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2019 MANAGER OF THE YEAR AWARD

2019 TERMS AND CONDITIONS OF ENTRY

BY PARTICIPATING IN THE AWARDS, NOMINATORS AND NOMINEES AGREE TO THE TERMS AND CONDITIONS SET OUT BELOW

ELIGIBILITY

1.     Subject to the Category Criteria set out herein any individual aged 18 or over at the date of nomination and  who is either a) a New Zealand citizen (by birth or citizenship) or b) has been granted permanent residency in New Zealand, may be nominated for the Manager of the Year award (the “Award”) regardless of whether or not they are a member of the New Zealand Music Managers Forum (“MMF”) at the time of the nomination.  Proof of identity, citizenship or permanent residency and date of birth may be requested by the MMF for verification purposes and failure to comply with such a request by the MMF may result in the nomination being deemed invalid.

2. Nominations for the Award are open to all New Zealand managers and whether such managers are members of the MMF or not.

3.  Information on becoming an MMF member is available at www.mmf.co.nz

NOMINATION PROCESS

4..     Nominations for the Awards may be made by any individual, regardless of whether or not they are a member of the MMF (“Nominator”).

5.     The nomination period opens at 9am NZST Monday 20 May 2019 and closes at 5pm NZST Friday 28 June 2019. (“Nomination Period”).  Any nominations made outside of the Nomination Period may be accepted at the absolute discretion of MMF.

6.     By making a nomination, the Nominator is deemed to have accepted these Terms and Conditions.

7.     Once a nomination is received the nominee will be contacted by the MMF to provide further information and material in support of the nomination. Nominations must include any required supporting material requested by the MMF and may be deemed invalid if, in the sole and absolute discretion of the MMF, the nominator fails to supply the supporting material or any supporting material provided is, in the opinion of the MMF, inadequate in any way whatsoever.

8. Any nominee for the Award must provide approval to being nominated. Such approval must be submitted with the nomination in the form required by the MMF and the nominee’s approval to the nomination is deemed acceptance of these Terms and Conditions.

9.   Internet access is required to make a nomination. Any cost associated with accessing the online form/s is the Nominator’s responsibility and is dependent on the Internet service provider used by the Nominator.  MMF shall have no liability to the Nominator or any nominee as a result of any incorrect, inaccurate or incomplete information caused by a Nominator on transmission.  MMF is not responsible for any technical problems resulting from any Nominator’s sending or receiving of any communications or materials.

10.  Multiple nominations must be made separately.

11.  A Nominator may contact the MMF for guidance in relation to making a nomination and providing supporting material. The MMF contact for such purpose is Lorraine Owen at lorraine.owen@mmf.co.nz

12.  Incomplete, incomprehensible and illegible nominations may, in the MMF’s sole and absolute discretion, be deemed invalid.

13.  A Nominator agrees to take full responsibility for the content of their nomination and agrees to abide by these Terms and Conditions.

14.  In providing approval to be nominated, a nominee agrees to take full responsibility for any information and material the nominee provides to the MMF and abide by these Terms and Conditions.

15.  Nominees are responsible for ensuring that they meet eligibility requirements and criteria for the Award, the MMF has been provided with the nominee’s correct contact details and that the MMF is notified if the nominee’s contact details change prior to the date of the Award ceremony.

INTELLECTUAL PROPERTY & MATERIAL SUBMITTED TO THE MMF

16.  By consenting to a nomination, a nominee hereby warrants that it is the original author of or has the right to use any and all supporting material it submits to the MMF in respect of the nomination and that said supporting material does not and will not infringe any third party’s intellectual property and proprietary rights, including copyright, patent, trade mark, trade secret, design or any other rights of publicity or privacy nor will it contain any defamatory or obscene material.

SELECTION PROCESS

17.  Following the conclusion of the Nomination Period, the MMF will select at its sole and absolute discretion, a wide panel of judges with experience in the music industry including members of the MMF (“Judging Panel”).

18.  To ensure an unbiased and pressure free judging process the identities of the members of the Judging Panel will not be made public by the MMF.

19.  The Judging Panel will consider a nominee’s achievements over the eligibility period of 1 March 2018 - 31 May 2019 and will take into consideration the Award category criteria which form part of these Terms and Conditions and any other criteria which may be specified by the MMF in its absolute discretion from time to time.

20.  The nominee  may be contacted by the MMF and/or a member of the Judging Panel, if further information is required by the MMF and/or the Judging Panel to consider any nomination. Failure to participate in such further interview may, in the absolute discretion of MMF, result in the nominee being disqualified from consideration for the Award.

21.  The Judging Panel will make a shortlist of up to 20 nominees for the Award (“Award Shortlist”).

22. The Award Shortlist selected by the Judging Panel will be referred to a further specialist judging panel for final consideration (“Award Judges”). The Award Judges panel will comprise of expert representatives from the music industry selected by the MMF, including at the discretion of the MMF, members of the MMF. The Award Judges will choose three finalists, and the eventual winner for the Award. The decision is final and no correspondence will be entered into on the unfettered and absolute decision of the MMF.

GENERAL TERMS

23.  The MMF reserves the right at any point, in their absolute discretion, to disqualify, withdraw, or discount any nominations for the Award or disqualify any nominee if the MMF reasonably believes that:

  a)             the nominee does not meet the eligibility or Award category criteria requirements set out in these Terms and Conditions;

  b)            the nomination or supporting material provided by the Nominator or nominee is or may be fraudulent, misleading, deceptive, may be damaging to the reputation and good will of the Award or the MMF or otherwise violate these Terms and Conditions;

 c)              the nomination or supporting material provided by the Nominator or any nominee is or may, in the opinion of the MMF, contain objectionable content, profanity, potentially insulting or defamatory statements; or

 d)             there has been any unlawful or other improper misconduct calculated to jeopardize the fair and proper conduct of the Award including, but not limited to, tampering with the voting process.

24.  All information submitted or provided as part of the nomination for the Award remains confidential to the MMF,  the Judging Panel and Award Judges, and remains the property of the MMF.

25.  Whether a nominee meets the requirements of the selection criteria is at the sole and absolute discretion of the MMF.

DISPUTES

26.  No Nominator or nominee shall have the right to take dispute with the MMF with respect to the decision of the Judging Panel or Award Judges with respect to  the Award.  The Nominator and any nominee accept the final decision of the Judging Panel and Award Judges with respect to the Award and acknowledge and agree that entry of any nomination for the Award is acceptance of such final decision and hereby waive any right to dispute or otherwise take issue with such decision.

ANNOUNCEMENTS

27.  The Award winner will be announced at the VNZMA Artisan Awards ceremony on Monday 4th November 2019 at Massey University, Wellington.

28.  The finalists for the Award will be announced on a date and in the manner the MMF deems appropriate in the MMF’s sole discretion.

29.  The finalists for the Award will be additionally notified by the MMF that they have been shortlisted via email using the contact details provided to the MMF as part of the nomination. 

PUBLICITY

30.  The MMF acting reasonably may require the Award winner and/or nominees to take part in publicity events in connection with the Award.

31.  Nominators and nominees agree to the MMF’s use and right to reproduce, publish and edit the name, likeness and image of any nominee and the right to use, reproduce, publish and edit any other supporting material submitted by the Nominator or nominee to the MMF in relation to the Award for the purposes of publicity, promotion or news in relation to the MMF and/or the Award (including in relation to the Award and/or the MMF Awards in any future year) or as part of the Award ceremony.

PRIZES

32.  The Award winner will receive an official MMF award of achievement in recognition of the contributions to the music industry.

33.  The MMF may, in its sole discretion, choose to award prizes in addition to the Award (“Prizes”).

34.  Any Prizes that may be awarded with the Award will be as specified by the MMF in its sole discretion, provided that any such Prizes are subject to change at any time at the sole discretion of the MMF, no Prizes are able to be transferred, exchanged or redeemed for cash and are subject to any terms and conditions imposed by any supplier of the Prizes.

USE OF PERSONAL INFORMATION

35.  The MMF will hold and use all personal information submitted for the purposes of processing each nomination and administering the Award.

36.  The MMF may disclose Nominators’ and nominees’ personal information to its affiliates, contractors, employees (including volunteers), agents or professional advisors for the purpose of conducting and administering the Award, to communicate with Nominators or nominees in connection with the Award or to obtain professional advice in connection with the Award.

37.  The MMF may also disclose Nominators’ and nominees’ personal information to governmental authorities if required by law.  The MMF will not disclose any personal information to any other third parties not affiliated with the MMF or the Award.

38.  A member of the MMF or a member of the Judging Panel may contact the nominee (by telephone or email to verify or seek further information about the nomination and/or the nominee.

39.  The MMF may use the nominees’ contact details for the promotional purposes of the MMF.

40.  All nomination information and material submitted remains the property of the MMF and will not be returned unless previously arranged.

41.  Nominators and nominees may contact the MMF to access and, if required, correct their personal information submitted to the MMF as part of a nomination.

COSTS

42.   All Nominators and nominees are entirely responsible for their own costs in relation to any nomination made for the Award. The MMF will, solely with respect to the three finalists for the Award, pay for return travel for the finalists from the finalists  home city and one night’s accommodation in the city in which the Award ceremony is to be held. The departure time and date, mode and class of transport and the type, location and star rating of accommodation will be at the absolute discretion of the MMF.

VARIATION

43.  The MMF reserves the right to amend or alter these Terms and Conditions without prior notice including in respect of the category criteria for the Award, the withdrawal of the Award, and/or any title or Prizes offered in relation to the Award (if any), where in the reasonable opinion of the MMF it is in the interest of the MMF and/or the Award, and no liability shall attach to the MMF as a result of such amendment or alteration.

RIGHT OF CANCELLATION

44.  At its sole discretion the MMF reserves the right to postpone or cancel the Award for any reason whatsoever, and no liability shall attach to the MMF as a result of such postponement or cancellation.

MISCELLANEOUS TERMS

45.  The Award and Prizes (if any) are not transferrable or exchangeable and cannot be taken as cash.

46.  The MMF will not be liable for any loss or damage incurred by any nominee or Nominator or any third party arising out of or in relation to a nomination for or winning of the Award or in connection with any Prize awarded as part of the Awards

47.  By making or consenting to a nomination for the Award, Nominators and nominees agree to comply with these Terms and Conditions, the decisions of the MMF, the Judging Panel and Award Judges and will release, indemnity and hold harmless the MMF and its agents, representatives, employees and the Judging Panel and Award Judges from and against any injuries, losses, damages, claims, actions or liability of any kind resulting from or arising from participation in the Award or acceptance of the Award or any Prize awarded as part of the Award.

48.  The Award and the operation of this Agreement are governed by the laws of New Zealand.

49. The MMF will not be liable for any nominations that are lost, corrupted, delayed or fail to be received for any reason including electronic or computer malfunction or error, human or other error or inability to access the MMF website.

50.  The contact details of the MMF are New Zealand Music Managers Forum (cell: 021 372 711) PO Box 15 1105, New Lynn, Auckland 0640, New Zealand.

 RECORDED MUSIC MANAGER OF THE YEAR AWARD CATEGORY CRITERIA

1.     The Manager of the Year Award will be awarded to a manager for their outstanding work for the artist(s) they managed in the music industry during the period 1 March 2018 – 31 May 2019 (15 months).

2.     Subject to meeting the eligibility requirements set out in these Terms and Conditions, the Manager of the Year Award is open to:

a)     managers of all levels of experience; and

b)     self-managed artists of all areas of experience in the New Zealand music industry.

3.     For the purpose of the Award, a Manager shall mean any person, whether a sole trader, company (including any director or officer of such company), partnership (including any individual member of such partnership) or other legal entity (including any officers or trustees of such entity) that directly undertakes or oversees the conduct of any employee for the day to day management of an artist in the music industry.

4.     The nominee must provide evidence of their achievements as a manager of an artist or artists, or as a self-managed artist in the music industry during the period 1 March 2018 – 31 May 2019.