Rules and Regulations:
1.
Definitions
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.
Qualifications
2.1
The Competition is open to all songwriters (amateur
or professional) worldwide who are of Filipino citizenship or of Filipino
descent.
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.
4.2
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
Lyrics
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 of Entries
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 a capella.
However, instrumental compositions are not allowed.
4.4.4
The song must not exceed four (4) minutes
inclusive of intro and extro.
4.4.5
Entries submitted to ABS-CBN shall not be
returned.
5.
Dissemination of Entry forms
Entry forms may
be downloaded, free of charge, from the link below or picked up from designated pick-up points as the Competition Committee may announce.
Download link: ________________________
Download link: ________________________
6.
Submission of Entries
6.1
Entries shall be submitted:
6.1.1
By email;
6.1.2 Online at http://himighandog.abs-cbn.com/p/submit-online.html
6.1.3 Via courier; and
6.2 Entries sent by courier should be addressed to:
HIMIG HANDOG LOVE SONGS SECRETARIAT
c/o STAR CREATIVES GROUP
ABS-CBN Broadcasting Corporation
2F ELJ Building, Eugenio Lopez Drive,
Quezon City 1000
PHILIPPINES
Tel.
No. (02) 415-2272 (Local 3423, 3621 or 3415)
Email:
himighandog@abs-cbn.com
6.3 Entries sent by e-mail should be e-mailed to <himighandog2012@gmail.com>
6.4
Each entry shall be composed of:
6.4.1 a
duly accomplished entry form with lyric sheet;
6.4.2 For entries sent via Courier, a CD containing a recording of the song. For entries sent via email or uploaded online, an MP3 file. The song
file must be identified only with the correct title of the song. The composer
must not be identified in any way. ABS-CBN reserves the right to modify the
title of the song file should it not comply with this requirement.
6.4.4 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”x2” ID photo;
6.5 Notwithstanding
Par. 6.4.3, failure to comply with any of the above requirements shall be a
ground for disqualification.
6.6 The Secretariat shall check
each entry for compliance with the above requirements and in its sole
discretion may require other documents as needed.
7. Intellectual Property Rights
7.1 All entries are deemed to be the properties of the respective
Contestant/s, subject to the rights of ABS-CBN hereunder.
7.2 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.
7.3 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:
7.3.1
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;
7.3.2
to broadcast, transmit, televise, or otherwise
make available, and publicly perform, said works;
7.3.3
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;
7.3.4
to use the same for any purpose, in any manner
and by any means;
7.3.5
to cause its delivery through any mode of
delivery now or hereafter known, including, but not limited to streaming, subscription,
downloading, webcasting, etc.
7.3.6
to license or exploit the musical composition
for any commercial or legal purpose;
7.3.7
to use the name, image, and/or likeness of each
of the contestants in connection with the use and promotion of the musical
composition or any version, copy, or representation thereof;
7.3.8
to authorize the adaptation or translation of
the work;
7.3.9
to authorize the use of the entry in any article
or device, including, but not limited to, music boxes, home appliances, cellphones,
etc;
7.3.10
to authorize the production or manufacture or
merchandise using, suggesting, or being a representation of the entry or any
part thereof;
7.3.11
to authorize the modification of the work,
especially for the purpose of complying with the laws of a territory;
7.3.12
to set rates for any and all usages, in its sole
discretion;
7.3.13
to collect all revenues due on all transactions
entered into by it; and to
represent the Contestants in all matters relating to the entries;
7.3.14
to authorize third parties to do any or all of
the above, or to assign any of its rights herein;
7.4 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.
7.5 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.
8. Criteria and Screening
8.1 There
shall be three (3) sets of five (5) judges, one (1) set each for the Pre-Screening,
Screening, and Finals. The
Competition Committee shall have the sole option to choose the judges for each
set and stage.
8.2 The
general criteria are as follows:
Criteria
|
Weight
|
Standard
|
|
8.2.1
|
Melody
|
30%
|
Beauty of the melody; high
recall (hook)
|
8.2.2
|
Lyrics
|
30%
|
Beauty and meaning of lyrics
|
8.2.3
|
Musicality
|
15%
|
Melodic structure, chordal
progression, relationship of lyrics to melody, and other technical aspects.
|
8.2.4
|
Overall Impact
|
15%
|
Ability to move/affect the
audience
|
8.2.5
|
Text Votes
|
10%
|
Based solely on text votes
|
8.3 The
Finalists shall be informed of their selection and shall be required to execute
the abovementioned Exclusive Publishing Agreements.
8.4 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.
8.5
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.
8.6
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.
9. Disqualification
9.1 An Entry or Contestant may be
disqualified for:
9.1.1 Failure
to comply with or violation of Pars. 4, 5, 6.4, 7.2, or 8.2.
9.1.2 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.
9.2
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.
9.3
ABS-CBN shall have the sole discretion to
disqualify an Entry or Contestant, after according the Contestant concerned due
process.
10. Warranties
10.1
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.
10.2
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.
10.3
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.
10.4
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.
10.5
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.
11. 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.
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