2022 Paco Rabanne Fund:

Paco Rabanne x NTS A Million Ways To Make It fund & mentorship programme (the "Paco Rabanne Fund Programme 2022")

TERMS AND CONDITIONS

Over the past few years, Puig UK Limited (under the Paco Rabanne brand) of Russell Square House, 10-12 Russell Square, London, WC1B 5EH (“Puig”, “we”, “our”, “us”) has developed and launched the Paco Rabanne Fund to help emerging young musicians in the UK. Puig offer a limited number of grant awards each year and previously the fund has been distributed under the My First Million project.

This year, Puig are working in association with NTS Live Ltd of 89a Kingsland High Street, London, E8 2PB (the “Partner”) to promote the Paco Rabanne Fund Programme under the project 'A Million Ways To Make It'. ‘A Million Ways To Make It’ is an artist development platform that celebrates the hard work and hustle of musicians across the industry, by offering support to up-and-coming independent artists.

These are the terms and conditions (the “Terms and Conditions”) that govern the relationship between you, the applicant (“you”, “your(s)”), Puig and the Partner in respect of your application to receive an Award under the Paco Rabanne Fund Programme and any Award (defined in rule 1 below) that you may receive from us.

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY

By submitting Your Application (defined in rule 5 below) to us, you agree: (a) to these Terms and Conditions; (b) that you are of sufficient age and mental capacity and are entitled to be legally bound in contract; and (c) that you are authorised to submit an application to receive an Award under the Paco Rabanne Fund Programme on behalf of any contributors to Your Application.

1. THE AWARDS

If you are selected to be a Recipient (defined in rule 7.1 below), you will receive the following:

(a) a grant of up to five thousand GBP sterling (£5,000) to use towards the project outlined in Your Application (defined in rule 6.1);

(b) participation in a mentoring programme, which shall include up to three (3) one-on-one mentoring sessions with music industry experts, as selected by the Partner;

(c) participation in an editorial shoot with a music-focused editorial title as selected by the Partner and media exposure in PR, digital and social content, as determined in our sole discretion; and

(d) a live showcase at an event organised by the Partner which shall take place between May 2023 and July 2023, further details to be confirmed,

(the "Award(s)").

2. UK MUSICIANS

We define UK musicians to be those that are based in the UK, being an independent, unsigned, singer, band, DJ, producer and / or other musical performer who is composing and performing their own original music ("UK Musician(s)").

3. ACTIVITIES THAT WE SUPPORT

Our Awards support the following activities:

(a) projects involving the creation, performance or promotion of new music;

(b) recording costs;

(c) equipment/rehearsal space hire for the project;

(d) development time;

(e) music creator fee (to cover your time and work);

(f) promotional activity/PR;

(g) music videos;

(h) musician fees; and

(i) concerts, record launches, gigs, tours, festivals.

4. WHO CAN APPLY?

4.1 Applications to receive an Award under the Paco Rabanne Fund Programme are open to UK Musicians who:

(a) are resident in the United Kingdom;

(b) are aged 18 years or over;

(c) have internet access, a valid and active email account and a valid and an active online audio distribution platform account (such as soundcloud), which allows users to share their own original sound recordings; and

(d) carrying out the activities in their proposed project in the UK.

4.2 The following are not eligible to apply to receive an Award under the Paco Rabanne Fund Programme: (i) employees of Puig or Partner and their respective subsidiaries and associated companies, any advertising and promotional agencies, or the Award suppliers, (ii) immediate family members of such employees or of anyone with whom such employees are domiciled and (iii) the judges or their immediate families. In these Terms and Conditions, “immediate family” includes mother, father, brothers, sisters, sons, daughters and spouse.

4.3 By submitting an application to receive an Award under the Paco Rabanne Fund Programme, you will be deemed to have accepted these Terms and Conditions (which may be amended or varied by us in accordance with rule 8.12) and by our decisions, which are final in all matters relating to these Terms and Conditions, the Paco Rabanne Fund Programme and the Awards and no correspondence or discussion shall be entered into.

5. APPLICATION PERIOD

We will be accepting applications to receive an Award under the Paco Rabanne Fund Programme from 02.08.22 at 12pm BST until 23.08.22 at midnight BST ("Application Period").

6. HOW TO SUBMIT YOUR APPLICATION

6.1 To apply you must follow the application instructions found on our website at: nts.live/a-million-ways (the "Website") and submit your application during the Application Period. You will be required to submit the following:

(a) completion of the online application form, including your biography and photo, age, location, email and phone number;

(b) upload a video of yourself explaining why you are applying for the award, how the award will help you, how you will make use of the grant fund if you win, a demonstration of your desire to learn more about the industry, how you can manage various aspects of your career independently, explaining your live performance capabilities and what kind of mentoring you are looking for ("Your Video"); and

(c) a link to your online audio distribution platform page (such as soundcloud) that contains your own original sound recordings, written and composed solely by you ("Your Music") (together, "Your Application". All references to Your Application shall include without limitation Your Application in its entirety and any part or element of it).

6.2 Applications to receive an Award under the Paco Rabanne Fund Programme are limited to one application per person.

6.3 By submitting Your Application, you warrant and represent to us and the Partner that:

(a) you have all of the rights and authority necessary to submit Your Application to us for the Paco Rabanne Fund Programme in compliance with these Terms and Conditions, including the right to contract in your own name, the right to publish the video submission in Your Application, and the right to grant the rights granted hereunder and that Your Application does not contain any material or elements that are not owned by you, or which are subject to the rights of third parties (save for third party data protection rights);

(b) Your Application is in all respects free and clear of all claims and rights of third parties and does not infringe any law or any third party rights, for example: any design, trade mark, copyright or other intellectual property rights and does not otherwise violate anyone’s right of privacy or publicity;

(c) you are the sole creator, author and owner of Your Application and all elements of Your Application are your own original work;

(d) Your Application complies with the requirements set forth in these Terms and Conditions and any related links (e.g. instructions on how to apply);

(e) you have the right to make Your Application available to us for all purposes of the Paco Rabanne Fund Programme, including the administration of applications and selection of Award recipients under these Terms & Conditions, without any time or territorial limit;

(f) no other persons, brands or companies appear in Your Application;

(g) you have obtained all consents and permissions from contributors (if any) to Your Application and on our request, you shall supply copies of all such consents, permissions, confirmations and releases;

(h) Your Application does not contain any content which violates or infringes upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct or is conduct that would constitute a criminal offence, gives rise to civil liability or otherwise violates any applicable law;

(j) you have not previously or concurrently submitted your sound recordings to another contest or promotion, or licensed or assigned any rights to such sound recordings to a third party;

(k) you have not made any commitment for the use or publication of Your Application to any person or entity for any commercial purposes or otherwise made any commitment in a manner that would conflict with the rights and licences granted to us and the Partner as described in these Terms and Conditions; and

(l) you agree to indemnify and hold us and the Partner harmless from and against any liability, claims and demands arising in connection with the content of Your Application.

6.4 By submitting Your Application, we and the Partner will each have the right to exhibit Your Video, Your Music, your biography and images of you on the Paco Rabanne Fund Programme hub on the Website located at https://www.nts.live/projects/a-million-ways (the "Hub"). You should not provide any materials or information that you do not want published on the Website or Hub, or presented to other users of the Website or Hub. You also accept that once Your Application, Your Video or Your Music has been posted to or published in any media, colour and sound may vary in accordance with the settings of the monitor, software, or printer of users of the media and of us or any third parties creating promotional materials on our behalf.

7. SELECTION OF AWARD RECIPIENTS

7.1 All valid and eligible applications received during the Application Period, will be reviewed and assessed by Puig, the Partner and a panel of three (3) independent individuals who are affiliated with the Partner from a music presenting or media background (the "Selection Panel") who shall select nine (9) shortlisted applications (the “Shortlisted Recipient(s)”) within thirty (30) days of the end of the Application Period. The Shortlisted Recipients will be the nine (9) applications that the Selection Panel deems to have the best: music quality, tangible music goals, articulation of their challenges and what they would like to do with the fund, a demonstration of a desire to learn more about the industry, their general suitability as a representative of Puig and the Partner and how they can manage various aspects of their career themselves and live performance capabilities (the “Selection Criteria”). The Shortlisted Recipients’ music shall be available on the Hub for a period of up to four (4) weeks (the “Shortlist Period”) in order to promote The Shortlisted Recipients’ and their music. Within thirty (30) days following the end of the Shortlist Period, the Selection Panel shall select three (3) Award recipients (the “Recipients”) based on those Shortlisted Recipients who best fit the Selection Criteria above all else, at the sole discretion of the Selection Panel. For the avoidance of doubt, being selected as a Shortlisted Recipient does not guarantee you will be selected as a Recipient of an Award.

7.2 We will endeavour to notify the Recipients within five (5) days of the Recipients' selection by sending out an offer letter by email to each of the selected Award recipients, including: (a) an acceptance letter; (b) a liability release in respect of the Award; (c) a publicity agreement with us and the Partner, in which Recipients must agree to take part in an editorial shoot with a music-focused editorial title as selected by the Partner, a recap editorial shoot in Spring 2023, produce a radio mix with a duration of one hour that will be broadcast on the Partner’s platform, be available to perform at a live event alongside other artists during the period of May-August 2023 and have their image and bio used in PR, digital and social content in connection with them being selected as a Recipient and in connection with any reasonable publicity of the Paco Rabanne Fund Programme 2023 (the "Shoot & Content"); and (d) a request for the Recipient's nominated bank details (which must be in the name of the Recipient) to receive the grant funding (the "Offer Letter "). Certain documents may need to be signed by the Recipient and any other contributors to Your Application.

7.3 Recipients will each be required to acknowledge receipt of the Offer Letter and return the requested information and signed documents by email to partnerships@ntslive.co.uk within five (5) days of the date of notification by us. Only Recipients will be notified. We will not be sending out any communications to other applicants who have not been selected to receive an Award.

7.4 Once we have received all requested information and signed documents from each Recipient, the Partner will facilitate the payment of the grant fund into the Recipient's bank account within thirty (30) days of receipt of such paperwork and we or the Partner will notify the Recipient of further details regarding the mentorship programme, the live showcase, the Shoot & Content and any other promotional and publicity activities that the Recipient must participate in in accordance with rule 8.5.

7.5 We reserve the right to select an alternative Recipient in the event that:

(a) a Recipient cannot be contacted after two (2) attempts within five (5) business days of the Recipient's selection; and/or

(b) a Recipient does not confirm their acceptance of their Award and return the requested information and signed documents in the Offer Letter within five (5) days of notification by us, including any documents to be signed by any Contributors to Your Application; and/or

(c) we have reasonable grounds for believing that a Recipient has contravened any of these Terms and Conditions; and/or

(d) a Recipient is unable to accept the Award.

7.6 The decision of the Selection Panel will be final and no correspondence will be entered into. We will send the full names of the Selection Panel to anyone who writes within one month after the end of the Application Period requesting details of the Selection Panel and who encloses a self-addressed envelope to us.

7.7 Should the Recipient fail to participate in such promotional and publicity activities required under rule 8.5 and/or make inappropriate use of the grant fund in our reasonable opinion, then we will require the Recipient to refund the grant funding.

8. GENERAL

8.1 Third party applications, bulk applications, applications submitted by agents, and applications originating at any other Internet website or email address, including but not limited to commercial competitions, subscription, notification and/or entering service sites, will be declared invalid and disqualified. The use of any device to automate the applications process is prohibited. Applications will not be returned. If submitting Your Application with a mobile phone or other web-enabled device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply. Check with your wireless service provider for details on these and any other applicable charges. You are solely responsible for any such wireless charges.

8.2 Sale, transfer or exchange of any part of the Award is strictly prohibited. Any attempt to sell, transfer or exchange any Award or element of it will result in the Award being withdrawn by us.

8.3 No responsibility is accepted for any applications that are incomplete, unreadable, ineligible, illegible, corrupted, lost or delayed or are unable to be sent due to technical or any other reason (which shall be disqualified), or for any charge by the senders network for repeat entries. Only fully completed applications that meet the requirements of these Terms and Conditions are eligible and valid. Proof of submission will not be deemed to be proof of receipt by us.

8.4 We will send the surname and county of residence of Recipient(s) to anyone who sends a letter within 1 month following the end of the Application Period to us at the address above and includes “Paco Rabanne Fund Programme” in their letter. By submitting Your Application, you acknowledge and accept these Terms and Conditions and Recipients each agree that their surname and county of residence, as well as details of their application may be released if they receive an Award, including to relevant regulatory bodies requesting such information. If an applicant objects to either or both of their surname and/or county of residence being published or made available, please contact us at partnerships@ntslive.co.uk. In such circumstances, the Promoter must still provide such information to relevant regulatory bodies requesting such information.

8.5 By submitting Your Application, you agree to take part in any promotional and publicity activities related to the Paco Rabanne Fund Programme and/or the Award as set out in these Terms and Conditions, including but not limited to the Shoot and Content and the live showcase.

8.6 By submitting an application to receive an Award under the Paco Rabanne Fund Programme, you agree not to release any publicity or other materials on your own or through someone else regarding Your Application to the Paco Rabanne Fund Programme and/or receipt of an Award without our prior written consent, which may be withheld in our sole discretion.

8.7 Your Application to the Paco Rabanne Fund Programme is voluntary.

8.8 By submitting your Application, you understand and agree that your personal information (including your biography, photo, age, location, name, email address and phone number) will be processed by us and/or the Partner for our legitimate interests, including in order to conduct and administer the Paco Rabanne Fund Programme, applications, selection of Recipients, distribution of Awards, to inform Recipients and to inform individuals, upon request, of the Recipients' details (in accordance with rule 8.4 above). If the information requested is not provided, you may not submit an application to the Paco Rabanne Fund Programme. The declared Recipients' information may be seen by the Selection Panel, solely to determine the Recipients' selection. If you are declared a Recipient, you authorise us to share your information with the Selection Panel and the Partner to distribute the Awards. For more information about the manner and purposes for which we collect and use personal information, and your rights in respect of the personal information that we hold, please visit our privacy policies at https://www.nts.live/privacy-policy and https://www.pacorabanne.com/uk/en/privacy-policy. Participants have a number of rights in relation to their information, including rights to request access, correction or deletion of the information collected and/or processed by us about them. These rights can be exercised by making a written request to partnerships@ntslive.co.uk. The collection, use and sharing of your personal information will be governed by all applicable data protection laws and regulations, including, without limitation, the laws promulgated on the matter by the European Union, such as the General Data Protection Regulation (EU) 2016/679, and applicable national provisions.

8.9 With Recipients’ consent, we and the Partner may use the Shoot and Content for each Recipient and the Recipients' personal information (including Recipients' names, biographical information, photographs or other likeness) in all media and formats whether now or later known or developed (including without limitation on the Website, the Hub, our and the Partner's or any third party media company's websites, publications and social media platforms), until such time as the relevant Recipient withdraws their consent and without any territorial limit and without any further reference, payment or other compensation to Recipients, and we may require their appearance at promotional and publicity events without any additional compensation (save for reasonable travel expenses) as required by us and/or the Partner to identify them as a Recipient of an Award under the Paco Rabanne Fund Programme and for advertising, publicity and promotional purposes in connection with the Paco Rabanne Fund Programme, the Award, future iterations of the Paco Rabanne Fund Programme and other activities related to the Paco Rabanne Fund.

8.10 We will only keep your personal information for as long as it is necessary for the purposes set out in these Terms and Conditions and/or set out in the privacy notices above, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). Unless you have explicitly opted-in to receiving marketing communications from us and/or the Partner, we and/or the Partner (as relevant) will destroy other personal information collected from you within three (3) months after the end of the Application Period, save for information used for publicity purposes, which may remain available on the Website, the Hub, our and the Partner's or any or third party social media or other platforms until such time as the relevant Recipient withdraws their consent to process such personal information.

8.11 We reserve the right to withdraw, amend or suspend the Paco Rabanne Fund Programme and any Awards in the event of:

(a) unforeseen circumstances or circumstances outside of its control, which prevent it from operating and administering the Paco Rabanne Fund Programme. Where possible, we will use all reasonable endeavours to minimise the effect to applicants to avoid undue disappointment; and

(b) if the integrity of the Paco Rabanne Fund Programme is at risk.

8.12 All changes to the Terms and Conditions will be posted in revised terms and conditions on the Website.

8.13 To the extent permitted by applicable law, you agree that we and the Partner will (except to the extent that death or any personal injury occurs as a result of our or the Partner's negligence or in the event of fraud) have no liability for and shall be held harmless by you against any injuries, losses or damages of any kind (including without limitation, direct, indirect, incidental, consequential, or punitive damages) to persons or property resulting in whole or in part, directly or indirectly, from, possession, misuse, non-use or use (and/or participation) of the Award (or element of the Award), application, or participation in the Paco Rabanne Fund Programme or in any related activity, including access to and use of the Website and the Hub, any travel or travel-related activity, the Award experience or any claims based on publicity rights, defamation or invasion of privacy.

8.14 The Awards are awarded “as-is” with no warranty or guarantee, either express or implied. Recipients are responsible for all applicable taxes, if any, as well as any other costs and expenses associated with acceptance and/or use of the Awards that are not specified herein as being provided.

8.15 On behalf of Puig, the Partner shall be responsible for making payment of the grant of up to five thousand GBP sterling (£5,000) to the Recipient(s). The Partner shall be exclusively responsible for the mentoring programme.

8.16 The Awards must not be used for any illegal or immoral purposes

8.17 The Paco Rabanne Fund Programme and these Terms and Conditions are governed by English law and are subject to the exclusive jurisdiction of the English courts.

8.18 If any provision of these Terms and Conditions is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions otherwise remain in full force and effect and are enforceable.

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