Terms and Conditions

These terms govern your application to the KixStart Artist Scholarship program (the “Program”) and your use and our provision of the website through which your application is made and processed. In addition to these terms and conditions, your application will be governed by the KixStart Privacy Policy and KixStart Eligibility Criteria at https://KixStart.CMAworld.com and all terms and provisions included on the KixStart Application (“Application”) https://KixStart.CMAworld.com.

These Terms and Conditions are limited strictly to your activities in connection with the Site, the Program and related materials including the evaluation of your Application to the Program. They do not extend to the use of other CMA owned or related websites or applications. The Program requires Applicants to apply for membership in the CMA, all information entered into the CMA Membership Database shall be subject to the policies governing such membership information and not these Terms and Conditions.

ANY DISPUTE BETWEEN YOU AND CMA MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.

  • Agreement. Regardless of how you use the Site, your conduct when you use the Site is governed by this Agreement. CMA may amend these terms. Amendments will be effective thirty (30) days following CMA’s posting of the amendment on the Site. If you do not agree to any change to these terms, you may withdraw your Application by sending an email notice to the administrators at KixStart@CMAworld.com. CMA may immediately terminate this agreement with respect to you (including your access to the Site) if you fail to comply with any provision of these terms. CMA may terminate the KixStart Program at any time for any reason.

    By initiating an Application for the Program, you signify your agreement to be bound by this Agreement (including any amendments) and to abide by all applicable laws, rules and regulations (“Applicable Law”). All interpretations of these Terms and Conditions and all conditions of application (including eligibility criteria) shall be governed by the decisions of CMA with respect thereto which decisions shall be in the sole discretion of CMA. Please read this Agreement carefully. If you do not agree to be bound by this Agreement and to abide by all Applicable Law and the decisions and interpretations of CMA, you should withdraw your Application and must immediately discontinue use of the Site.

  • Affirmative Representations Regarding Your Application and Your Use of the Site. When you use the Site and in connection with your Application, you represent that: (a) you (the party completing the Application) are the applicant and not a representative of the applicant (except with respect to other members of your Duo or Group); (b) you or the Duo/Group you represent meet all eligibility criteria for the Program and the information you submit is truthful and accurate; (c) your use of the Site and your Application submission do not violate any applicable law or regulation or otherwise infringe upon the rights of any third party (including without limitation contractual rights, copyright, trademark and rights of publicity); (d) you are 21 years of age or older; (e) you are a legal resident of the United States; and, (f) you will comply with all applicable rules related to online conduct herein.

    In the event that you are making an Application to the Program on behalf of a Duo or Group, you represent that you are authorized to make the Application on behalf of all members of the Duo or Group and that all members of such Duo or Group listed on the Application have been provided access to and agreed to these Terms and Conditions and the KixStart Privacy Policy. You should obtain and retain evidence of this agreement by all members in writing as you may be requested to provide a copy of same in connection with your Application

    If at any time it becomes known that you any of the above representations was or has become false or incorrect, CMA may disqualify your Application from consideration or may remove you (or the Duo or Group you are representing) from the Program.

  • KixStart Privacy Policy. In connection with your use of the Site and your Application, please review the KixStart Privacy Policy (http://KixStart.CMAworld.com/PrivacyPolicy.html) in order to understand how CMA collects and uses information we obtain from you when you access, visit or use the Site or Application. The KixStart Privacy Policy is part of and is governed by this Agreement and by agreeing to this Agreement, you agree to be bound by the terms of the KixStart Privacy Policy and agree that CMA may use information collected from you in accordance with its terms.

  • Ownership of the Site, the Program and Related Materials. The Site, the Program and related materials are CMA’s copyrighted property or the copyrighted property of CMA’s licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Site, the Program and related materials are owned by CMA or its licensors or licensees. Except as CMA specifically agrees in writing, no element of the foregoing may be used or exploited in any way other than as part of the submission of your Application. By using the Site, CMA does not transfer ownership to any portion of the Site to you. Country Music Association®, CMA Fest®, and CMA Awards® are all registered trademarks of Country Music Association, Inc. All Rights Reserved.

  • Ownership of Materials Developed by CMA in Connection with the Program. All materials, creative and otherwise, that are developed by CMA throughout the course of the Program, including without limitation, photographs, audio and video recordings of Recipients and Applicants, Recipients and Participants, promotional materials, the content of communications to all participants and materials developed by Service Providers acting on behalf of CMA in connection with the Program are owned by CMA (“CMA Materials”). To the extent any Applicants, Recipients or Participants in the Program have contributed any content to such CMA Materials, each such party hereby grants to CMA the right to use such content in connection with the CMA Materials in all media now known or hereafter discovered in perpetuity. This may include but not be limited to such parties’ name, image, likeness, and performances contained in such CMA Materials. The foregoing is not intended to effect a transfer of such parties’ pre-existing rights to any creative material (such as a video or photo owned by such party outside of the Program).

  • Application Content. The Site and Application requires the submission, uploading or otherwise making available text, images, audio, video, or other content (“Application Content”), which may be accessible and viewable by CMA staff, members of the Program Selection Committee and Service Providers as provided in the KixStart Privacy Policy. For purposes of these Terms and Conditions all materials that you submit in your Application are considered Application Content. All Application Content and materials will be deleted from CMA’s system upon the determination of Recipients of the Program and will not be returned to any applicant. Applicants should ensure that all materials submitted are copies and are not the original materials.

    When you post or submit Application Content you represent and warrant that:

    • all Application Content is accurate as of the date posted and that you will notify CMA of any changes to the information immediately upon such change;
    • you own or have sufficient rights to post your Application Content on or through the Site, including without limitation all Application Content posted on behalf of a Duo or Group (you may be asked to provide written evidence of this permission);
    • you will not post Application Content that violates CMA’s or any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation copyright) or contract rights;
    • you have fully complied with any third-party licenses relating to the Application Content and shall pay all royalties, fees and any other monies required to be paid in connection with the Application Content that you post to or through the Site(s);
    • you will not post Application Content that: (i) is defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, promotes racism, bigotry, sexism, religious intolerance or harm against any group or individual, exploits anyone in a sexual or violent manner or otherwise objectionable;
    • you will not post Application Content that constitutes, contains, installs or attempts to install or promote spyware, malware or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the online or other activities of another party.


    CMA does not claim ownership to your Application Content; however, by providing this content you grant CMA a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such content, in whole or in part, without further notice to you, and without the requirement of permission from or payment to you or any other person or entity solely in connection with the evaluation of your Application and candidacy to the Program.

    You represent and warrant that your Application Content conforms to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your Application Content in all manners contemplated by these terms.

    You agree to indemnify and hold CMA and our affiliated companies (including Kix Brooks and his related companies), and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your Application Content.

  • Finalists and Alternates. Upon the determination of Finalists and Alternates for the Program, each such person (and for Duos or Groups, the person representing that Duo or Group as identified in the Application) will be notified by email (to the email listed in the Application) and informed of the Selection Committee’s decision. Finalists and Alternates will be required to (i) re-confirm all information provided in their Application; (ii) identify information provided in that may be used in Program promotion (or alternatively that may not be used in such promotion); and, (iii) execute and provide any additional information required in connection with a written consent to perform a background check of such applicant. In the event that any applicant indicates that information previously provided in the Application was or has become incorrect, the Selection Committee may determine to disqualify the applicant or, for immaterial matters, may determine to correct the information provided (such determination to be in the sole discretion of the Selection Committee). If the results of the background check disclose any information regarding applicant (or any member of a Duo or Group) that the Selection Committee determines may, as a result of including the applicant in the pool of Finalists, Alternates or Recipients, reflect poorly on the CMA or the Program, the Selection Committee may, in their sole discretion, determine to exclude the applicant from the pool of Finalists or Alternates. All determinations by the Selection Committee are final and non-appealable.

  • Expenses. All expenses related to the completion of the Application are the sole responsibility of each applicant. Finalists and Alternates will be required to participate in an interview and performance in the presence of members of the Selection Committee in Nashville Tennessee. All expenses of travel and accommodations related to such party’s appearance shall be the sole responsibility of such Finalist or Alternate. Additionally, with respect to Recipients of the Scholarship, all Program-related travel will be based out of Nashville Tennessee. That means that Recipient’s travel to and from Nashville from Recipients’ home and related accommodations while in Nashville will be at the Recipient’s expense. Travel for Program-related destinations to and from Nashville (for Recipients only) will be arranged by CMA at CMA expense and paid directly by CMA. Such travel will cover coach class airfare, ground transfers and hotel while on-site for the Program. Hotel expenses include only room and applicable taxes and do not include the expense of additional incidental expenses such as parking, room service, bar or other similar expenses. In the event that direct travel by a Recipient from his/her/their residence to a Program-related location is more efficient than debarking from Nashville, upon the prior agreement of CMA, CMA may agree to pay the expense of such direct travel. Any additional persons who wish to travel with Recipients shall be at Recipient’s expense and in all cases subject to the prior approval of CMA. Program activities may be limited only to Recipients.

  • Recipients’ Required Activities, Ineligibility for Certain Awards, Confidentiality and Press Releases. The Program description includes a number of activities that are required of participants. In the event that any participant fails to attend one or more of such activities, CMA may disqualify such participant from further participation in the Program. All such decisions are final and non-appealable and are in the sole discretion of CMA.

    Artists in the program are ineligible for nomination for the following CMA Awards in the calendar year they are selected and in the following year: Entertainer, Male Vocalist, Female Vocalist, Vocal Duo, Vocal Group, Single (as an artist), Album (as an artist), Musical Event, Music Video, Musician, and New Artist of the Year.

    Recipients may be provided certain non-public information with respect to the Program and the CMA during their participation in the Program and agree to keep all such information confidential and not use or disclose such information to any third party without the prior authorization of CMA in writing.

    Any and all publicity or press releases concerning the Program and the operation thereof, including without limitation the announcement of Finalists or Recipients shall be conducted solely by CMA. No participant may release any Program information to the public without the prior written consent of CMA.

  • Relationship to Kix Brooks. The KixStart Artist Scholarship was named in honor of Kix Brooks, a long-serving member of the CMA Board of Directors who was instrumental in establishing the Artist Relations Committee of the CMA Board of Directors. Other than the use of Mr. Brooks’ name in connection with the Program and his membership on the CMA Board of Directors, Mr. Brooks has no relationship with the Program and does not control or influence the decisions of the Selection Committee in the selection of Finalists, Alternates or Recipients or the policies or administration of the Program or this Site by CMA Staff and the Selection Committee. Mr. Brooks and his affiliates are third party beneficiaries to these Terms and Conditions.

  • Disclaimers and Limitation on Liability. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” CMA DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.

    CMA SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF CMA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL CMA BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).

  • Restrictions on Use of the Site. You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage the Site or connected network, or interfere with any person or entity’s use or enjoyment of the Site. Additionally, you agree not to access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Site using a robot, spider, scraper or other automated means or manual process without our express written permission.

  • Prohibited Activities. In addition to the obligations described above, you agree that in connection with your use of the Site, you will not:
    • use the Site for any unauthorized purpose;
    • impersonate any other person or entity, sell or let others use your identity or profile, provide false or misleading identification or address information, or invade the privacy or violate the personal or proprietary right of any person or entity;
    • decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Site or any portion thereof; or,
    • circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any content.


  • Third-Party Services and Content. The Site may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You should read the terms of use agreements and privacy policies that apply to such third-party services and content. If you access the Site using an Apple iOS, Android or Microsoft Windows-powered device, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this Agreement. However, these third-party beneficiaries are not a party to this Agreement and are not responsible for the provision or support of the Site. You agree that your access to the Site using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service. When you access the Site through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply.

  • Claims of Copyright Infringement. Notifications of claimed copyright infringement and counter notices must be sent to CMA’s designated agent as provided in the CMA Privacy Policy (which can be found at CMAworld.com/privacy) and in the CMA Digital Millennium Copyright Act Notice (which can be found at CMAworld.com/dmca).

  • Binding Arbitration and Class Action Waiver. You and CMA agree to arbitrate all disputes between you and CMA or its affiliates, except disputes relating to the enforcement of CMA or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning the Site or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and CMA empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.

    In the event of a dispute, you or CMA must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute to Arbitration Notice; c/o Senior Vice President, Business Affairs; Country Music Association, Inc.; 35 Music Square East; Nashville, TN 37203. CMA will send any notice of dispute to you at the contact information we have for you. You and CMA will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or CMA may commence arbitration. The dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.

    If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US $1,000, whichever is greater.

    The arbitration will take place in Nashville Tennessee and will be resolved in accordance with Tennessee law without giving effect to any conflict of law principles.

    PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor CMA will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

  • Indemnity. You agree to indemnify and hold CMA, its affiliates (including Kix Brooks and his affiliated parties) and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your Application Content, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

  • Severability. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

  • Survival. The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.

  • Waiver. No waiver of any provision of these terms by CMA shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

  • Independent Contractors. Nothing in this Agreement shall be deemed to create an agency, partnership, joint venture, employer/employee relationship of any kind between CMA and any user of the Site.

  • Assignment. CMA may assign its rights under this Agreement without your approval.

Country Music Association®, KixStart®, CMA Fest®, and CMA Awards® are registered trademarks of Country Music Association, Inc.

© Country Music Association, Inc. 2019, All Rights Reserved.