NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  

1. INTRODUCTION

These terms and conditions (these “Terms and Conditions”) govern your (“you”, “your”, or “Entrant”) participation in the Miller Mix Producer Competition: Australia (the “Contest”) operated by Beatport, LLC (“Beatport”). By entering the Contest, you agree that you have read these terms and agree to be bound by them. Please read carefully, as these terms form a binding legal agreement between you and Beatport.

The purpose of the Contest is not to motivate or encourage individuals or Entrants to drink alcoholic beverages, but rather, to make people love music and raise awareness among a large sect of society.    

2.  ENTRY PERIOD:

The Contest consists of certain phases as set forth below:

Submissions for the Contest (each, an “Entry”, collectively, the “Entries”) will be accepted from the time at which the Opportunity Portal (as defined below) is made available on November 11, 2024 at 12:01am GMT+11 to December 16, 2024 11:59PM GMT+11 (the “Entry Period”). Entries received before or after the Entry Period will not be accepted or eligible to win. Beatport’s clock is the official clock of this Contest. 

NOTE: ALL DATES ARE SUBJECT TO CHANGE AT BEATPORT’S SOLE DISCRETION. PLEASE REFER TO THE OPPORTUNITY PORTAL FOR ACTUAL DATES. IF ANY DATES ON THE OPPORTUNITY PORTAL ARE DIFFERENT THAN THOSE POSTED HERE, THE OPPORTUNITY PORTAL WILL BE THE TRUE AND ACTUAL DATE.

3. ELIGIBILITY:

This Contest is open only to Entrants that reside in Australia. To enter this Contest, you are required to be eighteen (18) years of age or older  at the time of entry, and, if selected as a Winner, you must provide proof of age and residency in Australia in order to accept any Prizes (as defined below). Likewise, if you are under eighteen (18) and participated in the Contest, you will not be eligible to receive any Prizes. You must also be available to participate in activities associated with the Prizes (as defined below) to be named as a Winner. 

The Contest is not open to: (a) employees of Beatport or any of the companies offering a prize for the Contest, any advertising, promotion, production or publicity agency doing business with any of the above, or any of their respective parents, subsidiaries, and affiliated companies, or any member of the immediate family or individual living in the same household of such employees (whether related or not) or of anyone connected with the administration of the Contest; or, (b) any Entrant currently engaged in a contractual agreement (verbal or written) which would prohibit him or her from participation or restrict Beatport’s right to potentially release and distribute the Track (as defined below).

Beatport may prohibit any Entrant from participating in or winning the Contest if, in Beatport’s sole discretion, Beatport determines the Entrant is attempting to undermine the legitimate operation of the Contest by (i) cheating, deceiving, or utilizing other unfair practices; (ii) violating the Rules; (iii) refusing to accept any prizes or complete any obligations therefor; (iv) submitting an Entry which violates the copyright of another; or (v) acting in any disruptive manner during, or after, the Contest. By submitting an Entry, the Entrant accepts the terms of these Terms and Conditions and agrees to be bound by the decisions of the Judges (as defined below), which will be final. To be eligible to enter this Contest, you warrant and represent that your Entry:

1. is submitted in good faith;

2. does not infringe any third party’s intellectual property rights or contain unlicensed material or samples;

3. is not defamatory, offensive, threatening, discriminatory, distasteful, pornographic, sexual, or illegal;

4. can be submitted to the Opportunity Portal (as defined below) and used without breaching any contractual obligation to any person; and,

5. does not contain anything which may be confidential or commercially sensitive. 

4. HOW TO ENTER:

To participate and enter into this Contest, you must create a LabelRadar account at www.labelradar.com. Creating a LabelRadar account is free. You must then produce an original track (the “Track”) utilizing various elements of the “The Miller Mix Sound Pack'' instrument pack (the “Instrument Pack”) to be made available via the opportunities web page on the LabelRadar website (the “Opportunity Portal”). You must then submit your Entry via the Opportunity Portal before the conclusion of the Entry Period in order to be considered a valid Entry. In order to download the Instrument Pack, you must provide your first name, last name, and a valid email address via the Opportunity Portal. 

Each Entrant may enter only once. Multiple submissions by any one Entrant may be cause for disqualification. Beatport is not responsible for any changes or effects caused to the Entrant's computer system as a result of a submission of an Entry. Only electronic Entries submitted via the Contest web page will be accepted. Entries submitted via any other method, including, but not limited to, US Postal Service, fax, or express delivery service will NOT be accepted. By uploading a track, Entrant warrants and affirms that Entrant is the sole creator of the track. 

5. JUDGING CRITERIA

From all Entries submitted during the Entry Period, Beatport will adhere to the following selection process:

1. Upon the Conclusion of the Entry Period, members of the general public with an active LabelRadar account will have the opportunity to submit a vote for their favorite Entry via the Opportunity Portal no later than the date specified therein (the “Community Vote”), which Beatport shall use to determine a shortlist of potential Winning Tracks (as defined below);
2. Beatport shall then elect a panel of judges (the “Judges”) who will select a Winner based on: (i) originality (50%); and (ii) quality of the Track (50%); and, 
3. Beatport shall announce the Winner via Beatport’s officially branded social media platforms on December 20, 2024 (the “Winner Announcement Date”). 

During the Community Vote, each Track can only be "liked" or "upvoted" once per LabelRadar account via the Opportunity Portal. Duplicate votes from the same account will not be counted. To ensure the validity of votes, individuals shall be required to sign up for, or log in via, a LabelRadar account in order to be eligible to participate in the Community Vote.

Individuals participating in the Community Vote shall have the option to register as either a fan or an artist when voting.

6. PRIZES:

The prizes for this Contest (each a “Prize” and collectively, the “Prizes”) are defined in Exhibit B attached hereto.

All Prizes are subject to availability and may be substituted with an alternate Prize of equal value if necessary. All estimated values are provided in USD. Travel and accommodation details to be organized with the Winner on or around the Winner Announcement Date. Any guest that Winner selects to join them at the Event shall be responsible for their own travel to and from Sydney, Australia, as well as any lodging. 

In order to be eligible to accept the Prizes, Winner must be capable of providing proof of residency within Australia and Winner must provide proof of age to be able to actively engage in the outlined Prize-related activities. 

All incidental expenses not expressly set forth in the Prizes will be Winner’s responsibility.  No substitution, cash redemption or transfer of the Prizes by the Winner is permitted, but Beatport reserves the right to substitute a prize of equal or greater value for all listed Prize items. 

Odds of winning depend on the number of eligible Entries received. Any taxes owed as a result of winning are the sole responsibility of the Winner.

7. NOTIFICATION OF WINNER:

The Winner will be contacted on or around December 20, 2024 at the email address provided upon submission of the Entry to the Opportunity Portal. If Winner fails to respond to Beatport’s attempt to contact Winner within forty-eight (48) hours, Winner may forfeit their right to receive the Prizes.  

8.  RELEASE AND INDEMNITY: 

It is expressly understood that the Beatport is  under no obligation to you other than as expressly set forth in these Terms and Conditions. Beatport shall not be responsible for any damages, taxes, or expenses that any Winner may incur as a result of this Contest or receipt of the Prizes.

You agree to release, indemnify, defend and hold harmless Beatport, its respective licensees, franchisees, affiliates, parent companies, subsidiaries, successors and their respective directors, officers, employees, and advertising and production agencies from all claims, losses, liabilities and demands arising out of or in connection with (i) your participation in the Contest, (ii) your acceptance, possession, or use of the Prizes, and, without limiting the generality of the above, from any loss of or damage to property or injury or death to any person while using the Prizes or participating in the Contest, or (iv) any claim that your Entry or Beatport’s use, distribution or commercialization of the Entry violates any copyright, intellectual property right or other proprietary right of any party.

Winners waive the right to (1) assert as a claim the cost of winning any Prizes and all costs of verification and redemption to redeem said Prizes, and (2) any liability claim which might arise from redeeming or seeking to redeem the Prizes.

Beatport is not responsible for phone, network, electronic or computer hardware or software failure or technical failures of any kinds, lost or unavailable network connections, incomplete, garbled or delayed computer transmissions, whether caused by Beatport, or another party, or by any of the programming or equipment associated with or utilized in the promotion or by any technical or human error which may occur in the processing of which may damage a user’s system or limit your ability to participate in the Contest.

If for any reason your Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole remedy is the opportunity to provide another Entry to the Contest, provided the Entry Period has not expired.

9. DATA PROTECTION AND PUBLICITY: 

For the Contest, Beatport is the data controller of any personal data collected. Beatport will not disclose any personal data relating to Entrants without consent to third parties unless the third party is for a permitted company purpose. Personal data will be retained by Beatport for a reasonable and proportionate period after the Contest closes to allow Beatport to manage queries on this Contest. 

Beatport shall take reasonable steps and technical measures by using security software to prevent personal data from being misused.

10.  LIMITATION OF LIABILITY: 

Beatport reserves the right to cancel or modify the Contest (or any portion thereof) if fraud, misconduct or technical failures destroy the integrity of the Contest or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Contest, as determined by Beatport, in its sole discretion. Entrant may be requested to provide Beatport with proof that the Entrant is the authorized producer of the submitted track. Beatport reserves the right to prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Rules.  

11.  PRIVACY: 

By entering the Contest, you grant your express permission to be contacted by Beatport via email, or any other Beatport-branded social channels. By participating in the Contest, you hereby acknowledge and agree that Beatport may collect and use the personal information submitted by you to administer the Contest pursuant to Beatport’s Privacy Policy, located here: 

https://support.beatport.com/hc/en-us/articles/4412316093588--Privacy-and-Cookie-Policy

12.  MODIFICATION OR WAIVER: 

Only an authorized officer of the Beatport shall have the right to modify or amend these Terms and Conditions. As such, Beatport reserves the right to modify these Terms and Conditions for any reason, or no reason at all, at any time. Likewise, Beatport reserves the right in their sole discretion to cancel or suspend the Contest at any time for any reason, or no reason at all. 

The Beatport’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that or any other provision. 

13.  MISCELLANEOUS  

You agree that: (i) any and all disputes, claims and causes of action arising out of or connected with the Contest or the Prizes awarded shall be resolved individually, without resorting to any form of class action, and exclusively by the Turkish Courts ; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest but you may not recover any attorneys’ fees, costs, punitive, incidental or consequential damages; and (iii) to the extent not prohibited by applicable law, you waive any right to a jury trial in any forum in respect to any issue, claim or cause of action arising out of or based on the subject matter hereof. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of you, or Beatport, in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Australia without giving effect to any choice of law or conflict of law rules. The Contest is void where prohibited, restricted or regulated by law. Failure by Beatport to enforce any of its rights or these Terms and Conditions at any stage does not constitute a waiver of those rights. You hereby represent and warrant that you have read these Terms and Conditions and are fully familiar with the contents.

EXHIBIT B:

PRIZES

1. The Winner will receive the following Prizes:

*Beatport shall have the right to refuse to release and distribute the Winning Track, or may, at its own discretion, decide not to include the release or distribution of the Winning Track as a Prize to be awarded to the Winner. In event that Beatport elect to release or distribute the Winning Track, the Winner shall be required to (a) convey to Beatport all right, title, and interest, including, without limitation, the copyrights in the Winning Track; (b) grant to Beatport the sub-licensable, gratis right to use Winner’s name(s), likeness(es), and other biographical material(s) provided by Winner (collectively, “Name & Likeness”) in connection with the potential manufacture, distribution, marketing, promotion, sale and/or other exploitation of the Winning Track; and (c) agree to a standard royalty split by way of separate agreement in order for the Winning Track to be included in The Miller Mix EP. A mutually signed agreement for distribution of the Winning Track is a requirement for the Winning Track to be included on The Moment EP. 

**The Winner must be a resident of Australia. If Winner resides in Australia, but outside of Sydney, Beatport will cover travel expenses to transport Winner to the site of the Event. The method of travel provided by Beatport shall be dependent on Winner's location and distance from the Event. Likewise, lodging accommodations will be provided for Winner only if they reside outside the city limits of Sydney.