TIDAL Unplugged Submission Agreement
“TIDAL UNPLUGGED” – DETROIT
ARTIST GRANT PROGRAM
Overview: The TIDAL Unplugged Detroit Artist Grant Program (“TIDAL Unplugged”) offers aspiring music artists in the metro Detroit area an opportunity to submit his/her music to TIDAL for the consideration of a possible grant and to have his/her music available on TIDAL’s streaming service for one year (each as determined by TIDAL in sole discretion). By participating, each artist agrees to comply with and be bound by these Participation Terms and the decisions of TIDAL, which shall be final and binding in all respects.
Eligibility: The submitting artist must be a legal resident of Detroit, MI, thirteen (13) years of age or older who currently resides, and has resided for the prior nine (9) consecutive months, in the greater Detroit metro area. The submitting artist cannot be a close relative, housemate, employee or contractor of any employee of TIDAL or its affiliates. Any submitting artist under the age of eighteen (18) must have their parent or guardian’s permission.
How to Participate: Artists may apply by visiting https://tidal.com/us/unplugged. Submissions shall include: the full legal name, date of birth, legal residence, and email address of Artist and a link to Artist’s music as set forth in more details below.
The music shall be submitted for consideration by providing a link to access the music on a third party website or social media page (e.g., SoundCloud, YouTube, Facebook, Instagram, Twitter, etc.) and access to such music via the link provided must be available from the date of submission through thirty (30) days after the end of the submission period. The submitter must abide by all terms and conditions concerning use of the applicable website/social media platform.
The music submitted must be an acoustic performance.
Music submitted must not disparage any other person or contain material that promotes bigotry, discrimination, racism, ridicule, mockery, or harm against any group or individual based on a health condition or illness, disability, race, gender, religion, nationality, sexual orientation, age, or any other basis.
Although we understand that artists may use explicit language, the music submitted must not contain any material that is libelous or defamatory.
By providing a link or otherwise submitting music for consideration, the submitting artist (or his/her parent or legal guardian, as applicable) represents and warrants that:
The submission is artist’s original work or a cover song, and artist has the right to use and perform the song in all regards and to grant the rights herein
The submission does not infringe upon the copyrights, trademarks, property, privacy, publicity, intellectual property or other legal or moral rights of any person or entity.
LIMIT: one submission per person
Submission Period: Artists may apply commencing on March 1, 2019 at 10:00 am EST and ending on April 9, 2019 at 10:00 am EST. TIDAL’s computer is the official time-keeping device for the submission period.
Artist Selection: TIDAL IS NOT OBLIGATED TO AWARD THE ARTIST GRANT (AS DEFINED BELOW) OR TO SELECT ANY PARTICULAR NUMBER OF ARTISTS. TIDAL MAY ELECT, IN ITS SOLE DIRECTION, NOT TO SELECT ANY ARTISTS FOR THE ARTIST GRANT. As music is art, there is no exact science to determine when we will “feel” something, but we will know it when we hear that “it” factor. We listen for creativity, originality, catchiness and overall infectiousness of a song or the artist’s performance of a particular song.
TIDAL will contact the potential artist(s) it has selected to receive an Artist Grant, if any (each, a “Potential Artist”) within thirty (30) days of the end of the submission period. Each Potential Artist, if any, will be notified by email, at the email address provided upon music submission, that they have been selected to potentially receive an Artist Grant and will have five (5) business days to respond.
Artist Grant: An “Artist Grant” consists of a monetary grant in an amount to be determined based in good faith by TIDAL on a case-by-case basis depending on the financial need and other compelling factors of the Potential Artist. If a Potential Artist receives an Artist Grant, they will not be eligible for any future grants offered by TIDAL or its affiliates. The Artist Grant may not be transferred, sold or assigned to any other person and the Potential Artist is responsible for all applicable local, state and federal income tax. The Potential Artist may be requested to produce a government issued ID and complete certain IRS tax forms to receive payment.
To receive the Artist Grant, the Potential Artist will be required to enter into a license agreement and grant certain rights with respect to the recording and distribution of new music by Artist and use of Artist’s name and likeness in connection with TIDAL’s use of such music. If the Potential Artist elects not to enter into the applicable agreement, fails to respond to TIDAL’s notification within ten (10) business days, or is otherwise found to have violated the Participation Terms (including the eligibility or submission requirements), TIDAL will not be obligated to award the Artist Grant and neither party shall have any further obligation to the other except as set forth herein with respect to the submitted music. In addition, any artist under the age of eighteen (18) will be required to have a parent or guardian execute a written acknowledgment consenting to the minor entering into the license agreement and guaranteeing the minor’s performance thereunder, the failing of which will permit TIDAL to elect not to award the Artist Grant to such minor.
License: With respect to all music submissions, the submitting party agrees to the following:
For good and valuable consideration, TIDAL and its designees, licensees and assigns (“Licensed Parties”) are granted the right (but not the obligation) to make available all music submitted by you (including the master recording and underlying musical composition) on the TIDAL streaming service and TIDAL’s social media channels for a period ending March 31, 2019 without any further obligation to you and without any additional approval or compensation except as specifically provided for herein (“License Period”). After the License Period ends, TIDAL may continue to make the submitted music available on the service, but you may thereafter request in writing that it be taken down.
TIDAL and its designees, licensees and assigns shall have the right (but not the obligation) to use the artist(s)’ name and likeness in connection with TIDAL’s use of the submitted music as provided for herein and in connection with the TIDAL Unplugged artist grant program.
Release: By submitting music for TIDAL Unplugged, each submitting party agrees to release and hold harmless, to the fullest extent permissible by law, TIDAL and its respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, promotion partners and prize suppliers, and each of their respective officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim, lawsuit, complaint, action, cause of action (including any resulting losses, damages, liabilities, costs and expenses including reasonable outside attorney’s fees and legal expenses) (“Claims”) arising out of or in connection with TIDAL UNPLUGGED or the submitting party’s participation in TIDAL UNPLUGGED, , including, but not limited to, intellectual property infringement, defamation, right of publicity, personal injury, death, or damage to or loss of property, arising out of participation in TIDAL Unplugged.
General Conditions: TIDAL reserves the right to cancel, suspend and/or modify the structure of TIDAL Unplugged in its sole discretion. TIDAL reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the submission process or the operation of TIDAL Unplugged or to be acting in violation of these terms and conditions. Any attempt by any person to deliberately undermine the legitimate operation of TIDAL Unplugged may be a violation of criminal and civil law, and, should such an attempt be made, TIDAL reserves the right to seek damages from any such person to the fullest extent permitted by law. TIDAL’s failure to enforce any term of the terms and conditions set forth herein shall not constitute a waiver of that provision.
A SUBMITTING PARTY WILL INDEMNIFY AND HOLD HARMLESS TIDAL AND THE RELEASED PARTIES FROM ANY FEES, ROYALTIES, COSTS AND EXPENSES ARISING OUT OF ANY CLAIMS ARISING OUT OF OR RELATED TO HIS/HER SUBMISSION OR PARTICIPATION IN TIDAL UNPLUGGED OR THE LICENSED PARTIES’ EXERCISE OF THE RIGHTS GRANTED AND CONTEMPLATED HEREIN.
Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information supplied to them by any submitting party; (2) technical failures of any kind, including, but not limited to shipping or other malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the submission process; (4) technical or human error which may occur in the administration of the submission process; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from a person’s participation in TIDAL Unplugged.
Disputes: Except where prohibited, all parties submitting music agree that: (1) any and all disputes, claims and causes of action arising out of or connected with TIDAL Unplugged shall be governed by the laws of the State of New York and shall be resolved individually, without resort to any form of class action, and exclusively by binding arbitration in New York County, New York; and (2) under no circumstances will submitting parties be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
Grant Recipient List: TIDAL will post the names of Artist Grant recipients (if any) on its website.
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