TERMS AND CONDITIONS FOR MTV BREAKS ISLE OF MTV MALTA EXPERIENCE OPPORTUNITY
1. As part of MTV Breaks, MTV Networks Europe (“MTVNE”) is offering the opportunity to win the following at the Isle of MTV Malta (“IOMTVM”) 2015 (the “Initiative”):
(a) experience life as a social media photographer, including taking photos for the IOMTVM Instagram account and other photos in connection with the IOMTVM 2015; (the “Photographer Experience”); and
(b) experience life as a DJ, playing your own set on the main stage of IOMTVM 2015 before and/or between the main headline acts (the “DJ 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 as follows:
(a) to be considered for the Photographer Experience, entrants must take and post an original photograph to their Instagram account in response to the brief “show us what music looks like to you’, tagging it with @MTVBreaks and # IOMTVBREAKS. Please note that tagging an existing photograph on Instagram will not be a valid entry;
(b) to be considered for the DJ Experience, entrants must create their own mix of the DJ R3WIRE music track made available on the MTV Breaks website located at www.mtvbreaks.tv then tweet @MTVBreaks a link to their mix, tagging their tweet with the hashtag #IOMTVBREAKS. Entrants are entitled to use and upload their remix to third party websites and platforms provided that they credit the track follows: “R3WIRE & Varski (feat Bluey Robinson) - FOOL (Entrant’s name remix)”. However entrants are not entitled to sell their remix. All entrants acknowledge and agree that all parts of the R3Wire music track are and remain the property of the original writers and producers. Following the closing date, MTVNE will select a short list of up to 10 entrants who will be asked to submit to MTVNE a music mix of up to 20 minutes duration. The shortlisted entrants will be contacted by direct message on Twitter on or about 18 May 2015 and shall then have one week to submit their 20 minute mix to MTVNE.
(the “Entry Content”).
4. This Initiative is open from 09:00 on 17 April 2015 and the closing time for entries is 17:00 on 11 May 2015 (all times are UK time).
5. This Initiative is open to residents of the following countries only:
Albania, Austria, Belgium, Bosnia, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Macedonia, Malta, Moldova, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Russia, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, United Kingdom.
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 (Photographer Experience entrants only);
(e) hold a Twitter account (DJ Experience entrants only);
(f) where entrants are not resident in Malta, hold a valid passport and have the right to travel to and enter Malta for the purposes and duration of the Experience;
(g) be available from 5 to 8 July 2015 to participate in the Experience;
(h) not be have been employed or otherwise worked as a photographer, or DJ or in a marketing or digital media role in a professional capacity;
(i) for DJ Experience entrants only, be unsigned, meaning that the entrant must not have entered into a recording deal that includes an obligation on the entrant to deliver a long playing album or albums. MTVNE shall have sole discretion in determining whether an entrant is unsigned for the purposes of entry to this Initiative; and
(j) 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.
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”). For the Photographer Experience, the MTV Breaker will be the entrant who, in the judging panel’s opinion, submitted the most original and creative Entry Content and who demonstrated a fresh and unique perspective. For the DJ Experience, the shortlisted entrants will be the entrants who, in the judging panel’s opinion submitted the best re-mixes of the DJ R3WIRE track and demonstrated the best understanding of the composition, tempo and structure of music tracks. The DJ Experience MTV Breaker will be the shortlisted entrant who, in the judging panel’s opinion demonstrated the best technical ability, in particular with regards to mixing, and who also showed an understanding of the music related to the IOMTVM event.
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/Twitter 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/Twitter throughout the term of the Initiative in relation to these Terms and the Experiences and entrants are advised to regularly check their Instagram/Twitter accounts for messages.
12. The MTV Breaker for each Experience will be selected on or around 8 June 2015.
13. As part of the Experience, each MTV Breaker will receive:
(a) mentoring style support during their time in Malta in relation to their Experience;
(b) economy class air travel to and from Malta;
(c) three nights’ accommodation at a hotel in Malta (with at least a 3 star rating) on a room only basis from 5 July 2015 to 8 July 2015; and
(d) transfers from the airport in Malta to the accommodation on 5 July 2015 and return transfers on 8 July 2015.
In addition, the Photographer Experience MTV Breaker will have the opportunity throughout the duration of the Experience to (i) be the Official IOMTVM Instagram photographer, (ii) take photos at gigs that are part of Music Week, and (iii) take photos at the IOMTVM headline gig on 7 July 2015.
In addition the DJ Experience MTV Breaker will have the opportunity to DJ one or two sets of between 5-15 minutes duration (as directed by MTVNE) on the main IOMTVM main stage on 7 July 2015 either before or between one or two headline acts.
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 Malta and participate in the Experience from 5 to 8 July 2015;
(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/Twitter 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 MALTA ON 5 JULY 2015 AND DEPARTING ON 8 JULY 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 and Twitter shall have no responsibilities in respect of the Initiative. The Initiative is in no way sponsored, endorsed or administered by, or associated with, Instagram or Twitter. Entrants hereby release Instagram and 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 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 terms 3 and 4, all entrants hereby:
(a) 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 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, 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. 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) Experience 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;
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: 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:
MTV Breaks, MTV Networks Europe, 17-29 Hawley Crescent, London, NW1 8TT.