1. Terms and conditions
The following information forms part of the terms and conditions for the APRA AMCOS 2020-21 Music Grants program (APRA AMCOS Music Grants). By applying for APRA AMCOS Music Grants, applicants agree to be bound by these terms and conditions.
2. Organiser
The organiser of the APRA AMCOS Music Grants is Australasian Performing Right Association Ltd (ABN 42 000 016 099) of 16 Mountain Street, Ultimo, NSW, 2007, AUSTRALIA (Organiser).
3. APRA AMCOS Music Grants period
Applications open Thursday 25 June 2020 and close Friday 10 July 2020 (Application Period). Postal applications received by the Organiser must be postmarked no later than 10 July 2020. 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 10 July 2020. Applicants should note that any such material will not be returned.
4. Eligibility
Applications for an APRA AMCOS Music Grant may only be made by organisations or on behalf of projects whose primary aim is to promote the “use” or “recognition” of Australian or New Zealand 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 Australian or New Zealand compositions.
“Recognition” may relate to awards or other forms of public acclaim for Australian or New Zealand compositions.
The use or recognition may be within Australia or New Zealand or in foreign countries.
In order to be eligible for the APRA AMCOS Music Grants, 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 Grants 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 grant categories
Applications will be assessed having regard to the following Application Criteria:
Applicants may make multiple applications for an APRA AMCOS Music Grant 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 Grant Categories:
6. Applications
To apply:
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. Grant 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 2020.
Grants will be awarded to successful applicants (Grant Recipients) who best satisfy the Application Criteria. Not all applications that meet the Application Criteria will receive a grant.
The APRA AMCOS Board’s decision is final. Applicants may request to discuss the outcome with the Organiser, however APRA AMCOS is not required to provide Applicants with reasons for the outcome. Requests for feedback regarding the outcome must be received within 14 days of the applicant being advised their funding request was declined. No decision made by the APRA AMCOS Board will be reviewed.
8. Notification of grant recipients
The Organiser will notify all Grant Recipients by 30 August 2020. Grant 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 Grant Recipients may appear on the APRA AMCOS website. The Organiser will not be held liable for any unforeseen delays in the application assessment process.
9. Grant conditions
It is a condition of accepting an APRA AMCOS Music Grant that the Grant Recipient will use the grant in accordance with the information provided to the Organiser in the Grant Recipient’s completed Application Form unless otherwise agreed by the Organiser.
In accepting a grant, all Grant Recipients must comply with APRA AMCOS licensing conditions including APRA AMCOS licensing for all events such as festivals and showcases. Grants may not be used to pay APRA AMCOS licence fees.
Each Grant Recipient’s entitlement to the grant is subject to the following:
If the Grant Recipient does not comply with these terms and conditions, the Organiser, at its sole discretion may:
10. Harassment Declaration
Any Grant Recipient funded wholly or in part by an APRA AMCOS Music Grant 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 Sex Discrimination Act 1984 and state legislation 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 Grant 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 Grant 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:
11. Payment of Grant to successful applicants
It is a condition of accepting an APRA AMCOS Music Grant that the Grant Recipient signs and returns their Letter of Offer and submits to the Organiser their signed Letter Of Offer and an invoice for the amount of the grant within 60 days of receiving a Letter of Offer. A Grant Recipient who does not accept any part of a grant (by submitting an invoice to the Organiser) within 60 days of receiving a Letter of Offer, will need to reapply for the grant in the next grant cycle. Grant Recipients who reapply will not necessarily be awarded a subsequent grant.
In the event that the total project costs are in excess of the proposed projects costs as set out in the Grant 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 Grant amount.
Payment of the grant may be provided to a Grant Recipient in full or via a schedule of payments, at the Organiser’s discretion.
The Organiser may recover any, or all, of the grant, if any of the following occurs:
12. Grant 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 Grant Recipient’s completed Application Form, the Grant Recipient must advise the Organiser of the inability to complete the stated purpose and discuss alternative options.
Requests for variations to details of the grant by the Grant Recipient can be made in relation to any aspect of the grant. Requests for variations must be submitted for consideration in writing to the Music Grants Manager 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 grant are at the sole and absolute discretion of the Organiser.
13. Acquittal report
The Grant Recipient must maintain complete, accurate and up-to-date books of account with respect to all financial matters relating to the APRA AMCOS Music Grant.
It is a condition of accepting a grant that Grant Recipients submit an acquittal report to the Organiser within 60 days of completion of the relevant project, or before 31 May 2021, whichever is earlier.
The acquittal report must detail the way in which the grant was spent by the Grant Recipient including any deviations from the planned budget that was submitted at the time of applying for the grant. Acquittal Forms are available at www.apraamcos.co.nz or by request from the Music Grants Administrator by email at [email protected] Failure to submit an Acquittal Form to the Organiser will affect any future applications for grants for that Grant Recipient.
14. Warranties and representations
Applicants warrant and represent that:
15. Privacy and releases
Applicants agree that, as a condition of their application being considered for an APRA AMCOS Music Grant, they:
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 Grants program, the use of the APRA AMCOS Music Grant, or participation in a project.
The Grant 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 Grant Recipient, or the Grant Recipient’s employees or agents in connection with the APRA AMCOS Music Grants program.
16. Jurisdiction and choice of law
The APRA AMCOS Music Grants and these terms and conditions shall be governed by and construed in accordance with the laws of New South Wales and all applicants irrevocably and unconditionally consent to the exclusive jurisdiction of the state and federal courts of New South Wales.
By applying for the 2020-21 APRA AMCOS Music Grants you agree to the terms and conditions as listed above.