FULL MECHANICS

1. Definitions
1.1 “ABS-CBN” shall mean ABS-CBN Corporation,
and its subsidiaries and affiliates.
1.2 “COMPETITION” shall mean the Himig Handog
2019 songwriting competition.
1.3 “CONTESTANT” shall mean an individual
composer, songwriter, and/or lyricist, or a
group/collaboration of up to three (3) individual
composers, songwriters, and/or lyricists.
1.4 “ENTRY” shall mean one (1) musical
composition or musical work.
1.5 “FILIPINO CITIZEN” shall mean a natural-born
or naturalized Filipino, or a person of dual citizenship,
one of which is Philippine citizenship, and those who
have retained or reacquired Philippine citizenship in
compliance with Republic Act No. 9225
1.6 “FILIPINO DESCENT” shall mean an individual
whose mother, father, grandfather, or grandmother is or
was previously a Filipino.
1.7 “FINALIST” shall mean an Entry declared as
one of the Top Ten (10) Entries in the Competition.
1.8 “COLLECTIVE MANAGEMENT
ORGANIZATION” (“CMO”) shall be any organization,
operating within or outside the Philippines, which collects
royalties and/or licenses public performance,
communication to the public, and/or other rights on
behalf of composers.
2. Qualifications of Composers
2.1 The Competition is open to all composers,
songwriters, and/or lyricists (amateur or professional)
worldwide who are Filipino citizens or of Filipino descent.
2.2 All employees of ABS-CBN, the Digital
Publisher, the Sponsors of the Competition, and their
relatives up to the fourth civil degree of consanguinity or
affinity are not qualified to join the Competition.
2.3 The composer must not be a member of / or
have pre-assigned his rights to the composition to any
CMO, unless composer submits a written waiver by such
CMO of all of its rights over such composition in the
event that it is chosen as one of the finalists of the
competition.
3. Number of Entries
A Contestant may submit a maximum of two (2) Entries,
whether the same be as an individual, a collaboration, or both.
4. Song Entry Requirements
4.1 Each Entry must be an original work of the
Contestant and all rights, including copyright, to the entry
must be owned exclusively by the Contestant.
4.2 The following works shall not be eligible as an
Entry in the Competition:
4.2.1 Those which have been previously published,
recorded or released in any part of the world;
4.2.2 Those which have been commissioned by a
third party;
4.2.3 Those which are found to contain two (2) or
more bars of melody or lyrics similar to that of a
 published or released song in the Philippines or
abroad; and
4.2.4 Any Entry which, in the sole determination of
ABS-CBN, is not suitable by reason of content.
4.3 Lyrics
4.3.1 The lyrics must be in Filipino or English or a
combination of both;
4.3.2 If the lyrics include a word which does not have
a general and accepted definition, the Contestant
must explain the meaning and basis for including the
word through a footnote in the lyric sheets; and
4.3.3 The lyrics shall not include words which are
registered trademarks.
4.4 Form and Length of Entries
4.4.1 The melody and lyrics of an Entry, once
submitted, shall be final and may not be altered or
modified prior to the selection of Finalists. An Entry
selected as a Finalist may be modified subject to the
prior approval of the Competition Committee.
4.4.2 An Entry may consist of any musical
arrangement, including acapella. However, an Entry
consisting of only instrumental composition/s is not
allowed.
4.4.3 The song must not exceed four (4) minutes,
inclusive of intro and extro.
4.4.4 Entries submitted to ABS-CBN shall not be
returned to the Contestant.
 4.5 The Screening Committee, at its sole discretion,
may disqualify an Entry for its failure to comply with any
of the above requirements.
5. Submission of Entries
5.1 The Contestant must submit the following per entry:
5.1.1 Accomplished entry form with complete personal
data as required;
5.1.2 Lyrics of the musical composition;
5.1.3 Mp3 file of the musical composition;
5.1.4 Photo of contestant; and
5.1.5 Scanned copy of passport or other government-
issued ID;
5.1.6 If passport cannot be provided : Birth
certificate, Certificate of Dual Citizenship, or other
proof of Filipino citizenship or descent;
5.1.7 If member of a CMO: Written waiver by the
authorized signatory(ies) of CMO of all rights in and to
the composition in the event that the composition is
chosen as finalist.
5.2 If the Contestant is composed of a group, all
individual composers, writers, and/or lyricists must sign
on the Entry form.
5.3 Failure to comply with any of the above
requirements shall be a ground for disqualification.
5.4 The Screening Committee shall check each
Entry for compliance with the above requirements and,
in its sole discretion, may require other documents as
needed.
6. Intellectual Property Rights
6.1 All entries are deemed to be the property of the
respective Contestant/s, subject to the rights of ABS-
CBN hereunder.
6.2 ABS-CBN hereby designates ABS-CBN Film
Productions, Inc. as its official music publisher for the
Competition.
6.3 In the event an Entry is declared a
Finalist (“Finalist Entry/ies”) in the Competition, the
Contestant agrees to grant and assign to ABS-CBN Film
Productions, Inc. , all rights, title, interest and
copyright to said Entry. The Contestant shall execute the
necessary Exclusive Publishing Agreement in favor
of ABS-CBN Film Productions, Inc. prior to the formal
announcement of the Finalists. The failure or refusal of a
Contestant to execute said agreement prior to the
announcement shall be a ground for disqualification.
6.4 Without limiting the foregoing, the Contestant
agrees that in the event that his/her/their entry is
selected as Finalist, ABS-CBN shall have the exclusive
and unlimited right, worldwide and in perpetuity, to the
musical composition (music and lyrics), with the full right
and authority:
6.4.1 To use, synchronize with, and exhibit the
musical composition in any audiovisual work,
including, but not limited to, motion pictures,
television shows, commercial advertisements,
and/or audiovisual presentations;
6.4.2 To broadcast, transmit, televise, or
otherwise make available, and publicly perform,
said musical composition;
6.4.3 To record, produce, reproduce, promote,
distribute, and sell sound recordings or audio
representations of the musical composition, such
as, but not limited to, ringtones, ringbacks, etc;
6.4.4 To edit or adapt the musical composition to
conform to the technological or commercial
requirements of phonograph records in various
formats now or hereafter known or developed;
6.4.5 To cause its delivery through any mode of
delivery now or hereafter known, including, but not
limited to streaming, subscription, downloading,
webcasting, etc.
6.4.6 To license or exploit the musical
composition for any commercial or legal purpose;
6.4.7 To eliminate or edit material which may
subject ABS-CBN to any civil or criminal action;
6.4.8 To authorize the adaptation or translation of
the work;
6.4.9 To authorize the use of the entry in any
article or device, including, but not limited to, music
boxes, home appliances, cellphones, etc;
6.4.10 To authorize the production or
manufacture or merchandise using, suggesting, or
being a representation of the Entry or any part
thereof;
6.4.11 To set rates for any and all usages, or
to not charge therefor, at ABS-CBN’s sole
discretion;
6.4.12 To collect all revenues due on all
transactions entered into by it; and to represent the
 Contestant/s in all matters relating to their
respective Entry/ies;
6.4.13 To authorize third parties to do any or
all of the above, or to assign any of its rights herein;
6.4.14 To use the same for any purpose, in
any manner and by any means, at ABS-CBN’s sole
discretion.

6.5 In addition to the above rights, ABS-CBN shall have the

following rights:
6.5.1 to use any or all of the Entries submitted,
free of charge, in connection with the airing,
broadcast, and/or promotion of the Competition on
any and all media, throughout the world in
perpetuity;
6.5.2 to use any of the Finalist Entries for any
purpose or usage on any of its programs or
platforms, including the use thereof in replays
beyond the periods indicated, without need for any
remuneration to the Contestant by ABS-CBN:
6.5.2.1 If the entry wins any prize,
for a period of five (5) years; or
6.5.2.2 If the entry does not win any
prize, for a period of two (2) years.
For avoidance of doubt, subject to the terms
hereunder, the appropriate license fee shall be paid
by ABS-CBN for new usages after the periods
indicated.
 6.6 For all transactions and agreements not falling under
the exceptions stated herein, the Contestant/s shall be
entitled to a share of FIFTY PERCENT (50%)of all net
revenues received by, ABS-CBN Film Productions, Inc. or
ABS-CBN's designated publisher. The issuance of
statements of account and payment governing the above
shall be subject to the rules and standard practices
covering the same. Net Revenues shall mean all royalties,
fees and other income received from sales, less advances,
interests, expenses, penalties, and applicable taxes.
7. Criteria and Screening
7.1 ABS-CBN shall have the sole right to designate
the members of the Competition Committee who shall
oversee the management and implementation of the
Competition. The Competition Committee shall choose
the members of (a) the Screening Committee who shall
check and verify all Entries and declare the Finalists;
and (b) the Board of Judges, who shall declare the
winning entries during the Finals night. The decisions of
the Screening Committee and Board of Judges shall be
final and unappealable.
7.2 ABS-CBN and/or the Competition Committee, in
its sole discretion, may decide on the number of
screening and judging stages, the periods of submission
of Entries (the Deadlines) and the composition or
appointment of the Screening Committee and the Board
of Judges; provided the members of the Board of Judges
shall be announced prior to the Finals night ABS-CBN
and/or the Competition Committee in its sole discretion,
may appoint an independent auditing firm to monitor the
screening and judging procedures of the Competition.
7.3 The Finalists shall be informed of their selection
and shall be required to execute the abovementioned
Exclusive Publishing Agreements.
7.4 ABS-CBN shall have the sole discretion and
right to choose/assign the interpreter, producer, and
arranger, for the recording and performance of the
Entries during the Finals night of the Competition.
7.5 In the event that no Finalist is chosen, or less
than ten (10) Finalists are chosen from among the
Entries submitted before the deadline, the Competition
Committee shall have the right to extend the deadline for
submission or call for the submission of additional
Entries. The Screening Committee shall select the rest
of the Finalists only from among the additional entries for
each extended period. A Contestant who has previously
submitted an Entry to the Competition may still submit
an Entry for the extended period; provided, a Contestant
who has already submitted two (2) Entries to the
Competition at any given time shall no longer be eligible
to submit new Entries for the extended period regardless
if the previous Entries were not declared Finalists.
7.6 The Finalists shall be informed of their selection
and shall be required to execute the abovementioned
Exclusive Publishing Agreements.
7.7 ABS-CBN shall have the sole discretion and
right to choose/assign the interpreter, producer, and
arranger, to be used for the recording and performance
of the entries for the performance in the Finals.
However, the Contestant may give suggestions which
the Committee may consider.
7.8 ABS-CBN shall have the sole right to designate
the members of the Competition Committee. ABS-CBN
shall also have the sole right to designate the persons
 who shall constitute the Screening Committees and the
Boards of Judges whose decision shall be final and
unappealable. ABS-CBN in its sole discretion may
decide the number of screening stages, the periods of
submission of entries (the Deadlines) and appoint up to
a maximum of three (3) panels of judges, or one (1)
panel for each stage of the Competition. ABS-CBN
likewise shall have the sole discretion to appoint an
independent auditing firm to monitor the screening and
judging procedures for the Competition.
7.9 In the event that no Finalist is chosen, or less
than ten (10) Finalists are chosen from among the
entries submitted before the first Deadline, ABS-CBN
shall have the right to extend the deadline for
submission or call for the submission of additional
entries. The Board of Judges shall select the rest of the
Finalists only from among the additional entries for each
extended period. Within each extended period, a
contestant may send in a maximum of two (2) entries,
except that if an entry of a contestant has already been
declared a Finalist, such contestant may submit only one
(1) more entry for each extended period.
8. Disqualification
8.1 An Entry or Contestant may be disqualified
for:
8.1.1 Failure to comply with or
violation of Pars. 4, 5, 6.2, or 8.2
8.1.2 Failure of the Entry or
Contestant to comply with any of the
requirements, or a violation of any of
these terms and conditions, or breach
of the warranties provided in Section
9.
 8.1.3 In collaborations, all members
and Entry/ies may be disqualified
even if only one (1) of the individual
composers, songwriters, or lyricists
has been disqualified or has
committed a violation warranting
disqualification.
8.2 ABS-CBN shall have the sole discretion to
disqualify an Entry or a Contestant.
9 9. Warranties
9.1 Contestant warrants and represents that
Contestant is under no disability, restriction or
prohibition, to consent to the Terms and Conditions
of the Competition, and further, has no impediment
to execute the Exclusive Publishing Agreement
under Section 6.2, or which may interfere with the
ability of Contestant to deliver its obligations in
connection with the Competition.
9.2 The Contestant warrants that the Entry/ies
submitted by him/her/them are his/her/their sole
and original work, and that there exists no adverse
claims to or in said musical composition/s. The
Contestant further warrants that neither the musical
composition nor any part thereof infringes upon the
literary, musical, personal, or property rights of any
person or entity.
9.3 Contestant agrees to fully indemnify, save
and hold ABS-CBN, its directors, officers,
stockholders, employees, licensees and assigns,
the Board of Judges, the members of the
Competition Committee, the members of the
Screening Committee, and the Board of Judges,
free and harmless from any and all damages
 arising out of, or in connection with, any claim by a
third party that is inconsistent herewith. In the event
that a claim, suit, or action is brought against ABS-
CBN, it shall notify Contestant thereof and shall
allow Contestant to participate in the defense
thereof. Contestant shall fully reimburse all
expenses incurred by ABS-CBN for any and all
damages it may be required to pay by reason
thereof.
9.4 Should the infringement be proven, the
Contestant shall return any and all prize monies
paid to him/her/them, if any, with interest thereon at
the legal rate until fully paid. ABS-CBN shall,
likewise, have the right to withdraw the prize and to
award the prize to another Entry. Should it be
proven that the infringement is willful, Contestant
shall be liable for actual and exemplary damages,
including attorney's fees.
9.5 ABS-CBN, its directors, officers,
stockholders, employees, licensees and assigns,
the members of the Competition Committee, the
members of the Screening Committee, and the
members of the Board of Judges , shall not be
liable for any claim by any third party in connection
with the ownership of copyright to an Entry
submitted by a Contestant to the Competition.
10.Acceptance and Conformity
10.1 All Contestants submitting an Entry to the
Competition are deemed to have accepted and
consented to the Terms and Conditions of the
Competition, and agree to abide hereby.
10.2 Contestant agrees that ABS-CBN reserves
the right to, at any time, and at its sole discretion,
change, add to, delete from, modify or amend the
Terms and Conditions affecting the Competition, or
any part thereof, including, but not limited to the
grounds for disqualification from the Competition,
the rules and guidelines for the screening and
selection of Entries, the declaration of winning
Entries, and the granting of any prize.