AIM2FAME
APPLICATION TERMS AND CONDITIONS
By submitting your application you hereby agree to the terms and conditions in the Application Form and the following terms and conditions (the “Terms and Conditions”):
1. GENERAL
1.1 The Terms and Conditions relate to your application to take part in the Program and form part of your Application Form.
1.2 You are solely responsible for any and all costs or expenses incurred by you in applying to participate in the Program, except those we decide to pay for you, that include reasonable and pre-approved standard travel and room-only accommodation costs necessary to have you in the Program if you are selected to participate as a contestant. We will not be responsible for any other costs and/or expenses.
1.3 We do not accept any responsibility whatsoever for any technical failure, malfunction of or any other problem which may result in any application not being properly received.
1.4 If your Application Form is incomplete or incomprehensible, incorrectly submitted and, if applicable, incorrectly addressed, lost in transit, containing insufficient postage, not received by us at the relevant postal or email address or sent in after any specified closing date, you agree that it may not be considered.
1.5 As we will receive a large number of applications, you accept that we will not acknowledge or respond to each and every application but only to those of applicants who will be selected as contestants for the Program. We will review all application forms to decide which applications are suitable to be put forward to select the contestants for the Program. You accept and agree that participants will be selected at our sole discretion and that such decisions shall be final and that there will be no right of appeal against any decisions taken by us on this matter.
1.6 You accept that receiving an Application Form and/or a phone call and/or any other correspondence from a member of the Program production team DOES NOT automatically mean that you will be selected as a contestant for the Program and we reserve the right, at our sole discretion, to stand you down at any time during the production process, even if you have been given a date to attend auditions and/or recordings.
1.7 We do not represent that we will produce or broadcast any episode of the Program or to include any applicant’s participation in the Program.
2. YOUR OBLIGATIONS
2.1 You agree to abide by the rules and regulations of the Program in all its stages as shall be notified to you in writing or verbally. You accept that we may amend, change or revise such rules and regulations at any time in our absolute discretion.
2.2 You agree to attend any auditioning and selection stages, heats and promotional activities relating to the Program if required by us on any dates as shall be notified to you. We and/or the Broadcaster may change, extend, suspend or cancel any stage of application process and/or the Program, including without limitation the structure and/or content, at any time and in our absolute discretion.
2.3 If you are not of the legal age in your country (a “Minor”) you must be accompanied by a parent or legal guardian to any auditions and/or any subsequent stages of the Program selection process, which you could be invited to.
2.4 You acknowledge that the Program could be physically and psychologically demanding and so, if required by us, you agree to undertake a medical and/or psychological assessment, conducted by a certified practitioner. You understand and acknowledge that your participation in the Program may be subject to the results of such assessments and the state of your health being to our satisfaction.
2.5 You warrant that you comply with each of the Eligibility Requirements and, if required by us, you agree to provide us with documentary evidence as well as providing all consents and assistance in carrying out any background searches if so required by us to substantiate the information provided in your Application Form.
2.6 You agree that from the date of submitting your Application until 90 (ninety) days after the date of your elimination from the Program or first transmission of the last episode of the Program (whichever is the earlier) (the “Exclusivity Period”) you will not, without our prior written consent, apply for and/or audition for and/or appear on any audio and/or visual program including any talent shows (the “Other Programs”) or negotiate or sign any music agreement with third parties. If during the Exclusivity Period you are asked to apply for and/or audition for and/or appear on any Other Programs you will inform us immediately.
2.7 On our request, you agree to sign a participation agreement with us (the “Participant Agreement”) which shall contain without limitation the terms and conditions of your participation in the Program and a short form version of the Music Agreements (as defined in the Eligibility Requirements) (the “Short Form Music Agreements”).
2.8 Should you be selected as a contestant of the Program (as specified by us) and/or on our request, you agree to sign a series of long form versions of the Music Agreements (“Long Form Music Agreements”). We recommend you to get independent legal advice before signing the documents.
2.9 If, for any reason, you fail to sign the Short Form Music Agreements or, having received the benefit of independent legal advice, any of the Long Form Music Agreements promptly upon request (subject to the review of any Pre-Existing Artist Agreements in accordance with Clauses 2.10 and 2.11 which may cause delay), you acknowledge that you will be unable to continue in the Program and we have the right to remove you from the Program and/or replace you with an alternative participant.
2.10 You agree to provide us with full details of:
(a) any recording contract or music publishing agreements which you have previously had, as listed in your Application Form (the “Previous Artist Agreements”).; and/or
(b) any other agreement, including without limitation, any other recording contracts or music publishing agreements (whether written or oral and current or otherwise) with any third party (“Commercial Agreement(s)”) which would restrict in any way your ability to participate in the Program, to enter into the Music Agreements or otherwise obligate you to provide compensation to any third party in connection with your activities in the entertainment industry. Should you fail to inform us of any such Commercial Agreement, we shall be entitled in our absolute discretion to withdraw you from participating in the Program at any stage; and you hereby authorize us to hand over such Previous Artist Agreements and/or Commercial Agreements to the Record Company for their review.
2.11 You agree and acknowledge that if you enter into a new Commercial Agreement between the date of your Application and ninety (90) days from your involvement in the Program without first seeking our prior written approval that you will be unable to continue in the Program and we shall have the right to remove you from the Program and/or replace with an alternative participant. You therefore agree to seek our written approval before entering into any new Commercial Agreement, which you may be offered during your continued participation in the Program.
2.12 If we and/or the Record Company are of the view that any Previous Artist Agreement and/or Commercial Agreement conflicts with the Terms and Conditions or in any way restricts your ability to participate in the Program or enter into the Music Agreements (a “Conflict”), we and/or the Record Company shall discuss such Conflict with you. Should we or the Record Company consider that the Previous Artist Agreement and/or Commercial Agreement would preclude you from entering into any of the Music Agreements, we shall be entitled, at our absolute discretion, to withdraw you from participating in the Program.
2.13 You warrant that nothing in your Application will:
2.13.1 infringe the copyright or any other right of any third party;
2.13.2 breach any contract or duty of confidence;
2.13.3 constitute a contempt of court or expose us to any civil or criminal proceedings; and/or
2.13.4 otherwise be intended to bring us or any other party into disrepute.
2.14 You agree that we may in our sole discretion disqualify you from any stage of the Program auditioning and selection process or the Program itself and/or any benefit awarded or due to be awarded to you during your participation in the Program if:
2.14.1 you supply or have supplied any untruthful, incomplete, inaccurate or misleading details and/or information or you have deceived us in any way including without limitation about your identity;
2.14.2 you fail to abide by the Terms and Conditions or the rules and regulations of the Program;
2.14.3 you fail to abide with any of our other reasonable instructions or directions;
2.14.4 by reason of your conduct (including past conduct) you bring us or the Broadcaster into disrepute; and/or
2.14.5 you fail to meet the Eligibility Requirements.
2.15 You agree to notify us of any changes to the circumstances and/or information and/or data provided in the Application Form, including any criminal charges, investigations and/or convictions which are brought against you, during your continued participation in the Program selection process and the Program itself.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 In the event that you apply, whether or not you are invited to attend an audition and/or any other subsequent stages of the Program selection process, you agree and consent to the filming and recording of you and your voice, conversation and sounds, including any performance of any musical composition(s), during and in connection with your application for the Program (the “Contribution”) and the use of your Contribution in connection with the Program in whole or in part or not at all.
3.2 You irrevocably grant and assign to us by way of present assignment of present and future copyright, all rights of any nature in and to the rights, title and interest in your Contribution so as to permit the fullest use throughout the world of the Contribution or any part(s) thereof by all means and in all media in connection with the Program or otherwise in perpetuity. For purposes of clarity, you accept that we have the right to edit, copy, adapt or translate the Contribution as we see fit.
3.3 You further agree that any photographic material(s), video material(s) and/or any other materials you have submitted as part of your application to appear as a participant in the Program and/or as part of your Contribution (collectively, the “Submission”) may be featured in the Program and you warrant that you have the necessary licenses, rights, consents and permissions to authorize us to use your Submission in full or in part.
3.4 You grant us a worldwide, perpetual, royalty free and transferable license (with the right to sub-license) to use, edit, record, modify, translate, distribute, make available to others, prepare derivative works of and exploit your Submission by any medium or method whether now known or later developed throughout the world for the full term of copyright and other rights and all renewable and extension thereof. You agree to provide us with details of all such licenses, rights, consents and permissions relating to the Submission if we so request.
3.5 For the avoidance of doubt, you agree that we have no obligation whatsoever to return any materials (including without limitation, the Submission) which you have submitted as part of the Application whether or not you are selected as a participant and that we are in no way obligated to use any such materials in connection with the Program.
3.6 You grant us the right to use your name, voice, likeness, photographs and any biographical material and any Contribution or Submission concerning you in connection with the promotion and exploitation of the Program and/or ancillary products/services and/or in connection with us and/or the broadcaster of the Program, throughout the world in all media in perpetuity.
3.7 You irrevocably waive the benefits of and agree not to assert any provision of law known as "moral rights" or any similar laws of any jurisdiction in respect of any Contribution and/or Submission.
4. HOW YOUR INFORMATION WILL BE USED
4.1 “Personal Data” means data which relates to you, where you can be identified directly from that data or from that data together with other information in our possession; and “Sensitive Personal Data” means personal data consisting of information as to your a) racial or ethnic origin; b) political opinions; c) religious beliefs or other beliefs of a similar nature; d) membership (or not) of a trade union; e) physical or mental health or condition; f) sexual life; g) commission or alleged commission of any offence; h) involvement in and the outcome of proceedings for any offence committed or alleged to have been committed by you.
4.2 “Your Information” means any of the information, whether verbal or written, which you have or may subsequently provide to us in connection with your appearance on the Program, including but not limited to any information which you have or may subsequently provide to us during the application and selection process and/or during the production of the Program and any your Personal Data and/or your Sensitive Personal Data
4.3 For the purposes of the Organic Act 15/1999, December 13, Protection of Personal Data, as amended you hereby agree and give your consent to the holding and processing of Your Information in any form (whether obtained or held in writing, electronically or otherwise) by us and any third parties authorized by us, and Hitsbook, S.L. (Calle Sevilla 73,04600 Huercal - Overa, Almeria, Spain), for the purposes to manage the casting of the Program, its development, production, promotion, exploitation and transmission of the Program and such consent includes, but is not limited to, use by us of Your Information as follows:
4.3.1 to assess whether or not to select you for the Program;
4.3.2 to deal with any questions or complaints arising in relation to the Program;
4.3.3 to share with professional advisors and/or the Broadcaster and/or within the Secuoya group of companies and/or Nexar Group AB and/or the Record Company and/or the music publishers (as elected by the Record Company) and/or the management company (as elected by the Record Company) if we need to for any of the above purposes;
4.3.4 to prepare, or to have prepared, the Music Agreements and the arrangements related to the subject matter of the Music Agreements;
4.3.5 to verify your age, identity and other information as we may require for the production and exploitation of the Program;
4.3.6 to carry out background checks with data handling agencies, law enforcement and government agencies; and
4.3.7 providing to the Record Company with copies of any Previous Artist Agreements and/or Commercial Agreements which you supply to us.
4.4 Thus, the requested personal data will be included in a computer file called “Contests” property of Secuoya for the purpose described in the previous paragraph; the refusal to provide such information will result in the inability to participate. The participant may exercise his/her right of access, opposition, correction or cancellation, directing such request in writing to Secuoya at the address: Gran Vía de Colón 12, 3 B, (18010) Granada.
4.5 We (and/or other group companies) will only contact you about future series of the Program and other shows produced by us or by another company within the Secuoya group of companies if you have specifically consented under the section of the Application headed “Future Contact”. If you do not consent to this future use of Your Information and you are not selected to participate in the Program Your Information will be securely destroyed once the Program selection process has been completed.
4.6 You have the right of access to Your Information. If you decide that, other than as such parts of Your Information may have already been incorporated into the Program, you no longer want us to hold, use or process all or any part of Your Information or you want to update your contact details please contact us using the contact details set out in the Application Form.
5. CONFIDENTIALITY
You shall keep confidential and shall not disclose or publish to any person, media outlet, internet site or social media platform (including without limitation YouTube, Facebook, Twitter and/or Instagram) any information, photographs or other material relating to your application, your potential involvement with the Program, the Program itself or other participants in the Program, without our prior written approval, apart from any matters already in the public domain (other than by way of your breach of this Clause).
6. MISCELLANEOUS
6.1 We may amend, change or revise the Terms and Conditions at any time in our absolute discretion.
6.2 Should there be a dispute regarding your participation in the Program our decision on this dispute shall be final.
6.3 You agree that we may freely assign or licence the Application Form (including the Terms and Conditions).
6.4 The Application Form and any non-contractual obligations arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of Spain and each party irrevocably submits to the exclusive jurisdiction of the courts of the city of Madrid (Spain) to settle any dispute or claim that arises out of or in connection with the Application Form or its subject matter.
APPLICATION FORM
Do you aim to fame? If you are 18 or over and a good solo singer (whatever your musical style) this is your chance to start your career. Show us what you are capable of! Apply now!!
Ten contestants shall be selected from all the auditions. Eight of them will go direct into Aim2fame. Two will remain as a reserve/alternate.
You are applying for the Nexar’s program provisionally entitled “Aim2fame” (the "Program") which Secuoya Contenidos, S.L. (together "we", "us", "our") intends (but does not undertake) to produce for initial transmission on Aim2frame channel in Hitsbook (the "Broadcaster").
To apply, you must timely upload just one 1-minute a cappella video performance of your own that shows both your personality and talent (no singbacks/playbacks, but If you can play an instrument you may add it) and meet the next eligibility requirements.
Application Closing date: July 31st, 23.59 CET of 2017.
Eligibility Requirements
- You must be at least 18 (eighteen) years old on or before June 1st, 2017, and I have the full, complete and unrestricted right and authority to enter into agreements.
- You must speak fluent English.
- You must be able to demonstrate to our satisfaction that, as long as the Program is produced,:
- You have the legal right to travel to and to live in Spain;
- You are entitled to work in Spain.
You may not participate in the Program if your participation would create impropriety or the appearance of impropriety. In making this determination, Secuoya and Nexar will consider whether:
- You are currently employed by us or the Broadcaster, nor have been previously employed by us, any of the Secuoya’s or Nexar’s groups of companies or the Broadcaster;
- You are currently a live-in partner or immediate relative (for example, mother, father, son, daughter, brother or sister) of an employee of ours or the Broadcaster or any of the Secuoya’s or Nexar’s groups of companies.
If you are formally selected as one of the final ten (10) contestants for the Program, you must be able to enter into freely without restriction option agreements with the following third parties which if exercised by that party would commit you to the following legally binding agreements:
- With a record company (or its designee) designated by us (the “Record Company”):
(i) an exclusive worldwide recording agreement for your recording services ("Recording Agreement");
(ii) a music publishing agreement if you are not already in a pre-existing bona fide music publishing agreement which is in written form; and
(iii) a merchandising/sponsorship agreement; management/agency agreement(s) with companies designated by us (which may include entering into more than one management/agency agreement to cover different activities (including without limitation, personal appearances) as shall be designated by us (“New Management Agreement(s)”) if you are not already in a pre-existing bona fide exclusive management/agency agreement which is in written form and dated at least 3 (three) months prior to the date you sign a Short Form Music Agreement (as defined below) (“Pre-Existing Management Agreement”). You agree that if you do have a pre-existing management/agency agreement which is not in written form and/or dated less than 3 (three) months prior to the date you sign a Short Form Music Agreement that such agreement may not be deemed to be a valid Pre-Existing Management Agreement and you shall enter into the New Management Agreement which shall supersede such pre-existing management/agency agreement, however, we shall be entitled to exercise our discretion in this regard; and
a ‘Aim2fame’ touring agreement with a company designated by us.
(together the “Music Agreements”)
You agree to sign a short form version of the Music Agreements (the “Short Form Music Agreement”) at the same time you sign a Participant Agreement (as defined in the Terms and Conditions). Should you reach any of the stages of the Program (as specified by us) on our request, you agree to sign a series of long form versions of the Music Agreements (“Long Form Music Agreements”).
You acknowledge that you may not be eligible for the Program if you are professionally associated with the Program in any way and such association would, in our sole opinion, create an unfair advantage against other participants in the Program or otherwise affect, in any manner whatsoever, our goodwill or the reputation or the Program.
(The foregoing shall be collectively referred to as the “Eligibility Requirements”).
For technical support please contact us at manager@aim2fame.com
Please read this application form, including the terms and conditions, very carefully before completing it and ensure that you understand and agree to all of them before submitting your application.
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(1) Participants uploading more than one video will be disqualified.
(2) We will only contact acts that are moving on to the next round. Entries that do not meet all or any these requirements will be automatically disqualified, even if they are the resulting winners.
(3) We may extend the closing date and time at our discretion without notice.
(4) We reserve the right to amend, revise or change the foregoing eligibility requirements at any time and in any fashion to our sole discretion.
(5) If the legal age in your country is over 18 (eighteen) years old and you apply, you will need to be legally emancipated and/or your parent/legal guardian must confirm your circumstances and submit all the legal documents we will ask of you on your behalf. Be sure they agree before submitting your application.
(6) If you are selected as a contestant, you must be willing to travel to and reside at one or more undisclosed locations in Spain for several weeks at any time in summer/autumn 2017 (or as otherwise scheduled by Secuoya).
(7) If your right to live and work in Spain is only temporary it must be valid until and including from September, 1st to November 15th, 2017. If it is not, you agree to inform us immediately. We shall be entitled to exercise our discretion on the matter in deciding whether or not to include you in the selection process for the Program. Failure to inform us may result in your disqualification from the selection process for the Program.
