1.1 “ABS-CBN” shall mean ABS-CBN Corporation, and its subsidiaries and affiliates.
1.2 “COMPETITION” shall mean the Himig Handog 2018 songwriting competition.
1.3 “CONTESTANT” shall mean an individual composer, songwriter, and/or lyricist, or a group/collaboration of up to three (3) individual composers, songwriters, and/or lyricists.
1.4 “ENTRY” shall mean one (1) musical composition or musical work.
1.5 “FILIPINO CITIZEN” shall mean a natural-born or naturalized Filipino, or a person of dual citizenship, one of which is Philippine citizenship, and those who have retained or reacquired Philippine citizenship in compliance with Republic Act No. 9225
1.6 “FILIPINO DESCENT” shall mean an individual whose mother, father, grandfather, or grandmother is or was previously a Filipino.
1.7 “FINALIST” shall mean an Entry declared as one of the Top Ten (10) Entries in the Competition.
1.8 “COLLECTIVE MANAGEMENT ORGANIZATION” (“CMO”) shall be any organization, operating within or outside the Philippines, which collects royalties and/or licenses public performance, communication to the public, and/or other rights on behalf of composers.
2. Qualifications of Composers
2.1 The Competition is open to all composers, songwriters, and/or lyricists (amateur or professional) worldwide who are Filipino citizens or of Filipino descent.
2.2 All employees of ABS-CBN, the Digital Publisher, the Sponsors of the Competition, and their relatives up to the fourth civil degree of consanguinity or affinity are not qualified to join the Competition.
2.3 The composer must not be a member of / or have pre-assigned his rights to the composition to any CMO, unless composer submits a written waiver by such CMO of all of its rights over such composition in the event that it is chosen as one of the finalists of the competition.
3. Number of Entries
A Contestant may submit a maximum of two (2) Entries, whether the same be as an individual, a collaboration, or both.
4. Song Entry Requirements
4.1 Each Entry must be an original work of the Contestant and all rights, including copyright, to the entry must be owned exclusively by the Contestant.
4.2 The following works shall not be eligible as an Entry in the Competition:
4.2.1 Those which have been previously published, recorded or released in any part of the world;
4.2.2 Those which have been commissioned by a third party;
4.2.3 Those which are found to contain two (2) or more bars of melody or lyrics similar to that of a published or released song in the Philippines or abroad; and
4.2.4 Any Entry which, in the sole determination of ABS-CBN, is not suitable by reason of content.
4.3.1 The lyrics must be in Filipino or English or a combination of both;
4.3.2 If the lyrics include a word which does not have a general and accepted definition, the Contestant must explain the meaning and basis for including the word through a footnote in the lyric sheets; and
4.3.3 The lyrics shall not include words which are registered trademarks.
4.4 Form and Length of Entries
4.4.1 The melody and lyrics of an Entry, once submitted, shall be final and may not be altered or modified prior to the selection of Finalists. An Entry selected as a Finalist may be modified subject to the prior approval of the Competition Committee.
4.4.2 An Entry may consist of any musical arrangement, including acapella. However, an Entry consisting of only instrumental composition/s is not allowed.
4.4.3 The song must not exceed four (4) minutes, inclusive of intro and extro.
4.4.4 Entries submitted to ABS-CBN shall not be returned to the Contestant.
4.5 The Screening Committee, at its sole discretion, may disqualify an Entry for its failure to comply with any of the above requirements.
5. Submission of Entries
5.1 The Contestant must submit the following per entry:
5.1.1 Accomplished entry form with complete personal data as required;
5.1.2 Lyrics of the musical composition;
5.1.3 Mp3 file of the musical composition;
5.1.4 Photo of contestant; and
5.1.5 Scanned copy of passport or other government-issued ID;
5.1.6 If passport cannot be provided : Birth certificate, Certificate of Dual Citizenship, or other proof of Filipino citizenship or descent;
5.1.7 If member of a CMO: Written waiver by the authorized signatory(ies) of CMO of all rights in and to the composition in the event that the composition is chosen as finalist.
5.2 If the Contestant is composed of a group, all individual composers, writers, and/or lyricists must sign on the Entry form.
5.3 Failure to comply with any of the above requirements shall be a ground for disqualification.
5.4 The Screening Committee shall check each Entry for compliance with the above requirements and, in its sole discretion, may require other documents as needed.
6. Intellectual Property Rights
6.1 All entries are deemed to be the property of the respective Contestant/s, subject to the rights of ABS-CBN hereunder.
6.2 ABS-CBN hereby designates ABS-CBN Film Productions, Inc. as its official music publisher for the Competition.
6.3 In the event an Entry is declared a Finalist (“Finalist Entry/ies”) in the Competition, the Contestant agrees to grant and assign to ABS-CBN Film Productions, Inc. , all rights, title, interest and copyright to said Entry. The Contestant shall execute the necessary Exclusive Publishing Agreement in favor of ABS-CBN Film Productions, Inc. prior to the formal announcement of the Finalists. The failure or refusal of a Contestant to execute said agreement prior to the announcement shall be a ground for disqualification.
6.4 Without limiting the foregoing, the Contestant agrees that in the event that his/her/their entry is selected as Finalist, ABS-CBN shall have the exclusive and unlimited right, worldwide and in perpetuity, to the musical composition (music and lyrics), with the full right and authority:
6.4.1 To use, synchronize with, and exhibit the musical composition in any audiovisual work, including, but not limited to, motion pictures, television shows, commercial advertisements, and/or audiovisual presentations;
6.4.2 To broadcast, transmit, televise, or otherwise make available, and publicly perform, said musical composition;
6.4.3 To record, produce, reproduce, promote, distribute, and sell sound recordings or audio representations of the musical composition, such as, but not limited to, ringtones, ringbacks, etc;
6.4.4 To edit or adapt the musical composition to conform to the technological or commercial requirements of phonograph records in various formats now or hereafter known or developed;
6.4.5 To cause its delivery through any mode of delivery now or hereafter known, including, but not limited to streaming, subscription, downloading, webcasting, etc.
6.4.6 To license or exploit the musical composition for any commercial or legal purpose;
6.4.7 To eliminate or edit material which may subject ABS-CBN to any civil or criminal action;
6.4.8 To authorize the adaptation or translation of the work;
6.4.9 To authorize the use of the entry in any article or device, including, but not limited to, music boxes, home appliances, cellphones, etc;
6.4.10 To authorize the production or manufacture or merchandise using, suggesting, or being a representation of the Entry or any part thereof;
6.4.11 To set rates for any and all usages, or to not charge therefor, at ABS-CBN’s sole discretion;
6.4.12 To collect all revenues due on all transactions entered into by it; and to represent the Contestant/s in all matters relating to their respective Entry/ies;
6.4.13 To authorize third parties to do any or all of the above, or to assign any of its rights herein;
6.4.14 To use the same for any purpose, in any manner and by any means, at ABS-CBN’s sole discretion.
6.5 In addition to the above rights, ABS-CBN shall have the following rights:
6.5.1 to use any or all of the Entries submitted, free of charge, in connection with the airing, broadcast, and/or promotion of the Competition on any and all media, throughout the world in perpetuity;
6.5.2 to use any of the Finalist Entries for any purpose or usage on any of its programs or platforms, including the use thereof in replays beyond the periods indicated, without need for any remuneration to the Contestant by ABS-CBN:
126.96.36.199 If the entry wins any prize, for a period of five (5) years; or
188.8.131.52 If the entry does not win any prize, for a period of two (2) years.
For avoidance of doubt, subject to the terms hereunder, the appropriate license fee shall be paid by ABS-CBN for new usages after the periods indicated.
6.6 For all transactions and agreements not falling under the exceptions stated herein, the Contestant/s shall be entitled to a share of FIFTY PERCENT (50%)of all net revenues received by, ABS-CBN Film Productions, Inc. or ABS-CBN's designated publisher. The issuance of statements of account and payment governing the above shall be subject to the rules and standard practices covering the same. Net Revenues shall mean all royalties, fees and other income received from sales, less advances, interests, expenses, penalties, and applicable taxes.
7. Criteria and Screening
7.1 ABS-CBN shall have the sole right to designate the members of the Competition Committee who shall oversee the management and implementation of the Competition. The Competition Committee shall choose the members of (a) the Screening Committee who shall check and verify all Entries and declare the Finalists; and (b) the Board of Judges, who shall declare the winning entries during the Finals night. The decisions of the Screening Committee and Board of Judges shall be final and unappealable.
7.2 ABS-CBN and/or the Competition Committee, in its sole discretion, may decide on the number of screening and judging stages, the periods of submission of Entries (the Deadlines) and the composition or appointment of the Screening Committee and the Board of Judges; provided the members of the Board of Judges shall be announced prior to the Finals night ABS-CBN and/or the Competition Committee in its sole discretion, may appoint an independent auditing firm to monitor the screening and judging procedures of the Competition.
7.3 The Finalists shall be informed of their selection and shall be required to execute the abovementioned Exclusive Publishing Agreements.
7.4 ABS-CBN shall have the sole discretion and right to choose/assign the interpreter, producer, and arranger, for the recording and performance of the Entries during the Finals night of the Competition.
7.5 In the event that no Finalist is chosen, or less than ten (10) Finalists are chosen from among the Entries submitted before the deadline, the Competition Committee shall have the right to extend the deadline for submission or call for the submission of additional Entries. The Screening Committee shall select the rest of the Finalists only from among the additional entries for each extended period. A Contestant who has previously submitted an Entry to the Competition may still submit an Entry for the extended period; provided, a Contestant who has already submitted two (2) Entries to the Competition at any given time shall no longer be eligible to submit new Entries for the extended period regardless if the previous Entries were not declared Finalists.
7.6 The Finalists shall be informed of their selection and shall be required to execute the abovementioned Exclusive Publishing Agreements.
7.7 ABS-CBN shall have the sole discretion and right to choose/assign the interpreter, producer, and arranger, to be used for the recording and performance of the entries for the performance in the Finals. However, the Contestant may give suggestions which the Committee may consider.
7.8 ABS-CBN shall have the sole right to designate the members of the Competition Committee. ABS-CBN shall also have the sole right to designate the persons who shall constitute the Screening Committees and the Boards of Judges whose decision shall be final and unappealable. ABS-CBN in its sole discretion may decide the number of screening stages, the periods of submission of entries (the Deadlines) and appoint up to a maximum of three (3) panels of judges, or one (1) panel for each stage of the Competition. ABS-CBN likewise shall have the sole discretion to appoint an independent auditing firm to monitor the screening and judging procedures for the Competition.
7.9 In the event that no Finalist is chosen, or less than ten (10) Finalists are chosen from among the entries submitted before the first Deadline, ABS-CBN shall have the right to extend the deadline for submission or call for the submission of additional entries. The Board of Judges shall select the rest of the Finalists only from among the additional entries for each extended period. Within each extended period, a contestant may send in a maximum of two (2) entries, except that if an entry of a contestant has already been declared a Finalist, such contestant may submit only one (1) more entry for each extended period.
8.1 An Entry or Contestant may be disqualified for:
8.1.1 Failure to comply with or violation of Pars. 4, 5, 6.2, or 8.2
8.1.2 Failure of the Entry or Contestant to comply with any of the requirements, or a violation of any of these terms and conditions, or breach of the warranties provided in Section 9.
8.1.3 In collaborations, all members and Entry/ies may be disqualified even if only one (1) of the individual composers, songwriters, or lyricists has been disqualified or has committed a violation warranting disqualification.
8.2 ABS-CBN shall have the sole discretion to disqualify an Entry or a Contestant.
9 9. Warranties
9.1 Contestant warrants and represents that Contestant is under no disability, restriction or prohibition, to consent to the Terms and Conditions of the Competition, and further, has no impediment to execute the Exclusive Publishing Agreement under Section 6.2, or which may interfere with the ability of Contestant to deliver its obligations in connection with the Competition.
9.2 The Contestant warrants that the Entry/ies submitted by him/her/them are his/her/their sole and original work, and that there exists no adverse claims to or in said musical composition/s. The Contestant further warrants that neither the musical composition nor any part thereof infringes upon the literary, musical, personal, or property rights of any person or entity.
9.3 Contestant agrees to fully indemnify, save and hold ABS-CBN, its directors, officers, stockholders, employees, licensees and assigns, the Board of Judges, the members of the Competition Committee, the members of the Screening Committee, and the Board of Judges, free and harmless from any and all damages arising out of, or in connection with, any claim by a third party that is inconsistent herewith. In the event that a claim, suit, or action is brought against ABS-CBN, it shall notify Contestant thereof and shall allow Contestant to participate in the defense thereof. Contestant shall fully reimburse all expenses incurred by ABS-CBN for any and all damages it may be required to pay by reason thereof.
9.4 Should the infringement be proven, the Contestant shall return any and all prize monies paid to him/her/them, if any, with interest thereon at the legal rate until fully paid. ABS-CBN shall, likewise, have the right to withdraw the prize and to award the prize to another Entry. Should it be proven that the infringement is willful, Contestant shall be liable for actual and exemplary damages, including attorney's fees.
9.5 ABS-CBN, its directors, officers, stockholders, employees, licensees and assigns, the members of the Competition Committee, the members of the Screening Committee, and the members of the Board of Judges , shall not be liable for any claim by any third party in connection with the ownership of copyright to an Entry submitted by a Contestant to the Competition.
10.Acceptance and Conformity
10.1 All Contestants submitting an Entry to the Competition are deemed to have accepted and consented to the Terms and Conditions of the Competition, and agree to abide hereby.
10.2 Contestant agrees that ABS-CBN reserves the right to, at any time, and at its sole discretion, change, add to, delete from, modify or amend the Terms and Conditions affecting the Competition, or any part thereof, including, but not limited to the grounds for disqualification from the Competition, the rules and guidelines for the screening and selection of Entries, the declaration of winning Entries, and the granting of any prize.