1. TERMS AND CONDITIONS
The following information forms part of the terms and conditions for the APRA AMCOS Music Sponsorship program (APRA AMCOS Music Sponsorship). By applying for APRA AMCOS Music Sponsorship, applicants agree to be bound by these terms and conditions.
The organiser of the APRA AMCOS Music Sponsorship is APRA New Zealand Ltd (NZBN 9429036528578) of Unit 113, 23 Edwin Street, Auckland 1024, NEW ZEALAND (Organiser).
3. APRA AMCOS Music Sponsorship PERIOD
Applications open March and close 31st May annually (Application Period). Postal applications received by the Organiser after 31st May must be postmarked no later than 31st May. Late applications will not be accepted without the prior agreement of the Organiser.
Additional information or material can be submitted to support an already submitted application until 30 June. Applicants should note that any such material will not be returned.
Applications for an APRA AMCOS Music Sponsorship may only be made by organisations or on behalf of projects whose primary aim is to promote the “use” or “recognition” of New Zealand or Australian musical compositions, not recordings or recording artists.
“Use” includes broadcasts, recordings, communications to the public or other activities that increase the commercial circulation or public awareness of New Zealand or Australian compositions.
“Recognition” may relate to awards or other forms of public acclaim for New Zealand or Australian compositions.
The use or recognition may be within New Zealand or Australia or in foreign countries.
In order to be eligible for the APRA AMCOS Music Sponsorship , applicants must comply with these terms and conditions.
Employees of the Organiser (and members of their immediate families) are ineligible to apply.
APRA AMCOS Music Sponsorship are not available for the funding of costs associated with recording, marketing or touring of individual projects such as bands, recording acts or songwriters.
5. APPLICATION CRITERIA AND SPONSORSHIP CATEGORIES
Applications will be assessed having regard to the following Application Criteria:
- Preference will be given, in providing sponsorship, to organisations or projects that broadly benefit the interests of New Zealand or Australian composers and songwriters, as opposed to those that benefit an individual writer or small number of writers.
- Preference will be given to applicants who can demonstrate a proven ability to plan and execute projects, or establish and maintain organisations, that benefit New Zealand and Australian music.
- Preference will be given to those organisations or projects that are non-profit in nature, although commercial projects are not excluded from eligibility.
- Projects or organisations that fail to comply with financial reporting or other performance review requirements (including Acquittal Reports) will be ineligible for further Sponsorship.
- Sponsorship or other financial contributions from third parties to a project or organisation applying will be considered an advantage in assessing an application. APRA AMCOS Music Sponsorship are not intended to be the leading sponsor of any event, program or initiative.
- Although the funding is intended to apply to projects or organisations seeking Sponsorship, consideration will be given to those projects for which underwriting finance is sought
Applicants may make multiple applications for an APRA AMCOS Music Sponsorship provided that each application is in respect of a different project and each application is made on a separate application form.
In respect of each application, applicants can seek funding for any ONE of the following Sponsorship Categories:
- Awards and Recognition: includes special events.
- Industry Partner: includes key organisations, peak music organisations special projects and festivals.
- Career Development: includes APRA AMCOS branded events such as Songwriter Speaks, mentoring and craft development.
- Core funding: includes peak music organisations (not special projects), peak songwriting associations. Applications for this category should first be discussed with and approved by the Organiser
(a) The application is available for download from the APRA AMCOS website, via apraamcos.smartygrants.com.au or can be requested by email to [email protected];
(b) The form must be properly completed, including information about the organisation or project, aims and objectives of the organisation or project, a detailed budget outlining how the applicant, if successful, intends to use the APRA AMCOS Music Sponsorship and any supporting documentation that may be necessary;
(c) The completed Application Form must be sent by:
(i) email to [email protected] (preferred); or
(ii) post to Music Sponsorship , APRA AMCOS, PO Box 6315, Auckland 1141.
It is the applicant’s responsibility to ensure that the details provided on the Application Form are accurate and legible and that all sections of the Application Form are complete. The Organiser is not responsible for incorrect, inaccurate, illegible, late, damaged, or undelivered applications. Any false information provided as part of an application will result in the automatic disqualification of that applicant.
7. SPONSORSHIP ASSESSMENT
Valid applications received during the Application Period will be assessed by the Organiser on their respective merits in accordance with the Application Criteria during July and August.
Sponsorship will be given to successful applicants (Sponsorship Recipients) who best satisfy the Application Criteria. Not all applications that meet the Application Criteria will receive a Sponsorship.
The APRA AMCOS Board’s decision is final. Applicants may request to discuss the outcome with the Organiser, however APRA is not required to provide Applicants with reasons for the outcome. No decision made by the APRA AMCOS Board will be reviewed.
8. NOTIFICATION OF SPONSORSHIP RECIPIENTS
The Organiser will notify all Sponsorship Recipients by 30th August. Sponsorship Recipients will be contacted by email, post or telephone by that date using the contact details provided on the Application Form. The names of the Sponsorship Recipients may appear on the APRA AMCOS website at apraamcos.co.nz/about-us/supporting-the-music-industry/Music Sponsorship /. The Organiser will not be held liable for any unforeseen delays in the application assessment process.
9. SPONSORSHIP CONDITIONS
It is a condition of accepting an APRA AMCOS Music Sponsorship that the Sponsorship Recipient will use the Sponsorship in accordance with the information provided to the Organiser in the Sponsorship Recipient’s completed Application Form unless otherwise agreed by the Organiser.
In accepting a Sponsorship, all Sponsorship Recipients must comply with APRA AMCOS licensing conditions including APRA AMCOS licensing for all events such as festivals and showcases. Sponsorship may not be used to pay APRA AMCOS licence fees.
Each Sponsorship Recipient’s entitlement to the Sponsorship is subject to the following:
(a) Each Sponsorship (or any part thereof) is not transferable or exchangeable. The Organiser is not liable in any way if a Sponsorship Recipient cannot receive, accept or use any element of a Sponsorship for any reason. A Sponsorship (or any part thereof) may be cancelled at the Organiser’s discretion if a Sponsorship Recipient attempts to transfer it.
(b) The Organiser will not cover any additional or associated costs in connection with each Sponsorship Recipient’s use of a Sponsorship other than those expressly stipulated above or on the APRA AMCOS Music Sponsorship Application Form. Any taxes payable in relation to sponsorship are the sole responsibility of the Sponsorship Recipient.
(c) Any Sponsorship Recipient that conducts a competition funded wholly or in part by an APRA AMCOS Music Sponsorship must provide a copy of the terms and conditions for that competition to the Organiser, and it is the Sponsorship Recipient’s responsibility to ensure that the competition complies with any applicable rules and regulations.
(d) The Organiser reserves the right, at its absolute discretion, at any time, to vary, withdraw, postpone or cancel the APRA AMCOS Music Sponsorship , including without limitation, in circumstances where it cannot conduct the APRA AMCOS Music Sponsorship program or award any part of a Sponsorship for any reason beyond its control.
(e) In the event that the Organiser postpones or varies the APRA AMCOS Music Sponsorship program or any part of a Sponsorship, the Organiser (and any party associated with the APRA AMCOS Music Sponsorship ) shall not be liable to any person for 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 APRA AMCOS Music Sponsorship (or part thereof). Nor will the Organiser or other party be liable for any loss, damage, payment or expense 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) or personal injury or other damage suffered or sustained as a result of the application for, assessment, running, cancellation or acceptance, enjoyment or use of the APRA AMCOS Music Sponsorship or a Sponsorship (or part thereof) except for any liability that cannot be excluded by law.
(f) Organiser reserves the right to amend a Sponsorship at its discretion without notice to applicants.
If the Sponsorship Recipient does not comply with these terms and conditions, the Organiser, at its sole discretion may:
(i)end this agreement immediately;
(ii) require the Sponsorship Recipient return all or part of the Sponsorship; and/or
(iii) stop any future payments.
10. HARASSMENT DECLARATION
Any Sponsorship Recipient funded wholly or in part by an APRA AMCOS Music Sponsorship is committed to ensuring the health and safety of the participants in projects, including a zero tolerance for any form of sexual harassment in the delivery of the project.
Under the Human Rights Act 1990 it is against the law for a person to sexually harass another person. Some forms of sexual harassment, including sexual assault and indecent exposure, are also crimes and will be reported to the police.
Any Sponsorship Recipient and project participant will ensure that timely, fair and appropriate action will be taken to address any complaints of sexual harassment. Victimisation of any participant who raises a complaint is unlawful.
Any Sponsorship Recipient and project participant has a responsibility to promote appropriate standards of behaviour at all times. This includes during work hours while working on the project and out-of-hours while attending work-related functions. Participants can be personally liable for engaging in sexual harassment.
Sexual harassment is:
- Any unwanted, unwelcome or uninvited behaviour of a sexual nature, which makes a person feel offended, humiliated or intimidated.
- Includes staring or leering, unnecessary familiarity, such as deliberately brushing up against or unwelcome touching, suggestive comments or jokes, insults or taunts of a sexual nature, intrusive questions or statements about your private life, displaying posters, magazines or screen savers of a sexual nature, sending sexually explicit emails or text messages, inappropriate advances on social networking sites, accessing sexually explicit internet sites, requests for sex or repeated unwanted requests to go out on dates.
- Behaviour that may also be considered to be an offence under criminal law, such as physical assault, indecent exposure, sexual assault, stalking or obscene communications.
- Behaviour of a sexual nature which you agree or consent to, such as flirting, is not sexual harassment. If the interaction is consensual, welcome and reciprocated it is not sexual harassment.
11. PAYMENT OF SPONSORSHIP TO SUCCESSFUL APPLICANTS
It is a condition of accepting an APRA AMCOS Music Sponsorship that the Sponsorship Recipient submits to the Organiser an invoice for the amount of the Sponsorship prior to 30 June (the following year). A Sponsorship Recipient who does not accept any part of a Sponsorship (by submitting an invoice to the Organiser) by 30 June, will need to reapply for the Sponsorship in the next Sponsorship cycle.
Sponsorship Recipients who reapply will not necessarily be awarded a subsequent Sponsorship.
In the event that the total project costs are in excess of the proposed projects costs as set out in the Sponsorship Recipient’s completed Application Form, the Organiser will not be responsible or obliged to pay any additional amounts other than the initial APRA AMCOS Music Sponsorship amount.
Payment of the Sponsorship may be provided to a Sponsorship Recipient in full or via a schedule of payments, at the Organiser’s discretion.
The Organiser may recover any, or all, of the Sponsorship if any of the following occurs:
(a) the Sponsorship Recipient has closed down its business (unless the business is replaced by another business operated by the Sponsorship Recipient that can carry out the funded project and the organiser has provided written approval);
(b) the Sponsorship Recipient has made substantive changes to the project without receiving prior permission of the Organiser;
(c) the Sponsorship Recipient has used the Sponsorship for anything other than the project;
(d) the Sponsorship Recipient does not follow the Organiser’s reasonable instructions
(e) the Sponsorship Recipient does not carry out the project with reasonable care, thoroughness, competence and to a standard that would be expected for the Sponsorship Recipient’s level of experience in its artistic practice, profession or line of work;
(f) the Sponsorship Recipient does not complete the project in accordance with the timeframe stipulated on the completed APRA AMCOS Music Sponsorship Application Form;
(g) the Sponsorship Recipient has supplied the Organiser with information that is false or misleading, either in error or because the Sponsorship Recipient was trying to mislead;
(h) the Sponsorship Recipient is declared bankrupt or becomes insolvent, any order is made, or resolution is passed, for the Sponsorship Recipient to go into administration, be wound up or dissolved; an administrator or other receiver, manager, liquidator, trustee or similar officer is appointed over all or a considerable amount of the Sponsorship Recipient’s assets; or the Sponsorship Recipient enters into or proposes any arrangement with the people to whom the Sponsorship Recipient owes money;
(i) the Sponsorship Recipient acts illegally or negligently at any time, and the Organiser believes it has significantly affected the project, or is likely to harm the Organiser’s reputation; or
(j) the Sponsorship Recipient sells or in some other way transfers the Sponsorship, the Sponsorship Recipient’s business or the Project without first obtaining the Organiser’s approval in writing.
12. SPONSORSHIP VARIATIONS
If, at any time, the stated purpose of the project is no longer possible and cannot be completed in the manner described in the Sponsorship Recipient’s completed Application Form, the Sponsorship Recipient must advise the Organiser of the inability to complete the stated purpose and discuss alternative options.
Requests for variations to details of the Sponsorship by the Sponsorship Recipient can be made in relation to any aspect of the Sponsorship. Requests for variations must be submitted for consideration in writing by email to [email protected]. Such requests should be made no less than one month prior to the original expected start date of a project. Variations to any aspect of a Sponsorship are at the sole and absolute discretion of the Organiser.
13. ACQUITTAL REPORT
The Sponsorship Recipient must maintain complete, accurate and up-to-date books of account with respect to all financial matters relating to the APRA AMCOS Music Sponsorship.
It is a condition of accepting a Sponsorship that Sponsorship Recipients submit an acquittal report to the Organiser 2 calendar months after completion of the relevant project, or before 31 May (the following year), whichever is earlier.
The acquittal report must detail the way in which the Sponsorship was spent by the Sponsorship Recipient including any deviations from the planned budget that was submitted at the time of applying for the Sponsorship. Acquittal Forms are available at
www.apraamcos.co.nz or by request by email at [email protected]. Failure to submit an Acquittal Form to the Organiser will affect any future applications for sponsorship for that Sponsorship Recipient.
14. WARRANTIES AND REPRESENTATIONS
Applicants warrant and represent that:
(a) they are entitled to apply for an APRA AMCOS Music Sponsorship on behalf of their organisation or project;
(b) all information they provide to the Organiser is accurate;
(c) they have read these Terms and Conditions and that they meet all the eligibility requirements to participate;
(d) if successful, the applicant will use the Sponsorship in accordance with the information provided to the Organiser in the completed Application Form unless otherwise agreed by the Organiser;
(e) if successful, the applicant will use the Sponsorship according to law, including copyright laws.
15. PRIVACY AND RELEASES
Applicants agree that, as a condition of their application being considered for an APRA AMCOS Music Sponsorship , they:
(a) release the Organiser and its employees, directors, officers, subsidiaries, affiliates, promotional agents, and the APRA AMCOS Board from any and all liability, claims, or actions in connection with their application in the APRA AMCOS Music Sponsorship ;
(b) agree that their name, photos, likeness or statements may be publicised, published, communicated, or used at or in connection with the APRA AMCOS Music Sponsorship program, without compensation, by the Organiser, in any Organiser or Organiser-partner media or publication, including internet sites, press releases, Organiser conferences or award shows, and for distribution by the Organiser to media organisations or any third party requesting such materials in connection with the Organiser or the APRA AMCOS Music Sponsorship ; and
The Organiser is not liable for any loss, damage and/or personal injury suffered or sustained in connection with, or as a result of, the APRA AMCOS Music Sponsorship program, the use of the APRA AMCOS Music Sponsorship , or participation in a project.
The Sponsorship Recipient agrees to indemnify (and keep indemnified) the Organiser (and any of its officers, employees and agents) against any loss, liability, injury or death incurred by the Organiser (including any loss or damage to the Organiser’s property, or loss or expense incurred by the Organiser in dealing with any claim against the Organiser) arising from any acts, omissions and/or negligence of the Sponsorship Recipient, or the Sponsorship Recipient’s employees or agents in connection with the APRA AMCOS Music Sponsorship program.
16. JURISDICTION AND CHOICE OF LAW
The APRA AMCOS Music Sponsorship and these terms and conditions shall be governed by and construed in accordance with the laws of New Zealand and all applicants irrevocably and unconditionally consent to the exclusive jurisdiction of the courts of New Zealand.
By applying for an APRA AMCOS Music Sponsorship you agree to the terms and conditions as listed above.