By entering this application to SXSW, LLC (“SXSW”) for the 2027 SXSW Music Festival (the “Event”), I (referred to as “I”, “you”, “me”, “my” or “Applicant”) acknowledge and agree to the following Terms and Conditions:
- I have read and agree to the SXSW Terms of Use, SXSW Privacy Policy and SXSW Code of Conduct.
- I reviewed the terms of this application, which application terms, including, without limitation, the eligibility criteria and entry deadlines, are incorporated into these Terms and Conditions, and I agree to those application terms.
- If I am selected to participate in SXSW 2027, then I agree on my behalf, and on behalf of the other participants, to be bound by the Participation and Credentials Terms and Conditions. Applicant shall be referred to interchangeably as Participant throughout.
- Entering this application does not guarantee my selection to participate in SXSW. SXSW will only review and consider completed applications for inclusion in SXSW 2027. SXSW’s selection decisions are based on the criteria set forth in the application and these Terms and Conditions, and its decisions are made in SXSW’s sole discretion. SXSW is under no obligation to provide feedback to applicants.
- The application fee is for SXSW receiving, handling, reviewing, and processing my application, and is not refundable for any reason, including, without limitation, if my application is not accepted or if I am no longer able to participate in SXSW 2027 for any reason. If I am accepted to participate in the Event, and the activity I am accepted for does not take place as part of SXSW 2027 for any reason, I may request an application fee waiver to apply to the next scheduled SXSW event. SXSW can be contacted with questions about fees at musicfest@sxsw.com prior to entering this application.
- As the Applicant, I am solely responsible for protecting any intellectual property rights (including, without limitation, patents, trademarks, copyright, trade secrets, etc.) in my application, participation, product, service and/or idea, and consulting legal counsel before participating in the Event. I understand that sharing proprietary information on the internet carries inherent risks, including piracy, and I assume those risks.
- I hereby grant SXSW a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable license in any copyright, trademark, right of personality or publicity or other proprietary rights in and to the following for use in connection with the Event, SXSW, and their affiliated events, services, media, or press to: (i) photograph, film, and record my participation in the Event, if I’m selected to participate in SXSW 2027 (“Recordings”); (ii) use my name, image, likeness, headshot, bio and voice, all as provided by me, in connection with the advertisement and promotion of the Event (“My Likeness”); and (iii) display, distribute, reproduce, create derivative works from, publicly perform, edit, translate, advertise, promote and exhibit the Recordings by any method or device now known or hereafter devised. I understand and agree that there will be no financial or other monetary compensation to me for such use of My Likeness in the Recordings and no material incorporating My Likeness need be submitted to me for any further approval and SXSW shall be without liability to me for any use of My Likeness.
- SXSW is the owner of all right, title and interest in and to the trademarks SXSW, SOUTH BY SOUTHWEST, SOUTH BY, and SXSW EDU, along with other trademarks, and the corresponding logos, social media and promotional images, or other materials embodying the same provided by SXSW to Applicant (collectively, the “SXSW Marks”). SXSW hereby grants Applicant a non-transferable, non-sublicensable, limited, non-exclusive, royalty-free, revocable license (“License”) to use, reproduce, and display the SXSW Marks through March 21, 2027 (the “Term”) to promote Applicant’s participation, solely as they are embodied and contained within the SXSW provided social media images and promotional materials. Any additional use of the SXSW Marks, including hashtags, requires SXSW’s prior written approval. All use of the SXSW Marks by Applicant and all goodwill will inure to the exclusive benefit of SXSW. All rights not licensed herein are explicitly reserved by SXSW. Applicant further agrees to strictly comply with the terms of the Participant’s Supplemental Trademark License Terms available here: https://www.sxsw.com/participants-supplemental-trademark-license-terms/. (“Supplemental Trademark License Terms”). In the Supplemental Trademark License Terms, Applicant is referred to as Participant, which terms are intended by SXSW and Applicant to be synonymous.
- I represent and warrant that the information I provided in this application is accurate, I have the rights necessary to enter this application, all aspects of the work underlying this application are my own and do not infringe on the rights of any third party or otherwise violate any laws, my application and work underlying the application does not violate any agreement(s) or understanding by which I’m bound, nor would my participation in SXSW violate any such agreement(s) and I will not hereafter enter into any agreements or understandings with any person or entity that might conflict with my warranties and representations made in these Terms and Conditions.
- I hereby indemnify, defend, and hold harmless SXSW, its parents, subsidiaries, shareholders, owners, and affiliates, and each of their respective shareholders, officers, directors, agents, and employees from any and all responsibility or liability arising out of or in connection with: (a) any breach of my representations or warranties contained herein; and (b) my violation of these Terms and Conditions and/or any guidelines, policies and terms provided by SXSW.
- I consent to SXSW collecting, processing and using the personal data I supplied in this application in order to review my materials and communicate with me about the application, administer and promote the Event, facilitate logistics related to the Event, improve SXSW’s services, and as otherwise described in the SXSW Privacy Policy.
- I acknowledge and agree that in order to improve the SXSW experience or due to causes outside of the control of SXSW, SXSW reserves the right to: (a) modify the dates, locations or method of participating in SXSW 2027; and/or (b) cancel, modify or suspend applications for SXSW 2027, whether accepted or not. I agree that SXSW may notify me of any of these modifications by posting a notice on its website. I agree that I will have no remedy against SXSW, at law or in equity or otherwise, if (x) the dates, locations or methods of participating in SXSW 2027 change; or (y) my application is denied, cancelled, or suspended, regardless of the reason.
- CLASS ACTION & JURY TRIAL WAIVER: I AGREE THAT I WILL NOT SEEK TO HAVE A DISPUTE HEARD AS A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR IN ANY OTHER PROCEEDING IN WHICH ANY PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. I FURTHER AGREE NOT TO, AND EXPRESSLY WAIVE ANY RIGHT TO, FILE A CLASS ACTION, SEEK RELIEF ON A CLASS BASIS, OR BE A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS ALL PARTIES AGREE OTHERWISE, NO JUDGE OR ARBITRATOR MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. SXSW AND I EACH WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR PARTICIPATION IN THE EVENTS. EACH PARTY ACKNOWLEDGES THAT THESE WAIVERS ARE A MATERIAL INDUCEMENT TO THESE TERMS AND PARTICIPANT’S ABILITY TO PARTICIPATE IN THE EVENTS.
- These Terms and Conditions will be interpreted by, and enforced in accordance with, the laws of the State of Texas regardless of applicable choice of law rules. I agree that the exclusive venue for any dispute between me and SXSW related to my application will be in a court of competent jurisdiction in Travis County, Texas; provided, however, that SXSW may seek injunctive or other equitable relief in any court of competent jurisdiction.
I acknowledge and agree that I have read and understand these Terms and Conditions and intend to be legally bound by its terms. I reaffirm all information contained in the application is accurate, that I have the rights necessary to share the materials contained herein and that the application will not violate any third-party rights or laws of any kind. I acknowledge and agree that any linked terms or policies referenced in these Terms and Conditions are incorporated herein by reference. By clicking the box below or by using any other electronic mechanism presented to signify acceptance of these Terms and Conditions, I agree to and accept these Terms and Conditions.