Terms & Conditions

Background

Royal Bank of Canada (“RBC”) is a long-standing supporter of Canadian
youth, and of emerging Canadian artists and creators. Through initiatives
such as​ ​RBC Future Launch​and the​ ​RBC Emerging Artists Project​, RBC is
committed to supporting the next generation of Canadians creatives.

1.Program Overview

First Up with RBCxMusic (the “Program”) is intended to support emerging
Canadian recording artists across the country through a competition (the
“Competition”) commencing on [May 20, 2020] and ending on [June 4, 2020] (the “Competition Period”) to select 40
finalists (“Selected Finalists”) who will participate in a series of
recording artist 30 minute performances that will take place virtually (via
Instagram) on the Selected Finalist’s Instagram account. The performance
will form part of a broader program that includes performances from
emerging artists from across Canada.

Upcoming Key Dates

ROUND

APPLICATIONS OPEN APPLICATIONS CLOSE

1

May 20, 2020 @ 9AM EST June 4, 2020 @ 5PM EST

2. Eligibility Requirements

To be eligible to participate in the Competition, each participant
recording artist (“Recording Artist”) must:

· Be a legal resident of Canada (in the case of a band/ensemble, 50% of the
members must be residents of Canada)

· Be between the legal age of majority in their province/territory of
residence at the time of submitting their Submission (as defined below) and
35 years old·

· Have an active, ​public ​Instagram account

· Be in the early stages of their career in their art form, usually within
the first few years and therefore self-identify as emerging

· Be involved in their creative community

· Not have yet been publicly showcased outside of their primary country of
residence

· Have little presentation or publication history

· Demonstrate a commitment to devoting more time to their artistic
activity, specifically devoting a significant amount of their time per week
to their art

· Make a financial commitment to their practice and seek their primary
income from their artistic work

3. How to Make a Submission:

To enter the Competition, go to RBCxMUSICFirstUp.ca (the “ Website”) and follow the on-screen instructions to obtain
the official Competition entry form (the “Entry Form”).
Fully complete the Entry Form with all required information, which requires
you to: (i) enter your name, valid email address and city of residence;
(ii) a photo of yourself to be used for promotional material; (iii) a short
bio of 250 words or less; and (iv) signify your agreement that you have
read and agree to be legally bound by these Program Terms and Conditions
(the “Program Terms”). Once you have fully completed the Entry Form with
all required information, follow the on-screen instructions to complete
your submission (the “Submission”). To be eligible, your
Submission must be submitted and received within the Competition Period.
All eligible Submissions submitted and received during the Competition
Period will be considered for the First Up Opportunity. The Primary
Recording Artist (as hereinafter defined) must keep a digital or hard copy
of their Submission. If required, Primary Recording Artist must supply the
original recording of their Submission for use in connection with the
Competition, including (but not limited to) for potential broadcast online
or transmission by any digital means.

If it is discovered by RBC (using any evidence or other information made
available to or otherwise discovered by RBC) that any Recording Artist has
attempted to: (i) submit more than one (1) Submission during the
Competition Period; and/or (ii) use (or attempt to use) multiple names,
identities email addresses and/or any automated, macro, script, robotic or
other system(s) or program(s) to participate in or disrupt this
Competition; then he/she may be disqualified from the Competition in the
sole and absolute discretion of RBC. Your Submission may be rejected if (in
the sole and absolute discretion of RBC) the Entry Form is not fully
completed with all required information and submitted and received during
the Competition Period. The Released Parties (defined below) are not
responsible for late, lost, misdirected, delayed, incomplete or
incompatible Submissions (all of which are void).

All Submissions are subject to verification at any time and for any reason.
RBC reserves the right, in its sole and absolute discretion, to require
proof of identity and/or eligibility (in a form acceptable to RBC –
including, without limitation, government issued photo identification): (i)
for the purposes of verifying an individual’s eligibility to participate in
this Competition; (ii) for the purposes of verifying the eligibility and/or
legitimacy of a Submission submitted (or purportedly submitted) for the
purposes of this Competition; and/or (iii) for any other reason RBC deems
necessary, in its sole and absolute discretion, for the purposes of
administering this Competition in accordance with these Program Terms.
Failure to provide such proof to the satisfaction of RBC in a timely manner
may result in disqualification in the sole and absolute discretion of RBC.

4. Multiple Recording Artists for a Submission – Requirements:

● If there are multiple Recording Artists who form part of an ensemble, the
primary applicant shall also be the primary Recording Artist for that
ensemble (“Primary Recording Artist”).

● Each of the Recording Artists in an ensemble will be required to complete
an Entry Form.

● By submitting a Submission, the Primary Recording Artist warrants that
all Recording Artists that form part of their ensemble have acknowledged
and agreed to these Program Terms on the Entry Form.

● Primary Recording Artist and their ensemble, if applicable, can only
submit one (1) Submission during the Competition Period.

5. Submission Requirements

(a) All recorded performances that form part of the Submission must be of a
live performance by the Recording Artist(s). While post production may be
included in the Submission, no additional branding can be present.

(b) The Submission must be entirely original to the Recording Artist(s).

(c) The Submission must not, in the sole and unfettered
discretion of RBC, contain:

(i) any copyright works (all content must contain entirely original
materials to the Recording Artist(s));

(ii) any sexually explicit, disparaging, malicious discriminatory, libelous
or other inappropriate content;

(iii) any commercial content that promotes any product or service.

d) Each Submission may be submitted only once.

6. Technical Specifications

Each Submission must comply with the following format:

· iPhone video recording of the entire :30 min performance shot in vertical
16:9 format.

· Video recording must be broken up into three 10 minute segments

· Submission must identify at least three excerpts (time-stamped) of no
more than 15 seconds each (with aspect ratios of 9:16, suitable for an
Instagram story)

7. Selection Process

1. The forty (40) Selected Finalists will be selected by a panel of judges
to be convened by RBC (the “Panel”).

2. The Panel will review and assess all submitted Submissions, and will
make their recommendations based on the following criteria:

i. Commitment to music as a primary income – 30%

ii. Level of activity on Instagram – 10%

iii. Level of professionalism – 20%

iv. Execution quality – 30%

v. Geographic location – 10%

3. All Panel deliberations are confidential.

4. Following the review and selection process, on or about June 4, 2020 a 3 rd party representative of RBC will contact the shortlisted
finalists to book a scheduled performance date and time. If a shortlisted
finalist decides to decline the First Up Opportunity, RBC will then
approach the next shortlisted finalist in order of ranking.

5. All shortlisted finalists, once they have completed all of the
requirements set forth in these Program Terms including signing the Artist
Agreement, will become the Selected Finalists and will be announced
publicly via RBCxMusic owned social channels. Following this, Selected
Finalists can release their performance on their Instagram Channel in
accordance with the Program Terms and their Artist Agreement.

8. Recording Artist License

1. Applicant hereby grants to RBC, a non-exclusive, royalty-free,
perpetual, irrevocable, worldwide license to use the Submission and the
Performance Content (defined below) in and on any and all media, now and
hereafter devised, for any purpose.

2. Except as set forth above, Recording Artist has the exclusive ownership
of any and all right, title, and interest in the Performance Content, as
well as any copyrights relating thereto.

9. Participation Requirements

· If a Recording Artist(s) (including their ensemble, if applicable)
becomes a Selected Finalist, they will be required to enter into an Artist
Agreement with RBC and RBC’s agent that will set out the details of their
participation and the plan to release their Performance Content​.

· The Selected Finalist will be provided with an Instagram story and
in-feed templated invite to post on their story ahead of the date of their
performance (1-2 days in advance).

· Each performance will be comprised of a thirty (30) minute set which can
include the songs of the Recording Artist’s choosing, and can be broken
into smaller content (collectively, “Performance Content”) which shall be
subject to RBC’s final approval prior to release.

· All performances whether forming part of the Submission or the
Performance Content will be pre-recorded by the Recording Artist(s),
adhering to the government regulated social distancing practices in effect.

· RBC will require the Selected Finalists to submit their list of songs and
Performance Content within 3 days of confirmation of becoming a Selected
Finalist.

· Performance Content must be original to the Selected Finalist and must
comply with the requirements set out Section 5 of these Program Terms.

· Recording Artist must apply the RBC branding provided by RBC in advance
of the performance which shall in no way be altered by Recording Artist

· When performing, please ensure you are in a well-lit location with low
background noise

Notwithstanding any of the foregoing, to the extent the Performance Content
or any part thereof is not consistent with the music originally submitted
in the Submission or the values of RBC, RBC shall have the sole and
unfettered discretion to preclude the Selected Finalist from participating
in the performance or may require the Selected Finalist to either modify or
remove any of the content in the Performance Content prior to release.

10. Social Posting

Selected Finalist is required to complete the following (each action to
include tagging @RBCxMUSIC and using the hashtag #Sponsored and #FirstUp):

(a)
Lineup Announcement

IG STORIES

· Post a minimum of one (1) RBCxMusic’s IG Artist Announcement on IG Story
(asset provided by RBC) on date/time agreed upon

· Post a minimum of one (1) IG Story reacting to being selected as a
Selected Finalist on date/time agreed upon

· Post a minimum of one (1) IG story of the provided Performance Schedule
post. on date/time agreed upon

(b)
Performance

IG STORIES

§ Post a minimum of one (1) “Tune In” message between dates agreed upon

§ Post a the provided streaming schedule to encourage your audience to
continue watching the remaining “First Up“ performances within 24 hours of
your performance.

IG IN FEED

§ Post a minimum of one (1) performance clip within 24 hours of your
performance.

(c)
Recap

Provide screenshots of your IG insights for the above requirements.

Specifically:

– Story interactions

– In feed Post Insights

11. First Up Reward and Promotional Opportunity

RBC will select from among all eligible Recording Artists and their
ensembles, if applicable, in accordance with these Program Terms forty (40)
Selected Finalists to be recipients of the First Up Reward and Promotional
Opportunity (“First Up Opportunity”) as detailed below:

(a) A single Recording Artist without an ensemble who becomes a Selected
Finalist is eligible to receive a maximum of one (1) First Up Reward of CAD
$1000 (“Single Reward”); or

(b) Recording Artists who form part of an ensemble of 2 or more for a
Submission will receive a First Up Reward of $500 per individual up to a
maximum of CAD$1500 for the entire ensemble (“Ensemble Reward”) regardless
of the number of Recording Artists in the ensemble. The Primary Recording
Artist shall be the sole recipient of the Ensemble Reward on behalf of all
Recording Artists in the ensemble and shall be responsible for
dissemination of such amount amongst each of the Recording Artists in their
ensemble. RBC shall have no liability whatsoever in connection with such
dissemination amongst ensemble members.

(c) $500 in paid media value through a social campaign that will promote
their performance. ..

(c) Access to mentorship opportunities with industry professionals

● The First Up Opportunity must be accepted as awarded and is not
transferable, assignable or convertible to cash. No substitutions except at
RBC’s option.

RBCxMusic will provide 100% of the Single Reward or Ensemble Reward, as the
case may be, once performance is posted and all Program Terms and terms of
the Artist Agreement are met. Funds will be paid out between four (4) to
seven (7) days following said completion date. The funds will be delivered
in the form of an Interac e-Transfer or such other form that the
parties may agree.

12. General:

By entering this Competition, each Recording Artist expressly consents to RBC, its agents and/or representatives, storing, sharing and using the personal information submitted with their Submission only for the purpose of administering the Competition and in accordance with RBC’s privacy policy (available at:  http://www.rbc.com/privacysecurity/ca/our-privacy-policy.html).  Any other consent that the Recording Artist has given to RBC to receive commercial electronic messages which are currently in effect, and unrelated to this Competition, shall not be affected by the request for consent made pursuant to this Competition.

RBC and its affiliates and agents, and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Released Parties”) will not be liable for: (i) any failure of the Website during the Competition; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Submission to be received, captured or recorded for any reason, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to a Recording Artist’s or any other person’s computer or other device related to or resulting from participating in the Competition; and/or (v) any combination of the above.

The decisions of RBC with respect to all aspects of this Competition are final and binding on all Recording Artists without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Submissions and/or Recording Artists.  By participating in this Competition, you are agreeing to be legally bound by the terms and conditions of these Program Terms. ANYONE DETERMINED TO BE IN VIOLATION OF THESE PROGRAM TERMS FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF RBC AT ANY TIME.

RBC reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of these Program Terms including dates and/or timeframes stipulated in these Program Terms, to the extent necessary, for purposes of verifying compliance by any Recording Artist or Submission with these Program Terms, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of RBC, in its sole and absolute discretion, affect the proper administration of the Competition as contemplated in these Program Terms, or for any other reason.

Fees and Expenses

There are no fees to submit a Submission. All costs incurred in the
production and delivery of the musical performance, recording and
Submission shall be solely at the expense of the Recording Artists.

Contact

For comments and questions related to these Terms and Conditions or the
content of your Submission, please contact RBCxMusic (rbcxmusic@rbc.com).

For comments and questions pertaining to technical difficulties related to the Submission portal,
please contact Abby Albino, aalbino@trevorpeter.com