InterContinental Music Awards (ICMA) Terms and Conditions
InterContinental Music Awards (ICMA) runs and operates by Extreme Tune LLC in California, USA.
Relationship : Every participant hereby acknowledges and agrees that the relationship with ICMA is not a confidential, fiduciary, or other special relationship, and that participant’s decision to provide a submission does not place ICMA or any of its business partners and sponsors in a position that is any different from the position held by members of the general public. Songwriters retain any and all ownership rights in and to the submitted songs, and ICMA shall not be deemed to be the owner of these songs under these Terms and Conditions. Moreover ICMA reserves the right to cancel or postpone the contest in the event of a virus, due to technical difficulties, fraud, tampering or unauthorized intervention. On a case by case scenario ICMA may disqualify any participants found to be involved with such tampering or providing incorrect information during the submission process.
Copyright: By entering the contest, participants acknowledge and agree that ICMA doesn’t have or will have any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright of the submitted song.
License: Each participant will grant ICMA and its business partners and sponsors the non-exclusive, worldwide, perpetual, irrevocable, fully paid up and royalty-free, sub-licensable, transferable right to exploit the copyright, solely for programming, advertising, publicity, promotional and any other non-commercial purposes, in the recording and the underlying composition thereto and any and all ancillary and subsidiary rights therein in any media now known or hereafter developed, with respect to the songs submitted, including without limitation the right to edit, publish, use, adapt, exploit, perform, modify, copy, disseminate or dispose of any submitted song, the compositions embodied therein or any elements thereof (including the names and likenesses of any individuals and any property embodied therein), online (including, without limitation, other sites owned by ICMA and third party websites), in print, film, television, or in any other media now known or hereafter devised, worldwide in perpetuity, without compensation, without payment of residuals, costs or fees, and without permission or notification to songwriter (including all band and/or group members, if applicable) or any third party of any kind, unless otherwise specified by ICMA, except as prohibited by law.
Privacy: For the purpose of administering the awards and , ICMA will collect personal data (name, mailing address, email address). ICMA may reserve the right to disqualify candidates that do not provide this mandatory data for registration. ICMA and business partners/sponsors will treat this data securely in accordance with the US laws. Payment related information is however handled and endorsed by a trusted third party in compliance with existing laws.
Publicity: Through the award ICMA reserves the right to use participant’s names, likenesses, voices, performances, award received, photographs, statements and biographical information (all at ICMA’s discretion) for future advertising, publicity and other purposes relating to this award in any and all media now or hereafter devised throughout the world in perpetuity, without additional compensation, notification or permission.
Liability: By entering the award process, participants agrees to release and hold harmless the ICMA and business partners and sponsors from all claims, liability or damage caused or claimed to be caused, in whole or in part, directly or indirectly, in connection with participation in this award, or acceptance or use of any award, the administration of the award, the operation of any website (including the Website) or Third Parties use’ of any of the rights granted herein (including, but not limited to, any claims arising out of the use of third party content and any claims of copyright infringement). ICMA is not liable for technical difficulties, any errors or malfunctions occurring as part of processing, judging or voting of submitted songs, the tabulation and processing of votes, or deletion of any submissions. ICMA may reserve the right to extend deadlines, in order to address any technical problems.
Arbitration: Every participant in this award agrees that any and all disputes and causes of action arising out of or connected with this award, or any opportunities provided, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the Songwriter; the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and judgment upon such arbitration award may be entered in any court having jurisdiction. No participant will be allowed to obtain awards for, and each participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with participating in this award), and participant further waives all rights to have damages multiplied or increased.
Disputes: Except where prohibited by law, Songwriters agree that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any award provided shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California, USA. Any issues related to terms and conditions provided here will be governed by the laws of California, therefore excluding any other choice of jurisdiction.
PUBLICITY RELEASE: Participation in this Contest constitutes permission (except where prohibited by law) to use Songwriter’s names, likenesses, voices, performances, award received, photographs, statements and biographical information (all at NSAI’s discretion) for future advertising, publicity and other purposes relating to this Contest in any and all media now or hereafter devised throughout the world in perpetuity, without additional compensation, notification or permission.