TERMS AND CONDITIONS
1. The Program
1.1. Information on how to apply for the Sounds Australia Export Stimulus Program (Program), any forms, the Grant and rules for receiving the Grant form part of these terms and conditions. By submitting an application for the Program, that person agrees to be bound by these terms and conditions (Program Terms and Conditions).
1.2. Unless specified otherwise, references to clauses are to clauses in the Program Terms and Conditions.
2.1. The Organiser of the Program is Australasian Performing Right Association Limited trading as Sounds Australia (ABN 42 000 016 099) of 16 Mountain Street, Ultimo, New South Wales, 2007, Australia (Organiser).
3. Applicant Eligibility
3.1. Applications are open to any person that is an Australian citizen or Australian permanent resident that is:
a) a practicing music professional; and
b) applying exclusively with respect to confirmed international activity that has not yet occurred, and which relates to their practice as a music professional (Export Activity); and
3.2. Applicant means any person, meeting the eligibility criteria at clause 3.1, that lodges an application in accordance with clause 4.
3.3. Applications must be in the name of a person or group. Musical acts composed of multiple members will be assessed and, where successful, offered a Grant as a single entity.
3.4. Applicants who are under the age of 18 years old on the date of entry (Minor Applicant) must have parent or guardian approval to apply for the Program and the parent or guardian of the Minor Applicant must read and consent to the Program Terms and Conditions. The parent or guardian of a Minor Applicant may be required by the Organiser to enter into a further agreement as evidence of consent to that minor applying for the Program, or sign further documentation in the event that the Minor Applicant is awarded a Grant.
3.5. Employees of the Organiser (and their immediate families) are ineligible to apply.
4.2. The Organiser may verify the validity of applications and may disqualify any Applicant for any reason at the Organiser’s sole discretion. An application which does not comply with the Program Terms and Conditions is invalid. Incomplete, indecipherable or illegible applications will be deemed invalid.
4.3. It is the Applicant’s responsibility to ensure that his, her or their application submitted is complete. The Organiser is not responsible for late, lost, damaged, misdirected, postage due, stolen, or misappropriated applications.
4.4. Provision by an Applicant of false information in the course of participating in the Program may result in that Applicant’s disqualification, revocation of any Grant awarded, and a substitute receiver of that Grant being determined in lieu of that Applicant.
4.5. The application and all materials submitted with an application become the property of the Organiser on receipt and will not be returned to the Applicant. Application materials may be destroyed by the Organiser upon the conclusion of the Program.
4.6. Applying does not guarantee that an Applicant will be awarded a Grant or derive any other benefit. The Organiser is not responsible in any way for the decisions, actions or conduct of the Judging Panel.
4.7. An Applicant can apply in each of the three rounds of the Program but no more than once per round.
4.8. The Applicant, herein, grants the Organiser all rights necessary for the Organiser to use his, her or their application for the purposes of the Program.
4.9. Applications are final once received by the Organiser and cannot be amended once submitted. In the event that an Applicant secures additional Export Activities after submitting an application, that Applicant may notify the Organiser via email to [email protected], and the Organiser may make the Judging Panel aware of those circumstances.
4.10. Valid applications will be individually judged in accordance with clause 8.
5. Program Periods
5.1. The Program will take place across three rounds, subject to clause 13.1:
a) Round 1:
(i) Round 1 means the first round of the Program.
(ii) Round 1 commences on 9 August 2021 at 9am AEST and closes on 3 September 2021 at 11:59pm AEST (Round 1 Period).
(iii) All applications in respect of Round 1 must be received by the Organiser prior to the end of the Round 1 Period.
(iv) Any application in respect of Round 1 received after the Round 1 period will be deemed invalid.
(b) Round 2:
(i) Round 2 means the second round of the Program.
(ii) Round 2 commences on 10 January 2022 at 9am AEDT and closes on 4 February 2022 at 11:59pm AEST (Round 2 Period).
(iii) All applications in respect of Round 2 must be received by the Organiser prior to the end of the Round 2 Period.
(iv) Any application in respect of Round 2 received after the Round 2 period will be deemed invalid.
(c) Round 3:
(i) Round 3 means the third round of the Program.
(ii) Round 3 commences on 13 June 2022 at 9am AEDT and closes on 8 July 2022 at 11:59pm AEST (Round 3 Period).
(iii) All applications in respect of Round 3 must be received by the Organiser prior to the end of the Round 3 Period.
(iv) Any application in respect of Round 3 received after the Round 3 period will be deemed invalid.
5.2. The Organiser will not be liable for any changes to the Round 1 Period, Round 2 Period or Round 3 Period.
5.3. Applications are deemed to be received at the time of receipt by the Organiser not the time of submission by the Applicant. The Organiser is not responsible for failure to receive any application, whether for any cause beyond its control or otherwise.
7. Licenses, Warranties and Indemnities
7.1. By making an application under the Program, the Applicant warrants to the Organiser in respect of the application submitted in this Program that:
(a) He, she, or they are entitled to submit the application as a part of and for the purposes of the Program.
(b) The application and any materials comprising the application are accurate and truthful.
(c) The application does not infringe the rights of any third party, including copyright, and all efforts have been taken to avoid any such infringement.
(d) He, she or they have obtained written permission from any party controlling any rights in materials comprised in the application.
(e) The material comprising the application are not offensive, inappropriate, defamatory, or is otherwise not against the law.
7.2. By making an application under the Program, the Applicant shall indemnify and hold the Organiser harmless from and against any claims inconsistent with the foregoing.
7.3. By making an application under the Program, the Applicant agrees:
(a) That materials comprising their application may be distributed to the Organiser and Judging Panel who will be determining the Grant Offerees.
(b) That the Organiser may, in its sole discretion, take down any application from any platform, or disqualify an Applicant for an application that the Organiser deems to be offensive, inappropriate, defamatory, infringes the rights of any third party including copyright or is otherwise against the law.
7.4. The Organiser (and any party associated with the Program) will not be liable for:
(a) Any loss, damage, payment or expense of any kind (including but not limited to indirect or consequential loss or damage caused by the Organiser’s or other party’s negligence), or personal injury or other damage suffered or sustained as a result of entering, judging, running, cancellation or acceptance, enjoyment or use of the Program or a Grant (or part thereof), except for any liability that cannot be excluded by law. The Applicant indemnifies the Organiser against all liabilities, losses, damages, costs and expenses (including all legal costs, whether incurred or awarded) suffered or incurred by the Organiser in relation to any breach by the Applicant of its obligations under these terms and conditions.
(b) The loss or destruction of any materials comprised in the application. Applicants should retain a copy of all materials submitted.
(c) Any loss or damage of any kind (including but not limited to indirect or consequential loss or loss or damage caused by the Organiser’s or other party’s negligence) arising out of, or in connection with, the postponement or variation of the Program or the Grant (or part thereof).
7.5. Applicants agree to release, indemnify, and hold the Organiser and Judging Panel harmless for any liability, damages, or claims for injury or loss to any person or property relating to, in whole or in part, directly or indirectly, participation in the Program.
8.1. The Organiser will appoint an external judging panel comprised of a diverse selection of long-standing music industry professionals (Judging Panel).
8.2. Each application will initially be reviewed by the Organiser and judged on its merits to determine the applications to be considered by the Judging Panel (Progressed Application).
8.3. Each Progressed Application will be assessed by each member of the Judging Panel and judged on its merits to determine the Grant Offerees and corresponding values of Grants to be offered.
8.4. For the purposes of clauses 8.2 and 8.3, applications will be judged against each of the following criteria (Assessment Criteria):
(a) The judges view of the relative strength of the Applicant’s existing international profile.
(b) The judges view as to the significance of the artistic and commercial impact of the Export Activity.
(c) The importance in the global trajectory of the Applicant to be physically in the market to undertake the Export Activity.
(d) The judges view as to the effectiveness of the Applicant’s online presence and engagement.
(e) The demonstration of a realistic and achievable planning and export strategy, including a complete budget that exhibits sound financial management, accurately outlining expected revenue and expenses associated with the Export Activity.
(f) The confirmed involvement of existing, reputable international partners in the Export Activity.
8.5. Judgement of applications is at the absolute discretion of the Organiser and Judging Panel. The decisions of the Organiser and Judging Panel are final.
8.6. The Organiser will use its best endeavours to notify unsuccessful Applicants within the following timelines, but will not be held liable for any delays:
(a) For Round 1, no later than 27 September 2021.
(b) For Round 2, no later than 28 February 2022.
(c) For Round 3, no later than 1 August 2022.
8.7. Unsuccessful Applicants can request feedback by emailing Esti Zilber at [email protected] no later than 30 days after being notified of an unsuccessful application. The Organiser will not respond to requests for feedback it receives after that timeframe.
9. Grant Offerees
9.1. Grant Offeree means an Applicant determined by the Judging Panel as eligible for an offer of a Grant.
9.2. The Organiser will issue via email, a letter of offer to each Grant Offeree that will include but not be limited to the following:
(a) The offer of a Grant;
(b) The Grant Requirements, consistent with those as set out at clause 12, which form the terms and conditions of the Grant awarded to the Grant Recipient.
(c) The value of the Grant being offered.
(d) A confirmation of the purpose for which the Grant is being offered, including where applicable, any changes proposed to the Export Activity for which the Grant is being offered.
(e) An invitation to the Grant Offeree to accept the offer of a Grant within 14 days of the date of the letter of offer.
(f) A request for the bank details into which the Grant is to be paid, in the event that the Grant Offeree accepts the offer of a Grant.
9.3. The Organiser will use its best endeavours to issue letters of offer to Grant Offerees within the following timelines but will not be held liable for any delays:
(a) For Round 1 Grant Offerees, no later than 27 September 2021.
(b) For Round 2 Grant Offerees, no later than 28 February 2022.
(c) For Round 3 Grant Offerees, no later than 1 August 2022.
9.4. Grant Offerees are not obliged to accept the offer of a Grant.
9.5. The Organiser withdraws the offer of a Grant to any Grant Offeree that rejects or has been deemed to have rejected the offer of a Grant in accordance with clause 9.6 below.
9.6. In the event that the Organiser has not received a signed letter of offer within 14 days of the date of that letter, the Grant Offeree to whom that letter is addressed will be deemed to have rejected that offer and be subject to clause 9.5.
10. Grant Recipients
10.1. Grant Recipient means a Grant Offeree that has accepted, signed, and returned his, her or their letter of offer to the Organiser within 14 days of the date of that letter.
10.2. A Grant will only be awarded to a Grant Recipient. For the avoidance of doubt, a Grant is not payable to a Grant Offeree that is not a Grant Recipient by virtue of clause 10.1.
10.3. A Grant will only be awarded once to a Grant Recipient in the entirety of the Program. For the avoidance of doubt, a Grant Recipient is ineligible to apply for rounds of the Program that occur after the round to which his, her or their Grant corresponds.
11. The Grant
11.1. The grant awarded to each Grant Recipient will be an amount no greater than 40% of the total costs of the Export Activity, as described in the application, up to a maximum of AUD$15,000 (Grant).
11.2. The Grant will be paid in cash as a lump sum to the bank account nominated by the Grant Recipient within 7 days of the Organiser receiving the signed letter of offer.
11.3. The value of any Grant offered to a Grant Offeree is determined by the Judging Panel and Organiser at its sole discretion, but will be no greater than AUD$15,000 for each Grant Application.
11.4. Where a Grant is to be awarded to a Minor Applicant, the Grant will be paid to the Minor Applicant’s parent or guardian on his, her or their behalf at the discretion of the Organiser.
11.5. The Grant may only be used for the following purposes:
(a) Visas (petition application and associated legal fees).
(b) International Flights, Freight and Carnets.
(c) Pre-Tour Rehearsals (venue, wages, backline).
(d) Artist Managers to travel with their acts overseas.
(e) Hotel Quarantine.
(f) Insurance and other COVID increased premiums.
12. Grant Requirements
12.1. If the Grant Recipient does not comply with the Grant Requirements, the Organiser, at its sole discretion may disqualify the Grant Recipient from the Program.
12.2. Grant Requirements means this clause 12 and its sub-clauses in their entirety, which forms the terms and conditions of the Grant awarded to the Grant Recipient.
(a) Except where varied under clause 12.9, the Grant Recipient agrees not to use the Grant for any purpose other than the purpose specified in the letter of offer issued by the Organiser.
(b) The Organiser reserves the right to recover the Grant from the Grant Recipient in any of the following circumstances:
(i) The Grant Recipient makes substantive changes to the Export Activity without receiving prior permission from the Organiser.
(ii) The Grant Recipient uses the Grant for a purpose other than specified in the letter of offer without receiving prior permission from the Organiser.
(iii) The Export Activity cannot proceed or be undertaken as described in the Grant Recipient’s application and the Organiser has not permitted an alternate option under clause 12.9.
(iv) The Grant Recipient supplies the Organiser with information that is false or misleading, either in error or because the Grant Recipient was trying to mislead.
(v) The Grant Recipient acts illegally or negligently at any time, and the Organiser believes it has significantly affected the Export Activity, or is likely to harm the reputation of the Organiser or any party associated with the Program.
(vi) The Grant Recipient does not comply with the Grant Requirements.
The Grant Recipient must use his, her or their best endeavours to acknowledge support from the Australian Government and the Australia Council for the Arts for receipt of the Grant.
(a) Grant Recipients must submit an acquittal report to the Organiser within 60 days of the completion of the Export Activity, in the form specified by the Organiser.
(b) The acquittal report must be submitted online at: https://soundsaustralia.awardsplatform.com/
(c) Failure to submit a completed acquittal report with the timeframe specified will adversely impact the eligibility of a Grant Recipient to participate in future programs the Organiser may run.
The Organiser shall have permission to use the Grant Recipient’s name, likeness, voice, and details of the Export Activity solely for any and all advertising and publicity purposes in connection with the Program, including on websites or social media channels controlled or operated by the Organiser, without compensation.
(a) The Organiser (and any party associated with the Program) will not be liable for:
(i) Any loss, damage, payment or expense of any kind (including but not limited to indirect or consequential loss or damage caused by the Organiser’s or other party’s negligence), or personal injury or other damage suffered or sustained as a result of entering, judging, running, cancellation or acceptance, enjoyment or use of the Program or a Grant (or part thereof), except for any liability that cannot be excluded by law. The Grant Recipient indemnifies the Organiser against all liabilities, losses, damages, costs and expenses (including all legal costs, whether incurred or awarded) suffered or incurred by the Organiser in relation to any breach by the Grant Recipient of its obligations under the Grant Requirements.
(ii) Any additional or associated costs in connection with a Grant Recipient’s use of a Grant or participation in the Program.
(iii) Payment of any amount other than the Grant, including where the costs of the Export Activity exceed the costs, as declared in the Grant Recipient’s application.
(iv) Any taxes payable in relation to the Grant, which are the sole responsibility of the Grant Recipient.
(b) The Organiser has the right to refuse to allow any Grant Recipient to take part in all or part of the Program, if the Organiser deems, at its discretion, that a Grant Recipient is not in an appropriate physical or mental condition to ensure the safety of parties involved, or the Organiser otherwise deems that it is not appropriate for the Grant Recipient to take part in all or part of the Program for any reason.
(c) The Grant is not transferable or exchangeable. The Organiser is not liable in any way if a Grant Recipient cannot receive, accept or use any element of the Grant for any reason. The Grant (or any part thereof) may be cancelled at the Organiser’s discretion if a Grant Recipient attempts to transfer it.
(d) A Grant Recipient is ineligible to receive a Grant if the Export Activity for which the Grant has been awarded contravenes advice from the Federal Government in relation to public health orders.
12.8. Changes and variations
(a) In the event that the Export Activity cannot proceed or be undertaken as described in the application, the Grant Recipient must immediately notify the Organiser by emailing Esti Zilber at [email protected]. Alternate options may be discussed.
(b) A Grant Recipient may request to vary their use of the Grant. Such requests must be via email and submitted for consideration to Esti Zilber [email protected] no later than 30 days prior to the start date of the Export Activity, as declared in the application.
(c) Any decision made with respect to a notification by a Grant Recipient under clause 12.9(a) or request by a Grant Recipient under clause 12.9(b) is made by the Organiser at its sole and absolute discretion.
12.9. Preventing Sexual Harassment
(a) The Grant Recipient agrees to ensure the health and safety of the participants in the Export Activity, including zero tolerance of any form of sexual harassment in the delivery of that activity, and promoting and facilitating appropriate standards of behaviour at all times. Information about what constitutes sexual harassment and where to report sexual harassment is available at https://humanrights.gov.au/our-work/sexual-harassment-workplace-legal-definition-sexual-harassment and https://antidiscrimination.nsw.gov.au/anti-discrimination-nsw/discrimination/sexual-harassment.html.
(b) The Grant Recipient agrees to ensure that timely, fair and appropriate action will be taken to address any complaints of sexual harassment.
13.1. If the Program is not able to be run as planned due to any event beyond the Organiser’s reasonable control, the Organiser may cancel, terminate, modify or suspend the Program.
13.2. Failure by the Organiser to enforce any of its rights at any stage does not constitute a waiver of those rights.
13.3. The Organiser reserves the right, in its absolute discretion, at any time during the Program period, to vary, withdraw, postpone or cancel the Program or Grant including without limitation, in circumstances where it cannot conduct the Program or award any part of the Grant for any reason beyond its control.
14.1. Applicants acknowledge and agree that the Organiser may amend the Program Terms and Conditions at any time provided that the Organiser provides reasonable notice to Applicants of any such amendments.
14.2. Applicants that do not agree with the amended Program Terms and Conditions as notified may withdraw from the Program by providing written notice by email to Esti Zilber at [email protected].
15. Dispute Resolution
15.1. If any dispute arises out of or in connection with this agreement, either party may submit that dispute to the “Resolution Pathways” alternative dispute resolution mechanism. Information about the mechanism can be obtained from resolutionpathways.com.au.
16. Governing Law
16.1. The Program including the Program Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales, Australia and all Applicants irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.