MTV Breaks EMA 2016 TERMS & CONDITIONS
TERMS AND CONDITIONS FOR MTV BREAKS EMA EXPERIENCE OPPORTUNITY
1. As part of MTV Breaks, MTV Networks Europe (“MTVNE”) is offering the following opportunities in connection with the EMA 2016 (the “Initiative”):
(a) the experience of event photography at a large event, shooting in connection with MTV Breaks at the EMA 2016; (the “Photographer Experience”);
(b) the experience of being part of a live event costume design team, assisting at the EMA 2016 (the “Costume Designer Experience”);
(c) the experience of being part of a social media team, helping to create materials for the EMA 2016 (the “Snapchat Producer Experience”); and
(d) the experience of DJing live at an MTV event relating to the EMA 2016 (the “DJ Experience”),
each an “Experience” and together the “Experiences”.
2. The Initiative is subject to and governed by these terms and conditions (the “Terms”). By making a submission in accordance with term 3 and, if relevant, 4 below, each entrant agrees that they have read and understood these Terms and shall be bound by them.
3. Stage 1
Entrants may put themselves forward to be considered for an Experience as follows:
(a) to be considered for the Photographer Experience, entrants should post an original action shot photograph on their personal Instagram account, with the hashtag #MTVBreaksphotographer;
(b) to be considered for the Costume Designer Experience, entrants should post an image of their best original costume design, either sketched or made, on their personal Instagram account with the hashtag #MTVBreaksCostume; or
(c) to be considered for the Snapchat Producer Experience, entrants should create an original photo snap, using doodles, stickers and/or emojis, that illustrates that the entrant has the skills to be an MTVBreaks Snapchat Producer. The entrants should post a screen grab of the snap, including their Snapchat account name, on their personal Instagram or Twitter account with the hashtag #MTVBreakssnapchat; or
(d) to be considered for the DJ Experience, entrants should post, on their personal Instagram or Twitter account, the reason why the entrant has the skills to DJ at an MTV EMA event, with the hashtag #MTVBreaksDJ
The closing time for entries in respect of Stage 1 is 17:00 on 23 September 2016 (all times stated are UK time).
4. Stage 2
The judging panel shall shortlist up to 20 entrants in relation to each Experience. Such shortlisted entrants will be notified by MTVNE by a direct message to his or her Instagram or Twitter account and will be asked to provide (and provide appropriate documents evidencing) their name, age, address (including postcode), telephone contact number, e-mail address, passport number and confirm their country of residence. In addition, the entrants must complete Stage 2 which takes place between 27 to 30 September 2016, in respect of the relevant Experience:
(a) Photographer Experience – talk the judging panel through the photograph they posted at Stage 1, explaining what it says about their passion to be a photographer;
(b) Costume Designer Experience – show the judging panel their styling skills by sketching an original costume design in accordance with a brief to be determined by MTVNE;
(c) Snapchat Experience – show the judging panel their Snapchat skills by creating an original Snapchat story of a day in their life, to be no more than 60 seconds, by editing together Snapchat videos and using Snapchat graphics, filters and extras. Such video to be emailed to MTVNE in accordance with MTVNE’s instruction;
(d) DJ Experience – show the judging panel their DJ skills by creating an original 10 minute DJ mix that they would play at the EMAs. Such video to be emailed to MTVNE in accordance with MTVNE’s instruction.
The closing time for entries in respect of Stage 2 is 17:00 on 30 September 2016 (all times stated are UK time).
5. “Entry Content” shall mean any and all content submitted by the entrants of the Initiative. In respect of Entry Content posted on Instagram, this should be a new post (rather than adding the relevant hashtag to an existing post).
6. This Initiative is open to residents of the following countries only:
Albania, Australia, Austria, Belgium, Bosnia, Canada (but excluding the province of Quebec), China, Colombia, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, India, Indonesia Ireland, Israel, Italy, Japan, Kosovo, Macedonia, Malaysia, Mexico, Montenegro, Netherlands, Philippines, New Zealand, Nigeria, Norway, Pakistan, Poland, Portugal, Romania, Russia, San Marino, Singapore. Slovenia, Slovakia, South Africa, Spain, Sweden, Switzerland, Taiwan, Thailand, Turkey, United Kingdom, Vatican City, Vietnam.
7. To be eligible to participate in the Initiative, entrants must fulfil each of the following criteria:
(a) be between eighteen (18) and twenty six (26) years of age at the time of entry;
(b) be resident in a country where it is lawful to participate in the Initiative and the Experience in accordance with these Terms (and it is the responsibility of the entrant to ensure that he or she may lawfully participate);
(c) have obtained parental consent where relevant;
(d) hold a personal Instagram, Snapchat and/or Twitter (as applicable);
(e) hold a valid passport and have the right to travel to and enter the Netherlands for the purposes and full duration of the Experience;
(f) be available from 3 to (and including) 7 November 2016 to participate in the Experience on the ground in the Netherlands;
(g) not be or have previously been employed or otherwise work or previously have worked in a professional capacity as a photographer, costume designer, DJ, Snapchat producer or blogger or otherwise in digital or social media; and
(h) not be an employee or immediate relative of an employee of MTVNE, Viacom International Inc. and/or their respective parents, subsidiaries or affiliated companies or any other person professionally connected with this Initiative.
As all personnel involved in the Experiences will primarily be speaking English, MTVNE recommends that entrants have a reasonable understanding of English and are comfortable conversing in English.
8. All entrants must adhere to all rules and terms of Instagram, Twitter and Snapchat available at www.instagram.com, www.twitter.com and www.snapchat.com.
9. A panel of judges (which shall include no less than one independent member) shall review eligible entries received prior to the closing time and select one successful entrant for each Experience (each, an “MTV Breaker”). The MTV Breaker will be, in respect of each Experience, the entrant who, in the judging panel’s opinion, submitted the most original and creative Entry Content at Stage 1 and (where relevant) Stage 2 and who the judging panel considers to be most suitable for the relevant Experience in all the circumstances. Each successful entrant will be notified of such on or around 6 October 2016.
10. The Initiative is free to enter. However, internet costs in submitting Entry Content may vary so entrants should check with their service provider for current charges and seek the permission of the person paying the bill before entering.
11. One (1) entry per Experience per person. Multiple entries for the same Experience by the same entrant (including where such entrant uses multiple social media accounts) may not be considered and the entrant may be disqualified.
12. MTVNE reserves the right to contact any and/or all entrants by a direct message on Instagram, Twitter or Snapchat throughout the term of the Initiative in relation to these Terms and the Experiences and entrants are advised to regularly check for messages.
13. The MTV Breaker for each Experience will be selected on or around 24 September 2016.
14. As part of the Experience, each MTV Breaker will receive:
(a) mentoring style support (of at least four (4) hours) in relation to their Experience;
(b) economy class air travel from an airport of MTNVE’s choice to Rotterdam;
(c) four nights’ accommodation at a three star hotel in or around Rotterdam on a room only basis from 3 to 7 November 2016; and
(d) transfers from the airport in Rotterdam to the accommodation on 3 November 2016 and return transfers on 7 November 2016.
The retail value of each Experience is approximately £1000, and is subject to change based on current market conditions at time of fulfillment of the Experience, the time of travel and the distance between departure and destination. No other substitution, transfer or cash equivalent is permitted.
15. Each MTV Breaker is solely responsible for (at the MTV Breaker’s cost and expense):
(a) obtaining all relevant permissions, consents and releases from any individuals who may be identifiable in or from any Entry Content;
(b) any and all applicable taxes;
(c) ensuring he or she is fully able to travel to and enter the Netherlands and participate in the Experience from 3 to 7 November 2016;
(d) obtaining any relevant documentation, permissions and/or consents (including, without limitation, valid passports, visas and/or other travel permits);
(e) obtaining suitable travel insurance;
(f) arranging and paying for all travel arrangements to and from the relevant departure airport; and
(g) any other costs and expenses other than those expressly identified in term 14 (including, without limitation, spending money).
16. EACH ENTRANT MUST BE AVAILABLE TO TRAVEL ARRIVING IN ROTTERDAM, THE NETHERLANDS ON 3 NOVEMBER AND DEPARTING ON 7 NOVEMBER. NO ALTERNATIVE DATES WILL BE AVAILABLE.
17. If an MTV Breaker fails to contact MTVNE as requested or fails to provide the information referred to in Term 4 within a reasonable time, MTVNE reserves the right to disqualify them and immediately select an alternative MTV Breaker who will be selected applying the same criteria as used to select the original MTV Breaker.
18. MTVNE reserves the right to disqualify an MTV Breaker and select an alternative MTV Breaker in the event that MTVNE has reasonable grounds for believing that an MTV Breaker has contravened any of these Terms.
19. Instagram, Twitter and Snapchat shall have no responsibilities in respect of the Initiative. The Initiative is in no way sponsored, endorsed or administered by, or associated with, Instagram, Twitter or Snapchat. Entrants hereby release Instagram, Twitter and Snapchat from all liability arising out of or in connection with the Initiative.
20. MTVNE reserves the right to terminate the Initiative (or any part thereof) and cancel the Experiences or any of them in the event that, in MTVNE's opinion, there are insufficient entries for MTVNE to be able to select an MTV Breaker for any or all Experiences or, in MTVNE’s opinion, improper conduct by an entrant (or any number of them) has rendered the Initiative unfair to all entrants. MTVNE’s decision is final with respect to any aspect of the Initiative, including the determination of the MTV Breakers. No correspondence will be entered into.
21. By submitting the Entry Content, all entrants hereby grant to MTVNE and its respective parents, subsidiaries and affiliates a perpetual, irrevocable, worldwide, royalty-free, unlimited, non-exclusive licence to (and authorise others to) edit, copy, modify, transmit, adapt, collate, publish, broadcast, display, reproduce, delete and otherwise use in any and all media (whether now known or hereafter invented):
(a) all Entry Content; and
(b) any information or other material (including without limitation, the entrant’s name, entry, photograph, likeness, biographical information, Instagram, Twitter or Snapchat handle or screen name, voice, text, images, designs, audio and/or video clips) submitted in entering or any statement made by them concerning the Initiative (“Submissions”) by any means and in any and all media as they, in their discretion, see fit
and entrants hereby warrant and undertake that they have all rights necessary to grant such rights as set out in this term 21. For the avoidance of doubt (but without limitation) each MTV Breaker’s name, location, and Entry Content and a selection of Entry Content from other entrants may be broadcast on-air and/or posted across MTVNE’s or its affiliates’ social media platforms (but MTVNE shall not be under any obligation to do so).
22. Each MTV Breaker acknowledges and agrees that all materials (including, but not limited to, photographs, images, stills, films, recordings, text, reports, data, designs, documents, graphics, artwork, scripts and moodboards) created by them as part of or in connection with an Experience and all other physical materials created by them in connection with such materials (together, “Experience Materials”) and all rights subsisting therein shall be solely owned by MTVNE. Each MTV Breaker hereby irrevocably and unconditionally assigns to MTVNE with full title guarantee (including by way of present assignment of present and future rights) all right and title in and to the Experience Materials throughout the world. MTV Breakers shall not use, sell, licence, publish or otherwise exploit any Experience Materials (including, without limitation, by posting any Experience Materials on social media platforms) without the prior written consent of MTVNE.
23. Each MTV Breaker hereby grants MTVNE the exclusive right to film, tape, sound record and photograph them at, and in connection with, the Initiative and any Experience (and/or any related publicity event or promotional activity) and MTVNE shall own all right and title in and to all such films, tapes, recordings and photographs. In connection therewith, MTVNE shall have the right to use and authorise others to use the MTV Breaker’s name, likeness and any biographical facts which may have been provided by the MTV Breaker to MTVNE worldwide in any and all media (whether now known or hereafter invented).
24. Entrants acknowledge and agree that they may be required to participate in publicity without further consent or payment if they are selected for an Experience.
25. Insofar as possible under applicable law, each entrant hereby irrevocably and unconditionally waives in favour of MTVNE, MTVNE’s affiliates and their licensees, assigns and successors in title, all moral rights and any rights of a similar nature in any (a) Submissions; (b) Experience Materials and (c) any materials created in connection with activities referred to in terms 23 and 24 above to which such entrant is, or may at any time in the future be, entitled.
26. Each entrant hereby confirms and shall ensure that the Entry Content:
a) is not defamatory;
b) is not sexually explicit or suggestive, contains nudity or any dangerous activity or is profane, pornographic or violent;
c) is not, expressly or impliedly, derogatory of any ethnic, racial, gender, religious, professional or age group or endorses any form of hate or hate group;
d) does not promote any particular political agenda or message;
e) does not contain any symbols, clothing or other messages associated with any gang;
f) does not contain any music which has not been composed in its entirety by the entrant and is in all other respects the original work of the entrant;
g) does not contain any third party logos or brand names;
h) has not been copied from and does not infringe or breach the rights (including, but not limited to, any intellectual property rights including any copyright or design rights) of any third party;
i) does not reveal any personal information including, but not limited to, personal names, email addresses, street addresses or license plate numbers;
j) does not show any identifiable individual unless such individual has expressly consented to featuring in such Entry Content (and for such Entry Content to be used in connection with MTV Breaks);
k) does not contain any website links;
l) is not otherwise offensive or illegal in any way or depicts or simulates any activity that is offensive or illegal.
27. Each entrant hereby confirms and promises that it shall immediately at MTVNE’s request remove such Entry Content as MTVNE directs and/or any link thereto from Instagram, Twitter, Snapchat and any other platform or website on which the Entry Content has been available by or on behalf of the entrant in connection with the Initiative.
28. Prior to being awarded an Experience, MTVNE may require the MTV Breaker (along with a parent or legal guardian where required by law) to sign any documents relating to any Submissions, the Experience, Experience Materials and/or acknowledgment of acceptance of all the Terms and the MTV Breaker acknowledges and agrees that participation in the Experience is conditional upon such signature.
29. Decisions as to whether Entry Content breaches or infringes these Terms in any way shall be made at the sole discretion of MTVNE. Entry Content that does not comply in all material respects with the Terms may not be considered.
30. MTVNE can accept no responsibility for entries lost, delayed, misdirected or undelivered. Incomplete entries will not be considered. MTVNE shall not be responsible for technical errors in telecommunications networks, Internet access or otherwise preventing submission of an entry.
31. The Experiences are as stated and non-transferable. No cash alternatives will be offered. If due to circumstances beyond MTVNE’s reasonable control MTVNE is unable to provide any Experience, MTVNE reserves the right to award a substitute Experience.
32. All entrants acknowledge and agree that participating in the Experience is not intended to create any relationship of employment between MTVNE and any entrant and the entrant is under no obligation to complete the Experience.
33. MTVNE shall not be liable for any loss or damage howsoever caused (whether in contract, tort or statutory duty or otherwise) arising out of or in connection with the Initiative and/or the Experience other than death or personal injury caused by negligence of MTVNE and/or their personnel and/or deceit or fraud by MTVNE and/or their personnel.
34. MTVNE shall not be liable for any delay in performing or partial or total failure to perform any of its obligations to any MTV Breaker under these Terms if such delay or failure is caused by circumstances beyond MTVNE’s reasonable control including without limitation delays (to postal services or otherwise), changes, disruptions, cancellations, diversions or substitutions howsoever caused including, without limitation, as a result of war, terrorist action or threatened terrorist action, strikes, hostilities, civil commotions, legal or regulatory changes, accidents, fire, flood or natural catastrophes or arising, without limitation, out of or in connection with (i) the activities or third party event organisers or third parties providing any element of an Experience; (ii) any form of transportation (including but not limited to flights, trains, coaches, buses, ferries, taxis or cars); and/or (iii) by third parties providing accommodation included in the Experience. For the avoidance of doubt, the affected entrant shall be solely liable for any additional costs incurred as a result.
35. Each provision excluding or limiting liability is to be construed separately and will apply and survive even if for any reason any of the other provisions are held to be inapplicable or unenforceable in any circumstances. Each of the provisions excluding or limiting liability will remain in force notwithstanding any termination of these Terms.
36. The name of the MTV Breaker for each Experience can be obtained by sending a stamped, self-addressed envelope to: FAO MTV Breaks EMA 2016, MTV Networks Europe, 17-29 Hawley Crescent, London, NW1 8TT, for one (1) month after the closing date.
38. Only entries from individuals are accepted. Any entries that MTVNE believes have: (a) been made via participation in a syndicate; or (b) via any form of machine assisted intervention enabling computer generated multiple entries, will be disqualified. MTVNE reserves the right to discount multiple entries for an Experience from the same IP address.
39. NO PURCHASE OF GOODS AND/OR SERVICES WHATSOEVER IS NEEDED BY ENTRANTS IN ORDER TO PARTICIPATE IN THE INITIATIVE.
40. These Terms may be amended or varied at any time by MTVNE on notice.
41. No waiver of any rights by MTVNE or any entrant will be taken as a waiver of any other rights it may have. For example, if MTVNE waives its right to complain about a particular breach of these Terms by an entrant, it does not prevent MTVNE from complaining about other breaches.
42. Nothing in these Terms shall restrict MTVNE from doing anything necessary to ensure that MTVNE complies with its legal or regulatory obligations and MTVNE may cancel or amend the Initiative (in whole or any part thereof) if to not do so would put MTVNE in breach of applicable law or, in MTVNE’s reasonable opinion, impair the reputation of MTVNE or any of its affiliated companies.
43. These Terms shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.
44. Any queries regarding the Initiative should be addressed to:
FAO MTV Breaks EMA 2016, MTV Networks Europe, 17-29 Hawley Crescent, London, NW1 8TT.