Terms And Conditions For MTV Breaks 2015 MTV EMA Experience Opportunity
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 2015 (the “Initiative”):
(a) the experience of event photography at a large event, shooting in connection with MTV Breaks at the EMA 2015; (the “Photographer Experience”);
(b) the experience of being part of a live event make up team, assisting at the EMA 2015 (the “Make-up Artist Experience”);
(c) the experience of being part of a graphic design team, helping to create materials for the EMA 2015 (the “Graphic Designer Experience”); and
(d) the experience of being part of a team of digital correspondents, reporting on matters relating to the EMA 2015 (the “Digital 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 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 an Experience as follows:
(a) to be considered for the Photographer Experience, entrants should post an original photograph on their personal Instagram account which creatively captures an exciting moment in the entrant’s life, with the hashtags #MTVBreaks #EMAPhotographer;
(b) to be considered for the Make-up Artist Experience, entrants should create a Pinterest board of what the entrant considers interesting visual references (such as shapes, colours and concepts) and big ideas around this year’s EMA theme of ‘Imagination and Surrealism’, with the aim of bringing this year’s EMA theme to life and inspiring a make-up team to deliver some incredible looks. Entrants should Tweet the link to their Pinterest board [to @MTVBreaks] with the hashtag #MTVBreaks #EMAmakeup or share the Pinterest board with MTV Breaks directly on Pinterest (using the “Send a Board” function on Pinterest); or
(c) to be considered for the Graphic Designer Experience, entrants should create an original new version of the winners’ award envelope using the MTV EMA 2015 logo provided on the entry page and post an image of their design on the entrant’s personal Twitter or Instagram account, with the hashtags #MTVBreaks #EMADesign; or
(d) to be considered for the Digital Experience, entrants should create and post on their personal Instragram account an original video clip (with a duration of no more than 15 seconds) summing up the best moment in the entrant’s day, with the hashtags #MTVBreaks #EMADigital
(the “Entry Content”). In respect of Entry Content posted on Instagram, this should be a new post (rather than adding the relevant hashtag to an existing post).
4. The closing time for entries is 17:00 on 11 September 2015 (all times stated are UK time).
5. This Initiative is open to residents of the following countries only:
Albania, Argentina, Austria, Belgium, Bosnia, Canada (but excluding the province of Quebec), Colombia, Croatia, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, India, Ireland, Israel, Italy, Kosovo, Macedonia, Mexico, Montenegro, Netherlands, New Zealand, Nigeria, Norway, Pakistan, Poland, Portugal, Romania, Russia, San Merino, Serbia, Slovenia, South Africa, Spain, Sweden, Switzerland, Turkey, Vatican City, United Kingdom, USA.
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 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 an Instagram, Twitter and/or Pinterest account (as applicable);
(e) hold a valid passport and have the right to travel to and enter Italy for the purposes and full duration of the Experience;
(f) be available from 22 to (and including) 26 October 2015 to participate in the Experience on the ground in Italy;
(g) in respect of the Graphic Designer Experience, reasonably available throughout September to correspond and develop ideas with the relevant mentoring team;
(h) not be or have previously been employed or otherwise work or previously have worked in a professional capacity as a photographer, make-up artist, graphic designer or blogger or otherwise in digital or social media; and
(i) 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.
7. All entrants must adhere to all rules and terms of Instagram, Twitter and Pinterest available at www.instagram.com, www.twitter.com and www.about.pinterest.com.
8. 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 and who the judging panel considers to be most suitable for the relevant Experience in all the circumstances.
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 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.
11. MTVNE reserves the right to contact any and/or all entrants by a direct message on Instagram or Twitter throughout the term of the Initiative in relation to these Terms and the Experiences and entrants are advised to regularly check for messages.
12. The MTV Breaker for each Experience will be selected on or around 24 September 2015.
13. 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 Milan;
(c) four nights’ accommodation at a three star hotel in or around Milan on a room only basis from 22 to 26 October 2015; and
(d) transfers from the airport in Milan to the accommodation on 22 October 2015 and return transfers on 26 October 2015.
The approximate 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.
14. 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 Italy and participate in the Experience from 22 to 26 October 2015;
(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 13 (including, without limitation, spending money).
15. Prior to making their final selection, the judging panel may shortlist up to 20 entrants in relation to each Experience to consider which entrant is the most suitable. Such shortlisted entrants will be notified by MTVNE by a direct message to his or her Instagram, Twitter or Pinterest 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. The judging panel may also request such other information as they consider relevant for to an Experience. EACH ENTRANT MUST BE AVAILABLE TO TRAVEL ARRIVING IN MILAN, ITALY ON 21 OCTOBER 2015 AND DEPARTING ON 26 OCTOBER 2015. NO ALTERNATIVE DATES WILL BE AVAILABLE.
16. If an MTV Breaker fails to contact MTVNE as requested or fails to provide the information referred to in Term 15 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. Instagram, Twitter and Pinterest 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 Pinterest. Entrants hereby release Instagram, Twitter and Pinterest 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 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.
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, Instagram, Twitter or Pinterest 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 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.
22. 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).
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) 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.
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 Instagram, Twitter, Pinterest 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 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.
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 MTVNE and any entrant and the entrant is under no obligation to complete the Experience.
32. 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.
33. 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.
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 for each Experience can be obtained by sending a stamped, self-addressed envelope to: FAO MTV Breaks EMA 2015, 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:
FAO MTV Breaks EMA 2015, MTV Networks Europe, 17-29 Hawley Crescent, London, NW1 8TT.