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LEGAL TERMS AND CONDITIONS FOR PARTICIPATION IN THE #UNAESTRELLAACASA 2020 ACTION

1. Organising company

S.A. Damm, with registered address at Carrer de Rosselló, 515, 08025, Barcelona, holding Spanish Tax ID no. A08000820, is organising, through the ESTRELLA DAMM brand, the #UnaEstrellaACasa competition in accordance with these legal terms and conditions.

2. Promotional period and regional scope

This activity will take place across the entire region of Catalonia. The competition will run from 27 March 2020 and will last for three weeks (until 20 April).

3. Participation requirements, prize, mechanisms and jury

Participants:

Any person of legal age living in Catalonia will be able to enter the #UnaEstrellaACasa competition, whether as a member and on behalf of a music band or ensemble, or as a solo artist or singer-songwriter. All musical styles will be accepted, and all bands or soloists must be new to the scene and non-professionals.

Participation in the competition is not permitted for S.A. Damm employees and/or collaborators and their relatives. This also applies to persons from other companies of the group.

Participants must fulfil the requirements detailed below:

  • All involvement must adhere to the healthcare, behavioural and isolation measures ordered by the state of emergency as per the provisions of RD 467/2020 of 14 March from the Spanish Government, as well as the recommendations from the World Health Organisation and any other relevant authorities at all times, to help prevent the risks caused by the healthcare crisis created by the COVID-19 pandemic.
  • In accordance with the requirement above, in the event that the video or musical piece shows several members of the band playing together, said video must have been filmed prior to the date on which RD 467/2020 (14 March 2020) was put into force by the Spanish government, or else it must show all members of the band complying correctly with the isolation rules at the same address, in accordance with the aforementioned RD. Those submissions which, having been filmed within the period of mandatory confinement, meet the rules and behaviour guidelines established in the current regulations and do not pose any risks to the health of the participants or that of any third parties, will also be accepted. In this regard, audiovisual montages that allow all members of the band to be represented within the same image, simultaneously or otherwise, will also be accepted.
  • Bands or solo artists must record their own songs. Cover versions of the works of other artists will not be accepted.
  • Bands or solo artists who have been signed by a label or have signed a management contract and are already known commercially in the current music scene cannot take part in this competition.
  • The submitted songs must be recorded within domestic spaces, none of said spaces can be professional recording studios.
  • Submitted songs can be in any language.
  • The content of these musical pieces is protected by the right of their authors to freedom of speech and beliefs, as long as they respect the limitations of the right to honour, dignity and one’s own image, which would be breached in the event of unjustifiable offensive expressions or slanderous or insulting proclamations.

Prize:

Estrella Damm will fund the recording of an album in a professional studio with a maximum expense of 3,000 (THREE THOUSAND) EUR.

Estrella Damm will also offer the winner the opportunity to perform live at Antiga Fàbrica Estrella Damm. This performance will be coordinated with a live-performance producer who will work on aspects related to the staging and sound requirements of the band. This work will be carried out at the facilities of Cases de la Música with experts in the field.

Should the winner not wish to record an album, they will be able to redeem the 3,000 (THREE THOUSAND) EUR maximum value of the prize in cash.

 

Mechanisms of the competition

  • STAGE 1. ANNOUNCEMENT AND PARTICIPATION (from 27 March to 5 April):

Participants will have to share their own creations on INSTAGRAM through a 120-second (2-minute) video, which they will post on IGTV and make visible on their profile while using the hashtag of the competition, #UnaEstrellaACasa, tagging @AgendaEstrellaDammCat, and including the band, solo artist or singer-songwriter name they wish to be identified by in the caption. This can be done in any language and from home.

  • Up to 3 pieces per band or solo artist.
  • The user posting the video on Instagram must set their profile to public in order for their submission to be accepted.

 

  • STAGE 2. SHORTLISTING OF SEMI-FINALISTS (from 6 to 8 April):

Once the entry stage is closed, a deliberation process will open so the Jury can shortlist up to 10 semi-finalists in accordance with the criteria established in the 4th Legal Term.

The 10 semi-finalists will be announced through the @AgendaEstrellaDammCat Instagram account from 8 April.

Damm reserves the right to reduce the number of semi-finalists should the Jury consider the quality of the submissions to be insufficient.

 

  • STAGE 3. POPULAR VOTE (from 9 to 15 April):

Once the semi-finalists have been shortlisted, they will be grouped in 2 blocks (semi-finalists 1 to 5, and 6 to 10).

Then, 2 posts will be published on the @AgendaEstrellaDammCat Instagram account using the gallery system: the first will group the performances of semi-finalists 1 to 5, and the second will group the performances of semi-finalists 6 to 10.

To facilitate voting on the performances, each band will be associated with a music-related emoji in the caption of each of the two Instagram posts. The public will have to comment on the aforementioned posts using the emoji associated with their favourite artist, which means that they will be able to vote for one performance from each post (see example):

“It’s time for the public to vote, so comment on this post using the emoji associated with your favourite performance”

mecanica

The five performances with the most votes will be selected as finalists.

 

  • STAGE 4. SELECTING THE WINNER (from 16 April to 19 April):

The Jury will open a deliberation process to select one winner from the five finalists with the most votes, in accordance with the criteria for originality and quality of the musical performances. The name of the winner will be announced on the @AgendaEstrellaDammCat Instagram account from 20 April.

Jury:

FERRAN AMADO – Coordinator of Sona9. Grup Enderrock

JORDI PLANAGUMA – Coordinator of Cases de la Música and Director of Casa de la Música del Gironès

CARMEN ZAPATA – Manager of ASSAC, Director of Curtcircuit, Clubcircuit and MUJERES DE LA INDUSTRIA DE LA MÚSICA 

ADRIÀ SALAS – Lead singer of La Pegatina

SUU – Singer

ALBERT PUIG – Director and presenter of the Delicatessen show on iCat FM. Director of No Sonores

 

4. Assessment and selection criteria followed by the Jury:

  • Novice artists who with no experience or professional links to music will be given special consideration.
  • The originality and quality of the musical performances will be taken into account, along with the status of the participants as emerging artists.
  • The jury is entitled to render the prizes null and void as per the two criteria described in the 4th Legal Term or following the breach of the participation requirements described in the 3rd Legal Term.
      

5. Acceptance of the terms and conditions

Participation in this competition implies the full and unreserved acceptance of these legal terms and conditions. Recognition as a valid participant is subject to compliance with the requirements established in these legal terms and conditions.

6. Publication of the identity of the winners

The winners accept that the name of their band, their stage name or their own name, in the case of solo artists and singer-songwriters with no stage name, will be published through the means deemed appropriate and necessary by S.A. Damm for the purpose of publicly announcing the winner of the competition.

With the exception of what is established in the previous paragraph, the names and personal details of the participants will only be used to inform said participants of essential aspects of the competition, to request information related to compliance with these Legal Terms and Conditions, or to inform them of their status as winners, as per the 8th Legal Term.

7. Intellectual property rights

S.A. Damm is entitled to use the texts and content of the participants and winners of the competition, given that participation in this competition implies the transfer of ownership rights related to the images and music pieces submitted, including any rights to reproduction or distribution, with no time or geographical limitations, for the commercial and promotional purposes associated with the competition itself.

8. Data processing

In accordance with the promotional mechanisms described herein and in compliance with the applicable laws, participants are hereby informed that their data will be processed by S.A. DAMM in order to manage the promotion of the competition and assign the prizes to the relevant winners.

The participants of this competition may exercise their rights regarding access, modification, deletion and portability of their data, as well as to limit or oppose the processing of said data, by writing to the following address: S.A. DAMM, attn Oficina Privacidad: c/ Rosselló nº 515, 08025 Barcelona. Communications made in writing by participants to the following email address will also be accepted: privacidad@estrelladamm.com.

9. Liability of the Organiser

S.A. DAMM waives any responsibility for the compliance of the recordings of participants with regard to the regulations established by DR 467/2020 of 14 March of the Spanish Government, or with regard to the recommendations from the World Health Organisation and other relevant authorities. However, S.A. DAMM reserves the right to delete any submissions that do not comply with the rules and behaviour regulations aimed at reducing the risk of contagion caused by the COVID-19 pandemic.

S.A. DAMM demands from all participants that all songs submitted to the competition be new and original creations rather than cover versions of existing music pieces. Therefore, S.A. DAMM will not be held responsible for the musical content of the submitted pieces, or for any potential legal actions and plagiarism lawsuits that a third party may file against the music pieces submitted by the participants.

 

10. Modification, temporary suspension or cancellation of these legal terms and conditions

The Organiser reserves the right to modify, review, suspend or cancel this competition as well as these legal terms and conditions without prior notice due to causes of force majeure (e.g. a healthcare crisis) and/or reasons that are necessary and justified to ensure the proper operation of the competition and the safety of its participants and the members of the organisation.

 

And in witness thereof and for the appropriate purposes, we sign and formalise these Legal Terms in the city of Barcelona on 23 March 2020