A. General
1. The matters in Terms and Conditions set out below and those set out in the Terms of Use in the web-site of “Songs of Campus” are binding and shall be applicable to all participants of this Competition.
2. Any participant who is not 18 years of age and above must obtained (and be able to provide written confirmation when required to do so) proper parental / guardian’s consent to participate in the competition. The participant’s reference age would be according to the actual age (based on the date-of–birth) at the time of entering the Competition and submission of works to the Competition. Any breach of this term shall be deemed as a breach of condition and/or a fundamental breach of this Agreement by the person making the submission.
3. All registrations / submission for this Competition must be carried out on-line at the web-site provided and no other modes of registration / submission would be entered.
4. The participant(s) in the Competition must not be part of the immediate family member of any of the Members of the Organizing Committee and/or Judges in the Competition.
B. Publishing and Performance Rights
1. All works submitted must be new and further previously unpublished and unperformed work, and the participant submitting the work must be the sole copyright and intellectual property owner of such work submitted. Composers and lyricists of new, previously unpublished or unperformed works (which are not attached to existing contractual obligations) are to abide by all the terms and conditions set out in this Annex. In the event of any dispute, these terms and conditions shall be subject to, governed by and interpreted in accordance with the laws of the Republic of Singapore.
2. The participant who submitted the song(s), lyrics, composition and/or scores in the Competition agrees with People’s Association and persons or entities authorised by it and People’s Association’s partners / sponsors in the Competition that the copyright and all other intellectual property rights of whatever nature in the song(s), lyrics, composition and/or scores and documentation / material (whether softcopy or otherwise) relating to the said song(s), lyrics, composition and/or scores submitted in the Competition shall pass fully and absolutely to the People’s Association in the event that such submission(s) has been awarded any or any prizes in the competition. In such case(s), the said participant(s), composer and the lyricist making the submission(s) whereby prize(s) has been awarded undertakes to fully and absolutely assign and transfer such right(s), title and interest in and to the copyright of song(s), lyrics, composition and/or scores according to this Agreement to the People’s Association and provide the necessary documents and information in respect of the same.
3. For the avoidance of any doubt, by submitting the song(s), lyrics, composition and/or scores in the Competition, whether or not any or any prize(s) have been awarded, the participant also unconditionally (with no right to any payment) grants to People’s Association the full rights (whether the submission is awarded with any prize or otherwise) and all necessary worldwide licence and permission to sub-license, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, adapt and/or reformat the submission (in any manner at the sole and absolute discretion of the People’s Association and/or its authorised associates, partners, affiliated companies and/or necessary sub-licensees to be used in public, privately or otherwise) and not to give any acknowledgement in connection with the submission.
4. Further, the participant(s) also agrees that in the event that all or any part of the song(s), lyrics, composition and/or scores submitted in the Competition (whether the submission is awarded with any prize or otherwise) has been so sub-licensed, copied, distributed, transmitted, publicly displayed, publicly performed, reproduced, edited, translated, adapted and/or reformatted by People’s Association and/or its authorised associates, partners, affiliated companies and/or necessary sub-licensees to be used in public, privately or otherwise, the participant shall not be entitled to any royalties and/or payments and/or remuneration and/or reimbursement for all or such part of the song(s), lyrics, composition and/or scores so affected.
5. All participant(s) further unconditionally undertakes to take all measures to ensure that the song(s), lyrics, composition and/or scores submitted in the Competition (whether or not any or any prize(s) have been awarded) would not be performed (in any way and/or medium) in the public domain and/or be available in the public domain before the conclusion of the Competition and the presentation of the prizes to the award recipient(s). Thereafter, in the case whereby the intellectual property in the song(s), lyrics, composition and/or scores submitted are passed / assigned / transferred to People’s Association (i.e. where the submission has been selected for any or any prize in the Competition), the participant(s) who made the submission must ensure that the song(s), lyrics, composition and/or scores submitted in the Competition would not be performed (in any way and/or medium) by the participant (and/or his agent, servant and/or representative and/or any other person(s) which the participant has control over) in the public domain and/or be available in the public domain without the written permission of People’s Association.
6. Subjected to the terms and conditions set out above and also in the Terms of Use in the web-site of “Songs of Campus”, the People’s Association and persons or entities authorised by it further also reserve the right to revise and rearrange any or any entry / any song(s), lyrics, composition and/or scores submitted.
7. The People’s Association and persons or entities authorised by it reserve the right to record and publish all or part of the proceedings of the Competition and related activities for broadcast and promotional purposes without the participants’ consent or any payment to the participants. The People’s Association and persons or entities authorised by it retain the rights to any material recorded as part of this process.
8. Participants are not to arrange for any photography, audio or video recordings during any part of the competition and activities related to the competition.
9. The People’s Association and persons or entities authorised by it will set the guidelines on the usage of the song(s) selected in the Competition.
C. Grant and Exercise of Rights; Delivery of Work
Subjected to this Agreement, the participant(s), composer and lyricist of the submitted songs which has been selected for any prize undertakes to grant to the People’s Association and persons or entities authorised by it (if so required by People’s Association):
1. the sole and exclusive right to perform the song(s) submitted (whether or not such song(s) are the selected entries and the songs that won prizes in the Competition or otherwise) in the public in any part of the world;
2. the sole and exclusive right to make sound recordings, films, videograms and any other electrical, mechanical and/or other recordings of or incorporating the song(s) submitted (whether or not such song(s) are the selected entries and the songs that won prizes in the Competition or otherwise) in any media in any part of the world;
3. the exclusive right to reproduce, sell, license or otherwise exploit the sound recordings, films, videograms and other recordings as mentioned in paragraph 2 above, in any part of the world; and
4. the exclusive right to assign the copyright of the song(s) submitted (whether or not such song(s) are the selected entries and the songs that won prizes in the Competition or otherwise) to any other person or organisation.
In any or all of the above-mentioned situations, the participant(s), composer and lyricist of the songs which has been selected for any prize would not be entitled to any royalties and/or payments and/or remuneration and/or reimbursement for all or such part of the song(s), lyrics, composition and/or scores so affected.
5. For the avoidance of doubt, it is hereby acknowledged and agreed that the participant(s), composer and lyricist of the song(s) submitted (where such song(s) is the selected entry and/or is a song that won at least a prize in the Competition or otherwise) shall not without the written consent and approval (and if such consent / approval is given, People’s Association would be entitled to impose other terms and conditions as People’s Association in its absolute discretion deems just) in any way (whether expressly or implicitly) allows any other party:
a. the right to perform the song(s) submitted (whether or not such song(s) are the selected entries and the songs that won prizes in the Competition or otherwise) in the public in any part of the world;
b. the right to make the first sound recordings, films, videograms and any other electrical, mechanical or other recordings of or incorporating the songs submitted (whether or not such song(s) are the selected entries and the songs that won prizes in the Competition or otherwise)on any medium in any part of the world; and
c. the right to reproduce, sell, license or otherwise exploit the sound recordings, films, videograms and other recordings as mentioned in paragraph 2 above, in any part of the world.
D. Warranty and Indemnity
1. The participant(s), composer and lyricist of any song submitted undertakes and warrants that:
a. the composer and lyricist of the song(s) submitted (whether or not such song(s) are the selected entries and the songs that won prizes in the Competition or otherwise) is the sole composer(s) and owner(s) of the song(s) submitted (whether or not such song(s) are the selected entries and the songs that won prize(s) in the Competition or otherwise)which is wholly original to them;
b. the copyright in the song(s) submitted (whether or not such song(s) are the selected entries and the songs that won prizes in the Competition or otherwise) is valid and subsisting and has never been assigned or otherwise transferred, incumbered or otherwise affected by the participant(s), composer or the lyricist;
c. copyright in the song(s) submitted (whether or not such song(s) are the selected entries and the songs that won prizes in the Competition or otherwise) shall subsist or may be acquired in all countries of the world whose laws provide for copyright protection and that the participant(s), composer and lyricist of the song(s) submitted (whether or not such song(s) are the selected entries and the songs that won prizes in the Competition or otherwise) will not at any time after the date of this Agreement authorise or omit to do anything relating to the song(s) submitted (whether or not such song(s) are the selected entries and the songs that won prizes in the Competition or otherwise) whereby the subsistence of the copyright in the song(s) submitted (whether or not such song(s) are the selected entries and the songs that won prizes in the Competition or otherwise) may be destroyed or otherwise impaired;
d. the song(s) submitted (whether or not such song(s) are the selected entries and the songs that won prizes in the Competition or otherwise) contains nothing which is unlawful or which infringes the copyright or other rights or any third party and the exploitation of the song(s) submitted (whether or not such song(s) are the selected entries and the songs that won prizes in the Competition or otherwise) will not infringe the international property rights of any third party; and
e. the participant(s), composer and lyricist of the submitted entry have full power to enter into and perform this Agreement and to give the warranties and indemnity contained in this Agreement; and
f. the participant(s), composer and lyricist of the song(s) selected for at least a prize shall not reproduce the song(s) submitted in any other format or use the same title for another composition.
2. The participant(s), composer and lyricist of the song(s) submitted (whether or not such song(s) are the selected entries and the songs that won prizes in the Competition or otherwise) will keep the People’s Association and persons or entities authorised by it, and the organisers of the PA Songwriting fully indemnified against all losses, actions, liabilities, claims, proceedings, cost and damages arising out of any breach of the above warranties.
E. Copyright in Recordings
1. It is hereby acknowledged and agreed that the copyright in the sound recordings, films, videograms and other recordings as may be produced by the People’s Association and persons or entities authorised by it pursuant to the exercise of its rights under the terms of this Agreement shall vest in the People’s Association and persons or entities authorised by it, and the parties hereto agree to do all such things and to sign and execute all such documents and deeds as may reasonably be required to ensure that the aforesaid copyright vest in the People’s Association and persons or entities authorised by it.
2. For the avoidance of doubt, it is hereby acknowledged and agreed that the People’s Association and persons or entities authorised by it shall be solely and absolutely (to the full exclusion of the participant(s), composer or lyricist) entitled to all the proceeds as may be generated from the reproduction, sale, licence or exploitation of the sound recordings, films, videograms and other recordings as referred to in this Agreement and shall not be required to pay any fees or royalties to the participant(s), composer and lyricist of the song(s) submitted (whether or not such song(s) are the selected entries and the songs that won prizes in the Competition or otherwise)in respect of such reproduction, sale, licence or exploitation.