Terms & conditions

2009 Telstra Road to Tamworth competition terms & conditions

General

1. The Promotion starts on 21 May 2008 and will end on 19 October 2008 (Promotion Period). 2 week closure requirement in clause 11 will be strictly enforced. All information on how to enter and what prizes can be won forms part of these terms and conditions. Entry into the Promotion is deemed acceptance of these terms and conditions.
2. The promoter is Telstra Corporation Limited ABN 33 051 775 556 of Level 2, 400 George Street, Sydney NSW 2000 (Promoter or Telstra).

How to Enter

3. Entry to the Promotion is open to any Australian resident who is a customer, or immediate family member of a customer, of Telstra who, at the date of completing the entry form and at the time they participate in any stage of the Promotion, including the Competition Heats, Competition Heat Final and Competition Grand Final, either:

1. resides in premises with a current Telstra fixed line service preselected to Telstra for long distance calls;
2. has a post-paid Telstra mobile service;
3. has a pre-paid Telstra mobile service (each a Telstra Service); or
4. has a BigPond service

(Eligible Entrant).

4. Management, employees and contractors (and their immediate family members*) of the Promoter and any agencies, firms or companies associated with the Promotion (including the suppliers of prizes), any previous winners of the Telstra Road to Tamworth Competition, and individuals with current recording contracts are ineligible to enter.

* In this paragraph:

1. immediate family member includes:
   1. a spouse of management, the employee or the contractor; and
   2. an adult child, parent, grandparent, grandchild or sibling of management, the employee or the contractor or of a spouse of management, the employee or the contractor; and
2. spouse includes a former spouse, a de facto spouse and a former de facto spouse.

5. To enter and be eligible to win, an Eligible Entrant must, during the Promotion Period:

1. visit www.beinvolved.telstra.com/countrymusic during the entry period for the Competition Heat they wish to enter; and
2. complete and submit the online entry form including their name, address, contact phone number (including the relevant Telstra Services), email, date of birth and sex; and
   1. upload a video clip (containing audio) of their performance, which must be no bigger than 3MB in size; or
   2. include a link to a publicly accessible webpage where video content (containing audio) can be viewed; or
   3. send a MMS to 0438 09 TRTT (0438 098 788) of their performance, which must be no bigger than 300KBs in size.

Solo and group performances (including acoustic and a capella) are accepted and one (1) performance constitutes one (1) eligible entry (Eligible Entry). There must be one entry form completed per Eligible Entry.

6. Entry into the Promotion is free.
7. Incomplete, incorrect and illegible entries are not eligible to enter. Clause 5(b)(ii) requires a direct link to the performance, without prevention of firewalls or passwords. Entrants who submit their Eligible Entry via Clause 5(b)(iii) will be required to complete an extra step in the entry form by confirming the MMS has been received. Eligible Entrants must also have the consent of the legal lessee of the service from which they are sending the MMS.
8. Eligible Entrants can enter the Promotion as many times as they wish but can only participate in a maximum of 2 Competition Heats throughout Australia. However, if an Eligible Entrant wins a Competition Heat they are not permitted to compete in any further Competition Heats.
9. If an Eligible Entrant is under the age of 18 years, they must be accompanied by a parent or legal guardian when travelling to and from and attending a Competition Heat, Competition Final or Competition Grand Final. All costs associated with a parent or legal guardian accompanying an Eligible Entrant are the responsibility of that Eligible Entrant.

What are the stages of the Promotion?

10. The Promotion will consist of 14 Competition Heats, a Competition Final and a Competition Grand Final. A detailed description of each stage of the Promotion is set out below and each stage is subject to the Performance Rules set out in paragraphs 41 to 46 below.
11. Competition Heats will be held from 28 June 2008 until 1 November 2008. Entry into each Competition Heat will close at 11:59pm 2 Sundays prior to each Competition Heat. The 14 Competition Heat Winners will be invited to participate in the Competition Final to be held on 19/1/09 at the Tamworth Country Music Festival, Tamworth 2008.
12. The 8 Competition Final Winners will be invited to participate in the Competition Grand Final to be held at the Tamworth Country Music Festival, Tamworth 2009. There will be only one Competition Grand Final Winner and one Songwriter's Award Winner.
13. The judging panel for the Competition Heats will consist of representatives selected by Rob Potts Entertainment Edge The judging panel for the Competition Final and the Competition Grand Final will consist of representatives of the country music industry, including a representative of ABC Music.
14. The dates of the Competition Final and the Competition Grand Final are subject to change in line with the scheduled dates of the Tamworth Country Music Festival, Tamworth 2009.

Competition Heats

15. For each Competition Heat, the judging panel will invite 14 Eligible Entrants with the most creative and original Eligible Entries (as determined by the judging panel in its absolute discretion) to take part in that Competition Heat (Selected Entrant). The Selected Entrants must perform at the Competition Heat in accordance with the Performance Rules set out in paragraphs 41 to 46 below.
16. If a Competition Heat has less than 14 Selected Entrants, or if the Promoter wishes (in its absolute discretion) to have more than 14 Selected Entrants in a Competition Heat, the Promoter may invite other Eligible Entrants (in its absolute discretion) to participate in that Competition Heat (Wildcard Entrants). For the purposes of these terms, Wildcard Entrants are included in references to "Selected Entrants".
17. If a Competition Heat has less than 14 Selected Entrants, the Promoter may cancel the Competition Heat in its absolute discretion and without notice.
18. Each Selected Entrant must perform 2 songs at the Competition Heat. The Selected Entrant from each Competition Heat that has the greatest vocal ability, stage presence, presentation, star quality and audience response (as determined by the judging panel in its absolute discretion) will win that Competition Heat (Competition Heat Winner). There is no requirement that the Selected Entrant must perform the song that they entered the competition with.
19. The details of each Competition Heat can be found at
    www.beinvolved.telstra.com/countrymusic.
20. Each Selected Entrant will be notified of their scheduled Competition Heat time (including their particular time slot), date and location at least one (1) week prior to their scheduled Competition Heat. Each Selected Entrant is responsible for all costs involved in attending the Competition Heat (including any travel and accommodation expenses).
21. Selected Entrants must be available 45 minutes prior to their particular time slot. Competition Heats will not be re-scheduled if a Selected Entrant is unavailable.
22. The Promoter reserves the right to change the format or venue of a Competition Heat, provided the Promoter gives all Selected Entrants reasonable notice. If the format or venue of a Competition Heat is changed, the Selected Entrants for that Competition Heat will be notified by Rob Potts Entertainment Edge. The Promoter will endeavour to ensure that any alternative arrangements are suitable to the Selected Entrants.
23. All Competition Heats will be recorded on digital video camera. Selected Entrants will be judged from this recording or a live judging panel at the promoter’s discretion. Selected Entrants will only have their performance recorded once. No alterations, editing or changes of any sort to the video recording of the Selected Entrants' performances will be allowed.
24. Each Competition Heat Winner will be notified at the completion of the relevant Competition Heat, after the judging panel has finished its deliberations. [The Competition Heat Winners' details will also be published on www.beinvolved.telstra.com/countrymusic 2 weeks after the relevant Competition Heat.
25. The Competition Heat prizes will be presented to the Competition Heat Winner after Competition Heat.

Competition Finals

26. Each Competition Heat Winner will be invited to participate in the Competition Final as a Competition Finalist.
27. Each Competition Finalist must perform 2 songs at the Competition Final. The 8 Competition Finalists who have the greatest vocal ability, stage presence, presentation, star quality and audience response (as determined by the judging panel in its absolute discretion) will be the winners of the Competition Finals (Competition Final Winners).
28. The Competition Final will take place on 19/1/09 at the Tamworth Country Music Festival, Tamworth NSW. Each Competition Finalist is responsible for all costs involved in attending the Competition Final (including, but not limited to, airfares, accommodation, transfers, meals, taxes, insurance and all other ancillary costs).
29. Each Competition Finalist will be notified of their scheduled Competition Final time, date and location at least 2 weeks prior to their scheduled Competition Final. If a Competition Finalist cannot attend their scheduled Competition Final, no other entrants shall be selected to compete in their place.
30. The Competition Final Winners will be notified on the completion of the Competition Final after the judging panel has finished its deliberations. The Competition Final Winners' details will also be published on www.beinvolved.telstra.com/countrymusic at least 2 weeks after the Competition Finals.
31. Competition Final Winners will receive their prize on the completion of the Competition Finals.
32. The ABC may, in its absolute discretion, offer recording contracts to Competition Final Winners. Each Competition Final Winner agrees not to enter into any agreement, arrangement or negotiation with any third party dealing with the rights in any musical or literary works written by the Competition Final Winner or recordings of performances of the Competition Final Winner (other than the ABC) for a period of four (4) months following the date of completion of the Competition Final.

Competition Grand Final

33. Each Competition Final Winner will be invited to participate in the Competition Grand Final as a Competition Grand Finalist.
34. Each Competition Grand Finalist must perform 2 songs at the Competition Grand Final. The Competition Grand Finalist who has the greatest vocal ability, stage presence, presentation, star quality and audience response (as determined by the judging panel in its absolute discretion) will win the Competition Grand Final and the Road to Tamworth Competition (Competition Grand Final Winner). The Competition Grand Final Winner cannot also win the Songwriter's Award.
35. If a Competition Grand Finalist performs their own original song as part of the Competition Grand Final, then that Competition Grand Finalist will be eligible for the Songwriter's Award. Subject to paragraph 36 below, the judging panel will award the Songwriter's Award to the Competition Grand Finalist who has written and performed the best original song (as determined by the judging panel in its absolute discretion) (Songwriter's Winner).
36. The Songwriter's Award will not be awarded if none of the Competition Grand Finalists perform their own original song. The judging panel is under no obligation to award the Songwriter's Award even if the Competition Grand Finalists have performed their own original songs.
37. The Competition Grand Final will take place on 20/1/09at the Tamworth Country Music Festival, Tamworth, NSW. Each Competition Grand Finalist is responsible for all costs involved in attending the Competition Grand Final (including, but not limited to, airfares, accommodation, transfers, meals, taxes, insurance and all other ancillary costs).
38. A rehearsal (with a backing band) for each Competition Grand Finalist will be held 20/1/09, prior to the staging of the Competition Grand Final. Each Competition Grand Finalist will be notified of their scheduled rehearsal time, and Competition Grand Final time at the completion of the Competition Finals. If a Competition Grand Finalist cannot attend their scheduled Competition Grand Final, no other entrants shall be selected to compete in their place.
39. The Competition Grand Final Winner and the Songwriter's Award Winner will be notified on the completion of the Competition Grand Final, after the judging panel has finished its deliberations. The Competition Grand Final Winner's and the Songwriter's Award Winner's details will also be published on www.beinvolved.telstra.com/countrymusic at least 2 weeks after the Competition Grand Final.
40. The Competition Grand Final Winner agrees to negotiate in good faith, with the intention of entering into an agreement with:
    1. Rob Potts Entertainment Edge, granting Rob Potts Entertainment Edge the exclusive right to represent the Competition Grand Final Winner as their personal management company and booking agent for all paid live performances and appearances for a minimum period of 12 months, and granting Rob Potts Entertainment Edge an option to extend this period to a maximum of three years from the date of the Competition Grand Final, provided the terms of the agreement are acceptable to the Competition Grand Final Winner (acting reasonably); and
    2. the ABC, in relation but not limited to;
       1. recording for commercial release in Australia an album, which will include any tracks recorded during the recording session referred to in paragraph 50(a); and
       2. recording up to four subsequent albums, in keeping with the agreement reached between the ABC and the Competition Grand Final Winner in respect of the first album,

and provided that the terms of the agreement are acceptable to the Competition Grand Final Winner (acting reasonably). These options are to be exercised at the sole discretion of the ABC and subject to the ABC's standard contractual requirements for like recordings by previously unreleased artists. If the Competition Grand Final Winner refuses on reasonable grounds to grant the options to the ABC, the Competition Grand Final Winner agrees not to enter into any agreement, arrangement or negotiation with any third party dealing with the rights in any musical or literary works written by the Competition Grand Final Winner or recordings of performances of the Competition Grand Final Winner for a period of twelve (12) months following the date of the Competition Grand Final

This paragraph does not compel the Competition Grand Final Winner to acquire the services referred to in (a) and (b) above if the Competition Grand Final Winner cannot agree satisfactory terms with each of Rob Potts Entertainment Edge or the ABC.

All Eligible Entrants must be unencumbered by any existing contracts, agreements and/or commercial relationships which may in any way prejudice the Eligible Entrant's ability to fulfil the contractual obligations associated with the major prize package within this competition.

Performance Rules

41. Each Selected Entrant, Competition Finalist and Competition Grand Finalist will be required to perform 2 songs.
42. Selected Entrants and Competition Finalists (entrants) may perform either unaccompanied (a cappella), or with acoustic instrumental backing. Acoustic instrumental backing may be performed by the entrant or, if not by the entrant, by an accompanying musician. However, if an accompanying musician is used, the accompanying musician is not permitted to sing and must provide their own instrument. Any acoustic instrument may be played by the entrant or their accompanying musician. However, for the purpose of the Promotion, an acoustic instrument is deemed to be any instrument whose sound is not electronically created and cannot be enabled to play any backing tracks. If there is a dispute under this paragraph, Rob Potts Entertainment Edge will determine, in its sole discretion, whether an instrument is an acoustic instrument or may otherwise be played by an entrant.
43. A backing band will be provided to accompany all Competition Grand Finalists as required.
44. All material performed is to be country in style, as determined by the Promoter or Rob Potts Entertainment Edge in their absolute discretion. Songs may be original compositions or cover versions of other artists. Subject to any prior assignment to the Australian Performers Rights Association (APRA), performers of original compositions authorise and grant to the Promoter an exclusive licence worldwide to make a video and sound recording of the performance, and to reproduce, adapt, publish, perform and communicate the composition to the public and do any other act comprising the copyright in the composition and the Promoter may authorise any other party (including the ABC) to do any of the aforementioned acts. Performers of original compositions warrant that their composition does not infringe the copyright in any other literary or musical work. The performance of songs that are not original compositions is subject to Rob Potts Entertainment Edge obtaining any required licences for the performance and recording of the songs. All performers (whether of original compositions or not) authorise the recording of the performance by the Promoter and any reproduction, broadcasting or re-broadcasting of that performance or the recording, including by the ABC.
45. Judges' decisions are final and no correspondence will be entered into.
46. The judges are under no obligation to provide any feedback, comments or critique of any aspect of any performance.

What You Can Win

47. Each Competition Heat Winner will receive the amount of AU$1,000.
48. Each of the 8 grand finalists will receive a Epiphone DR-100 Acoustic Guitar
49. The Songwriter's Award Winner will receive:
    1. a return economy airfare from Sydney to Nashville, USA, accommodation for one (1) adult for 7 nights and a living allowance of AU$100 per day for a total of 7 days. Airfares and accommodation are provided and will be arranged by Rob Potts Entertainment Edge in consultation with the Songwriter's Award Winner. If the Songwriter's Award Winner is under the age of 18 years, they must be accompanied by a parent or guardian over the age of 18 years. All costs associated with a parent or guardian accompanying the Songwriter's Award Winner (including but not limited to flights, transfers and accommodation expenses) are the responsibility of the Songwriter's Award Winner. It is the Songwriter's Award Winner's responsibility to obtain a valid passport and visa and meet any security or other requirements to enter and stay in the USA; and
    2. 5 days of songwriting appointments with top Nashville songwriters as arranged by Rob Potts Entertainment Edge and Universal Music Publishing Nashville;
    3. Two tickets to the American CMA Music Festival;
    4. a 12-month Sterling membership of the American CMA (Membership terms and conditions will apply);
50. The Competition Grand Final Winner will receive:
    1. a recording session in Nashville, USA in or around June 2009 (or an alternative date within 12 months of the Competition Grand Final as agreed between the ABC and the Competition Grand Final Winner), to record one track, as coordinated by the ABC in its discretion. The ABC may agree with the Competition Grand Final Winner, at its absolute discretion, to record additional tracks during this recording session. The ABC shall own all copyright in the recordings made during the recording session and the Competition Grand Final Winner assigns to the ABC absolutely all of the Competition Grand Final Winner's right, title and interest, including any intellectual property rights, in the recordings throughout the world so that all of the Competition Grand Final Winner's right, title and interest, including any intellectual property rights, in the recordings vest in the ABC immediately on creation;
    2. a return economy airfare to Nashville, USA from the capital city nearest the Competition Grand Final Winner's residential address and accommodation and a living allowance of AUS $120 per day for a total of 10 days for the Competition Grand Final Winner to attend the recording session and the American CMA Music Festival in June 2009. Airfares and accommodation are provided by Telstra Country Wide and will be arranged by Rob Potts Entertainment Edge in consultation with the Competition Grand Final Winner. If the Competition Grand Final Winner is under the age of 18 years, they must be accompanied by a parent or guardian over the age of 18 years. All costs associated with a parent or guardian accompanying the Competition Grand Final Winner (including but not limited to flights, transfers and accommodation expenses) are the responsibility of the Competition Grand Final Winner. It is the Competition Grand Final Winner's responsibility to obtain a valid passport and visa and meet any security or other requirements to enter and stay in the USA;
    3. Two American CMA certified performances during the American CMA Music Festival in June 2009, as determined and arranged by the American CMA & Rob Potts Entertainment Edge
    4. Two tickets to the American CMA Music Festival;
    5. a 12-month Sterling membership of the American CMA (Membership terms and conditions will apply);
    6. a video clip produced by a director selected by Rob Potts Entertainment Edge and played on, the Country Music Channel shown on Austar and Foxtel subscription television, as determined by the Country Music Channel;
    7. the opportunity to have Rob Potts Entertainment Edge exclusive booking agency representation for a minimum of 12 months
    8. An Epiphone Elitist Les Paul ‘57 Goldtop electric guitar (please note: Goldtop finish may vary in colour due to availability).
    9. publicity on their visit to Nashville through leading Nashville based media/PR company AristoMedia; and
    10. a photo shoot/session with a professional photographer, stylist, hair & make up artist arranged by Rob Potts Entertainment Edge, to provide suitable promotional photos for the marketing and promotion of the winner's career, to the value of $2,500 (excluding GST).
51. The Songwriter's Award Winner and the Competition Grand Final Winner are each responsible for any additional expenses incurred in attending the songwriting appointments or the recording session in Nashville, USA, including, but not limited to, obtaining passports and visas, transfers, meals, taxes, insurance and all other ancillary costs.
52. The date of the songwriting appointments and the recording session in Nashville, USA is subject to change. The Songwriter's Award Winner and the Competition Grand Final Winner will each be duly notified of any change of date.
53. The total value of all prizes is in excess of $AU140,000

General Terms and Conditions

54. The Promoter, Rob Potts Entertainment Edge and the ABC will not be held liable for any loss, damage or injury which results directly or indirectly from this Promotion, except that which cannot be excluded by law.
55. The Promoter reserves the right to disqualify entries in the event of non-compliance with these terms and conditions of entry and the Promoter's decision in relation to any aspect of the Promotion is final and binding on each person who enters. No correspondence will be entered into. No responsibility will be accepted for late, lost or misdirected entries or any other event beyond the Promoter's control.
56. The Promoter accepts no responsibility for any tax liabilities that may arise from winning the prize(s).
57. Without limiting paragraph 54, all participants in this Promotion participate at their own risk and agree to indemnify the Promoter, Rob Potts Entertainment Edge and the ABC for any claims or otherwise made against the Promoter and Rob Potts Entertainment Edge in connection with their involvement in this Promotion.
58. By entering this Promotion:
    1. each Eligible Entrant consents to the Promoter, Rob Potts Entertainment Edge and the ABC:
       1. using any recordings and photographs (Materials) taken of any of their performances for future promotional and marketing purposes without further reference or payment or other compensation to the Eligible Entrant; and
       2. duplicating, altering, adapting and utilising the Materials as the Promoter or Rob Potts Entertainment Edge or the ABC wishes at any time, anywhere, and by any means. The Promoter, Rob Potts Entertainment Edge and the ABC may licence, authorise or otherwise transfer the rights in the Materials to others to do the same;
    2. each Eligible Entrant acknowledges that the Promoter and Rob Potts Entertainment Edge retains the rights, title and interest, including in the copyright to any other right in the Materials and, to the extent permissible by law, each Eligible Entrant waives and/or assigns to the Promoter or Rob Potts Entertainment Edge all such rights which might, but for these terms and conditions, arise;
    3. each Eligible Entrant unconditionally and irrevocably consents to any act or omission that would otherwise infringe its moral rights in the Materials (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by stature anywhere in the world whether occurring before or after this consent is given ("Moral Rights");
    4. each Eligible Entrant waives all its Moral Rights in the Materials that arise outside Australia; and
    5. each Eligible Entrant agrees not to institute, maintain or support any claim or proceeding for infringement of its Moral Rights in the Materials.
59. All entries become the property of the Promoter and Rob Potts Entertainment Edge. By entering this Promotion you understand and agree that the Promoter may use and disclose the information provided by you on the terms and for the purposes (including marketing) set out in Telstra's Privacy Statement or by calling 1800 039 059.