Billy Talent (the “Artist”) Homemade Hits Competition (the “Competition”)
Competition Terms and Conditions
**PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THIS COMPETITION IS OPEN THROUGHOUT THE UNITED KINGDOM TO PERSONS 18 YEARS OF AGE OR OLDER (AS AT THE START DATE OF THE COMPETITION)**
1. Promoter
This Competition is being run by Warner Music UK Limited (“we”, “us”, “our”) of 27 Wrights Lane, London W8 5SW. We are the “promoter” of the Competition. By entering this Free Draw you hereby warrant and agree to be bound by these Terms and Conditions, and that our decision with regard to the winner is final and binding.
2. Premise of Competition
As you will know from reading the information on the Artist’s website at http://www.billytalent.com/ (the “Artist Website”) and/or Artist’s dedicated official Facebook page at https://facebook.com/billytalent (“Artist’s Facebook”) and/or Artist’s official dedicated Twitter page at https://twitter.com/billytalentband (“Artist’s Twitter”) (together the “Artist Social Media Pages”) and/or the Competition page (“the Competition Page”), this competition invites you to create an audio-visual recording (the “Video”) of yourself performing any one of the tracks featured on the Artist’s album ‘Hits’ (the “Album”) and upload the Video to YouTube. You are then required to submit a link to the YouTube page on which your Video has been uploaded (the “Link”) on the Competition Page. You may also, or alternatively, submit the Link as a “comment” on Artist’s Facebook and/or tweet the Link to Artist’s Twitter. We will select a shortlist of Videos and send this shortlist to the Artist and Artist’s management, who will choose one winning Video, the creator(s) of which will win the Prize (as defined at clause 6).
(a) Your Video must be a new Video created by you. It must not include recordings made or owned by anyone other than you.
(b) You must not allow anyone to feature in Your Video who you do not know, even in the background. You must obtain the consent of anyone who does feature in Your Video (referred to as the “People In Your Video”) to our ownership of and right to use Your Video as per paragraph 9 of these Terms and Conditions.
(c) Your Video must not contain any illegal, obscene, racist, defamatory or sexual material, any material likely to offend any person or any material likely to infringe any person’s rights of privacy.
(d) Your Video must not contain any footage of any artwork or designs by persons other than you for example, artwork or sculpture by another person.
Failure to comply with any of the requirements at (a) or (b) above is a serious breach of these Terms and Conditions which could cause financial loss to us, for which you will be required to reimburse us. We shall also be entitled to disqualify you from the Competition.
3. Eligibility
In order to enter this Competition you must be a permanent resident in the United Kingdom and at least eighteen (18) years old.
Our employees, directors, management, licensees and contractors, our related companies and agencies associated with us, the immediate families of the above listed persons, and our retailers and suppliers are not permitted to enter.
4. Competition Dates
The Competition commences on 10th February 2015 and your Video must be submitted by midday on 23rd February 2015 (the “Closing Date”). We accept no responsibility for lost, late, illegible, incomplete or misdirected entries.
5. How To Enter
Please read the instructions on the Competition Page and/or Artist Social Media Pages and create and submit your Video as set out in those instructions (and in clause 2 above).
There is no limit on the number of Videos that you may submit but each Video must be submitted separately. If you submit more than one (1) Video, each is called your Video for the purpose of these Terms and Conditions.
6. Prize
The prize (“Prize”) is to spend two (2) days in a recording studio in Toronto, Canada, with the Artist on dates to be confirmed by Artist’s management. The Prize includes the costs of recording and flights to Toronto (for up to four (4) people), but not of accommodation, transfers/transport or other living costs.
The dates of the recording session, flights and accommodation and details of how to redeem the Prize will be confirmed with the Prize Winner (as defined herein) after the conclusion of the Competition.
7. Selection and Notification of Prize Winners
The Artist and Artist’s management (collectively the “Judges”) will select the winning Video and the creators of the winning Video will win the Prize (the “Prize Winner(s)”).
The Judges’ decision is final. Prize Winners will be notified by email on or before 5th March 2015. We will not notify unsuccessful entries. The names of the Prize Winner(s) will also be announced on the Artist Social Media Pages on or before 5th March 2015.
If you are a Prize Winner, we may request that you contact us to provide proof of identity, age and residency. You may be required to provide us with proof that you are the authorised holder of the email account. You may also be required to provide us with contact details of the People in Your Video and we shall be entitled to contact such persons to verify that you have obtained their consent to paragraph 9 of these Terms and Conditions and/or you may be required to provide us with evidence in writing that all such persons have consented to paragraph 9 of these Terms and Conditions. If you do not promptly (within two (2) business days) provide us with any of the information we have requested under this clause 7, we may disqualify you from the Competition if we wish to do so.
If you are the Prize Winner you shall be responsible for ensuring that you have the correct entry requirements for entry into Canada. This shall include but not be limited to visa requirements and passport validity. We shall have no liability in the event that you are unable to take part in the Prize due to restrictions imposed by any customs and/or border police in either the UK or Canada.
9. Ownership of your Video and our rights to use it
We shall own your Video and the following wording transfers ownership of your Video to us and allows us to exploit your Video (or not) without further reference or payment to you:
a) you hereby assign to us the all rights in your Video with full title guarantee free from all encumbrances charges and liens and we (and our licensees and assignees) shall have the exclusive right to change, edit and exploit your Video and all versions, edits and derivatives thereof throughout the World (or not, as we see fit) and to authorise others to do so without further reference or payment to you or reference or payment to the People In Your Video;
b) you grant us all consents to enable us (or any third party we may chose) to fully exploit your Video. You agree that your Video may be used in connection with third party advertising, branding or endorsement;
c) you irrevocably waive any right that you or the People In Your Video may have to receive a credit in respect of your Video or to stop us from changing or altering your Video in any way we wish;
d) if you are selected as a Prize Winner we may send you a document (the “Document”) which you must sign to confirm our ownership of Your Video. If we do not receive the Document signed by you by 10th March 2015 or such other date as we may reasonably notify to you we have the right to revoke the Prize and award it to someone else;
e) if you are selected as the Prize Winner, we may send you consent forms (the “Consent Forms”) which you must ensure are signed by the People In Your Video. If we do not receive the signed Consent Forms by 10th March 2015 or such other date as we may reasonably notify to you we have the right to revoke the Prize and award it to someone else.
10. Breach of these Terms and Conditions by you.
If you do not comply with any of these Terms and Conditions and as a result, we suffer loss or damage, you shall on our demand reimburse us for such loss/damage. You will also be disqualified from the Competition if you do not comply with any of these Terms and Conditions.
11. Publicity
If you are the Prize Winner, you consent to taking part in promotional activity regarding the Competition if we request you to do so. This may without limitation involve us filming you taking part in the recording session and enjoying the trip in respect of the Prize. We would own such film and would be entitled to use it (or any parts thereof) in any way we wish without further reference or payment to you. We would in such situation reimburse the reasonable expenses incurred by you arising from your taking part in promotional activity for us provided we have pre-approved your expenses. If you are the Prize Winner, you grant us the right to use your name and details of the location of your town/city in promotional activity for the Competition.
12. Your Personal Data
In entering this Competition, you understand that you are submitting personal data about you to us including your email address. You consent to us storing that data and using the data for the purposes of our operation of the Competition. Any personal data relating to entrants will be stored and used by us solely in accordance with all current applicable data protection legislation and best practise.
We are the “data controller” for the purposes of this Competition.
We would like to be able to keep you informed about the Artist and their activities. We would also like to be able to share your email address with the Artist so that the Artist may keep you informed of their activities from time to time. If you would like us to use your email address in either / both of these ways, please tick the relevant boxes on the Artist Website where indicated prior to submitting your entry.
13. General
The Prize is non-transferable and there are no cash or other alternatives.
We reserve the right to cancel or amend the Competition at any stage and without notice. In the event that we cancel the Competition we shall not be liable for any damage, loss or disappointment suffered by you.
No representations, warranties, terms or conditions that are not expressly stated in these terms and conditions apply to this Competition. We shall have no liability for any injuries, loss or damage of any kind arising from or in connection with your participation in this Competition (including any damage to the your or any other person's computer relating to or resulting from participation in, or downloading of any materials or software in connection with, this Competition) or acceptance, use, misuse or non-use of the Prize except for liability for death, personal injury and damage or loss caused by negligence, which is not excluded. You acknowledge that YouTube, Facebook and Twitter (the “Websites”) are websites over which we have no control and we accept no responsibility for any issues or loss that may be caused by your accessing / using the Websites for the purposes of this Competition or your inability to access / use / successfully upload Your Video as required for entry into the Competition.
The costs you incur in creating your Video and complying with these Terms and Conditions are solely your responsibility.
14. Jurisdiction
These Terms and Conditions and the Competition are governed by the laws of England and Wales and any dispute will be subject to the exclusive jurisdiction of the Courts of England and Wales.