WHITLEY "HEAD, FIRST, DOWN"

REMIX COMPETITION TERMS AND CONDITIONS

1. Entry to the competition is open to all persons with a valid email address (User), other than employees (and their families) of Dew Process, their associated agencies or related bodies corporate.

2. The competition commences on Friday 23 October and closes Friday December 5th. No responsibility will be accepted for entries which are lost, misdirected, corrupted, damaged, illegible, which fail to arrive by the closing date, which are affected in any way by the malfunction of e-mail programs or servers, which contain incomplete and incorrect entrant contact details or automatically generated entries. All entries will become the property of Dew Process.

3. All rights in and to any master recording containing any part of the stems ("Remixes") of the song "Head, First, Down" by Whitley ("the Song") created by the User shall be owned by Dew Process Recordings Pty Limited ("Dew Process").

4. To the extent necessary the User hereby assigns all rights in the Remixes of the Song to Dew Process throughout the World for the full life of copyright and any and all extensions and renewals thereof.  If requested by Dew Process, the User shall complete and sign a formal assignment of copyright to give effect to the foregoing.

5. Dew Process will be registered and credited as the sole writers and Dew Process Publishing the publishers of the Remixes of the Song created by the User.

6. The User will not acquire a copyright interest in the Song by virtue of creating Remixes of the Song.

7. The User warrants that the Remixes of the Song do not incorporate any samples or other materials which are subject to third party proprietary rights (for the avoidance of doubt this includes but is not limited to, other Whitley sound recordings) or otherwise infringe the rights of any third party.

8. The User confirms that the Remixes of the Song are not obscene, defamatory, libellous, threatening, harassing, hateful, racially or ethnically offensive, or encouraging of conduct that would be considered a criminal offence, gives rise to civil liability, or violate any law.

9. The User will not exploit, or allow others to exploit, the Remixes of the Song created by the User without seeking the prior approval of Dew Process.  If the User wishes to commercially use their Remix they should send full details to John Mullen, A&R Manager, at john@dew-process.com

10. The User confirms and warrants that they have full power and authority to enter into this agreement and hereby indemnify Dew Process from and against any and all costs and damages incurred as a result of any breach of the representations and warranties made by the User herein.

11. The winner of the competition will be awarded the prize. The prize consists of a double pass to enter any headline show by a Dew Process artist for a period of 12 months from the date the winner notifies Dew Process of their acceptance of the prize, and a signed copy of Whitley’s new album “Go Forth, Find Mammoth”. The prize excludes festivals and shows where a Dew Process artist is in a support slot. The winner must notify Dew Process within 21 days if they wish to attend a show. For a full listing of Dew Process’ roster, see www.dew-process.com.

12. The competition will be judged by Whitley (Lawrence Greenwood), by a member of his management team or Dew Process Recordings. Each entry will be judged on creative merit. Chance plays no part in the determination of the winner. The prize winner will be determined on Monday 5th December at Dew Process’ registered office. The judges’ decision is final and binding upon all entrants and no correspondence will be entered into. If the prize winner is under 18 years of age, the prize may be awarded to the winner’s parent or guardian. Dew Process reserves the right to withdraw or change the conditions of the competition at any time.

13. If the prize, or any part of the prize, is unavailable, Dew Process, in its discretion, reserves the right to substitute the prize, or any part of the prize, with a prize of approximate value and/or specification, subject to any written directions from a regulatory authority.

14. If this competition is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of Dew Process, then Dew Process reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the competition, as appropriate. Dew Process and their associated agencies shall not be liable in any way if the performance of their obligations hereunder is delayed or becomes impossible by reason of any Act of God, war, fire, earthquake, strike, sickness, accident, civil commotion or any other cause.

15. Dew Process collects personal information in order to conduct the competition and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, offer suppliers and as required, to Australian regulatory authorities. Awarding of the prize is conditional on providing such information as requested by Dew Process. Dew Process may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the winner. The winner should direct any request to access, update or correct information to Dew Process.

16. The promoter of the competition is Dew Process of 55 Anderson Street, Fortitude Valley, Queensland, 4006, Australia, A.C.N. 094 956 242.