PHOTOS FOR “EMMA BUNTON’S PERFECT XMAS” TERMS AND CONDITIONS
MTV Networks Europe intends to broadcast a programme provisionally entitled “Emma Bunton’s Perfect Xmas” (the “Programme”). The first broadcast of the Programme is intended to take place on 14 November 2014. MTV viewers are invited to tweet their own Christmas family photos (the “Photo(s)”) using the hashtag #EmmasPerfectXmasPics (the “Hashtag”). We intend to select between twelve (12) and eighteen (18) Photos to be featured in the Programme.
These are the legal terms that apply when you tweet any Photos using the Hashtag. Please read these terms carefully before tweeting any Photos using the Hashtag as once you tweet a Photo using the Hashtag you will be bound by these terms. If you do not agree to any of these terms do not tweet a Photo using the Hashtag. If you have any questions you can contact us as set out below.
1. OUR DETAILS
“MTV”, "we", "us" and "our" means MTV Networks Europe which is a Delaware partnership between MTV Networks Europe Inc and Viacom Networks Europe Inc. Our principal place of business is at 17-29 Hawley Crescent, London, NW1 8TT.
(a) “You” and “your” mean any MTV viewers tweeting Photos using the Hashtag for inclusion in the Programme in accordance with these terms and conditions.
(b) In order to be eligible to submit Photos, you must:
i. be a resident of the UK or the Republic of Ireland; and
ii. be aged eighteen (18) or over at the time of tweeting any Photo(s) using the Hashtag; and
iii. hold a Twitter account; and
iv. not be an employee or immediate relative of an employee of MTV and/or MTV’s respective parents, subsidiaries or affiliated companies or any other person professionally connected with the Programme.
3. RULES AND DEADLINE FOR TWEETING PHOTOS
(a) You may tweet your Photos using the Hashtag until midday (GMT) on 28 October 2014 (the “Submission Deadline”). MTV will not consider any Photos for inclusion in the Programme if they are tweeted after the Submission Deadline.
(b) You may tweet as many Photos using the Hashtag as you wish.
(c) There is no charge for tweeting Photos using the Hashtag.
4. SELECTION OF PHOTOS AND NOTIFICATION
(a) We will convene a panel (the “Panel”) responsible for selecting Photos to be featured in the Programme. The Panel will only consider Photos tweeted before the Submission Deadline which comply with the eligibility criteria.
(b) Photos using the Hashtag will be selected by the Panel for inclusion in the Programme at the Panel’s absolute discretion. The Panel will consider whether eligible Photos tweeted using the Hashtag are of sufficient technical quality so as to be capable of broadcast, whether they comply with all UK broadcast regulations including all relevant rules, regulations, codes of practices promulgated by Ofcom, including the Ofcom Broadcasting Code, and any other relevant factors the Panel in its discretion sees fit.
(c) We will not notify you if your Photo or Photos have been selected for inclusion in the Programme.
5. YOUR LICENCE TO US
(a) By tweeting your Photos using the Hashtag, you hereby grant to us, our respective parents, subsidiaries and affiliated companies a, royalty-free, sub-licensable, irrevocable, exclusive licence to:
i. include your Photos in the Programme; and
ii. include your name, home town and/or location in the Programme in connection with the inclusion of your Photos
and to broadcast, exhibit and otherwise exploit the Programme in perpetuity, worldwide and in any and all media (whether now known or hereafter invented).
(b) You grant us the right to crop, manipulate or otherwise edit any Photo(s) in the course of exercising our rights in paragraph (a) above.
(c) We have no obligation to include your Photo(s) in the Programme and may remove your Photo(s) from the Programme at any time for any reason.
6. YOUR UNDERTAKINGS TO US
(a) You hereby confirm that:
i. you are the sole owner of any copyright in the Photos tweeted using the Hashtag. If you are not the sole owner, you confirm that you have obtained the consent of the relevant owner (and such owner has consented to the Photos being used and in accordance with these terms and conditions) or you have obtained the consent of the person featuring in the Photos (and such person has consented to the Photos being used and in accordance with these terms and conditions); and
ii. the Photos tweeted by you do not include any third party branding, logos, artwork or any other copyright work unless you have obtained the consent of the relevant owner of any third party branding, logos, artwork and such owner has consented to the relevant branding, logos and/or artwork being used in the Photo in accordance with these terms and conditions; and
iii. if another person appears in a Photo tweeted by you that you have obtained the relevant person’s permission to feature in the Photos and for the Photos to be used in accordance with these terms and conditions.
(b) You hereby undertake that nothing in the Photos you tweet using the Hashtag:
i. is defamatory;
ii. is sexually explicit or suggestive, contains nudity or any dangerous activity or is profane, pornographic or violent;
iii. is derogatory of any ethnic, racial, gender, religious, professional or age group or endorses any form of hate or hate group;
iv. promotes the use of illegal drugs or firearms;
v. promotes any particular political agenda or message;
vi. reveals any personal information, including but not limited to licence plate numbers, personal names, email addresses or street addresses; or
vii. is otherwise offensive or illegal.
7. WAIVER OF MORAL RIGHTS
You, as the sole author of the Photo(s) using the Hashtag, waive all moral rights in respect of the use to be made of the Photo(s) by us pursuant to these terms and conditions to which you may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 or under any similar legislation from time to time in force anywhere in the world.
We will comply with all applicable UK data protection legislation from time to time in respect of any personal information you submit to us.
(a) We will not be liable to you (whether as a result of contract law, tort, statutory duty or otherwise) for any loss or damage arising from or in any way connected with your tweeting of Photos in respect of any losses:
i. that are related to a business or commercial undertaking
ii. that were unforeseeable
iii. that are related to loss of opportunity, loss of goodwill or injury to reputation
iv. that are suffered by third parties who are not users of our online services
v. that are caused by loss of data, or computer virus
vi. in respect of infringement of rights arising as a result of a third party linking to our online services and causing our content to be viewed within the pages of any other website
vii. that are due to your fault, for example if you have provided incorrect information to us, where you erase an element of the online service provided to you or you fail to comply with the instructions for use of our online services as explained by us
viii. if you have a claim against another user of our online services you will pursue that claim independently and without recourse to us.
(b) We do not in any way seek to limit or exclude our liability to you for death or personal injury or any loss arising as a result of fraud.
Each provision of these terms and conditions excluding or limiting liability is to be construed separately and will apply and survive even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances. Each of the provisions of these terms and conditions excluding or limiting liability will remain in force notwithstanding any termination of these terms or termination or suspension of your access to our online services.
11. NO WAIVER
No waiver of any rights by either you or us will be taken as a waiver of any other rights you or we may have. For example if we waive our rights to complain about a particular breach of these terms by you it does not prevent us from complaining about other breaches.
12. GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and any disputes shall be subject to the exclusive jurisdiction of the English Courts.
13. CONTACT DETAILS
Any queries regarding the Photos and/or the Programme should be addressed to:
FAO Avinash Kalra, “Emma Bunton’s Perfect Xmas Photos”, MTV Networks Europe, 17-29 Hawley Crescent, London, NW1 8TT.