OFFICIAL RULES, TERMS AND CONDITIONS OF THE AUSTIN MUSIC INCUBATOR APPLICATION

ATTN:  TO APPLY TO THE AUSTIN MUSIC INCUBATOR YOU MUST AGREE TO THE FOLLOWING TERMS.  WHEN SUBMITTING YOUR APPLICATION YOU WILL BE REQUIRED TO AGREE TO THESE TERMS.  BE SURE TO READ THIS DOCUMENT CAREFULLY. CLICK HERE TO READ THE COMPLETE SUMMARY OF TERMS.

Eligible applications must include all component documents and a non-refundable application fee, payable to the Austin Music Foundation. 

To apply online (STRONGLY PREFERRED):  An online application is available through the Austin Music Foundation web site at www.austinmusicfoundation.org
To apply by regular mail:  Mail your application and all component documents to:  Austin Music Foundation - Incubator, P.O. Box 4309, Austin, TX 78765.   Austin Music Foundation assumes no responsibility for lost, late, damaged, misdirected, illegible, incomplete or postage-due mail applications.  Typed applications are strongly preferred.   

Eligibility Requirements.  Applicants must:  (i) Have a permanent residence in Austin or within 50 miles of Austin; (ii) Have previously produced a demo or full-length recording; (iii) Not be currently under contract with a nationally-recognized record label or publisher (includes major record labels and any subsidiaries, as well as independent record labels with national distribution agreements); (iv) Have sufficient original new material to complete a full-length recording; (v) Have the ability to contribute a $500 Incubator participation fee; (vi) Already own or have arrangements to acquire instruments, equipment and rehearsal space; (vii) Be a member of the Austin Music Foundation; (viii) Not be currently involved in any litigation, investigation or proceeding, nor have any reasonable basis to believe such litigation, investigation or proceeding is likely; and (ix) Not be family members of Austin Music Foundation employees, executive staff, Board of Directors members or Advisory Board members.

Application components & Deadlines.  Applicants must submit a completed application form (including typed essays), signed Official Rules, Terms and Conditions (this document), two copies of a press kit (no longer than 3 pages in length and suitable for reproduction), a photo, and a $20 Application Fee if application is postmarked by January 5th, 2005 or $30 Application Fee if postmarked by January 13th, 2005 payable to the Austin Music Foundation. Applicants are also required to submit two copies of original recorded music with their applications with two tracks designated for consideration.
All applications and any attachments or component parts thereof must be postmarked, e-mailed or posted online by 11:59 p.m. C.S.T. on January 13th, 2005 to be considered for the 2005/2006 Austin Music Incubator.  There is a limit of one application per act.  Should multiple applications be received from an artist or band, only one such application will be eligible for consideration.

Applications will be judged by Austin Music Foundation's Advisory Board, which will apply the following criteria: originality; professionalism; creativity; musicianship; songwriting/lyrics; stage presence; and career commitment.  Applicant finalists will be required to participate in an interview on February 24th, 2005 for no more than thirty (30) minutes in duration for the purpose of allowing finalists a personal opportunity to expand on the information provided in the written application, as well as a thirty (30) minute performance before the selection panel.  Winners will be selected no later April 2005. 

Austin Music Incubator Finalists and Participants must be available for performances on March 5, 2005 and March 18, 2005.  Incubator Participants must be available and able to travel during the program period within the United Stated for conferences, festivals, showcases and other performances as determined in the reasonable discretion of Austin Music Foundation.
Incubator Participants must provide positive identification specified by Austin Music Foundation to claim a spot in the 2005/06 Austin Music Incubator and will be required to sign and return liability and publicity releases within three (3) days of notification, as well as an Incubator Participant agreement, or the spot will be forfeited and awarded to an alternate winner.  Each Incubator Participant must agree that Austin Music Foundation may use his or her name, likeness and/or biographical data for advertising and promotional purposes on any and all media without additional compensation. 

All submitted application materials, and the component parts thereof, become the property of Austin Music Foundation and will not be returned to the applicant.  Austin Music Foundation shall have an absolute right to use, publish or compile the name of any applicant, any photographs submitted with the application, and any aggregate statistical or demographic information about the applicants, as well as the right to copy any music submitted with the application for internal, non-commercial use, including distribution to and duplication by third parties.  Austin Music Foundation and its agents or designees shall have the right to use, adapt, edit and/or modify such application, including the component parts thereof, including any text or other data file, in any way, for marketing or promotional purposes.

All materials submitted as part of an application, including, without limitation, any music, must be the original work of the applicant, must not infringe any third party rights, and must be suitable for publication (i.e., not obscene or indecent).  Applicants waive all rights and remedies at law or in equity for any claim they may have relating to this grant of rights.  Notwithstanding anything contained herein, Austin Music Foundation makes no claim to copyright in either the musical recordings submitted or the underlying musical compositions, such rights being reserved to the applicant.

Austin Music Foundation reserves the right to amend or modify any and all portions of the application, review, selection and program process, up to and including the amount of funds to be allocated for the winner's benefit.  At any time, Austin Music Foundation reserves the right to terminate an applicant's or winner's participation in the Austin Music Incubator program with due cause.

This contest shall only be construed and evaluated according to United States law, and submission of an application constitutes acceptance of the applicable laws of the United States.  This contest is void where prohibited.

IN WITNESS WHEREOF, the undersigned hereby acknowledges and agrees to the terms, conditions and covenants specified herein, as evidenced by the signature below.