Terms and Conditions
- 1.1 “ABS-CBN” shall mean the ABS-CBN Broadcasting Corporation, and its subsidiaries and affiliates.
- 1.2 “CONTESTANT” shall mean an individual composer and/or lyricist, or up to three (3) individual composers and/or lyricists collaborating in one (1) Entry.
- 1.3 “ENTRY” shall mean one (1) musical composition or musical work.
- 1.4 “FILIPINO CITIZEN” shall mean a natural-born or naturalized Filipino, or a person of dual citizenship under Republic Act No. 9225.
- 1.5 “FILIPINO DESCENT” shall mean an individual whose mother, father, grandfather, or grandmother is or was previously a Filipino.
- 2.1 The Competition is open to all songwriters (amateur or professional) worldwide who are of Filipino citizenship or of Filipino descent and at least 18 years of age.
- 2.2 All employees of ABS-CBN, members of their immediate household, or their relatives up to the fourth degree of affinity or consanguinity are not qualified to join the Competition.
3. Number of Entries
- An individual composer or lyricist may submit or collaborate on a maximum of two (2) Entries. Each Entry may be composed by one (1) individual or may be a collaboration of up to three (3) writers, who shall collectively be treated as one (1) Contestant.
4. Technical Requirements of Songs
- 4.1 Each entry must be an original composition of the contestant and all rights of copyright to the entry must be owned exclusively by the contestant.
The following compositions shall not be eligible as entries:
- 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 basis for including the word through a footnote in the lyric sheets.
- 4.3.3 Words which are registered trademarks are not allowed.
- 4.4 Form and Length
- 4.4.1 The contestant must submit one (1) accomplished entry form for one (1) Entry/Song. If an Entry has two (2) or more individual composers or lyricists, all must sign on the entry form.
- 4.4.2 The melody and lyrics of an entry shall be final once submitted, and may not be altered or modified prior to the selection of the Finalists. A song selected as Finalist may be modified subject to the prior approval of the Competition Committee.
- 4.4.3 A composition may consist of any musical arrangement, including acapella. However, instrumental compositions are not allowed.
- 4.4.5 The song must not exceed four (4) minutes inclusive of intro and extro.
- 4.4.6 Entries submitted to ABS-CBN shall not be returned.
- 5. Submission of Entries
5.1 Each entry shall be composed of:
- 5.1.1 Completely filled-up personal data
- 5.1.2 Lyrics of the song
- 5.1.3 Mp3 file of the song
For each individual composer or lyricist participating as a Contestant:
- - Scanned copy or photocopy of passport or government ID;
- - Birth certificate, Certificate of Dual Citizenship, or other proof of Filipino citizenship or descent;
- - a 2" x 2" ID photo;
- 5.1.5 Notwithstanding Par. 6.4.3, failure to comply with any of the above requirements shall be a ground for disqualification.
- 5.1.6 The Secretariat shall check each entry for compliance with the above requirements and in its sole discretion may require other documents as needed.
- 5.1 Each entry shall be composed of:
- 6. Intellectual Property Rights
- 6.1 All entries are deemed to be the properties of the respective Contestant/s, subject to the rights of ABS-CBN hereunder.
- 6.2 In the event an Entry is declared a Finalist in the Competition, the contestant agrees to grant and assign to ABS-CBN, its subsidiaries and/or affiliates, and/or its designated publisher, Star Songs, Inc. (collectively “ABS-CBN”) perpetual and exclusive publishing rights and copyright to said Entry. The Contestant shall execute the necessary Exclusive Publishing Agreement in favor of ABS-CBN prior to the formal announcement of the Finalists. The failure or refusal of a Contestant to execute said agreement prior to said announcement shall be a ground for disqualification.
- 6.3 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:
- 6.3.1 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;
- 6.3.2 To broadcast, transmit, televise, or otherwise make available, and publicly perform, said works;
- 6.3.3 To record, produce, reproduce, promote, distribute, and sell sound recordings or audio representations of the musical compositions, such as, but not limited to, ringtones, ringbacks, etc;
- 6.3.4 To use the same for any purpose, in any manner and by any means;
- 6.3.5 To cause its delivery through any mode of delivery now or hereafter known, including, but not limited to streaming, subscription, downloading, webcasting, etc.
- 6.3.6 To license or exploit the musical composition for any commercial or legal purpose;
- 6.3.7 To license or exploit the musical composition for any commercial or legal purpose;
- 6.3.8 To authorize the adaptation or translation of the work;
- 6.3.9 To authorize the use of the entry in any article or device, including, but not limited to, music boxes, home appliances, cellphones, etc;
- 6.3.10 To authorize the production or manufacture or merchandise using, suggesting, or being a representation of the entry or any part thereof;
- 6.3.11 To authorize the production or manufacture or merchandise using, suggesting, or being a representation of the entry or any part thereof;
- 6.3.12 To set rates for any and all usages, in its sole discretion;
- 6.3.13 To collect all revenues due on all transactions entered into by it; and to represent the Contestants in all matters relating to the entries;
- 6.3.14 To authorize third parties to do any or all of the above, or to assign any of its rights herein;
- 6.4 In addition to the above, ABS-CBN shall have the right to use any of the entries submitted, free of charge, for the duration of the Competition, and after the competition, in connection with the airing, broadcast, and/or promotion of the competition on any and all media. On the other hand, ABS-CBN shall have the right to use, free of charge, any of the non-winning Finalists within a period of two (2) years, and any of the three (3) winning entries within a period of five (5) years, following the Finals of the competition, for any purpose or usage on any of its programs or platforms including the use thereof in replays beyond the aforesaid periods, without need for further remuneration by ABS-CBN.
- 6.5 For all transactions and agreements not falling under the exceptions stated herein, the composer/s shall be entitled to a share of fifty percent (50%) of all net revenues allocated for the entry and received by ABS-CBN's designated publisher, Star Songs, Inc.. The issuance of statements of account and payment governing the above shall be subject to the rules and standard practices of Star Songs, Inc. covering the same.
- 7. Criteria and Screening
- 7.1 The Competition Committee shall have the sole option to choose the judges for the screening and live event. Announcement of judges will be done prior to the finals night.
- 7.2 The general
criteria are as follows:
- 7.2.1 Criteria for Judging (CD) -
80% of the total score:
- MELODY - 30%
- LYRICS - 30%
- MUSICALITY - 25%
- OVER-ALL IMPACT - 15%
- MELODY - Beauty of the melody; high recall (hook)
- LYRICS - Beauty and meaning of lyrics
- MUSICALITY - Melodic structure, chordal progression, relationship of lyrics to melody, and other technical aspects.
- OVER-ALL IMPACT - Ability to move/affect the audience
- 7.2.2 Criteria for Judging (Live
Event) - 20% of the total score:
- CREATIVITY OF MUSIC - 50%
- LYRICS - 50%
- 7.2.1 Criteria for Judging (CD) - 80% of the total score:
- 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, 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.
- 7.5 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.
- 7.6 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. Disqualification
- 8.1 An Entry or
Contestant may be disqualified for:
- 8.1.1 Failure to comply with or violation of Pars. 4, 5, 6.4, 7.2, 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 rules, or breach of the warranties provided in Par. 10.
- 8.2 In collaborations, a Contestant may be disqualified even if only one (1) of the individual composers or lyricists is disqualified or has committed the violation.
- 8.3 ABS-CBN shall have the sole discretion to disqualify an Entry or Contestant, after according the Contestant concerned due process.
- 8.1 An Entry or Contestant may be disqualified for:
- 9. Warranties
- 9.1 Contestant warrants and represents that Contestant is under no disability, restriction or prohibition, to execute this Agreement, or which may interfere with the ability of Contestant to deliver its obligations hereunder.
- 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 Composition/s. The Contestant further warrants that neither the 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 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, or any of its subsidiaries or affiliates, 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, 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 the Entry with the next highest result. 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 subsidiaries and affiliates, the judges and the members of the Competition Committee shall not be liable for any claim by any third party in connection with the ownership of copyright to an Entry submitted to the Competition.
- 10. Acceptance and Conformity
- All parties submitting entries to the Competition are deemed to have accepted the rules of the Competition, and agree to abide hereby.