Legal

 

Terms and Conditions

1.    The winner of the Resonate Music Award will be entitled to INR50,000 – the use of which shall be determined by the judges based on the information provided in the artist’s application. The winner will not be given any cash directly as this is not a cash award.

2.    Acceptance of the award implies that the winner agrees to release or publish their professionally recorded music no later than the 2011 Resonate Award launch (expected to be in the second half of 2011) or such later date as maybe determined by the organizers. Any violation of the terms will result in the artist having to return any disbursements that have been made.

3.    In the event that the cash is used towards studio time, upon recording, the winner will be given a master disc containing the winner’s music. The promotion and marketing of this music shall be the sole responsibility of the winner and we expect the winner to honor their promise to promote the album to the best of their ability. At no time shall the organizers be responsible for further production costs or promotional costs. Any further assistance shall be at the sole option and discretion of the organizers of The Resonate Music Award.

4.     The Resonate Music Award will disburse all cash claims directly to the vendor and not to the artist.

5.    A decision will be made on the overall material submitted by the participants. For the avoidance of doubt, this shall include the written component as well as the musical works submitted.

6.    The entry shall be deemed complete on the receipt of the online form and the email containing the musical works.

7.    We reserve the right the reject any entries for any reason whatsoever. Any decision with regards to eligibility of entries by the organizers of The Resonate Music Award shall be final and binding.

8.    Any additional charges that the winner might occur, which fall outside the scope of the awarded studio recording time shall be the sole responsibility of the winner. At no time shall the organizers be responsible for the payment of such charges. For example travel costs to Bangalore (if the winner does not reside locally) shall be the responsibility of the winner.

9.    Submitted material shall not be returned.

10.    We reserve the right to use the submitted material for publicity of The Resonate Music Award on our website or any produced material in relation to The Resonate Music Award. Any decisions in this regard shall be taken with the best interest of the participants. Submitted materials will not be used for anything else without the participant’s prior consent.

11.    The Participants jointly and severally represent and warrant that:

11.1.    They own all right, title and interest in the musical works submitted to us in accordance with the terms and conditions of The Resonate Music Award (the “Musical Works”);

11.2.    The Musical Works do not infringe upon the rights of any third party and the Musical Works are free and clear of any encumbrance by whatever name. There are no facts or circumstances that would render the Musical Works invalid.

12.    We shall not, at any time, be liable for any losses suffered or incurred, whether directly or indirectly, for infringement of the intellectual property rights of any third party over the Musical Works.

13.    Each of the Participants agree to jointly and severally indemnify, defend and hold harmless the organizers of The Resonate Music Award, their representatives, affiliates, agents and nominees (collectively, the “Indemnified Persons”), from and against any and all losses, whether suffered or incurred by any of the Indemnified Persons, whether directly or indirectly, to which any of the Indemnified Persons may otherwise become subject (regardless of whether or not such losses relate to any third party claim) and which arise out of, or result from or are connected with:

13.1.    Any misrepresentation in, inaccuracy in or breach by the Participants any representation, warranty or undertaking of the Participant contained herein; or

13.2.    Any breach of the terms and conditions of The Resonate Music Award.

14.    Any disputes or differences arising in relation to The Resonate Music Award shall be submitted to final and binding arbitration at the request of any of the disputing parties upon written notice to that effect to the other parties. In the event of such arbitration:

14.1.    The arbitration shall be in accordance with the rules of the London Council of International Arbitration, in force at the relevant time;

14.2.    All proceedings of such arbitration shall be in the English language. The venue of the arbitration shall be London, Great Britain; and

14.3     Part I of the Indian Arbitration and Conciliation Act, 1996 shall be specifically and expressedly excluded from such arbitration.

15.    The decision of the judges shall be binding and final upon the Participants.