TERMS AND CONDITIONS FOR MTV BREAKS EMA EXPERIENCE OPPORTUNITY
1. As part of MTV Breaks, MTV Networks Europe (“MTVNE”) is offering the opportunity to win the following at the EMA 2014 (the “Initiative”): (a) experience life as a photographer, shooting in connection with the EMA 2014; (the “Photographer Experience”); (b) experience life as a cameraperson for MTV, reporting on the EMA 2014 (the “Videographer Experience”); and (c) helping the EMA creative team to design and help make a costume for the EMA 2014 (the “Designer 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, entrants agree that they have read and understood these Terms and will be bound by them.
3. Entrants may put themselves forward for an Experience by posting a picture of the following on their Instagram account: (a) to be considered for the Photographer Experience, an original photograph capturing a moment about the entrant’s day that they love, with the hashtags #MTVBreaks #Photographer; (b) to be considered for the Designer Experience, an original costume design (which may be an original costume made by entrant or the entrant’s original sketch for a costume design), with the hashtags #MTVBreaks #Designer; or (c) to be considered for the Videographer Experience, an original video clip of no more than 15 seconds which provides an insight into the world as seen by the entrant, with the hashtags #MTVBreaks #Cameraperson (the “Entry Content”).
4. This Initiative is open from 09:00 on 23 August 2014 and the closing time for entries is 17:00 on 19 September 2014 (all times are UK time).
5. This Initiative is open to residents of the following countries only: Argentina, Australia, Austria, Belgium, Canada (but excluding the province of Quebec), China, Colombia, Croatia, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, India, Ireland, Israel, Japan, Malaysia, Mexico, Netherlands, New Zealand, Nigeria, Norway, Poland, Portugal, Romania, Russia, Singapore, South Africa, Spain, Sweden, Switzerland, Taiwan, 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 account; (e) where entrants are not resident in the UK, hold a valid passport and have the right to travel to and enter the UK for the purposes and duration of the Experience; (f) be available from 6 to 10 November 2014 to participate in the Experience; (g) not be have been employed or otherwise worked as a photographer, cameraman or reporter or in a marketing or digital media role in a professional capacity; 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.
7. All entrants must adhere to Instagram’s rules and terms including the Terms of Service and Community Guidelines available at www.instagram.com.
8. A panel of judges (which shall include no less than one member independent of MTVNE) shall review eligible entries received prior to the closing time and select one successful entrant for each Experience (each, an “MTV Breaker”). The MTV Breakers will be the entrants who, in the judging panel’s opinion, have submitted the most original and creative Entry Content and who have demonstrated a fresh and unique perspective.
9. The Initiative is free to enter. However, costs of submitting the Entry Content via the Internet 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. For the avoidance of doubt, this also applies where the same entrant uses multiple Instagram accounts. Multiple entries for the same Experience by the same entrant will be void and the entrant disqualified.
11. MTVNE reserves the right to contact any and/or all entrants by a direct message on Instagram throughout the term of the Initiative in relation to these Terms and the Experiences and entrants are advised to regularly check their Instagram accounts for messages.
12. The MTV Breaker for each Experience will be selected on or around 29 September 2014.
13. As part of the Experience, each MTV Breaker will receive: (a) mentoring style support (of approximately four (4) hours) in relation to their Experience; (b) economy class air travel (if travelling from outside of the UK) or economy class rail travel (if travelling from within the UK) to Glasgow; (c) four nights’ accommodation at a three star hotel in or around Glasgow on a room only basis from 6 November to 10 November 2014; and (d) transfers from the airport or railway station in Glasgow (as applicable) to the accommodation on 6 November 2014 and return transfers on 10 November 2014.
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 whose image may be identifiable in or from any Entry Content; (b) all applicable taxes; (c) ensuring he or she has the right to travel to and enter the UK and participate in the Experience from 6 to 10 November 2014; (d) obtaining any relevant documentation, permissions and/or consents (including, without limitation, visas or other travel permits); (e) obtaining suitable travel insurance; and (f) any other costs and expenses other than those expressly identified in term 13 (including, without limitation, spending money and costs associated with travel to and from the departure airport).
15. Shortlisted MTV Breakers will be notified individually by a direct message to his or her Instagram account as soon as reasonably practicable after they have been selected and requested to promptly contact MTVNE. MTV Breakers will be asked to provide their name, age, address (including postcode), telephone contact number, e-mail address, passport number and confirm their country of residence. MTVNE may also request such other information as they consider relevant for an Experience. EACH MTV BREAKER MUST BE AVAILABLE TO TRAVEL ARRIVING IN GLASGOW, UK ON 6 NOVEMBER 2014 AND DEPARTING ON 10 NOVEMBER 2014. 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 shall have no responsibilities in respect of the Initiative. The Initiative is in no way sponsored, endorsed or administered by, or associated with, Instagram. Entrants hereby release Instagram 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 in accordance with term 4, all entrants hereby: (a) assign to MTVNE all rights and title in and to the Entry Content; and (b) grant to MTVNE and its 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, Entry Content, photograph, likeness, biographical information, 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. For the avoidance of doubt (but without limitation) this will include each MTV Breaker’s name, location, and Entry Content being broadcast on-air and posted across MTVNE’s social media platforms, and entrants hereby warrant and undertake that they have all rights necessary to make such assignments and grant such rights as set out in this term 20.
21. Each MTV Breaker acknowledges and agrees that all materials (including, without limitation, photographs, images, stills, films, recordings, text, data, designs, documents, graphics, artwork, scripts and costumes) 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, 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 MTVNE.
22. Insofar as possible under applicable law, all entrants hereby irrevocably and unconditionally waive in favour of MTVNE, MTVNE’s affiliates and their licensees, assigns and successors in title, all moral rights or similar rights in any (a) Submissions; (b) Entry Materials and (c) any materials referred to in term 23 below to which he or she is, or may at any time in the future be, entitled.
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 MTVNE shall own all right and title in and to all such films, tapes, recordings and photographs. 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 in any and all media.
24. Entrants acknowledge and agree that they may be required to be used in publicity without further consent or payment if they are selected for an Experience.
25. All entrants hereby undertake that nothing in the Entry Content: a) is defamatory; b) is sexually explicit or suggestive, contains nudity or any dangerous activity or is profane, pornographic or violent; c) is derogatory of any ethnic, racial, gender, religious, professional or age group or endorses any form of hate or hate group; d) promotes any particular political agenda or message; e) has been copied from, infringes or breaches the rights (including, without limitation, any intellectual property rights) of any third party and all Entry Content is the original work of the entrant; f) reveals any personal information, including but not limited to license plate numbers, personal names, email addresses or street addresses; or g) is otherwise offensive or illegal.
26. Prior to being awarded an Experience, MTVNE may require the MTV Breaker (along with a parent or legal guardian signature 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. 27. 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 shall not be considered.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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 their 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; (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.
33. 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.
34. The name of the MTV Breaker for each Experience can be obtained by sending a stamped, self-addressed envelope to: FAO Victoria May, MTV Breaks, MTV Networks Europe, 17-29 Hawley Crescent, London, NW1 8TT, for one (1) month after the closing date.
36. Only entries from individuals will be 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.
37. These Terms may be amended or varied at any time by MTVNE on notice. 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.
38. 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 pub MTVNE in breach of applicable law or, in MTVNE’s reasonable opinion, impair the reputation of MTVNE or any of its affiliated companies.
39. 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.
40. Any queries regarding the Initiative should be addressed to: FAO Victoria May, MTV Breaks, MTV Networks Europe, 17-29 Hawley Crescent, London, NW1 8TT.