MTV Breaks & Sony The Walk Competition Terms And Conditions
TERMS AND CONDITIONS FOR MTV BREAKS, ‘THE WALK’, & VR CREATE OPPORTUNITY
1. As part of MTV Breaks, MTV Networks Europe (“MTVNE”) is offering the following opportunity (the “Initiative”) in connection with TriStar Pictures’ upcoming motion picture currently titled ‘The Walk’. The winner of the Initiative will have the opportunity to attend a one-week virtual reality (VR) training immersion programme in Los Angeles, described in further detail below (the “Experience”).
2. The Initiative is subject to and governed by these terms and conditions (the “Terms”). By making a submission in accordance with term 3 below, each entrant agrees that they have read and understood these Terms and shall be bound by them.
3. Entrants may put themselves forward to be considered for the Experience by including in one tweet on their personal twitter account:
(a) a description of a film concept that would make a great virtual reality (VR) experience;
(b) a link to one or more examples of creative content they have created eg films, designs, audio works (this could be to the entrant’s own website, blog or social profile if publically viewable including without limitation, Tumblr, WordPress, Vimeo, and YouTube); and
(c) the hashtags #MTVBreaks and #ImpossibleDream
(the “Entry Content”).
4. The closing time for entries is 12 midday on 30 October 2015 (all times stated are UK time).
5. This Initiative is open to residents of the following countries only:
Argentina, Australia, Austria, Belgium, Bulgaria, Chile, Colombia, Czech Republic, Denmark, Ecuador, Finland, France, Germany, Greece, Hungary, Indonesia, Mexico, Netherlands, New Zealand, Norway, Peru, Philippines, Poland, Romania, Singapore, Slovakia, South Africa, South Korea, Sweden, Switzerland, Taiwan, Turkey, United Kingdom, Uruguay and Venezuela.
6. 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 a 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 Twitter account;
(e) hold a valid passport and have the right to travel to and enter the United States for the purposes and full duration of the Experience;
(f) be available to participate in the Experience on the ground in United States for one week between January and June 2016;
(g) have a reasonable understanding of English and be comfortable and confident conversing in English;
(h) not be a professional filmmaker or have previously been employed or otherwise worked in a professional capacity as a filmmaker; and
(i) not be an employee or immediate relative of an employee of MTVNE, Viacom International Inc., Columbia TriStar Marketing Group, Inc. (“CTMG”), CreateVR with Create Advertising Group (“Create”) (collectively “Initiative Entities”) and/or their respective parents, subsidiaries or affiliated companies or any other person professionally connected with this Initiative.
7. All entrants must adhere to all rules and terms of Twitter available at www.twitter.com.
8. Prior to making the final selection, MTVNE shall shortlist up to 10 entrants from all eligible entries received prior to the closing date based on the film concepts which, in the opinion of MTVNE are the most unique and/or the most creative. MTVNE also reserves the right to take into account the quality and type of creative work previously created by the entrants in selecting the shortlist. Such shortlisted entrants will be notified by MTVNE by a direct message to his or her Twitter account. Entrants will subsequently be asked to provide (and provide appropriate documents evidencing) their full name, age, address (including postcode), and passport number. MTVNE may also request such other information as it considers relevant for to the Experience. MTVNE shall then arrange a time to speak to each of the shortlisted entrants by telephone to run through the documentation provided. Shortlisted entrants will be asked about their previous filmmaking experience and skillset as well as their career aspirations and how they think participating in the Experience will benefit them. A panel of judges (which shall include no less than one independent member) shall then review the shortlisted entries and select one successful entrant (the “MTV Breaker”). The MTV Breaker will be the shortlisted entrant who, in the judging panel’s opinion, is the most suitable for the Experience in all the circumstances, taking into account the entrant’s concept for a virtual reality film, the entrant’s previous creative work, the entrant’s future career aspirations and how the taking part in the Experience will benefit the entrant.
9. 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.
10. One (1) entry per person. Multiple entries by the same entrant (including where such entrant uses multiple social media accounts) may not be considered and the entrant may be disqualified.
11. MTVNE reserves the right to contact any and/or all entrants by a direct message on Twitter throughout the term of the Initiative in relation to these Terms and the Experience and entrants are advised to ensure they can receive messages from @mtvbreaks and to regularly check for messages.
12. The MTV Breaker will be selected and notified on or before 30 November 2015 and announced on the MTV Breaks website once they have been notified.
13. The MTV Breaker will receive the chance to attend a one week training immersion programme at virtual reality shop, Create, an advertising agency based in Culver City, Los Angeles. The training immersion programme shall include the following topics:
• Overview of the VR landscape, headsets and formats where the MTV Breaker will be introduced to various VR formats and then run through tutorials and experiences
• Production for VR — understanding production constraints and capabilities — hands-on practice with a VR camera rig and introduction to stitching
• Tutorials on production philosophy, material capture, and stitching — including test shoots and hands-on stitch.
In addition, as part of the Experience the MTV Breaker shall receive:
(a) return economy class air travel to Los Angeles from the closest international airport to the MTV Breaker’s home address that has flights to Los Angeles;
(b) seven nights’ accommodation at a hotel in Los Angeles within 15 minutes’ drive of Create on a bed and breakfast basis; and
(c) return transfers between the airport in Los Angeles and the hotel;
(d) daily return transport in a pre-booked yellow cab between the hotel and Create;
(e) assistance with applying for (and reimbursement of the cost of obtaining) any VISAs/ESTA’s required to visit the USA;
(f) access to a chaperone with local knowledge whilst in Los Angeles; and
(g) a reasonable ‘per diem’ to cover the MTV Breaker’s lunch and dinner costs.
The approximate value of the Experience is approximately $15,000, 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.
14. The MTV Breaker is solely responsible for (at the MTV Breaker’s cost and expense):
(a) any and all applicable taxes;
(b) ensuring he or she is fully able to travel to and enter the United States and participate in the Experience for one week in 2016 (exact dates to be agreed between MTVNE and the MTV Breaker);
(c) obtaining suitable travel insurance;
(d) arranging and paying for all travel arrangements to and from the relevant departure airport; and
(e) any other costs and expenses other than those expressly identified in term 13 (including, without limitation, spending money).
15. EACH ENTRANT MUST BE AVAILABLE TO TRAVEL TO LOS ANGELES FOR ONE WEEK BETWEEN JANUARY AND JUNE 2016 TO PARTICPATE IN THE EXPERIENCE. THE EXACT DATE FOR THE EXPERIENCE SHALL BE SUBJECT TO AGREEMENT BETWEEN THE MTV BREAKER AND MTVNE BUT IS EXPECTED TO TAKE PLACE BETWEEN JUNE AND JULY 2016 EXCLUDING TRAVEL AROUND EASTER AND OTHER PUBLIC HOLIDAYS IN THE UNITED STATES.
16. If an MTV Breaker fails to contact MTVNE as requested or fails to provide the information referred to in Term 8 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.
17. 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.
18. Twitter shall have no responsibilities in respect of the Initiative. The Initiative is in no way sponsored, endorsed or administered by, or associated with Twitter. Entrants hereby release Twitter from all liability arising out of or in connection with the Initiative.
19. MTVNE reserves the right to terminate the Initiative (or any part thereof) and cancel the Experience in the event that, in MTVNE's opinion, there are insufficient entries for MTVNE to be able to select an MTV Breaker for the Experience 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.
20. 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, Twitter 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 20. 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).
21. 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 storyboards) 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 owned by the Initiative Entities. 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, license, 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 the Initiative Entities (as appropriate).
22. Each MTV Breaker hereby grantion, 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 elementto all such films, tapes, recordings and photographs. In connection therewith, the Initiative Entities 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 the Initiative Entities worldwide in any and all media (whether now known or hereafter invented).
23. 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.
24. 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 22 and 23 above to which such entrant is, or may at any time in the future be, entitled.
25. 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) is not otherwise offensive or illegal in any way or depicts or simulates any activity that is offensive or illegal.
26. 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 Twitter 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.
27. Prior to being awarded the 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.
28. 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.
29. 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.
30. 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.
31. All entrants acknowledge and agree that participating in the Experience is not intended to create any relationship of employment between the Initiative Entities and any entrant and the entrant is under no obligation to complete the Experience.
32. The Initiative Entities 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 the Initiative Entities and/or their personnel and/or deceit or fraud by the Initiative Entities and/or their personnel.
33. The Initiative Entities 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 the Initiative Entities’ 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.
34. 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.
35. The name of the MTV Breaker can be obtained by sending a stamped, self-addressed envelope to: MTV Breaks, “The Walk”, & VR Create Opportunity, MTV Networks Europe, 17-29 Hawley Crescent, London, NW1 8TT, for one (1) month after the closing date.
37. 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.
38. NO PURCHASE OF GOODS AND/OR SERVICES WHATSOEVER IS NEEDED BY ENTRANTS IN ORDER TO PARTICIPATE IN THE INITIATIVE.
39. These Terms may be amended or varied at any time by MTVNE on notice.
40. 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.
41. 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.
42. 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.
43. Any queries regarding the Initiative should be addressed to:
MTV Breaks, “The Walk”, & VR Create Opportunity , MTV Networks Europe, 17-29 Hawley Crescent, London, NW1 8TT.