TERMS & CONDITIONS

These terms and conditions govern your continued use of this website. If these terms and conditions are not accepted in full, the use of this site must be terminated immediately. We reserve the right to modify these terms and conditions at any time. All changes will be noted in these terms and conditions. By using this site after changes have been posted, you agree to accept those changes, whether or not you have reviewed them. By continuing to use this site and any of its content, you accept this agreement in full and the following terms and conditions will be binding:

1. Copyright
All information, data, trademarks, images, design work, source code and software (“the Contents”) are protected by all applicable copyright and intellectual property laws. All right, title and interest in and to the Contents are licensed to or controlled by Gallagher Convention Centre Training, South Africa and are the property of Gallagher Convention Centre. Any unauthorised use, reproduction, or alteration of any element of this site will be an infringement of these copyrights. Except as otherwise specifically indicated in a particular portion, file or document provided on this website, you may only view and print one copy of the Contents for your own personal, non-commercial use. You are not allowed to copy (whether by printing off onto paper, storing on a disk, downloading or in any other way), store (either in hardcopy or in an electronic retrieval system), transmit, transfer, perform, broadcast, publish, reproduce, create a derivative work from, display, distribute, sell, license, rent, lease or otherwise transfer any of the Contents to any third person; without the prior written permission of Gallagher Convention Centre, South Africa. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in the original Contents on the website from any material copied or printed from the website.

2. Use of links
No part of this website may be linked to using hyperlinks that bypass our homepage or be framed in another website in any way whatsoever without prior written permission from Gallagher Convention Centre. Caching of this website or any part thereof is not allowed unless all cached material is refreshed at least every 24 hours. Gallagher Convention Centre reserves the right to disable any unauthorized links or frames and disclaims any responsibility for the content available on any other site reached by links to or from this website.

3. External links
This website may contain links to other websites that have been included in this site for your interest. You are hereby notified that Gallagher Convention Centre has no control over the content found on these sites, or the maintenance thereof. Gallagher Convention Centre cannot be held responsible for any liabilities, loss, or damages that may be incurred while using any of these sites. Take note that these sites do not adhere to these terms and conditions or the privacy policy thereof. Please consult these site’s own terms and conditions with regard to their privacy policy and use of personal information. Gallagher Convention Centre shall not be responsible and disclaims all liability for any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever that may be suffered as a result of or that may be attributable, directly or indirectly, to the use of or reliance upon any information, links or service provided through this website.

4. Use of website “as is”
This website and the information, names, images, pictures, logos regarding or relating to Gallagher Convention Centre are provided “as is” without any representation or endorsement made and without warranty of any kind whether express or implied. In no event will Gallagher Convention Centre be liable for any damages including, without limitation, indirect or consequential damages, or any other damages whatsoever arising from the use or in connection with such use or loss of use of the site, whether in contract or in negligence.

5. Lawful use of website
You agree to use this website only for lawful purposes. You are not allowed to use this website in any way which is unlawful, illegal, fraudulent or harmful or which infringes on the rights of any third party to use this website.

6. Viruses, damage and availability
Gallagher Convention Centre does not warrant that the functions contained in the material on this website will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the materials. Gallagher Convention Centre cannot be held responsible for any content found in public areas of this site such as forums, user submissions, bulletin boards and chat rooms. Gallagher Convention Centre cannot screen all content that is posted to this site. We do, however, reserve the right to remove any submitted material that we feel might in some way be defamatory, abusive, indecent, unlawful or in violation of the rights of other users in any way. We may also block and/or remove any mail or upload that might contain viruses and/or malicious code/programs that could damage and/or compromise our or any other third party’s system. We also reserve the right to do so without informing you of such action or giving any reason for doing so.

7. Security
Any person that delivers or attempts to deliver any damaging code to this website or attempts to gain unauthorised access to any page on this website shall be prosecuted and civil damages shall be claimed in the event that Gallagher Convention Centre suffers any damage or loss.

8. Data protection
Personal details provided to Gallagher Convention Centre through this website will only be used in accordance with our “Privacy Policy”. By providing your personal details to us you are consenting to their use in accordance with our “Privacy Policy”

9. Privacy policy
This policy only affects websites and pages owned and operated by Gallagher Convention Centre.
a. What information is collected and how is it collected?
Every computer connected to the Internet is given a domain name and a set of numbers that serve as that computer’s Internet Protocol (IP) address. When a visitor requests a page from any website within the Gallagher Convention Centre network, our web servers automatically recognize the visitor’s domain name and IP address. The domain name and IP address reveal nothing personal about you, other than the IP address from which you have accessed our site. We use this information to examine our traffic in aggregate, but do not collect and evaluate this information for individuals. Our web servers do not record e-mail addresses of the visitors.
b. What are cookies?
From time to time, Gallagher Convention Centre may send a cookie to your computer. A cookie is a small piece of data that is sent to your browser from a web server and stored on your computer’s hard drive. A cookie can’t read data off your hard disk or read cookie files created by other sites. Cookies do not damage your system. You can choose whether or not to accept cookies by changing the settings of your browser. You can reset your browser to refuse all cookies, or allow your browser to show you when a cookie is being sent. If you choose not to accept these cookies, your experience at our site and other websites may be diminished and some features may not work as intended.
c. What other information do you request?
We may also request your e-mail address or mailing address for the purposes of conducting a survey or to provide additional services (for example, subscriptions to e-mail newsletters, announcement lists or information about seminars). Whenever we request the identity of a visitor, we will clearly indicate the purpose of the inquiry before the information is requested. We maintain a strict “No Spam” policy that means that we do not intend to sell, rent, or otherwise give your e-mail address to a third-party, without your consent. In addition, Gallagher Convention Centre will not send you e-mail that you have not agreed to receive. We may from time to time send e-mail announcing new Gallagher Convention Centre products and services.
d. Will you disclose the information you collect to outside third parties?
Gallagher Convention Centre will disclose personal information when required by law or in the good-faith belief that such action is necessary to conform to the edicts of the law or comply with a legal process served on Gallagher Convention Centre to: • Protect and defend the rights or property of Gallagher Convention Centre and its website, or visitors to the Gallagher Convention Centre website, identify persons who may be violating the law, the legal notice, or the rights of third parties • Co-operate with the investigations of purported unlawful activities. Gallagher Convention Centre uses reasonable precautions to keep the information disclosed secure and is not responsible for any breach of security or for any actions of any third parties that receive the information.

10. E-mail disclaimer
Everything in the e-mail and any attachments relating to the official business of Gallagher Convention Centre is proprietary to the company. It is confidential, legally privileged and protected by law. Gallagher Convention Centre does not own and/or endorse any other content. Views and opinions are those of the sender unless clearly stated as being that of Gallagher Convention Centre. The person addressed in the e-mail is the sole authorised recipient. Please notify the sender immediately if it has unintentionally reached you and do not read, disclose or use the content in any way. Gallagher Convention Centre cannot assure that the integrity of this communication has been maintained nor that it is free of errors, virus, interception or interference.

11. Defamation
Applicable law – This website is situated and maintained in South Africa. Therefore these terms and conditions shall be governed by and interpreted in accordance with the laws of South Africa.

  1. All entries must be received by 30 May 2024. No entries will be accepted after the deadline. Multiple entries will not increase your chances of being included to compete. All entries will be reviewed by the judges and a shortlist of 10 will be selected to perform live, in  front of the judges and an audience, on the big stage, at MusicEx on the 26th on July 2024.
  2. If you play your own music, you can enter, either as a single artist or a group of musicians of any kind, or genre.
  3. The competition is open to all ages.
  4. Only artists without any formal record deals in place will be eligible to enter.
  5. All entries must be original material; cover songs will not be considered.
  6. All entrants must be able to perform live on a stage.
  7. Entries must be submitted using the form on the website https://musicex.co.za. Complete all fields correctly. Fictitious claims will mean automatic disqualification.
  8. Material must be uploaded to YouTube. The link to the upload must be added to your online entry form. Entrants will be shared on the MusixExSouthAfrica Youtube Channel-https://www.youtube.com/channel/UCOfX4jgZsuE2RPYrWU1MKAw.
  9. Material can be recorded on any type of device; a studio is not necessary; a smartphone will be sufficient.
  10. All artists must conform to all instructions at the event given by the stage manager in terms of timing to be on stage and also to finish your performance at the time given. Power will be cut to the stage should you overrun on your allotted time.
  11. A backline and drum kit will be provided for the stage performance. By entering this competition, you agree to use this equipment to reduce set-up times between artists.
  12. Each artist’s performance should not exceed 20 minutes. This includes setup time and any necessary sound checks.
  13. Artists should aim to complete their setup and sound check within a maximum of 10 minutes. Efficient changeovers contribute to the smooth flow of the event, keeping the audience engaged and minimizing delays.
  14. Artists are encouraged to express their creativity, but any performances involving pyrotechnics, hazardous materials, or activities that may pose a safety risk require prior approval from the event organisers. Failure to seek approval may result in disqualification.
  15. Artists must provide a high-resolution promotional photo for marketing purposes if selected as part of the shortlist.
  16. Shortlisted bands may be required to participate in promotional activities for MusicEx, including but not limited to, social media promotions, interviews, and photo sessions and performances. All entrants are responsible for encouraging their own followers to attend by means of purchasing a ticket.
  17. All artists and crew must sign a release form granting permission for the event organisers to use any photographs, recordings, or footage taken during the competition for promotional purposes.
  18. In the event that a selected band is unable to perform on the designated date, the next band on the shortlist will be given the opportunity to take their place.
  19. The competition organisers reserve the right to disqualify any artist that engages in unsportsmanlike conduct, including but not limited to plagiarism, cheating, or disrespectful behaviour towards other participants, judges, or event staff.
  20. All participants are expected to adhere to a code of conduct that promotes a positive and respectful environment. Any behaviour deemed inappropriate by the organisers may result in disqualification.
  21. The competition organisers reserve the right to disqualify any artist found to be in violation of these terms and conditions or engaged in any unsportsmanlike conduct.
  22. In the event of unforeseen circumstances or force majeure, the competition organisers reserve the right to modify the schedule or cancel the event. Participants will be notified promptly in such cases.
  23. By entering this competition, you agree that you understand that your cost will not be covered and you will not be compensated for your time over and above the substantial prize that you are competing to win.
  24. The organisers cannot be held responsible for any entries that were not received.
Hints and tips as to what the judges will be looking for:Overall Presentation and Passionate Performance:
  • The judges will be evaluating your overall presentation, emphasizing the importance of performing with passion and sincerity. Sing each note with genuine emotion and commitment.
Instrumental Precision:
  • Ensure all instruments are tuned correctly and maintain accurate timing throughout the entire track. A well-coordinated and harmonious musical arrangement is essential for leaving a lasting impression.
Stage Presence and Engagement:
  • Beyond musical talent, connect with the audience by expressing your passion for the music. Create a memorable experience by engaging with the crowd, showcasing not just your musical skills but also your ability to captivate and involve listeners.
Professionalism in Interviews:
  • Practice concise and articulate communication during radio interviews. Clearly convey your band’s story, influences, and the inspiration behind your music, demonstrating a professional image offstage.
Sound Check Importance:
  • Take the sound check seriously to balance instrument levels for optimal performance. A seamless live experience relies on meticulous preparation during the sound check.
Respect Time Constraints:
  • Adhere strictly to given time limits during your performance. Punctuality is crucial, and exceeding allotted time may lead to penalties, including power cuts. Show respect for the schedule to maintain a smooth event flow.
Diversity in Setlists:
  • Showcase your band’s versatility by incorporating various musical elements into your setlist. Experiment with different genres, tempos, or moods to captivate and surprise the audience.
Feedback Acceptance:
  • Embrace constructive feedback from the judges as a tool for improvement rather than criticism. A willingness to grow and evolve based on feedback will be positively noted.
Audience Interaction:
  • Encourage audience participation during your performance. Whether through call-and-response or creating an immersive atmosphere, involving the crowd enhances your overall presentation and fosters a memorable experience.
Equipment Preparedness:
  • Familiarise yourself with the provided equipment ahead of time. This ensures a smooth transition between bands and contributes to a flawless performance.
Teamwork and Communication:
  • Effective communication with artists and event organisers is crucial. Clearly convey any special requirements or concerns to ensure a collaborative and harmonious experience for everyone involved.
Enjoy the Moment:
  • Regardless of the outcome, savour the experience. Cherish the opportunity to showcase your talent, connect with fellow musicians, and celebrate the love of music. Remember that the journey is as important as the destination.
Best of luck in the MusicEx Battle of the Best. Where Musicians battle it out.!
  • Approach the competition with a positive mindset, recognising that success is not solely defined by winning. Best of luck in creating an unforgettable musical experience and enjoying the journey on your one-year anniversary!
 The organisers cannot be held responsible for any loss or expenses incurred by entrants to the MusicEx Battle of the Best. Where Musicians battle it out.The organisers have the right to cancel the competition.

31st May 2024 is the closing date for entries.
10th July 2024 Judging of the You Tube entries 09.00 – 17.00
26th July 2024 Judging of live performances 13.30 – 19.10


To Enter
 The artist/band can enter the competition using the website form on the link HERE

The artist/band must complete the entry form and include a You Tube link to a recording of their work; this can be music and video or just music.

There is no stipulation as to the quality of the recording, in order to keep the barrier to entry as low as possible.

Entries were submitted under the acceptance of the attached terms and conditions. Appendix 1
An artist/band agrees to adhere to the terms and conditions on clicking the submit button on the website.

The judging Process

The judging panel will be made up of 5 judges, all professionals from within the music industry.

There are two stages to the judging process.

Stage 1 The judging panel will meet to review all the entries submitted online; they need to select 8 artists/bands to go through to the second stage.
Each submission will be reviewed by the panel using a set criteria and each will be allocated a score on judging sheets. The list of eight will be those with the highest scores. See appendix 2.
In the event of a tie, the judges will debate the pros and cons of the artist/band to decide which one will go through.

Stage 2 The eight artists/bands selected from stage 1 will be invited to perform on the main stage at MusicEx on the 26th of July 2024 in front of the same judging panel.
Each artist/band will have a set time to perform one song.
The performance will be judged by the judges to a set criteria and scored allocated for each.
The artist with the highest number of points will be deemed the winner. See appendix 3.
In the event of a tie, the judges will debate the pros and cons of the artist/band to decide which one will be the winner.

The judging panel will convene at Gallagher Convention Centre on Monday the 10th of June 2024 to review all entries and apply their scoring for each section of the criteria together with any comments.

The points will then be added up and used to select a shortlist of 8 artists who they believe to be worthy of going through to the next stage. In the event of a tie, the comments and views of the panel will be taken into account to agree on who should go through.

These 8 artists will be invited to perform in front of the judging panel and an audience at MusicEx on the 26th of July 2024 on the main stage.

Each artist will be allotted a time of 20 minutes, to include set-up of their gear and removal thereof and to include performance of their chosen material. This will be strictly enforced with stage power cut at the end of their allotted time.

The organisers will arrange a briefing that all participants must attend at 6pm on Thursday the 25th of July 2024

The performance time for each act will be allocated at random via a draw, and they will then be informed of the judge’s decision and their allotted performance time.

If an artist does not agree to perform on the date of the final, their invitation will be rescinded and the next artist, on the list will be invited to participate.

All artists must agree to stay at the venue for the duration of the competition and be ready to perform again should they be chosen as the winner. All artists must be present in the main auditorium, (Hall 2) for the announcement of the winner, 10 minutes before the allotted time.

All eight artists on the shortlist must agree to pay their own expenses in getting to Gallagher Convention Centre. Food and refreshment vouchers will be provided.

Appendix 1:

BATTLE OF THE BEST

TERMS AND CONDITIONS

By agreeing to these Terms and Conditions, you indicate your acceptance thereto and that these Terms and Conditions, when accepted, becomes a written and binding agreement between the parties:-

1 DEFINITIONS

1.1       “Entrant” means any person as a single artist, or a group of musicians that perform a song or item together and of any kind or genre.  

1.2       “Competition” means the Battle of the Best competition as hosted by the organizer defined as below;  

1.3       “Organizer” means Atterbel Investments (Pty) Ltd t/a Gallagher Convention Centre and / or its lawful successors. For purposes of this agreement, Atterbell Investments (Pty) Ltd t/a MusicEx;

1.4       “Selected Artist OR Artist” shall mean the shortlisted artists as selected and shortlisted by the Judge’s after having judged and sifted through the Entrants and their supporting materials.

 

2 THESE TERMS AND CONDITIONS shall be interpreted in accordance with the laws of the Republic of South Africa and shall be deemed to include all other terms and conditions or rules and regulations issued from time to time by the Organizers in relation to the Exhibition whether contained in the Organizers’ Exhibition Information Pack sales literature or otherwise.

3 ENTRIES & ENTRANCE REQUIREMENTS

3.1 Entry forms can be found at https://musicex.co.za. Entrants are required to fill out the form truthfully and comprehensively; any false information provided will lead to disqualification and disinvitation from the Competition. The Competition is open to entrants of all ages; however, minors are required to have adult supervision when filling out the entry form and an adult to accompany them at all times during the Competition. Each entry form is to be submitted with a copy of these terms and conditions and signed by the entrant by initialing each page hereof; 

3.2 Material that is submitted must be uploaded to “YouTube” and the link thereof must be submitted with your online entry form. MusicEx will link each entrant’s submitted material on the MusicEx SouthAfrica YouTube Channel at https://www.youtube.com/channel/UCOfx4jgZsuE2RPYrWU1MKAw;

3.3 All entries must be received by the Organizer by no later than 18:00 on 31 May 2024. Please note that lodging multiple entries will not increase your chances of being included to compete in the competition;  

3.4 All entries with their submitted material will be reviewed by the Judges and a shortlist of 8 (eight) entrants will be invited to perform. The entrant acknowledges that the Judges have a full and unfettered discretion in this selection, that the entrant has no guarantee or expectation of being chosen and that the Judges may utilize any criteria for making their selection based on the overall entry pool and to ensure the maximum entertainment for the Competition;  

3.5 The final event where the Competition will be held will be at the main stage of the MusicEx Event on 26 July 2024 – the selected entrants confirming that they are to be available the entire day at the venue until such time as the Competition has concluded;  

3.6 Entrants that have formal and current recording contracts are disqualified from entering this Competition.

 

4 MATERIAL & INTELLECTUAL PROPERTY OF THE ENTRANT

4.1 When recording material for uploading to the YouTube-Channel referred to above, the Entrant may use any type of recording equipment such as a mobile telephone or other device and with no studio-quality requirements – however, Entrants are advised to attempt to achieve a high quality standard so as to showcase their performance;  

4.2 Entrants may only submit original music that was originally written, composed and produced by the Entrant with no cover-songs allowed or reworked songs from other artists;

4.3 The Organizer acknowledges that the Entrants’ original work is a form of intellectual property and is copywritten in terms of the applicable laws of the Republic of South-Africa. However, the Entrant agrees that:-

4.3.1 Performances and any audio or visual material supplied to the Organizer may be utilized in promotion of the Competition and MusicEx event;

4.3.2 Agrees that photographs, excerpts and / or footage may be utilized by the Organizer in advertising campaigns but where the Organizer will not utilize any such material so as to demean or derogate the Entrant or its performance;

4.4 All Entrants, if selected, will submit a high-resolution promotional photograph and with the express permissions required in paragraphs 4.3.1 and 4.3.2 above.

5 COMPETITION CONDUCT

5.1 Selected artists are encouraged to express their creativity; however, any performances that rely on pyrotechnics, hazardous materials or activities must disclose the nature thereof to the Organizer beforehand. It is in the Organizer’s discretion to disallow any aspects of such performance in view of any health and safety requirements;

5.2 Any artist that does engage in activities or performances as mentioned above hereby indemnify the Organizer from any liability resulting in injury, paralysis, death or any other damages that may be suffered by the Artist.

5.3 Any Artist that engages in aggressive, demeaning, unlawful, racist or intoxicated behavior as and against fellow Artists, the Organizer’s employees, Judges or the public at large may summarily be requested to leave with or without having performed their set. 

5.4 In the event that a selected Artist can no longer perform or is removed in terms of the above, the next Artists that did not make the shortlist will be contacted and given such other Artist’s performance slot.

5.5 Selected Artists acknowledge that such Artist will not be compensated, paid or remunerated for any or all or part of his / her / their performance and that no costs of any nature will be recoverable from the Organizer and that the prize that is offered for the winner is the only form of remuneration, compensation or pecuniary reward that will be given.

5.6 Selected and performing Artists are given a timeframe of 20 (twenty) minutes to complete their setup, do their performance and which includes a ten (10) minute sound-and-stage check time. Artists are encouraged to keep this timeframe to a minimum to contribute to the general flow of the event and audience engagement;

5.7 Artists that exceed the 20-minute time-limit set out above will have the power cut to the stage so as to encourage compliance with the timeframes.

6 CANCELLATION AND FORCE MAJEURE

6.1 The Artists and entrants agree that, in the sole discretion of the Organizer, if a situation presents itself whereby the Competition and / or event as a whole cannot continue due to any form of force majeure or health and safety requirements or for any reason whatsoever or insofar as the schedule is modified, adapted or cancelled then any Artist or Entrant for the competition has no claims against the Organizer for any reason whatsoever;

6.2 In the circumstance of an event cancellation or modification as above, the selected Artists will be offered to perform on the amended or substituted date and, where such selected Artist cannot perform, the Judges will select further Artists from the pool of entrants to become a selected Artist.

7 SIGNATURE

7.1 Whilst a signature is not required by clicking the submit button on the website the artist confirms that they have read the terms and conditions and agree to be bound by them.

8 POPIA | PAIA | FICA  

8.1 In terms of POPIA the Artist agrees and consents that, during the execution of this agreement and during the timeframe of the negotiation and operation between the parties, the Organizer (for these purposes the “responsible party”) will and may request certain categories of personal information and the Artist consents that the collection, retention and processing of such personal information is done with the consent of the Organizer (for these purposes a “data subject”) or that same is processed for purposes of the performance of its contractual obligations as contemplated in Section 11 of POPIA;

8.2 Any personal information received by the Organiser during the timeframe of this agreement will, however, be processed, stored and de-identified in a responsible manner;

8.3 The contents of this clause and any consent thereto will be equally applicable to any Agent that acts on behalf of the Organiser which, for purposes of the POPIA-Act, will fulfil the function as an operator as defined in the Act.

 

Appendix 2: Scores from  with 1 being the lowest score and 10 the highest.

Artist Name

 

Song Structure
Was the song well put together to suit its genre, such as Verse, Chorus, Middle 8?

 

Does it stand out as particularly original or innovative?

 

After hearing the track, does it leave you with a desire to hear more of the artist’s work?

 

Vocal delivery
Was the recording in time, in tune, with some creative flair?

 

Accompanying music or band
Does the artist/band play well together, in time, in tune, with attitude? Or, is the backing track well produced, clear and put together with some artistic flair?

 

Attitude
Does it sound like the performers believe in the song?

 

Did they sound as if they meant every word?

 

Did you like what you were hearing?

 

Comments

 

 

Appendix 3:

Live performance judging criteria Scores from  with 1 being the lowest score and 10 the highest.

Artist Name

 

Originality

 

How unique did the songs sound?

 

Did the artist/band have an original look? Did the band stand out?

 

Would you want to see them perform more?

 

Interaction with audience

 

Did the artist/band introduce themselves?

 

Did the band talk to or with the audience?

 

How well did the artist/band physically participate with the audience e.g. Eye contact, acknowledgments, waving, gesturing, dancing with the audience?

 

Was the artist/band confident in their interaction with the audience?

 

Quality of performance

 

Confidence/Competence. Did the artist/band look at ease whilst playing? Did the artist/band appear to be able to do what they wanted to do?

 

Stage Presence

 

Did the artist/band use the stage effectively?

 

Did the band appear positive about their performance?

 

Presentation

 

Did the artist/band’s on-stage attitude appear suitable to their genre?

 

Did the artist/band show personality on stage?

 

Did they appear to enjoy what they were doing?

 

Was there passion in their performance?

 

Did the artist/band entertain and display showmanship towards the crowd?

 

Professionalism

 

Did the band follow the rules stated in the contest?

 

Were they ready to set up on stage as soon as the previous act had finished?

 

Did they finish on time and cooperate with stage management to be off the stage timeously?

 

Were they professional in their attitude? (Includes feedback from stage crew)

 

Comments

 

 

DEVELOPMENT RECORDING AGREEMENT

This Agreement is made and entered into on this _______ of _____________, 2024, by and between The David Gresham Record Company (Pty) Ltd, a company incorporated under the laws of South Africa, with its principal place of business at 21 Polo Crescent, Woodmead Office Park, Van Reenens Avenue, Woodmead, 2191 (“Company”) and [Artist’s Full Name or Band Name], the winner of the “MusicEx Battle of the Bands” (“Artist”).

WHEREAS, the Company desires to record, promote, and distribute certain performances of the Artist, and the Artist desires to perform, record, and have their performances promoted and distributed by the Company under the terms and conditions set forth herein.

DEFINITIONS:

“Term”: The one-year duration of this agreement.

“Territory”: The worldwide scope of this agreement.

“Master Recordings”: The original recordings created by the Artist under this Agreement.

“Royalties”: Compensation paid to the Artist based on a percentage of sales or usage of their recordings.

“Synchronization Rights”: The right to use the music in synchronization with visual media and any other productions including but not limited to commercials, tv, radio, film and online usages.

“Net Receipts”: The actual revenue received by the Company after deducting expenses related to the production and distribution of the recordings.

  1. Term and Territory: The term of this agreement shall be one (1) year (“Term”), and the Territory shall be The World (“Territory”).
  2. Recording Commitment: The Artist shall record three (3) songs at the Company studios in Woodmead. This includes studio time, production, mixing, and mastering.
  3. Promotion, Distribution and Budget: The Company shall provide radio promotion for up to three (3) songs and distribution on Digital Service Providers. The total value of the agreement is up to and limited to one hundred and fifty thousand Rand (R150 000), depending on the amount of studio time and the cost of promotion used.
  4. Exclusive Option: The Company has the exclusive first option to enter negotiations with the Artist for a full “Exclusive Artist Recording Agreement” within 90 days following the Term. The Artist shall have 90 days to accept or decline any offer made.
  5. Ownership: The master recordings shall remain the exclusive property of the Company.
  6. Artist Obligations: The Artist is required to attend promotional-related activities and recording sessions at the Company’s studio in Woodmead at their own expense.
  7. Royalties:

          7.1.         Physical Products: 14% royalty rate.

          7.2          Streaming and Downloads: 20% royalty rate.

          7.3          Synchronization Rights: 50% royalty split and or fee.

          7.4          The Artist shall register the recordings with the local Neighboring Rights Association and collect its respective performers’ royalties directly from the association.

  1. Exclusivity: The Artist may not make records for any other company or engage in any side artist recordings during the Term.
  2. Rights: The Artist grants the Company exclusive rights to use the Artist’s name, logos, likeness, and pictures during the Term.
  3. Re-Recording Restriction: The Artist may not re-record the songs made at or by the Company for 7 years after their release by the Company.
  4. Income Split: Any and other income derived from the recordings will be split 50/50 based on net receipts received by the Company.
  5. Accounting: The Company shall provide the Artist with royalty statements bi-annually, 31st December and 30th June, within 90 days.
  6. Copyright Assignment: The Artist shall assign the copyrights in the musical works from the recordings made by the Company to the Company’s music publishing division via deeds of assignment.
  7. Breach and Remedy: In the event of a breach of this Agreement by either party, the non-breaching party shall provide written notice to the breaching party, allowing a 30-day period to cure the breach. Failure to cure the breach within this period shall result in appropriate legal action.
  8. Arbitration: Any disputes arising under this Agreement shall be resolved through arbitration in accordance with the laws of South Africa.
  9. Commercial Release Decision: The Company reserves the right to make the final decision on the commercial release of the recordings. If deemed not suitable for release, the Artist may purchase the recordings at a cost of recording at nine hundred and fifty Rand (R950) per hour.
  10. Indemnification: The Artist indemnifies the Company from any claims regarding the commercial success of the recordings.

 

The cash prize will be paid 48 hours after receiving all required documentation.

These Terms and Conditions (referred to as “T&Cs”) outline the rules and regulations governing your participation in the MusicEx social media competition. By entering this competition and/or accepting any prize, you agree to comply with these terms. Please read them carefully.

Organiser:

The competition is organized by MusicEx.

Competition Platforms:

The competition will run on the MusicEx social media pages:


Eligibility:

The competition is open to participants aged 18 and above.

Employees and associates of MusicEx and Gallagher Convention Centre are excluded from participation.

Entry Requirements:

  • To qualify, participants must accurately name five performing artists scheduled for MusicEx. Participants are required to submit their guesses by commenting with the complete stage names of the artists.
  • Multiple entries are allowed per participant.

Duration:

The competition will run from Wednesday 15 May 2024 to Thursday 30 May. Entries received before or after this period will not be eligible.

Winner Selection:

  • Winners will be selected by MusicEx through a random draw process.
  • Winners will be contacted via social media messenger, as provided during the entry process.
  • The announcement of winners will occur after successful contact has been established.

Prizes:

  • Prizes are non-refundable for cash, and no exchanges will be permitted.
  • Prize details:
  • Double tickets for one selected day of MusicEx, with the option to choose between Friday, July 26, 2024, Saturday, July 27, 2024, or Sunday, July 28, 2024.
  • One night’s stay with breakfast for two individuals sharing a room at any Mercure Hotels location in South Africa (Bedfordview, Midrand, Randburg or Nelspruit). Standard hotel policies and regulations will be enforced. Regular terms and conditions for booking will also apply.
  • Gautrain Swift Card Pre-Loaded with R500.
  • Prizes will be registered in the winner’s name and may not be resold.

Publicity and Use of Likeness:

By entering the competition, participants consent to MusicEx using their names, images, and/or videos for promotional purposes.

Winners may be required to participate in post-competition publicity or promotional activities.

Competition Changes:

MusicEx reserves the right to cancel or amend the competition dates or terms without notice.

MusicEx reserves the right to change the prize at any time, offering an alternative prize of equal or greater value.

Database Entry:

By entering the competition, participants will be automatically added to the official MusicEx database.

For more information on how participant data is used, please refer to our Privacy Policy https://musicex.co.za/wp-content/uploads/2023/11/gcc-paia-v2.pdf

Disqualification:

Participants will be disqualified for:

  • Fraudulent activity
  • Inappropriate behavior
  • Failure to comply with the T&Cs

Intellectual Property:

Participants retain ownership of any intellectual property rights related to their competition entries.

However, by entering, participants grant MusicEx a non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display the entry for promotional purposes.

Privacy Policy:

For information on how participant data is collected, used, stored, and shared, please refer to our Privacy Policy https://musicex.co.za/wp-content/uploads/2023/11/gcc-paia-v2.pdf

Termination of Participation:

MusicEx reserves the right to disqualify participants who do not adhere to the competition rules or who breach the T&Cs.

Notification of Changes:

Any changes to these T&Cs will be communicated through the official MusicEx social media channels or website.

Accessibility:

Participants with disabilities requiring accommodations should contact MusicEx at 011 266 300 or leniese@gallagher.co.z to discuss their needs.

Verification of Winners:

Winners may need to provide proof of identity and age before receiving the prize.

Exclusion of Liability:

MusicEx, its affiliates, and sponsors are not liable or responsible for any losses, rights, claims, and actions resulting from participation in the competition or acceptance of prizes.

This includes but is not limited to:

  • Technical failures (website crashes, social media platform issues, network failures)
  • Injuries or damages related to participation in the competition.
  • Loss or damage to prizes during shipping or delivery

Severability:

If any part of these T&Cs is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.

Consent to Terms:

Participants explicitly acknowledge and agree to these T&Cs before entering the competition.

Social Media Platform Rules:

Participants must comply with the terms and conditions of the social media platforms where the competition is hosted (Facebook, Instagram, Twitter, TikTok).

By entering the MusicEx competition, you agree to abide by these Terms and Conditions. MusicEx reserves the right to disqualify any participant who breaches these terms. For any questions or clarifications regarding these T&Cs, please contact us at The Social Media Company | amanda@socialmediacompany.co.za

 

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