Horizons 12: Terms and Conditions

Here are the terms and conditions for bands and/or artistes wishing to be considered for Horizons/Gorwelion scheme (“the Scheme”) – the music initiative by BBC Cymru Wales and the Arts Council of Wales. Applications for the Scheme must be received by BBC Cymru Wales no later than Midnight, May 1, 2019.

1. The band and/or artistes (“the Applicants”) submitting the Horizons/Gorwelion Application Form (“the Application Form”) must confirm that the information included on the Application Form is truthful and accurate. Application Forms for bands are to be completed by one member of the band and that person, having the consent to make the application by the rest of the band, is agreeing that the information on the Application form is truthful and accurate for the entire band and that all members of the band shall meet the terms and conditions of entry to the Scheme.
2. In submitting the Application Form the Applicant confirms that they understand the nature and content of the Scheme.
3. The Applicants confirm that they are and where the Application Form is from a band that all band members are not under the age of 16 years of age at the time of entry.
4. Solo artists must be domiciled in Wales and have had a valid Welsh address for at least 6 months prior to the entry date. Bands must demonstrate that a significant number of the band are domiciled in Wales and have had a valid Welsh address for at least 6 months prior to date of entry. Students based at a transient address but affiliated with a permanent address in Wales will still be considered eligible, but must prove student status.
5. Proof of age, identity and eligibility may be required from the Applicants.
6. Applicants shall not be eligible to enter the Scheme if they are signed to a major record label prior to the date of entry ( which shall for these purposes mean any label belonging to any of the larger record companies including but not limited to: Sony Music Entertainment, Warner Music Group, Universal Music Group and their subsidiaries).
7. Applicants who have released their own material on commercial disc and/or download format and/or on a small independent record label will be eligible to enter the Scheme provided there are no restrictions placed upon them or their music by their independent record label or any other third party meaning they cannot comply with the terms and conditions of entry.
8. The Applicants understand and acknowledge that their performances and/or contributions to the Scheme must comply with the BBC’s Editorial Guidelines and that their performances and/or contributions shall not contain anything which is an infringement of copyright or which is calculated to bring the BBC into disrepute or which is defamatory.
9. By completing and submitting the Application Form the Applicant is agreeing to the BBC’s Privacy Policy and Cookies Policy.
10. The Application Forms shall be accessed by a panel of selected staff of BBC Cymru Wales and Arts Council of Wales and invited industry experts and their decision on who is offered a place on the Scheme is final.
11. BBC Cymru Wales and Arts Council of Wales staff or their close relatives will not be eligible for the Scheme.
12. Applicants who are selected to join the Scheme assign complete copyright in their performances and/or contributions given under the Scheme and give all consents as may be required under the BBC Copyright, Designs and Patents Act 1998 (as amended) and grant to the BBC any and all rights necessary to enable the BBC to make the fullest use of its recordings without restriction in any and all media throughout the world for the duration of such rights.
13. The underlying copyright in Applicant’s performances and/or contribution(s) given under the Scheme (e.g. music composition, lyrics, etc.) will remain with the rights holder and BBC acknowledges that permission to the BBC is not exclusive, so that band/artistes may continue to use the material in any way including allowing others to use it.
14. Applicants agree that the BBC may mention, display and use their name and/or image and/or likeness in connection with the Scheme and acknowledges that this shall be entirely at the BBC’s editorial discretion.
15. Applicants who apply to join the Scheme will be expected to sign an agreement saying they have understood and agree to these terms and conditions and they will also participate in publicity activity including working with the BBC Cymru Wales marketing department.
16. The BBC reserves the right to: cancel, change or adapt the terms and conditions of the Scheme at any time for editorial purposes or if there are conditions beyond their control; ban any band or artist at any time from the Scheme if they have breached these terms and conditions and/or behave offensively and/or bring the BBC into disrepute.
17. The BBC shall not be liable to any Applicants or their legal representative for any loss or damage or injury to the Applicant or their property caused or suffered in connection with participation on the Scheme, unless caused by the negligence of the BBC and recoverable on that ground.
18. UK broadcasters, including the BBC, are researching diversity on their programmes. This covers diversity characteristics that successful Applicants to the Scheme choose to tell the broadcasters about and also how the audience might perceive diversity on BBC programmes. Successful Applicants understand that the BBC will enter email addresses of the Applicants (or the email address of parents/guardians of those under 18 years of age) in a system called Silvermouse, a third party database set up to collect diversity data for the BBC and other broadcasters, and that successful Applicants will be invited to provide, and may do so at their option, diversity characteristics – gender, ethnicity, disability, age and if over 13 years of age, gender identity and sexual orientation. A member of the Scheme’s production team will also be recording perceived data for all people they see onscreen/on air (as applicable) using the same characteristics.
19. These Terms and Conditions are governed by the laws of England and Wales.

Horizons 12: Intellectual Property

By providing any material to the BBC (including any text, photographs, graphics, video, or audio), the Horizons 12 bands/artists agree to grant to the BBC, free of charge, permission to use the material in any way it wants (including modifying and adapting it for operational and editorial reasons) for BBC services in any media worldwide (including on the BBC’s site accessed by international users). In certain circumstance the BBC may also share the material with trusted third parties, particularly the BBC’s partner Arts Council of Wales.

The underlying copyright in Horizons 12 bands/artists contribution(s) will remain with the rights holder and BBC acknowledges that permission to the BBC is not exclusive, so bands/artists may continue to use the material in any way including allowing others to use it. For the avoidance of doubt, BBC shall own and/or retain the copyright in any BBC produced written material, photographs, audio content, audio-visual content, programmes and broadcast material.

In order that the BBC can use any material provided by the Horizons 12 bands/artists and/or content produced by or on behalf of the BBC as part of or in connection with the Horizons 12 scheme featuring bands/artists, the bands/artists confirm that: (i) such material is their own original work, is not defamatory and does not infringe any UK laws; (ii) the bands/artists have the right to give the BBC permission to use it for the purposes specified above; and (iii) the bands/artists have the consent of anyone who is identifiable in the material, or their parent or guardian, where applicable.

BBC will normally show Horizons 12 bands/artists name with their contribution, unless requested otherwise, but for operational reasons this is not always possible. The BBC may need to contact bands/artists for administrative or verification purposes in relation to the material or in relation to particular projects. For full details of when and how we may contact the bands/artists please see the BBC's Privacy Policy plus any local terms where applicable.

If bands/artists do not wish to grant the BBC the permission set out above on these terms, they should not apply for the scheme.

The songs/music must be suitable for broadcast (as stated in the Horizons’ Terms and Conditions i.e language must comply with BBC Editorial Standards).

The selection panel members will be expected to sign a declaration of impartiality.

BBC Cymru Wales and Arts Council of Wales retain the right to cancel or adapt the scheme at any time if that is deemed an editorial necessity or if changed circumstances beyond their control call for such action.

This scheme shall be administered by the BBC in partnership with Arts Council of Wales and is subject to the law of England and Wales.

For any questions regarding Horizons’ terms and conditions or eligibility please contact the BBC at horizons@bbc.co.uk