TERMS AND CONDITIONS FOR MTV BREAKS MUSIC WEEK EXPERIENCE OPPORTUNITY
As part of its MTV Breaks project, Viacom International Media Networks UK Limited (“MTV”) is offering four people the opportunity to experience life as a professional artist at MTV Music Week 2017 (the “Experience”). The four successful entrants (each an “MTV Breaker”) will each have the opportunity to design a large scale piece of artwork and to reproduce it on canvas on the ground at MTV Music Week. They will also receive a time-lapse video of their work being produced and exposure on MTV social media platforms.
This 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.
To put themselves forward to be considered for the Experience, entrants should post an image of their best original, large scale, one-dimensional drawn or painted piece of artwork on their personal Instagram account, with the hashtag #MTVBreaksArtist.
Posts on entrants’ personal Instagram accounts must be new posts (i.e. they cannot be older posts with the relevant hashtags added to them) and they must be of artwork created by the entrant. Stage 1 opens for entries at 09:00 on Friday 29 September 2017. The closing time for entries at stage 1 is 17:00 on Monday 16 October 2017.
At the end of stage 1, up to 20 entrants will be shortlisted. Such shortlisted entrants will be notified by MTV by a direct message to his or her Instagram account on or before Friday 20 October 2017 and will be asked to provide (and provide appropriate documents evidencing) their name, age, address (including postcode), telephone contact number, and e-mail address. The shortlisted entrants must then complete stage 2 which takes place between Monday 23 and Friday 27 October 2017.
Entrants shortlisted for stage 2 will be required to sketch and design a large piece of art following the brief ‘London Music’ and to talk through their proposed concept at MTV’s offices in Camden, London, between Monday 23 and Friday 27 October 2017. The four successful MTV Breakers will be notified of such on or before Monday 30 October 2017.
Each stage will be judged by a panel of judges (which shall include no less than one independent member). The MTV Breakers will be the entrants who, in the judging panel’s opinion, submitted the most original and creative entry content at both stages and who the judging panel considers to be most suitable for the Experience in all the circumstances.
To be eligible for this opportunity, entrants must fulfil each of the following criteria:
be residents of London, UK.
be between eighteen (18) and twenty six (26) years of age at the time of entry;
hold a personal Instagram account which is set to public mode (rather than private);
be available from Monday 23 to (and including) Friday 27 October 2017 to attend MTV’s offices in Camden, London as part of stage 2;
be available from Monday 06 to (and including) Friday 10 November 2017 to participate in the Experience on the ground in London, UK;
not be or have previously been employed or otherwise work or previously have worked in a professional capacity as an artist, graphics designer, or similar; and
not be an employee or immediate relative of an employee of MTV, Viacom International Inc. and/or their respective parents, subsidiaries or affiliated companies or any other person professionally connected with MTV Breaks, MTV Music Week or the Experience.
All entrants must adhere to all rules and terms of Instagram available at www.instagram.com.
This initiative is free to enter. However, internet costs 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.
One (1) entry per person. Multiple entries by the same entrant (including where such entrant uses multiple social media accounts) may not be considered and the entrant may be disqualified.
MTV 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 Experience and entrants are advised to regularly check for messages.
As part of the Experience, MTV will provide the MTV Breakers a reasonable pre-agreed amount of paint and materials, and will cover reasonable pre-agreed travel expenses.
Each MTV Breaker is solely responsible for (at the MTV Breaker’s cost and expense):
obtaining all relevant permissions, consents and releases from any individuals who may be identifiable in or from any entry content; and
any other costs and expenses other than those expressly identified in Term 11 (including, without limitation, spending money).
If a shortlisted entrant or MTV Breaker fails to contact MTV as requested or fails to provide the information referred to in Term 4 within a reasonable time, MTV reserves the right to disqualify them and immediately select an alternative shortlisted entrant or MTV Breaker (as relevant) who will be selected applying the same criteria as used to select the original shortlisted entrant/ MTV Breaker.
MTV reserves the right to disqualify an MTV Breaker and select an alternative MTV Breaker in the event that MTV has reasonable grounds for believing that an MTV Breaker has contravened any of these Terms or has done anything illegal or inappropriate in connection with this initiative.
Instagram shall have no responsibilities in respect of this initiative. This 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 this initiative.
MTV reserves the right to terminate this initiative (or any part thereof) and cancel the Experience or any part of the Experience in the event that, in MTV's opinion, there are insufficient entries for MTV to be able to select one or more MTV Breakers or, in MTV’s opinion, improper conduct by an entrant (or any number of them) has rendered this initiative unfair to all entrants. MTV’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.
By putting themselves forward for this initiative, all entrants hereby grant to MTV 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) any information or other material (including without limitation, the entrant’s entry, name, photograph, likeness, biographical information, Instagram handle or screen name, voice, text, images, designs, audio and/or video clips) submitted in entering or any statement made by them concerning this 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 17. 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 MTV’s or its affiliates’ social media platforms (but MTV shall not be under any obligation to do so).
Each MTV Breaker acknowledges and agrees that all materials (including, but not limited to, artwork, photographs, images, stills, films, recordings, text, reports, data, designs, documents, graphics, scripts and moodboards) created by them as part of or in connection with the 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 MTV and MTV may exploit the same in any and all media, worldwide and in perpetuity. Each MTV Breaker hereby irrevocably and unconditionally assigns to MTV 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 MTV.
Insofar as possible under applicable law, each entrant hereby irrevocably and unconditionally waives in favour of MTV, MTV’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 20 and 21 below to which such entrant is, or may at any time in the future be, entitled.
Each MTV Breaker hereby grants MTV the exclusive right to film, tape, sound record and photograph them at, and in connection with, this initiative and the Experience (and/or any related publicity event or promotional activity) and MTV shall own all right and title in and to all such films, tapes, recordings and photographs and MTV may exploit the same in any and all media, worldwide and in perpetuity. In connection therewith, MTV 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 MTV worldwide in any and all media (whether now known or hereafter invented) in perpetuity.
Entrants acknowledge and agree that they may be required to participate in publicity without further consent or payment if they are selected for the Experience.
Each entrant hereby confirms and shall ensure that its Submissions and Experience Content:
are not defamatory;
are not sexually explicit or suggestive, contains nudity or any dangerous activity or is profane, pornographic or violent;
are not, expressly or impliedly, derogatory of any ethnic, racial, gender, religious, professional or age group or endorses any form of hate or hate group;
do not promote any particular political agenda or message;
do not contain any symbols, clothing or other messages associated with any gang;
do 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;
do not contain any third party logos or brand names;
have 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;
do not reveal any personal information including, but not limited to, personal names, email addresses, street addresses or license plate numbers;
do not show any identifiable individual unless such individual has expressly consented to featuring in the same and to be used in connection with MTV Breaks;
do not contain any website links; and
are not otherwise offensive or illegal in any way or depicts or simulates any activity that is offensive or illegal.
Each entrant hereby confirms and promises that it shall immediately at MTV’s request remove such entry content as MTV directs and/or any link thereto from Instagram and any other platform or website on which the entry content has been made available by or on behalf of the entrant.
Prior to being awarded the Experience, MTV may require each MTV Breaker (along with a parent or legal guardian where required by law) to sign any documents in its discretion 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.
Decisions as to whether Submissions or Experience Materials breach or infringe these Terms in any way shall be made at the sole discretion of MTV. Entry content that does not comply in all material respects with the Terms may not be considered.
MTV can accept no responsibility for entries lost, delayed, misdirected or undelivered. Incomplete entries will not be considered. MTV shall not be responsible for technical errors in telecommunications networks, Internet access or otherwise preventing submission of an entry.
The Experience is as stated and non-transferable. No cash alternatives will be offered. If due to circumstances beyond MTV’s reasonable control MTV is unable to provide the Experience, MTV reserves the right to award a substitute Experience.
All entrants acknowledge and agree that participating in the Experience is not intended to create any relationship of employment between MTV and any entrant and the entrant is under no obligation to complete the Experience.
MTV 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 Experience or this initiative other than death or personal injury caused by negligence of MTV and/or their personnel and/or deceit or fraud by MTV and/or their personnel.
Without prejudice to Term 29, MTV 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 MTV’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 the 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.
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.
The name of the MTV Breakers selected for the Experience can be obtained by sending a stamped, self-addressed envelope to: FAO MTV Breaks Music Week 2017, Viacom International Media Networks UK Limited, 17-29 Hawley Crescent, London, NW1 8TT, for one (1) month after the closing date.
Only entries from individuals are accepted. Any entries that MTV 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. MTV reserves the right to discount multiple entries for an Experience from the same IP address.
NO PURCHASE OF GOODS AND/OR SERVICES WHATSOEVER IS NEEDED BY ENTRANTS IN ORDER TO PARTICIPATE IN THIS INITIATIVE.
These Terms may be amended or varied at any time by MTV on notice.
No waiver of any rights by MTV or any entrant will be taken as a waiver of any other rights it may have. For example, if MTV waives its right to complain about a particular breach of these Terms by an entrant, it does not prevent MTV from complaining about other breaches.
Nothing in these Terms shall restrict MTV from doing anything necessary to ensure that MTV complies with its legal or regulatory obligations and MTV may cancel or amend the Initiative (in whole or any part thereof) if to not do so would put MTV in breach of applicable law or, in MTV’s reasonable opinion, impair the reputation of MTV or any of its affiliated companies.
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.
Any queries regarding the Initiative should be addressed to:
MTV Breaks Music Week 2017, Viacom International Media Networks UK Limited, 17-29 Hawley Crescent, London, NW1 8TT.