Application and Selection Terms and Conditions | Introduction
These are the terms and conditions (Terms) for applying to participate in the nextWAV. Artist Development Programme (nextWAV.) for 2026-27, a programme run by Universal Music New Zealand Limited (NZBN 9429040837154) (UMNZ, we, us, our).
These Terms cover the key details about nextWAV. and the application process, including dates, application criteria, application and selection processes and what your obligations to us are and what our obligations to you are.
You need to read and agree to these Terms to enter. This will also include getting your parent or legal guardian (Guardian) to read these Terms with you and making sure you have their consent to submit your application. If you are selected, you will also need to sign a participant agreement which will be provided if your application is successful.
| nextWAV. | nextWAV. is a local artist development programme run by UMNZ over a period of up to 12 months. More information can be found on the nextWAV. website at: www.nextwav.co.nz |
| nextWAV. Key Dates |
Applications open: 4 June 2026 Applications close: 19 July 2026 (closing at 11:59pm) Selection process: 19 July – 7 August 2026 Notification to successful final participants: By 10 August 2026 Signature of Participation Agreement deadline: By 21 August 2026 nextWAV. programme dates and locations:
We reserve the right to change these dates if we need to, the Terms explains this in more detail. |
| Applicant Criteria |
You can apply to nextWAV. if meet the following Applicant Criteria. We can ask for evidence from you to confirm that you do.
There are some restrictions on applying, please keep these in mind.
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| How to Apply |
If you meet the Applicant Criteria, you can apply by doing the following.
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| Selection Process and Criteria |
The selection process has four stages. The dates are set out above. Stage 1 – Initial screening and vetting We will review every valid application both against the Applicant Criteria and for its merits having regard to the purpose of the nextWAV. program. When we assess your application against the Applicant Criteria, we look at it as a whole. We understand not every applicant will have provided every piece of non-mandatory information or material we asked for. Where parts of your application are missing, incomplete or less developed than other applicants’, we may take that into account in our assessment and decisions. From this stage, we will draw up a shortlist. The number of applicants in the shortlist will be determined in our discretion. Stage 2 – Shortlist interviews and checks Interviews Shortlisted applicants will be invited to a video interview along with their Guardian. We will use the interview to assess:
We will contact you for an interview using your contact information you provided in your application. Your Guardian must attend the interview with you. We may request reasonable evidence to confirm that they are your parent/legal Guardian and we reserve the right to verify that your Guardian consented to your application. Checks We will require a police or background check on shortlisted applicants and their Guardians. We may run this ourselves or via an authorised representative (including New Zealand Music Commission (NZMC)). You and your Guardian must help us get the check done – including providing any information or signing any consent that we ask for. If you don’t, we may decide to not progress your application further. We also reserve the right to use the results to inform our decision about who is ultimately selected, including deciding to not progress your application further. We will handle the results of the police check in line with our Privacy Policy and the Privacy Act 2020 (NZ). Stage 3 – Final selection and notification From the shortlist, we will choose up to 10 participants to take part in nextWAV. We will notify the successful participants by the date set out above, using the contact information that you provided in your application. Stage 4 – Acceptance If you are offered a place in nextWAV., you must accept our offer and your and your Guardian must sign and return the Participation Agreement by the date set out above. If you don’t, we can offer your place to someone else, with no liability or responsibility to you. |
1. About these Terms
(a) These Terms apply to anyone who applies to participate in nextWAV. The Key Details table sets out the commercial and practical details for nextWAV.
(b) The Key Details, together with these Terms and any other instructions we publish for applicants (for example on the application form or the nextWAV. website), form the full set of rules for applying. If anything in the Key Details conflicts with these Terms, the Key Details wins.
(c) By applying you accept these Terms and confirm that you have had your Guardian read these Terms as well. If you don’t follow them, we can treat your application as invalid and no longer consider it.
2. Who can apply
(a) You can apply if you meet the Applicant Criteria in the Key Details and you agree to these Terms.
(b) You cannot apply if you are:
(c) “Immediate family” means a spouse, ex-spouse, de facto partner, child, step-child (whether natural or adopted), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
3. How to apply and costs
(a) To apply:
(b) Your application is treated as received only when it arrives in our system. We are not responsible for applications that don’t reach us – for example because of internet, device, network, server or service provider issues, or anything that goes wrong while your application is being sent. We don’t have to confirm we received your application, and we don’t have to return it to you.
(c) You are solely responsible for all of your own costs of applying and taking part in the selection process. We will cover our own costs of running the process. Any costs in connection with participating in nextWAV. itself are dealt with in the Participation Agreement (if you are selected).
4. Your Application Materials
(a) “Application Materials” means your demo and anything else you send to us as part of your application – this includes information, your performing name, your logos or branding, songs, lyrics, recordings, videos, photos, written answers and artwork.
(b) By submitting Application Materials, you confirm and warrant (which means you promise) that:
(c) If you breach this clause 4, you agree to cover us for any costs, losses or damage we suffer as a result (this is called an indemnity). We can also treat your application as invalid and no longer consider it.
5. Use of AI in your Application Materials
(a) nextWAV. is about finding and developing genuinely talented young artists. So, we need to know what’s yours and what was made by AI. “AI” means any generative artificial intelligence tool that creates or contributes to creative content – for example, tools that generate songs, lyrics, vocals, instrumentals, music videos, images or text from a prompt or input.
(b) These are the rules you must follow when it comes to AI.
(c) While AI-generated content does not satisfy the requirement in clause 4 that your Application Materials must be “your own work”, all other warranties in clause 4 still apply to everything you submit, including any AI-generated or AI-assisted parts. You are still responsible for making sure that:
(d) We can treat your application as invalid and no longer consider it at any time if we reasonably believe:
6. Honest information and your promises to us
(a) Everything you tell us in your application must be true and accurate. By applying, you also confirm and warrant (which means you promise) that:
(b) Between when you apply and when the selection process ends, you must tell us as soon as possible if:
(c) If you tell us about a change or something new (or we find out about one another way), we can stop considering your application, remove you from the selection process, or take any other action we think is appropriate based on the changed information.
7. Licences
(a) You keep all ownership of your Application Materials. But by applying, you grant UMNZ (or its designees) a worldwide, perpetual, irrevocable, non-exclusive, royalty-free (gratis), sub-licensable licence to reproduce, exploit, edit, adapt, publish, communicate, broadcast, display and otherwise use your Application Materials as well as your name, image, image, voice, performance, biographical details, social media handles for:
(b) This licence permits us doing those things in any media (whether existing now or developed later) and includes promotion of future iterations of nextWAV. and similar programmes (whether run in NZ or overseas). Without limiting the licence above, if we ask, you will sign a more formal licence document to confirm those rights.
(c) If you are selected for nextWAV., broader rules about the materials you create, and any content we create, during your participation in nextWAV., will apply under the Participation Agreement.
8. Moral Rights waiver and consent
(a) “Moral rights” are personal rights you have over your creative work under the Copyright Act 1994 (NZ) or other similar legislation that applies.
(b) To the fullest extent permitted by law, as applicable:
9. Public statements, our branding and confidentiality
(a) You’re welcome to tell people that you have applied for nextWAV. – for example friends, family, your school, or on social media. Other than that, without our prior written consent, you must not do any of the following.
(b) You must also not make any false, misleading or defamatory statements about us, nextWAV., our related companies, or any of nextWAV.’s partners or sponsors (this applies whether or not we have given consent under this clause).
(c) We can give or refuse our consent under this clause at our discretion. The obligations in this clause continue to apply even after the application or selection process ends.
10. Selection Process and staying contactable
(a) The selection process is set out in the Key Details. We will contact selected applicants in the way described in the Key Details. Applicants who aren’t selected won’t necessarily hear back individually.
(b) Selection is based on merit against the Applicant Criteria and the matters we assess at interview. Chance plays no part. Our decisions are final and binding on all applicants. We don’t have to give reasons, and we won’t enter into any correspondence about our decisions.
(c) If we try to contact you at any stage of the selection process and we are unable to reach you, or you don’t respond to us within a reasonable time, we can:
(d) You must keep your, and your Guardian’s, contact details (email, phone and any other contact information you’ve given us) up to date during the application period and the selection process. If your contact details change, you must tell us straight away.
11. If you are selected
(a) If you are offered a place in nextWAV., you and your Guardian must each sign and return Participation Agreement by the deadline set out in the Key Details, or a deadline we otherwise give you. It is your responsibility to ensure you and your Guardian seek any independent or professional advice on the Participant Agreement before you sign it.
(b) As a condition of accepting the place, you and your Guardian may also need to:
(c) If you don’t do these things by the date we set, we can withdraw the offer and offer your place in nextWAV. to someone else.
12. Verification, disqualification and rejection
(a) We can check the validity of any application or applicant at any time. We can disqualify you or reject your application at any time if we reasonably believe:
(b) We may also reject any application at our discretion. Whether to accept errors and omissions is up to us. Incomplete or unreadable applications may be treated as invalid. If we don’t enforce one of our rights to do this straight away, that doesn’t mean we can’t enforce them later.
13. Privacy
(a) We collect personal information about you and your Guardian during the application process so that we can, in addition to any purposes set out in our Privacy Policy:
(b) We may share your personal information with organisations that help us run nextWAV. and/or promote our events, artists and programmes. If you are selected, we may also publish your name and suburb or region in connection with promoting nextWAV., including on our website and other media.
(c) We handle and use personal information in line with our Privacy Policy (available here: https://www.universalmusic.co.nz/privacy/) and the Privacy Act 2020 (NZ). Please read our Privacy Policy before you apply.
14. Changes to nextWAV.
(a) We can change, suspend, delay, terminate or cancel nextWAV. (or any part of it) at any time and for any reason. This includes:
(b) We may make these changes for any reason and at any time, including (but not limited to) force majeure events, natural disasters, pandemics, illness, changes in law, regulator directions, issues with a partner or supplier, operational or commercial reasons, or where we simply consider the change is in the best interests of us, our business or nextWAV.
(c) Where we can, we will give applicants reasonable notice of any change, but we are not required to. To the extent allowed by law, we are not liable for any loss, damage or cost you or your Guardian suffers because of any change to (or suspension, termination or cancellation of) nextWAV.
15. No Guarantees
(a) Applying, being shortlisted, being selected or participating in nextWAV. does not guarantee any record deal, contract, professional opportunity, income, career outcome – or any other event or outcome. Even if you are selected, there is no commitment by us or you to enter into any further agreement.
(b) To the maximum extent permitted by law:
(c) Nothing in this clause, or in clause 16, limits any rights you have under any applicable laws, including the Consumer Guarantees Act 1993 (NZ) or the Fair Trading Act 1986 (NZ), that cannot be excluded by agreement.
16. Liability
To the fullest extent allowed by law, UMNZ (including our officers, employees, contractors, agents, partners and sponsors) excludes all liability (including for negligence) for any personal injury, loss, damage or cost (whether direct, indirect, special or consequential, and including loss of opportunity) arising out of or in connection with nextWAV., including the application process or the selection process. Where our loss cannot be excluded, but it can be limited, it is limited to $100.
17. Third Party Websites and Platforms
You may need to use third party websites or platforms (for example Spotify, YouTube, Instagram, TikTok, Facebook or others) to apply, submit materials or take part in the application process. Those services are provided by third parties, not us. When you use them, you do so at your own risk and subject to their own terms and privacy policies. We are not responsible for any goods or services those third parties provide. Any costs of accessing those websites or platforms (for example, your internet or mobile data) are your responsibility and depend on your service provider.
18. New Zealand Law
These Terms are governed by New Zealand law. You and we agree that the New Zealand courts have jurisdiction over any dispute about these Terms.
Annexure A: Participant Agreement
The successful applications will be required to sign an agreement to participant in nextWAV. that is substantially in the form set out here. It the applicant’s responsibility to ensure they, and their Guardian seek any independent or professional advice on the Participant Agreement before you sign it.
Participation Agreement
Dated: [Date]
Between:
A. Universal Music New Zealand Limited (NZBN 9429040837154) of [address] (UMNZ, we, us, our);
B. [Participant name], being born on [birth date], and residing at [address] (you, your, Participant); and
C. [Guardian name], residing at [address] (your/the Guardian).
1. What this Agreement is about
1.1 You have been selected as one of the participants in the 2026-27 nextWAV. Artist Development Programme (nextWAV.). This Agreement sets out the rules between you, your Guardian, and us for your participation in nextWAV. We must all follow these rules.
1.2 This Agreement starts when everyone has signed it and runs for 12 months (the Term), unless it ends earlier under clause 15.
2. nextWAV. Programme
2.1 nextWAV. is a youth artist development programme that runs over a period of up to 12 months during the Term of this Agreement. It may include activities such as mentoring and coaching, studio sessions, songwriting and writing camps, workshops about the music industry, showcases and live performance opportunities, networking and meetings with industry contacts, and other activities we decide.
2.2 The key dates for the programme were set out during the application process but are as follows.
| Session 1: | September 28 – October 9 2026 – in person in Auckland NZ. |
| October 5 – 9 follow ups via Zoom | |
| Session 2: | January 18 – 22, 2027 – in person in Auckland, NZ. |
| January 2027 follow ups via Zoom. | |
| Session 3: | April 13 – 2818, 2027 – in person in Auckland, NZ. |
| April 2027 follow ups via Zoom | |
| Session 4: | July 5 – 9, 2027 – in person in Auckland, NZ |
| July 12 – 16 2027 follow ups via Zoom |
2.3 We can change, suspend, delay, pause, terminate or cancel nextWAV., or any part of it at any time and for any reason, including changing the dates, timing, duration, content, activities, format, location, mentors or partners involved. Where we can, we will give you reasonable notice, but we are not required to. To the extent allowed by law, we are not liable for any loss, damage or cost arising as a result of any such change.
2.4 There is no commitment by us or you to enter into any further agreement after nextWAV. Any further discussions are a matter for you and us at the relevant time.
3. Voluntary participation and our relationship
3.1 Your participation in nextWAV is voluntary. You are entering this Agreement, and participating in nextWAV., freely and in consideration of us delivering and running the programme.
3.2 Other than the costs we cover under clause 7, you are not entitled to any payment, fee, salary, wage, revenue, share of revenue, royalty, commission, equity or other financial benefit from us in connection with nextWAV. This includes (but is not limited to) any payment in connection with Your Materials (defined in clause 8), the nextWAV. Content (defined in clause 9), or any promotional activity you take part in during or in connection with nextWAV.
3.3 Nothing in this Agreement creates an employment, agency, partnership or joint venture relationship between you and UMNZ or your Guardian and UMNZ. Neither you nor your Guardian is an employee, contractor or agent or UMNZ.
4. Your commitments
4.1 While you are in the nextWAV. program, you and your Guardian agree to (as applicable):
(a) attend the activities we ask you to attend, on time and prepared;
(b) take part properly and try your best;
(c) treat everyone involved (our staff, other participants, partners, the public) professionally and with respect and kindness;
(d) follow our reasonable instructions about safety, conduct, dress and behaviour at activities;
(e) tell us as soon as possible if you can’t attend something, or if anything important is going on that affects your participation;
(f) not act in any way that could harm the reputation of nextWAV., us, or any of our partners; and
(g) not do anything illegal or dangerous while participating in nextWAV., this includes using any illegal substances.
4.2 Acting in a way that could harm reputation includes things like behaving badly in public or online, posting offensive content, using illegal drugs, or being involved in conduct that could embarrass nextWAV., us or our partners or sponsors.
4.3 We can end your participation in nextWAV. under clause 15 for any matters arising under this clause. This includes things that happens during nextWAV., but also behaviour or matters we might discover about you during nextWAV. but that happened before the nextWAV started.
5. Health and safety
5.1 We take health and safety seriously. We are committed to fulfilling our legal obligations and other requirements in accordance with duties under the Health and Safety at Work Act 2015 (NZ), subsequent regulations, approved codes of practice, standards and best practice guidelines. We will take all reasonably practicable steps to provide a safe environment in connection with nextWAV. activities. Some activities (for example live performance, travel and studio work) involve hazards and risks that cannot be entirely removed. We will ensure we fulfil our duty of care to you by managing all hazards and risks as far as reasonably practicable and coordinate with our partners to make sure you are aware of hazards and risks that could affect you.
5.2 You and your Guardian must:
(a) follow any reasonable health and safety instructions, rules or directions we (or anyone we authorise) give you;
(b) tell us in advance about any medical condition, allergy, accessibility need, mental health matter or other circumstance we need to know about to keep you safe;
(c) report any health, safety or wellbeing concern, accident, injury or near-miss connected to nextWAV. to us as soon as practicable;
(d) not bring or use any unlawful substances, weapons, or alcohol at any activity; and/or
(e) not behave in a manner that could or does cause harm to yourself or others.
5.3 Under clause 15, we can end your participation if we reasonably consider there is a health, safety or wellbeing risk. Nothing in this Agreement limits any rights or duties under any applicable work health and safety laws.
6. Your Guardian’s role
6.1 You and your Guardian acknowledge their role in nextWAV is as follows.
(a) Your Guardian must be present to supervise you throughout nextWAV, both during the in person activities and for any online activities.
(b) Your Guardian must:
6.2 If your Guardian cannot attend a particular activity, you and your Guardian must let us know in advance and we may agree with you and your Guardian a suitable replacement chaperone (another parent, legal guardian or other responsible adult we approve in writing).
6.3 You cannot attend any activities without an approved Guardian or chaperone present.
7. Costs we cover
7.1 We will fund and organise the following for you and one Guardian travelling with you, in connection with activities we have asked you to attend:
(a) travel (including flights and ground transport) – within parameters (such as airline/class) that we determine;
(b) accommodation; and
(c) per diems for the days of in person sessions.
7.2 We will book and arrange these things directly and within parameters that we determine. You and your Guardian must not book travel, accommodation or other nextWAV.-related costs yourselves unless we have asked you to or agreed it in writing first.
7.3 We do not cover:
(a) costs for anyone other than you and your one Guardian;
(b) personal costs (for example, extra meals, sightseeing, shopping, or drinks we have not provided);
(c) equipment you choose to buy or hire for your own use;
(d) any costs you incur without our agreement in advance; or
(e) any costs once you have left nextWAV.
7.4 If you or your Guardian book or spend something without our agreement in advance, we don’t have to pay for it or reimburse you.
8. Your Materials
8.1 In this Agreement, Your Materials means any information, writing, music, lyrics, recordings, songs, demos, videos, photos, artwork, performances or other material that you submit, create, perform or contribute to as part of, or during, nextWAV. (whether alone or with others).
8.2 You retain all ownership of Your Materials, including all copyright. Nothing in this Agreement transfers Your Materials to us.
8.3 You grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable licence to use, copy, edit, adapt, share, exploit, publish, broadcast, display and otherwise use Your Materials for the purposes of:
(a) promoting and running nextWAV.;
(b) promoting UMNZ’s business, the business of its related companies, and the business of any of its nextWAV. partners or sponsors
This licence permits us doing those things in any media (whether existing now or developed later) and includes promotion of future iterations of nextWAV. and similar programmes (whether run in NZ or overseas). This licence survives the end of this Agreement. Without limiting the licence above, if we ask, you will sign a more formal licence document to confirm those rights.
8.4 Moral rights are personal rights you have over your creative work under the Copyright Act 1994 (NZ) or other similar legislation that applies. To the fullest extent permitted by law, as applicable:
(a) you waive any moral rights you have in Your Materials; and/or
(b) you consent to us, our related companies, our nextWAV. partners and sponsors, and any of our licensees, successors and assigns doing any act or omission in relation to Your Materials that would otherwise infringe your moral rights – including editing, adapting, altering, reproducing, publishing, communicating, using or not crediting Your Materials.
8.5 You confirm and warrant that:
(a) Your Materials are your own work, or you have permission from everyone else involved (including co-writers, performers, producers, and members of any band, group or duo) both to provide Your Materials to us and to grant us the licence in clause 8.3;
(b) Your Materials do not infringe anyone else’s rights (including copyright, moral rights, performers’ rights or trade marks) or break any laws;
(c) everyone performs or appears in Your Materials (for example in photos or videos) has consented to being included;
(d) Your Materials are not obscene, defamatory, threatening, harassing, discriminatory, hateful or otherwise unlawful, and do not encourage that kind of conduct; and
(e) Your Materials comply with clause 10.
8.6 If you breach any warranty in clause 8.5, you indemnify us against any costs, losses or damage we suffer as a result of the breach. We can also remove you from nextWAV. in accordance with clause 15.
8.7 If we want to use Your Materials in a way that goes beyond the purposes set out above (for example, commercial release of a recording), we will need a separate written agreement with you.
9. Your name, image and likeness and next WAV. Content
9.1 During nextWAV, we (and people we authorise) may film, record, photograph and otherwise capture you taking part in activities, which may also include capturing your Guardian. This includes behind-the-scenes footage, interviews, performances, social media content, marketing campaigns, and promotional videos and photos. It includes visual, audio, and audio-visual recordings and photographs (nextWAV. Content).
9.2 You and your Guardian consent to being filmed, recorded and photographed in this way as part of taking part in nextWAV.
9.3 We own all rights (including all copyright and other intellectual property rights) in the nextWAV. Content and we can use nextWAV. Content without limitation or restriction. To the extent any of those rights would otherwise belong to you or your Guardian (for example because you appear in or contributed to the nextWAV. Content, but excluding Your Materials), you each assign them to us when they come into existence. This does not change any ownership of Your Materials (for example the songs and demos you write or record) which still belong to you or grant a licence broader than the one in clause 8.3 in respect of Your Materials.
9.4 You and your Guardian grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable licence to use your name, photo, image, voice, performance and likeness — including in any nextWAV. Content or as included in Your Materials — for the same purposes as in clauses 8.3 and 9.3 (as applicable).
10. AI in Your Materials
10.1 nextWAV. is about finding and developing genuinely talented young artists. So, we need to know what’s yours and have transparency when it comes to using AI. In this Agreement, AI means any generative artificial intelligence tool that creates or contributes to creative content – for example tools that generate songs, lyrics, vocals, instrumentals, music videos, images or text from a prompt or input.
10.2 Your Materials must be substantially your own. AI cannot have written, generated or replaced any substantial part, including the creative essence, of any of Your Materials.
10.3 You may use AI tools to assist with technical production tasks (for example mixing, mastering, tuning correction, noise reduction, stem separation, beat-matching, or generating a basic instrumental backing) provided Your Materials are substantially your own.
10.4 If you use any AI in creating Your Materials:
(a) you must tell us – including which tools you used and what you used them for (if you are not sure whether something counts, tell us anyway);
(b) it is your responsibility to ensure that you comply with the terms of the AI you’re using;
(c) you must not input any of confidential information or data of UMNZ, or any of our partners or sponsors, into any AI tools.
10.5 While AI-generated content may not satisfy the requirement in clause 8.5(a) that Your Materials must be your own work. All other warranties in clause 8.5 still apply to anything you submit or create, including any AI-generated or AI-assisted parts. You remain responsible for making sure that:
(a) Your Materials (including anything created with, or incorporating output from, AI) do not infringe anyone else’s rights, including rights connected to material that AI tools may have been trained on;
(b) UMNZ will be able to use Your Materials, including any AI outputs incorporated in them, in accordance with the rights granted under this Agreement.
10.6 If you breach this clause 10, we may require you to remove or replace the relevant material, take action under clauses 8.6 or clause 15.
11. No exclusivity
11.1 This Agreement does not stop you working with other people — for example managers, labels, publishers, producers, agents or other artists. You are free to take other professional opportunities during nextWAV., as long as you comply with this clause.
11.2 However, while you are in nextWAV. you must tell us as soon as reasonably possible if:
(a) you are approached about, or are seriously considering, any professional opportunity in the music or entertainment industries (for example, recording, publishing, management, agency, sponsorship, brand deals, touring, sync or film/TV opportunities); or
(b) you sign, or are about to sign, any agreement related to such an opportunity.
11.3 This is so we know what is going on so we can run nextWAV. effectively. It is not a right of first refusal – you do not have to offer it to us first or wait for our okay, nor are we obliged to make you any corresponding or counteroffer.
11.4 If we reasonably believe that any such opportunity will affect your ability to participate in nextWAV., we make ask you to leave nextWAV. in accordance with clause 15.
12. Honest information
12.1 Everything you have told us in your application and in this Agreement must be true and accurate.
12.2 By signing this Agreement, you confirm and warrant that:
(a) you are free to take part in nextWAV. as this Agreement requires – this includes that you are not subject to any existing agreement, arrangement or commitment (for example, a record deal, publishing deal, management agreement, agency agreement, sponsorship or brand deal, or any other exclusive or contractual arrangement) that would or could prevent you from taking part in nextWAV. as this Agreement requires or from granting us the rights and licences in this Agreement;
(b) you have not entered into, and will not enter into during the Term, any agreement that conflicts with this Agreement or the rights granted to us under it; and
(c) any existing third-party agreement, arrangement or commitment that might affect your ability to take part in nextWAV., or the rights you can grant us, has been fully disclosed to us in writing.
12.3 Throughout the Term, you must tell us as soon as you can if:
(a) anything in your application, this Agreement or this clause 12 becomes wrong, misleading or out of date;
(b) anything important changes – for example, you sign with a manager, label or publisher, move overseas, or change schools; or
(c) anything else comes up that you think we should know about in relation to your participation in nextWAV.
12.4 If you tell us about a change (or we find out about one another way), we can take action under clause 15 or any other action we think is appropriate based on the changed information.
13. Public statements, branding and confidentiality
13.1 You are welcome to tell people that you are taking part in nextWAV., for example friends, family, your school, or on social media.
13.2 Other than that, without our prior written consent, you and your Guardian must not do any of the following.
(a) Make any public statement about nextWAV., our decisions, your participation in nextWAV. (including the selection process), or any other applicant or participant. This includes statements on social media, to media outlets, or in any other public forum.
(b) Use our name, logos, trade marks, brands or other branding – or the name, logos, trade marks, brands or branding of nextWAV., our related companies, and/or our partners or sponsors.
(c) Share or disclose any information about nextWAV. that we have told you is confidential, or that is not already public – including details of any content, mentors, partners, sponsors or any other participants that relate to, or are involved with, nextWAV.
13.3 You and your Guardian must also not make any false, misleading or defamatory statements about us, nextWAV., our related companies, or any of our mentors, judges, partners or sponsors (this applies whether or not we have given consent under this clause).
13.4 We can give or refuse our consent under this clause at our discretion. The obligations in this clause continue to apply even after nextWAV. or this Agreement ends.
14. Privacy
14.1 We collect personal information about you and your Guardian during the application process so that we can, in addition to any purposes set out in our Privacy Policy, run nextWAV. and contact your and your Guardian about it and your involvement in it.
14.2 We may share this personal information with organisations that help us run nextWAV. We may also publish your name and suburb or region in connection with promoting NextWAV, including on our website and other media.
14.3 We handle and use personal information in line with our Privacy Policy (available here: https://www.universalmusic.co.nz/privacy/) and the Privacy Act 2020 (NZ). Please read our Privacy Policy before you apply.
15. Leaving nextWAV.
15.1 You can leave nextWAV. at any time by giving us written notice. We would like to know the reason, but you do not have to give one.
15.2 We can end your participation in nextWAV. at any time, for any reason, by giving you written notice. We do not have to give a reason, although we may choose to. Where it is reasonable to do so, we will talk to you and your Guardian first and, where appropriate, give you a chance to fix any problem before ending your participation. But we are not required to do so.
15.3 As set out in clause 2.3, we can also suspend, pause, end early, or cancel nextWAV. altogether for any reason and at any time. If we do, your participation will end at the same time and the following provisions of this clause 15 will apply.
15.4 If your participation ends (whether you leave, we end it, or we end nextWAV.):
(a) we will not have to pay any further costs on your behalf; and
(b) the licences in clauses 8 and 9, and the obligations in clause 13, continue to apply, along with any other clause of this Agreement that is expressed to survive termination or which by its nature should do so.
16. Guardian warranties and acknowledgements
16.1 Because all participants in nextWAV. are aged between 16 and 18, we require that your Guardian gives us the following warranties (promises) and acknowledgements.
(a) The Guardian is the parent of the Participant, or is the legal guardian and will be for the duration of this Agreement.
(b) The Participant is free to enter and understands the implications of this Agreement and intends to be bound by it. Apart from the Participant’s being aged between 16 and 18, the Participant is under no obligation or disability by law or otherwise which would prevent or restrict the Participant from performing and complying with this Agreement.
(c) The Guardian will procure that the Participant will not enter into any other agreement which is in any way in conflict or incompatible with the terms, conditions, representations, warranties, agreements and obligations of the Participant under this Agreement.
(d) The Guardian will ensure the punctual, full and complete performance by the Participant of this Agreement.
(e) As a separate and additional obligation, the Guardian indemnifies UMNZ against all liability, loss, damage, cost and expense which UMNZ may sustain or incur, and all actions, proceedings, claims or demands made against UMNZ, because of:
(f) UMNZ is agreeing to enter this Agreement and perform its obligation under it on the basis that the Guardian performs the Guardian’s obligations under it and ensures that the Participant performs the Participant’s obligations under it.
17. No guarantees and limits on liability
17.1 We do not promise any particular outcome out of your participation in nextWAV, for example fame, success, a record deal, contract, professional opportunity, income, career outcome, or any other particular event or outcome.
17.2 To the maximum extent permitted by law:
(a) we make no representations, warranties or guarantees of any kind (whether express, implied, statutory or otherwise) about nextWAV., your participation, the outcomes of nextWAV., or any benefit, opportunity or result you may or may not gain from taking part;
(b) all implied terms, conditions, representations, warranties and guarantees (however arising) are excluded from this Agreement; and
(c) you and your Guardian confirm that, in entering into this Agreement, you have not relied on any statement, promise, assurance or representation made by us or anyone connected with nextWAV. (including our employees, contractors, mentors, judges, partners or sponsors) other than what is set out in this Agreement.
17.3 To the fullest extent allowed by law, UMNZ (including our officers, employees, contractors, agents, partners and sponsors) excludes all liability (including for negligence) for any personal injury, loss, damage or cost (whether direct, indirect, special or consequential, and including loss of opportunity) arising out of or in connection with nextWAV. Where our loss cannot be excluded, but it can be limited, it is limited to $100.
17.4 Nothing in this Agreement limits any rights you have under the Consumer Guarantees Act 1993 (NZ) or the Fair Trading Act 1986 (NZ) that cannot be excluded by agreement.
18. New Zealand law
18.1 This Agreement is governed by New Zealand law. You and we agree that the New Zealand courts have jurisdiction over any dispute about this Agreement. We will try to sort out any disagreement by talking first before either side starts legal action.
19. Independent legal advice
19.1 You and your Guardian acknowledge and agree that you have had an opportunity to seek independent legal advice before signing this Agreement.
20. General
20.1 This Agreement (together with our Privacy Policy and the entry T&Cs) is the whole agreement between us about nextWAV.
20.2 Any changes to this Agreement must be in writing and signed by all of us.
20.3 Failure by either party to enforce any right under this Agreement, or any delay in doing so, will not constitute a waiver of that right. That right will remain available to the party entitled to it.
20.4 If any part of this Agreement is found to be unenforceable, the rest will still apply.
20.5 We can transfer our rights and obligations under this Agreement to a related company or successor in our business. You cannot transfer yours without our written agreement.
20.6 This Agreement does not make us partners, employer/employee, or agents of each other.
20.7 Written notices under this Agreement can be sent by email to the addresses we have given each other (we will use the email on your application unless you tell us otherwise).