Recruitment of Original Cantonese Songs for Alan Tam’s 2018 Cantonese Album (“the Activity”)
Guidelines for participation:
1. Upload the participating work (which can be melody or lyrics only, or a work with melody and lyrics together, of whatever duration, and written by one or more persons) to Google Drive, Dropbox or any other cloud server.
2. Format: melody must be submitted in mp3 or wav format; lyrics must be written for Cantonese rendition and submitted in pdf format.
3. Anyone who participates in the Activity (“Participant”) warrants and represents that (a) the piece of work submitted and uploaded for the Activity (“the Work”) must be an original unreleased work (“release” includes but not limit to online release on website(s)); and (b) the Participant must be the sole copyright owner of the Work (provided that a Participant who is a member of Composers and Authors Society of Hong Kong or Macau Association of Composers, Authors and Publishers prior to participating in or at any time during the Activity shall not be considered in breach of this warranty and representation).
4. To complete the procedures for joining the Activity, a Participant shall after uploading the Work (as per Paragraph 1 above) fill out the participation form at http://bit.ly/alantamcantopop2018
(“the Form”), specify the download link of the Work therein, read the Terms and Conditions (http://bit.ly/alantamcantopop2018tnc
) and submit the completed Form. A Participant warrants and represents that he/she has read and agreed to such Terms and Conditions for the Activity by submitting the Form.
5. After receiving the completed Forms and successfully downloading the Works, MOOV (Hong Kong) Limited (“MOOV”) will pass them to the panel of adjudicators (“the Panel”) put together by Universal Music Limited (“the Organizer”) for selecting the 30 Works for next round’s selection (“the Round 2 Works”).
6. Each Participant can only submit ONE Work. Subject to the discretion and final decision of the Organizer, if a Work selected by the Panel as final is:
a. a melody work, the Organizer will arrange experienced lyricist to set lyrics for it;
b. a lyric work, the Organizer will arrange experienced producer to set a melody and musical arrangement for it;
c. a work of melody and lyrics, the Organizer will arrange experienced producer to prepare for production work for it.
7. The list of Round 2 Works will be announced on 6 April 2018. The Organizer will notify the writers of the Round 2 Works (“Round 2 Participants”) by phone and/or email as soon as practicable after such announcement. The Round 2 Participants may be invited to participate in the production of Alan Tam’s 2018 Cantonese album.
8. The Panel consists of Mr. Alan Tam, Mr. Jolland Chan, Mr. Andrew Lam Man Chung, Mr. Johnny Yim, Mr. Kavin Tsang and Ms. Kan Ka Ming.
9. Deadline for submitting the Works: 11:59pm HKT of 11 March 2018.
10. The Activity is governed by and subject to the Terms and Conditions set out in http://bit.ly/alantamcantopop2018tnc
Terms and Conditions
1. Recruitment of compositions for the activity “Recruitment of Original Cantonese Songs for Alan Tam’s 2018 Cantonese Album” (“the Activity”) commences on 18 January 2018 and closes at 11:59pm HKT of 11 March 2018 (“the Deadline”). Anyone who participates in the Activity (“Participant”) shall refer to the guidelines for participation (http://bit.ly/alantamcantopop2018
) (“the Guidelines”), fill out the participation form (http://bit.ly/alantamcantopop2018
) (“the Form”), complete the procedures set forth in the Form and submit the Form before the Deadline.
2. The Activity is open to any natural person who resides in the Hong Kong Special Administrative Region of the People’s Republic of China (“HKSAR”) or the Macau Special Administrative Region of the People’s Republic of China (Macau SAR”) only. Participants may be requested by Universal Music Limited (“the Organizer”) and/or MOOV (HK) Limited (“MOOV”) to produce copy of HKSAR or Macau SAR identification documents (whichever applicable) for verification purpose. A Participant under the age of 18 shall be able to present on request a written consent signed by his/her legal guardian, failing which results in such Participant not being considered a successful Participant for the Activity. For the sake of fairness, employees of the Organizer or MOOV and their immediate family members are prohibited from participating in the Activity.
3. A piece of work submitted and uploaded for the Activity (“the Work”) can be a work of melody or lyrics only, or one with melody and lyrics together, of whatever duration, and written by one or more persons (for the purpose of these Terms and Conditions, the co-writing persons of such a Work shall be considered one Participant). A melodic Work must be submitted in mp3 or wav format, and lyrics must be written for Cantonese rendition and submitted in pdf format. A Participant must upload the Work to Google Drive, Dropbox or any other cloud server and specify its download link in the Form (http://bit.ly/alantamcantopop2018
). For the avoidance of doubt, a lyric Work written in adaptation of any released songs shall not qualify for the Activity.
4. MOOV will verify if a Participant is a successful Participant in accordance with these Terms and Conditions. Afterwards MOOV will pass the Works of those successful Participants to the Organizer for selection by a panel of adjudicators (“the Panel”). The Panel will choose 30 Works which attain professional standard for potential commercial release and impress the Panel most for next round’s selection (“Round 2 Works”). The list of Round 2 Works will be announced on 6 April 2018 on http://www.umwebzine.com/
(“the Websites”). Writers of the Round 2 Works (“Round 2 Participants”) will be invited to an activity hosted by the Panel for exchanging production ideas (“the Exchange”). The Round 2 Participants shall participate in the Exchange in person and may then be asked to produce identification documents for verification purpose.
5. After the Exchange the Panel shall select by applying its members’ professional judgments 10 Works from the Round 2 Works for inclusion in Mr. Alan Tam’s 2018 Cantonese album (“the Selected Works” and “the Album”). Writers of the Selected Works shall discuss and agree with the Organizer on such matters as their degree and manner of participation in the Album’s production, remuneration and copyright arrangement for the Selected Works, subject always to the Organizer’s final decision.
6. Participant warrants and represents that:
a. the Work must be an original unreleased work and it has not been pitched, held, or confirmed for release by any party prior to the commencement of or at any time during the Activity (“release” includes but not limit to online release on website(s));
b. the Participant is the sole author and creator of the Work, or the sole and exclusive proprietor, throughout the universe, of the Work (provided that a Participant who is a member of Composers and Authors Society of Hong Kong or Macau Association of Composers, Authors and Publishers prior to participating in or at any time during the Activity and who has or will assign the public performance rights of the Work to such societies shall not be considered in breach of this warranty and representation);
c. the Participant has all requisite rights, power and authority to participate in and perform its obligations under the Activity;
d. the Participant’s participation in and performance of the obligations under the Activity does not and will not conflict with, cause a breach of, violate, or constitute a default under any order, decree, judgment, agreement, arrangement, understanding or instrument to which he/she is, or will be, a party or is otherwise bound or is otherwise applicable to it;
e. The Work does not violate or infringe upon any common law or statutory rights of any other third parties, including without limitations, contractual rights, copyrights or rights of privacy;
f. The Work does not include any third party contents;
g. The Participant has not adapted the Work from any other literary, musical, dramatic or other material of any kind, nature or description, nor has the Participant copied or used in the Work in any title, musical property or arrangements or other material; and
h. MOOV and/or its affiliate and/or the Organizer’s exploitation of the Works in accordance with these Terms and Conditions does not and will not infringe upon any intellectual property rights or other rights of any person,
the Participants agrees to indemnify and to keep MOOV and/or its affiliate and/or the Organizer fully and effectively indemnified against any action, liability, cost, claim, loss, damage, proceeding, expense (including reasonable legal expenses) suffered or incurred by MOOV and/or its affiliate and/or the Organizer arising from Participants’ breach of any representations and warranties stated under these Terms and Conditions, and from receiving, saving, releasing, forwarding or using in any other ways the Works.
7. The Form is in the format of Google Form. A Participant by submitting the Form shall have agreed to these Terms and Conditions (including the statement of personal data collection included herein), any other service terms issued by MOOV, and other terms and conditions set out by Google Drive (http://bit.ly/1EFa09D
). Participant hereby authorizes MOOV and/or its affiliate to use Google Drive to facilitate the proceedings of the Activity in whatever ways MOOV and/or its affiliate thinks fit.
8. A Participant who:
a. submits the Form more than once;
b. submits more than ONE Work (whether the Work is written solely by such Participant or not);
c. provides in the Form such untrue, inaccurate, incomplete or outdated information that the Participant is rendered uncontactable by MOOV and/or its affiliate through reasonable means of communication; or
d. has any registration, data input and/or uploading in connection with the Activity’s participation considered overdue, lost, incomplete and/or invalid by any technical mechanism governing the operation of the Activity’s participation (“Mechanism”),
will not be considered a successful Participant. An unsuccessful Participant’s Work will be omitted from Round 2 Works’ selection and MOOV and/or its affiliate and/or the Organizer owes no duty to explain to such Participant the reason(s) for such omission. MOOV and/or its affiliate and/or the Organizer takes no responsibility and shall not be liable for any cost, claim, loss, damage, proceeding, expense suffered or incurred by the Participant arising from any such unsuccessful participation. Without limiting the generality of the foregoing, MOOV and/or its affiliate and/or the Organizer takes no responsibility and shall not be liable for any cost, claim, loss, damage, proceeding, expense suffered or incurred by the Participant arising from any malfunction, delay, systematic or technical problem and/or any other problem in association with the Mechanism which renders the Participant unable to submit the Form or upload the Work before the Deadline.
9. Personal Data Collection Statement: Participants whose personal data are collected and retained by MOOV through Google Drive Service agree to be bound by the terms and conditions of such service (located at http://bit.ly/1EFa09D
). Name of the Round 2 Works and Round 2 Participants will be published at the Websites for the purpose of promotion, market survey and all other purposes directly in connection with the Activity. Any request for access to and correction of such personal data should be made in writing to the Data Protection Officer of PCCW Limited at GPO Box 9872 or via email to firstname.lastname@example.org and email@example.com.
11. Participants may decide whether or not to disclose any personal data to MOOV. MOOV shall have the right to decline a Participant from participating in the Activity or consider the Participant an unsuccessful Participant if such Participant elects not to disclose any personal data to MOOV.
12. Participants acknowledge and agree that whether or not:
a. a Work will be selected by the Panel;
b. writers of Round 2 Works will be invited to the Exchange; and
c. writers of Selected Works will be invited to take part in the production of the Album,
are entirely matters of professional judgment, discretion and final decision of the Organizer and MOOV makes no warranty and representation in relation thereto and shall not be liable for any cost, claim, loss, damage, proceeding, expense suffered or incurred by the Participants arising from the Organizer’s discretion and final decision, whatever they may be.
13. In no event shall MOOV and/or its affiliate be liable to the Participants for any incidental, indirect or consequential loss or damage, damage for loss of use, data, profits or business opportunities or failure to achieve cost savings, in contract, tort or otherwise, arising out of or in connection with the Activity and/or these Terms and Conditions, even if MOOV and/or its affiliate has been advised in advance of the possibility of such losses, costs or damages. Notwithstanding any provision in these Terms and Conditions to the contrary, the total liability of MOOV and/or its affiliate under the Activity and/or these Terms and Conditions, whether in contract, tort (including for negligence) or otherwise, shall be limited to Hong Kong Dollars One Hundred (HK$100) only.
14. The Organizer and/or MOOV and/or its affiliate shall have the right to amend these Terms and Conditions at any time or cancel the Activity without further notice.
15. The decisions of the Organizer and/or MOOV and/or its affiliate over any conflict that may arise in relation to the Activity and these Terms and Conditions shall be absolute, binding and final.
16. For the avoidance of doubt, Universal Music Limited is the organizer of the Activity. MOOV assists the Organizer in promoting the Activity.
17. These Terms and Conditions are written in English and Chinese. Should conflict in interpretation arise between the English and the Chinese version, the English version shall prevail.