provided above.
9. Limitations and Indemnification.
a. By applying for or participating in the Levi’s® Music Prize in partnership with BIGSOUND, the Artist agrees to release, indemnify, defend and hold harmless the Sponsor, any corporate parent or subsidiary company of any of the foregoing corporate entities and their respective affiliates, directors, officers, employees, shareholders, sponsors and agents, including advertising and promotion agencies, assigns, and any other organizations related to the Levi’s® Music Prize in partnership with BIGSOUND (“Released Entities”), from any and all claims, injuries, damages, expenses, or losses to person (including bodily injury or death) or property and/or liabilities of any nature that in any way arise from applying for the Levi’s® Music Prize in partnership with BIGSOUND, participating in the Levi’s® Music Prize in partnership with BIGSOUND or related events, or acceptance or use of a Levi’s® Music Prize in partnership with BIGSOUND award, or parts thereof, including, without limitation, (i) any condition caused by events beyond the control of the Released Entities that may cause the Levi’s® Music Prize in partnership with BIGSOUND to be disrupted or corrupted; and (ii) any printing or typographical errors in any materials associated with the application. Participating Artists agree to be bound by this Agreement. NOTHING IN THIS AGREEMENT LIMITS, EXCLUDES OR MODIFIES OR PURPORTS TO LIMIT, EXCLUDE OR MODIFY ANY STATUTORY CONSUMER GUARANTEES OR ANY IMPLIED CONDITION OR WARRANTY THE EXCLUSION OF WHICH FROM THIS AGREEMENT WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THIS AGREEMENT TO BE VOID ("NON-EXCLUDABLE GUARANTEES”). SUBJECT TO ANY NON-EXCLUDABLE GUARANTEES, IN NO EVENT WILL THE SPONSOR AND/OR ANY RELEASED ENTITIES BE LIABLE TO AN ARTIST OR A WINNER, AS APPLICABLE, FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR APPLICATION FOR OR PARTICIPATION IN THE LEVI’S® MUSIC PRIZE IN PARTNERSHIP WITH BIGSOUND, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT ANY ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SUBJECT TO ANY NON-EXCLUDABLE GUARANTEES, THE SPONSOR’S AND/OR ITS AFFILIATES MAXIMUM AGGREGATE LIABILITY IN CONNECTION WITH THESE OFFICIAL RULES AND/OR THE LEVI’S® MUSIC PRIZE IN PARTNERSHIP WITH BIGSOUND WITH RESPECT TO ANY AND ALL CLAIMS FOR DAMAGES AND LIABILITIES (EXCLUDING THE AWARD AMOUNT) SHALL NOT EXCEED FOUR THOUSAND FIVE HUNDRED AUSTRALIAN DOLLARS ($AU4,500).
b. By submitting a Project Proposal, Artist: (a) represents and warrants that Artist (including severally and jointly each member of the Artist band, as applicable) (i) has read, and agrees to be bound by, the terms of this Agreement; (ii) is eligible to participate in the Levi’s® Music Prize in partnership with BIGSOUND; and (iii) has provided information as part of the application process that is accurate, does not violate any third party’s legal rights (including without limitation rights of privacy, intellectual property and publicity), and otherwise does not violate applicable law; (b) consents to the use of information contained in the application or Project Proposal, Artist’s name and/or likeness by the Sponsor for purposes of promoting the Levi’s® Music Prize in partnership with BIGSOUND and future versions of the Levi’s® Music Prize in partnership with BIGSOUND (whether online, in print or through any other media now known or hereafter developed), without additional compensation or authorization unless prohibited by law; and (c) agrees to be bound by determinations of the judges, which are final.
c. Artist agrees to take all further acts necessary to effectuate the intent of this Agreement including, without limitation, executing and delivering to the Sponsor and its agents all such agreements, contracts and any other documents to confirm compliance with the Agreement.
10. General Conditions.
a. Verification. The Sponsor has the right to verify each Artist's eligibility and compliance with this Agreement.
b. Irregularities. The Sponsor is not responsible for human error or other factors beyond its reasonable control. To the extent permitted under applicable law, the Artist agrees that the Sponsor may cancel, suspend and/or modify the Levi’s® Music Prize in partnership with BIGSOUND, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Levi’s® Music Prize in partnership with BIGSOUND. The Artist agrees that the Sponsor may void any Artist’s application and disqualify any Artist it finds to be tampering with the operation of the Levi’s® Music Prize in partnership with BIGSOUND or to be acting in violation of the Agreement or disruptive manner. Any attempt by any Artist to deliberately undermine the legitimate operation of the Levi’s® Music Prize in partnership with BIGSOUND may be a violation of the law, and the Sponsor reserves all rights to seek damages and other remedies (including attorneys’ fees) from any such Artist to the fullest extent permitted by law.
c. Discontinuation or Revocation of Award. The Artist agrees that the Sponsor may discontinue the Levi’s® Music Prize in partnership with BIGSOUND at any time in its sole and absolute discretion, provided that the Sponsor shall be required to pay the unpaid balance (if any) of the Award Amount to the Levi’s® Music Prize in partnership with BIGSOUND winning Artists in accordance with the mutually agreed payment schedule. The Sponsor shall have the right to withdraw the award and the Levi’s® Music Prize in partnership with BIGSOUND and the winning Artist agrees to return any cash award which has been paid out to the Artist upon demand if the Artist (i) changes the Project from the Project Proposal approved in a manner deemed to be material by the Sponsor in its sole and absolute discretion; (ii) postpones the Project for a period longer than 6 months from the original start date of the Project; (iii) commits any act or does anything that is or shall be an offense or involving moral turpitude, contempt, scandal, profanity or ridicule, or which insults or offends the community or any substantial organized group thereof, or which might tend to injure the success of the Sponsor or the Sponsor’s brand image, reputation, products or services; or (iv) commits any act or does anything in connection with the Project Proposal or Project that violates the intellectual property or proprietary rights of other parties. The Sponsor may suspend, postpone, discontinue or cancel the Levi’s® Music Prize in partnership with BIGSOUND at any time in its sole and absolute discretion where required by law, in order to comply with Covid-19 related restrictions or where it considers, acting reasonably, that such action is necessary for the purposes of ensuring the health and safety of participants and/or the public. In such event, the Sponsor may decide in its sole and absolute discretion whether to grant the Award or any part thereof.
d. Identity of Artist Via Email Address. Artists must register with only one email address and physical street address. In the event of a dispute as to the owner of any Project Proposal, the authorized account holder of the email address used to enter will be deemed to be the person who submitted the Project Proposal. The authorized "account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.
e. Indemnification. Artist acknowledges and agrees to indemnify, defend, and hold harmless the Sponsor and all of its affiliates, employees, officers, and agents from and against any and all losses arising from, relating to, or connected with participation in the Project Proposal, Project or any part of the Levi’s® Music Prize in partnership with BIGSOUND, or any activities incidental thereto including, without limitation: (i) any third-party claims, including, without limitation, any claims for personal bodily injury and/or personal property damage; (ii) claims based on any alleged breach of this Agreement by any person who is part of a Project Proposal, Project or a Levi’s® Music Prize in partnership with BIGSOUND; (iii) failure of an Artist to procure an effective waiver or consent; (iv) any claims that the Project Proposal, Project, Approved Song and performances by the Artists in connection with this Agreement infringes upon or violates the intellectual property rights of any third party, infringes upon or violates any person’s or entity’s right of privacy; or (v) actual or alleged agreements or arrangements with other Artists or participants. Artist acknowledges and agrees that the obligation to indemnify and hold harmless as set forth in this Section will survive the expiration, lapse, or termination of this Agreement.
f. Sponsor Intellectual Property. The Sponsor owns all rights in connection with the Levi’s® Music Prize in partnership with BIGSOUND, including without limitation, the name “Levi’s® Music Prize in partnership with BIGSOUND” and associated logos. Participants and winners of the Levi’s® Music Prize in partnership with BIGSOUND are not granted any license, whether express or implied, to use the Sponsor’s trademarks, logos or any other intellectual property of the Sponsor unless pursuant to a duly authorized and executed written agreement between the parties.
g. Band collaboration. Bands are solely responsible for their own teamwork. Neither the Sponsor nor its agents will officiate or be responsible for any disputes between or among members of any band (including disputes regarding conduct, cooperation, contributions, intellectual property ownership, or prize distribution or sharing).
h. The Sponsor may modify the terms of this Agreement from time to time at its sole discretion by providing notice.
11. Challenge is Void Where Prohibited by Law.
a. If the whole or any part of a provision of this Agreement is void, unenforceable or illegal, it is severed. The remainder of the terms of this Agreement have full force and effect and the validity or enforceability of that provision in any is not affected.
12. Governing Law and Dispute Resolution.
a. Artist agrees that any and all disputes arising from or relating to this Agreement shall be governed by and construed in accordance with the laws of Victoria, Australia. Any action, suit, or case arising out of, or in connection with, the Levi’s® Music Prize in partnership with BIGSOUND or this Agreement must be brought in either the federal or state courts located in Victoria, Australia.