TERMS AND CONDITIONS FOR BRAND NEW UNSIGNED 2014-2015 COMPETITION
1. This competition will be governed by these terms and conditions (the “Terms”) and entrants agree that they have read and understood these Terms and will be bound by them.
2. Entrants must have an Instagram account and may enter the competition by uploading a new video of themselves performing an original song onto their Instagram profile, complete with the hashtag #MTVBrandNewUnsigned (the “Hashtag”). The video must not be longer than fifteen (15) seconds in duration in accordance with Instagram’s policy. Attaching the Hashtag to an existing video on Instagram will not be a valid entry. Costs to enter the competition via the internet may vary so please check with your service provider for current charges. Entrants should seek the permission of the person paying the bill before entering.
3. Where the entrant is a band, the maximum number of performers that can make up the band is four (4). These terms and conditions shall apply to all band members. Where a band comprises two (2) or more individuals, the applicable entrant hereby confirms that they are authorised to act on behalf of all members of the band.
4. Only unsigned artists may enter this competition. For the avoidance of doubt, “unsigned” shall mean the artist must not have entered into a recording deal that includes an obligation on the artist to deliver a long playing album or albums. It shall be at the Promoter’s sole discretion in determining whether an artist is unsigned for the purposes of entry to this competition.
5. Entrants can only enter entirely original musical compositions and performances for this competition. For the avoidance of doubt, “entirely original” shall mean music and lyrics that have been composed by the entrant performing the song and no-one else, and the song does not contain any samples or mash-ups of any other musical works. To the extent that there is a backing track in an entrant’s song, the entrant must own the copyright in the backing track.
6. The closing date for entries is 12pm (GMT) on 10 November 2014.
7. This competition is open to residents of the United Kingdom and the Republic of Ireland, aged eighteen (18) or over only. Where the entrant is a band, all band members must be aged eighteen (18) or over.
8. This competition is not open to employees and immediate relatives of employees of MTV Networks Europe (the “Promoter”) and/or L’Oreal (UK) Limited (“L’Oreal”) or of their respective parents, subsidiaries or affiliated companies or any other person professionally connected with this competition.
9. One (1) entry per person or band. Multiple entries will be void and the entrant disqualified. For the avoidance of doubt, where an entrant has entered as a band they cannot also enter as a solo artist (and vice-versa).
10. One (1) winner will be selected by a panel comprising representatives from the Promoter, L’Oreal and an independent judge (the “Panel”). The winner shall be the individual artist or band who, in the Panel’s opinion, has uploaded the video that displays the most potential in terms of musical talent and is most aligned with the Promoter’s target audience and brand. The Panel reserves the right to look into background information about the winning artist or band, including but not limited to their number of followers on social media sites, other information and activities about the artist or band on social media sites, recorded videos of previous performances and any other information the Panel considers relevant to judge the solo artist or band.
11. The winner will be selected by 17 November 2014.
12. The winner shall receive:
• Tickets* to the Promoter’s Brand New launch event at the end of November 2014 and two live shows taking place at the end of January 2015 (the exact dates to be determined by the Promoter);
• One (1) filmed acoustic session in the Promoter’s News Studio in January 2015 (the exact date to be determined by the Promoter).
*Where the winner is a band, all members of the band shall receive these tickets. Where the winner is a solo artist, the winner shall receive tickets for himself or herself and one (1) guest, who must be at least eighteen (18) years old.
THE PRIZE DOES NOT INCLUDE TRAVEL COSTS, ACCOMMODATION OR SPENDING MONEY.
THE WINNER AND HIS/HER GUEST (WHERE RELEVANT), OR EACH MEMBER OF THE WINNING BAND (WHERE RELEVANT) MUST BE AVAILABLE TO ATTEND THE BRAND NEW LAUNCH EVENT, LIVE SHOWS AND FILMED ACOUSTIC SESSIONS IN LONDON AND AT THE DATES AND TIMES AS ADVISED BY THE PROMOTER. NO ALTERNATIVE DATES WILL BE AVAILABLE.
13. For the avoidance of doubt, the prizes do not consist of anything other than expressly set out in Term 12 above and no additional costs are included.
14. The winner may be required to provide a written acknowledgement of acceptance of all the Terms of the competition prior to receiving their prize.
15. The winner of the prize is responsible for all applicable taxes and expenses not specified in the prize description.
16. The winner will be notified by direct message through Instagram within two (2) days of being selected and will receive written confirmation and full details of the prize by telephone or e-mail within two (2) days of being notified that they are a winner.
17. In the event that the Promoter cannot for any reason contact any prize winner within forty-eight (48) hours of first attempting to do so, the Promoter reserves the right to select another winner, who will be selected by the Panel applying the same criteria as that used to select the original winner.
18. The Promoter reserves the right to select an alternative winner in the event that the Promoter has reasonable grounds for believing that the selected winner has contravened any of these Terms. Any alternative winner will be selected by the Panel applying the same criteria as that used to select the original winner.
19. The Promoter reserves the right to terminate the competition and withhold the prize in the event that, in the Promoter's reasonable opinion, there are insufficient entries or the entries received are of insufficient quality for the Promoter to be able to select a winner. The Promoter’s decision is final with respect to any aspect of the competition, including the determination of any winner of the prize. No correspondence will be entered into.
20. The Promoter reserves the right to take down any entry that, in the sole opinion of the Promoter: (i) contains inappropriate, obscene, offensive, or defamatory material; (ii) contains (or appears to contain) material the copyright or trademark in which is owned by, or likely owned by, a third party; or (iii) for any reason may infringe or violate the rights of any person or entity.
21. By entering this competition all entrants hereby grant to the Promoter and their respective parents, subsidiaries and affiliated companies a perpetual, worldwide, royalty-free, irrevocable, non-exclusive licence to use, reproduce, copy, adapt, transmit, broadcast, publish or delete any information or other material including without limitation, the entrant’s name, entry, photograph, likeness, biographical information, voice, text, images, designs, audio and/or video clips submitted in entering or any statement made by them concerning the competition ("Submissions") in any and all media as they, in their discretion, see fit.
22. By entering this competition, all entrants hereby grant the Promoter the exclusive right to film, tape, sound record and photograph all their activities in connection with the competition and (if applicable) any prizes. Everything filmed, taped or recorded by the Promoter shall be known as “Footage”. All Footage shall be owned by the Promoter and all entrants agree that the Promoter can use any Footage in any and all media in perpetuity throughout the world as the Promoter in its sole discretion sees fit.
23. All entrants hereby irrevocably and unconditionally assign to the Promoter with full title guarantee (and by way of present assignment of present and future rights) all intellectual property rights in any Footage throughout the world for the full unexpired period of such rights and all renewals, reversions and extensions of such period as may be provided under any applicable law throughout the world.
24. All entrants hereby irrevocably and unconditionally waive in favour of the Promoter, the Promoter’s affiliates and their licensees, assigns and successors in title, all moral rights in any Submissions and/or Footage to which he or she is, or may at any time in the future be, entitled.
25. Entrants acknowledge that they may be required to be used in publicity without further consent or payment if they are selected as a winner.
26. The Promoter can accept no responsibility for entries lost, delayed, misdirected, damaged or undelivered. Incomplete, inaudible and/or illegible entries will be disqualified. The Promoter shall not be responsible for technical errors in telecommunications networks, internet access or otherwise preventing entry to any competition.
27. The prizes are as stated and are non-transferable. No cash alternatives will be offered. If due to circumstances beyond the Promoter’s control the Promoter is unable to provide any stated prize or any part of it, the Promoter reserves the right to award a substitute prize of equal or greater value. All prizes are subject to the additional terms and conditions of the manufacturer or supplier.
28. No purchase necessary.
29. The Promoter shall not be liable for any delay in performing or partial or total failure to perform any of its obligations to the winner and/or any guests under these Terms if such delay or failure is caused by circumstances beyond its reasonable control including without limitation delays, 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, accidents, fire, flood, natural catastrophes, global health crises or arising without limitation out of or in connection with (i) the activities of third party event organisers; (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 services included in the prize. For the avoidance of doubt, the affected winner and/or any guests shall be solely liable for any additional costs incurred as a result.
30. Nothing in these Terms shall limit the Promoter’s liability for death or personal injury caused by negligence of the Promoter and/or deceit or fraud by Promoter.
31. 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.
32. This competition is in no way sponsored, endorsed or administered by, or associated with, Instagram, and entrants understand that they are providing information to the Promoter and not to Instagram. Entrants hereby release and hold harmless Instagram from and against any and all claims, injury or damage arising out of or relating to participation in this competition.
33. The name of the winner can be obtained by sending a stamped, self-addressed envelope to MTV Networks Europe, 17-29 Hawley Crescent, London, NW1 8TT (specifying the name of the competition), for one (1) month after the competition closes.
34. Any personal information, including without limitation, the entrant's name, age, address (including postcode), telephone number and/or email address will be used solely in connection with this competition and will not be disclosed to any third party except for the purpose of fulfilling the prize(s) where applicable. Any personal information held by the Promoter in respect of any competition will be held on record for a reasonable period to fulfill the purpose for which such personal information was collected.
35. Only entries from individuals will be accepted. Any entries that the Promoter 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. The Promoter reserves the right to discount multiple entries from the same IP address.
36. These Terms may be amended or varied at any time by the Promoter on notice. No waiver of any rights by the Promoter or any entrant will be taken as a waiver of any other rights it may have. For example, if the Promoter waives its right to complain about a particular breach of these Terms by an entrant, it does not prevent the Promoter from complaining about other breaches.
37. These Terms 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.
38. Any queries regarding the competition should specify the name of the competition and be addressed to:
MTV Networks Europe, 17-29 Hawley Crescent, London, NW1 8TT.