Can’t Get Enough of You Remix Competition
Overview of T&Cs
Hey! Welcome to the “Can’t Get Enough of You” Remix Competition! We’re excited to have you on board, and we’ve got some T&Cs below to make sure everyone’s on the same page. They’re here to keep things fair, clear, and fun for everyone involved. 🎶
In a nutshell, we’re offering the stems to Tom Mepham’s new single for you to remix, with some awesome prizes up for grabs. Everyone’s welcome to join, no matter where you’re from or how old you are. Just remember to respect Tom’s copyright and keep it all legal. We’ve got some useful info on royalties, AI usage, and submissions, so make sure you give it a read.
Enjoy the creative process and let’s make some amazing remixes together! 🎧🎉
Terms & Conditions
Introduction: The Can’t Get Enough of You Remix Competition is run by The Sound Fuse Limited, offering the stems of Tom Mepham’s new single “Can’t Get Enough of You” for the purpose of creating a remix competition. The competition aims to promote creativity, learning, and collaboration among musicians. The first prize for the competition is a copy of Ableton Live 11 Standard, courtesy of Ableton and their generous support. If the winner already has this software, an alternative prize from Ableton will be provided. Additional prizes may be added to the prize pool, but are not yet confirmed. In the event that any prize becomes unavailable, a substitute prize of equal or greater value may be provided.
Eligibility: The competition is open to everyone, with no restrictions on age, geographic location, or other factors. If a participant is under the age of 18, they must obtain parental or legal guardian consent before entering the competition. If the competition gains significant momentum, participants may voluntarily split into pro and emerging categories.
License Grant: Tom Mepham and The Sound Fuse Ltd. grant a non-exclusive, limited, revocable, and non-transferable license to participants to use the provided song stems solely for creating a remix for the competition. The license granted to participants is valid for the duration of the competition plus an additional 3 months. After this period, the license will be automatically terminated.
Copyright and Ownership: Tom Mepham and The Sound Fuse Ltd. retain all rights to the provided song stems and the original song, “Can’t Get Enough of You.” Tom Mepham and The Sound Fuse Ltd. retain the master rights to the submitted remixes, with the remixer retaining their rights to the new elements they contributed to the remix. The remixer will grant Tom Mepham and The Sound Fuse Ltd. an exclusive, worldwide, perpetual license to use, reproduce, distribute, publicly perform, and create derivative works based on the new elements for the purpose of commercially exploiting the remix.
Royalty Structure and Thresholds: The Sound Fuse Ltd. offers an initial royalty percentage of 20-25% of net revenue to any remixers whose work is released, up until a threshold of NZ$10,000 in net revenue. After the threshold is reached, the royalty rate will decrease from 25% to 10%. Net revenue will be calculated as gross revenue minus standard industry deductions, which include, but are not limited to:
a) Distribution fees
b) Mechanical royalties
c) Promotional expenses
d) Manufacturing expenses
AI Usage: Remixers are allowed to use AI in their remixes, provided that AI-generated elements do not infringe on any third-party copyrights or trademarks. The responsibility for any infringement lies with the remixer. Remixers must disclose whether they have used AI in their remix and provide relevant details, such as which AI tools were used and a description of the AI-generated elements.
Artist Identity and Copyright Protection: Remixers must respect and not infringe upon Tom Mepham’s identity, brand, or copyright. This includes prohibitions against unauthorized use of the artist’s name, image, or likeness, as well as against creating remixes that may harm the artist’s reputation or misrepresent their artistic intentions. The provided song stems are copyrighted and not for distribution, sharing, or uploading to any websites individually.
Submission Terms: Remixes must be submitted by midnight NZ time on June 17/18th. Preferred file format is WAV, but other high-quality file formats will also be accepted. Remixes must be submitted through the online form at thesoundfuse.com, which is the same form used for sign-up.
Non-Commercial Sharing and Right to Not Release: Participants may share their remixes on social media and other online platforms for non-commercial purposes, provided they credit Tom Mepham and The Sound Fuse. The Sound Fuse Ltd. and Tom Mepham reserve the right to not release any submitted remix at their sole discretion. The Sound Fuse Ltd. and Tom Mepham may request the removal of a remix from any online platform if necessary.
Transfer of Rights upon Request: In the event that Tom Mepham and The Sound Fuse Ltd. decide to release a remix after it gains traction on social media or other platforms, the remixer agrees to transfer the necessary rights to the label and original artist, subject to the royalty structure and thresholds outlined earlier. The mechanism for transferring rights will be a separate written agreement. The rights to be transferred include all rights necessary for Tom Mepham and The Sound Fuse Ltd. to commercially exploit the remix, such as the exclusive license to the remixer’s new elements mentioned previously.
Warranties and Indemnification: Participants warrant that their remixes are original and do not infringe on any third-party rights. Participants agree to indemnify and hold harmless Tom Mepham, The Sound Fuse Ltd., and their respective affiliates, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in connection with any breach or alleged breach of the warranties set forth in this section. Participants represent that they have the legal right and authority to enter into the agreement and are not bound by any conflicting agreements or obligations.
Dispute Resolution: In the event of a dispute arising from the competition or the terms and conditions, the parties agree to follow the below dispute resolution process:
a) Negotiation: The parties shall attempt to resolve the dispute in good faith through negotiation within 30 days of the dispute arising.
b) Mediation: If the dispute cannot be resolved through negotiation, the parties shall engage in mediation with an impartial mediator agreed upon by both parties. The mediation process shall be confidential and non-binding unless a settlement is reached.
c) Litigation: If the dispute remains unresolved after mediation, the parties may proceed to litigation under the exclusive jurisdiction of the courts of New Zealand.
Governing Law and Jurisdiction: Any disputes arising from the competition or the terms and conditions will be governed by the laws of New Zealand and subject to the exclusive jurisdiction of the courts of New Zealand. The parties agree to first attempt to resolve any disputes through mediation or another form of alternative dispute resolution before resorting to litigation.
Notification of Changes to Terms and Conditions: The Sound Fuse Ltd. reserves the right to amend, modify, or supplement these terms and conditions at any time and for any reason. In the event of any material changes to the terms and conditions, The Sound Fuse Ltd. shall notify participants via email to the address provided during sign-up, and by posting the updated terms and conditions on the competition website. Participants will have a period of 7 days from the date of notification to review and agree to the updated terms. If a participant does not agree to the updated terms, they may withdraw from the competition by notifying The Sound Fuse Ltd. in writing.
Miscellaneous: The Sound Fuse Ltd. reserves the right to amend, modify, or supplement these terms and conditions at any time and for any reason. If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. No failure or delay in exercising any right, power, or privilege under these terms and conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.
Notices and other communications between the parties should be delivered via email to the address provided during sign-up. Participants may also provide a phone number for text communication if they prefer. Participants will need to agree to the final terms before their remix is accepted. The final terms will be available here, at this page, on final day of the competition, June 17th. Some remixers may wish to negotiate terms, and they may initiate that process via email to remix@thesoundfuse.com.
© The Sound Fuse Ltd. 2023