TTC Underground Sounds Subway Musician Auditions - Auditions Terms and Conditions
TORONTO TRANSIT COMMISSION (“TTC”)
UNDERGROUND SOUNDS (SUBWAY MUSICIANS PROGRAM) 2024-2027 (“Program”)
ONLINE AUDITIONS
ONLINE AUDITIONS RULES (“Rules”)
NOTE: MUSICIANS ARE TO CAREFULLY READ THESE RULES BEFORE PRECEEDING TO PARTICIPATE IN THE AUDITIONS OR COMPLETE AND SUBMIT AN AUDITION. FAILURE TO FOLLOW THESE RULES MAY RESULT IN AN INCOMPLETE AUDITION AND NO FURTHER CONSIDERATION OF THE AUDITION.
1. AUDITIONS PERIOD
1.1 Friday, March 1st, 2024, 08:00 A.M. Eastern Standard Time (EST) to, subject to the auditions limit set out in section 3, Sunday, March 31, 2024,11:59:00 P.M. EST (the “Auditions Deadline”).
2. AUDITIONS ELIGIBILITY
2.1 To participate in the Auditions (as defined in section 4.1), a musician must be eighteen (18) years of age or older and reside in the Province of Ontario.
2.2 Employees (including regular full-time, regular part-time, temporary full-time, temporary part-time, student full-time, student part-time, co-op, casual and fixed term) of TTC and their immediate family members (spouse, parent, sibling and child) and any person with whom they are domiciled are not eligible to participate in the Auditions or to submit an Audition.
3. AUDITIONS LIMIT
3.1 Auditions (as defined in section 4.1) are limited to whichever of the following occurs first:
i. The first one hundred and seventy-five (175) completed auditions submitted in accordance with and in compliance with these Rules received by the Auditions Deadline.
ii. Completed auditions submitted in accordance with and in compliance with these Rules received by the Auditions Deadline.
3.2 For clarity, upon the submission of the Auditions described in section 3.1(i), the Auditions (as defined in section 4.1) will be closed.
4. AUDITIONS - GENERAL
4.1 Each audition is comprised of the following two (2) components (each, an “Audition” and collectively, “Auditions”):
(i) The upload of a musical performance video to YouTube (the “Audition Video”).
(ii) Completion and submission of the Auditions application form which includes the link of Audition Video (the “Audition Form”).
4.2 Auditions must be submitted in accordance with and in compliance with these Rules.
4.4 Musicians may only participate and submit one (1) Audition as either, (i) single performance; or (ii) duo performance.
4.5 Duo performance is comprised of no more than two (2) musicians.
4.6 Should any musician participate and submit more than one (1) Audition, the first Audition Form submitted in accordance with and in compliance with these Rules will be deemed the musician’s Audition and any and all subsequent Audition Forms will not be considered by TTC.
4.7 TTC may, in its sole discretion, not consider any Audition from a musician who completes and submits an Audition, who has previously been issued a licence by TTC to perform in the TTC subway system, and has been charged under TTC By-law No. 1 at any time during the period from January 1, 2018 to the time of submission of the musician’s Audition.
4.8 In the event of a breach by a musician of these Rules, TTC may, in its sole discretion, restrict musician from participating in applications or auditions of subsequent terms of the TTC Underground Sounds (Subway Musicians Program) for a period of time deemed appropriate by TTC, in its sole discretion.
5. YOUTUBE NOT INVOLVED
5.1 The Auditions are in no way sponsored, endorsed, or administered by, or associated with YouTube. By participating in the Auditions or submitting an Audition, each musician hereby completely releases the YouTube of all and any liability in respect of the Auditions.
5.2 Any questions, comments, or complaints regarding the Auditions are to be directed to TTC and not to YouTube.
6. AUDITION VIDEO
6.1 The Audition Video submitted is to be comprised of three (3) musical pieces.
6.2 The Audition Video is not to exceed five (5) minutes in length.
6.3 Musicians are permitted to use in the Audition Video such instruments as acoustic and electric guitars with battery operated amplifier, ukulele, saxophone, trombone, clarinet, flute, pan flute, cello, violin, upright bass, battery powered keyboard, harp, steelpan drums, theremin and didgeridoo.
6.4 Musicians are not permitted to use in the Audition Video the following:
(i) Such instruments as acoustic and electronic drums, percussion instruments, digital production samplers, trumpets, and microphones.
(iii) Any background music or sounds through phone, computer, tape recorder, compact disc player, MP3 player, keyboard, or any electrical equipment including, but not limited to, microphones, reverberation units, stomp or multi-effects boxes, strobe lights, and spotlights.
(iii) Amplifiers, except portable battery-operated amplifiers.
6.5 The Audition Video must be one (1) continuous, unedited recording, and recorded during the Auditions period set out in section 1.1.
6.6 The Audition Video must be uploaded to YouTube. Musicians are responsible to meet all usage rules, services terms, policies, guidelines, and notices of YouTube applicable to the use of YouTube and applicable to the uploading of the Audition Video onto the YouTube platform.
6.7 The Audition Video must meet the following conditions:
(i) Not violate any law, statute or regulation.
(ii) Not give rise to any claims whatsoever, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights or interests of any third party.
(iii) Not give rise to any claims whatsoever, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights or interests of any third party.
(iii) Not be defamatory, libelous, or obscene, and not contain,
depict, discuss or otherwise involve, without limitation, nudity, alcohol or
drug consumption or smoking, explicit or graphic sexual activity, or sexual
innuendo, crude, vulgar or offensive language or symbols, derogatory
characterizations of any ethnic, racial, sexual, religious or other groups,
content that endorses, condones or discusses any illegal behaviour, personal
information of individuals, commercial messages, comparisons or
solicitations for products or services, any identifiable third party
products, trade-marks, brands or logos (unless the appropriate consents
have been obtained).
(iv) Must be in compliance with these Rules.
7. AUDITION FORM
7.1 The Audition Form must be completed in its entirety, including the Audition Video link.
7.2 If participating in the Auditions and submitting an Audition as a duo performance, one (1) of the two (2) musicians of the duo performance must complete the Audition Form for both musicians, referenced as the “main musician” in the Audition Form, and will be the main contact for the purposes of the Audition. Should there be any issues with the contact information of the main musician, TTC will use the contact information of the second musician for the purposes of the Audition.
7.3 Following submission of the Audition Form, if the Audition Video link in the Audition Form does not work or has been removed from the YouTube platform, the Audition will be deemed non-compliant and not considered any further by TTC.
7.4 Upon submission of the completed Audition Form, the musician will receive an email confirmation from TTC that their Audition has been received.
8. AUDITION EVALUATION
8.1 The Audition evaluation is comprised of the following two (2) components:
(i) Review of the Audition by Special Events & Program Specialist, Marketing and Customer Experience, Toronto Transit Commission, or their designate, confirming the Audition Form is complete, the Audition Video link functions, and, subject to Judging, the Audition is in compliance with these Rules (the “Review”).
(ii) Review and scoring of the Audition Video by judges (the “Judging”).
8.3 Any Audition which meets the Review requirements is eligible for Judging.
8.4 The Judging will be carried out from March 2, 2024, 12:01 A.M. EST to March 31, 2024, 11:59 P.M. EST in accordance with the following:
(i) There will be three (3) judges. Each judge is an accomplished musician, celebrity, or music organization employee, and has a background or experience in music, performance, the technical area of the entertainment industry, or the business area of the entertainment industry.
(ii) The judges will score each Audition Video on the following three (3) categories, with each category having a total value of one hundred (100) points:
(A) Musicianship: The knowledge, skill, and artistic sensitivity in performing the music, such as hitting the correct notes and key, transitioning between different genres and tempos of music.
(B) Entertainment value: The ability to be entertaining, such as showing a variety of music repertoire and genre, music originality, and performance uniqueness.
(C) Stage presence: The ability of the musician to capture and command the attention of the audience, directing, and controlling that attention by being impressive in the musician’s appearance, body language, charismatic speech, and general mannerisms.
(iii) The judges will score each Audition Video in each category based on the following scoring scale:
(iv) The score of each Video Audition will be the average of the total scores of the category scores of each judge for a score of points out of three hundred (300) points, and for clarity, calculated as follows (the “Video Audition Score”):
| Score | Rating | Description |
| 81 to 100 | Excellent | Fully meets the category requirement. Fully demonstrates the category requirement. |
| 61 to 80 | Good | Meets the category requirement. Demonstrates the category requirement. |
| 41 to 60 | Adequate | Adequately meets the category requirement. Demonstrates an understanding or ability to meet the category requirement. |
| 21 to 40 | Fair | Does not sufficiently meet the category requirement. Demonstrates a limited understanding or ability to meet the category requirement. |
| 0 to 20 | Poor | Does not meet the category requirement. Does not demonstrate the category requirement. |
J1 + J2 + J3
3
where
J1 is the total of the category scores of the first judge,
J2 is the total of the category scores of the second judge, and
J3 is the total of the category scores of the third judge.
8.5 Any musician who completes and submits an Audition, who has previously been issued a licence by TTC to perform in the TTC subway system, and who was charged under TTC By-law No. 1 at any time during the period from January 1, 2018 to the time submission of the musician’s Audition, the Video Audition Score of the musician will be adjusted subtracting five (5) points for each charge under TTC By-law No. 1 received by the musician during the note period (“Score Reduction”).
8.6 The Video Audition Score minus the Score Reduction will be the final score of the Audition Video (the “Video Audition Final Score”).
8.7 Any Audition Video link which does not work, has been removed from the YouTube platform, or does not comply with these Rules will not be scored, the Audition will be deemed non-compliant, and not considered any further by TTC.
8.8 The top eighty-nine (89) musicians with the highest Video Audition Final Score will be provided an invitation to attend a Program information session and provided an opportunity to be issued a licence to perform in the TTC subway system under the Program (each a “Successful Musician”).
8.9 From April 1, 2024 to April 12, 2024, inclusive, TTC shall notify each Successful Musician that they are a Successful Musician.
9. LICENCE
9.1 For a Successful Musician to be issued a licence by TTC to perform in the TTC subway system under the Program, the Successful Musician must to the following between April 19, 2024 and April 26, 2024, inclusive:
(i) Be in compliance with these Rules.
(ii) Attend the Program information session.
(iii) Pay the licence fee in the amount of One Hundred and Ninety-Seven Dollars and Seventy-Five Cents ($197.75). The licence fee is to be paid in cash. The licence fee is payable by each musician. For clarity, each musician in a duo performance must pay the licence fee.
(iv) Sign the 2024-2027 Underground Sounds TTC Subway Musicians Program Licence Agreement (the “Agreement”). The Agreement can be viewed on the TTC public website at the following: https://www.ttc.ca/doing-business-with-the-ttc/Subway-Musicians/get-involved .
9.2 Upon completion of the requirements set out in section 9.1 by the Successful Musician, TTC will issue to the Successful Musician a Program Photo Identification (each a “Program Musician”) .
9.3 The licence issued to the Program Musician by TTC shall commence on April 29, 2024, 12:00 A.M. EST and expire on April 28, 2027, 11:59 P.M. EST in accordance with the Agreement.
9.4 Once a Program Musician, the Program Musician and their participation in the Program will be bound by the Agreement.
9.5 Should any Successful Musician not complete the requirements set out in section 9.1, the Successful Musician will no longer be eligible as a Successful Musician and forfeits any and all rights to any participation in the Program, and TTC reserves the right, to notify the musician with the next highest Video Audition Final Score as a Successful Musician and the provisions of section 9 will apply.
10. RELEASE OF LIABILITY AND LIMITATION OF LIABILITY
10.1 By participating in the Auditions and submitting an Audition, each musician accepts and agrees to, (a) be legally bound by these Rules, including the eligibility requirements; (b) be bound by the decisions of TTC in the Review; (c) be bound by the scoring from the Judging; and (c) waive any and all claims against TTC and its board members (and their designates), directors, officers and employees, and the judges who carried out the Judging for any injury, damage, or loss that may occur, directly or indirectly, in whole or in part, from the musician’s participation or attempted participation in the Auditions.
10.2 TTC shall not be responsible for any incorrect or inaccurate transcription or registration of any Audition information, technical malfunctions, lost or delayed data transmission, omission, interruption, deletion, defect, faulty, incomplete, incomprehensible, or erased computer or network transmissions, line failures of any network, failure of computer equipment, software, inability to access any online service or web site, including the inability to upload the Audition Video to YouTube, or any other error or malfunction, or any injury or damage to musician’s or any other person’s computer related to or resulting from participating in the Auditions, submitting an Audition, uploading the Audition Video to YouTube, or downloading any materials in the Auditions.
10.3 TTC shall not be responsible for any costs or expenses associated with the participation in the Auditions or the submission of an Audition by any musician, including compliance with these Rules, or meeting the requirements of section 9.1 by any Successful Musician.
11. CONSENT TO PUBLICITY
11.1 By accepting and receiving a licence from TTC to participate in the Program, each Program Musician authorizes TTC to use in any related publicity the Program Musician’s name as provided in the Audition and in accordance with these Rules, photograph, image, likeness, voice, and any statements the Program Musician may make regarding the Program for TTC advertising and promotional purposes in perpetuity, in any form of media including the Internet, without limitation and without additional compensation or consideration, permission or notification, unless prohibited by law.
12. COMMUNICATIONS
12.1 All communications from any musician participating in the Auditions shall be gender neutral and free of racial slurs or other racial language.
13. RULES AND LAWS
13.1 The Auditions will be carried out in accordance with these Rules, which shall be subject to amendment by TTC without notice or liability to the musicians. Each musician must comply with these Rules and each musician will be deemed to have read, understood, and agreed to these Rules by participating in the Auditions or submitting an Audition.
13.2 The decisions of TTC in relation to the Auditions will be final and binding on all musicians.
13.3 The Auditions are subject to all applicable federal, provincial, and municipal laws and regulations and is governed by the laws of the Province of Ontario and each musician submits to the exclusive jurisdiction of the courts of the Province of Ontario in the City of Toronto.
14. CANCEL AND AMEND
14.1 TTC reserves the right to cancel, modify, or suspend the Auditions or to amend these Rules at any time in any way, without prior notice, for any reason whatsoever. Without limiting the foregoing, if for any reason the Auditions are not capable of running as originally planned, or due to technical failure, computer virus or bug, unauthorized human intervention, fraud or any other occurrence or abuse beyond TTC’s control, TTC reserves the right to cancel or suspend the Auditions.