EVA&MANU COMPETITION TERMS & CONDITIONS

Transcription

1 EVA&MANU COMPETITION TERMS & CONDITIONS Lähettämällä videoklippisi meille, Warner Music Finland Oy:lle, vahvistat, että haluat osallistua alla määriteltyyn kilpailuun, jonka palkinto on määritelty alla, ja sitoudut noudattamaan näitä ehtoja. Ole hyvä ja lue nämä ehdot huolellisesti. Tämä kilpailu on avoin Suomessa asuville yli 18- vuotiaille henkilöille. By providing your Video Clips to us, Warner Music Finland Oy, you confirm that you would like to enter the Competition (as defined below) to win the prize set out below and you confirm your agreement to these terms and conditions. Please read these terms and conditions carefully. This competition is open in Finland to persons over the age of Promoter This competition (the Competition ) is being run by Warner Music Finland Oy (reg. no ) ( Warner we us, our ) of address Vattuniemenkatu 21, Helsinki. We are the promoter of the Competition. 2. Description of Competition The Finnish band Eva & Manu will soon be releasing its new video called There is Nobody Like You (the Eva&Manu Video ). This Competition invites you to create a video clip of someone or something that makes you happy, lightens up your days or otherwise makes life worth living (the Video Clip(s) ). We want to highlight the chorus: There is nobody like you, I feel like I m somebody with you. The best and winning Video Clips, selected pursuant to section 7 below and otherwise as set forth in these terms and conditions, (the T&Cs ) will be included in the Eva&Manu Video as further described herein and subject to these T&Cs. 3. Eligibility In order to enter this Competition you must be over 18 years old and have your residence In Finland. Employees (and their families) of Warner, affiliate companies, agencies, and any other company or persons directly connected with the development or administration of the Competition, are not eligible to enter. 4. Competition Dates The Competition commences on 5 December 2014 (the Start Date ) and you must submit your Video Clip(s) on or before 11 December 2014 (the Closing Date ). We accept no responsibility for lost, late, illegible, indistinct, incomplete or misdirected entries and such entries will not be submitted for the judging process. 5. How to Enter Read the instructions set out in these T&Cs and on the website Submit the Video Clip pursuant to the instructions set out on the Site. Proof of submitting a URL does not constitute proof of receipt by us of the URL nor proof or confirmation of entry into the Competition. Any Video Clip that fails to meet the Video Clip Specifications (described in

2 section 9 below) may be disqualified. (f) (g) Warner accepts no responsibility for entries lost, damaged (for example by data corruption) or delayed, or for any inability to submit entries as a result of computer service, systems, software and/or server failure, error, interruption, defect or delay or any other technical malfunction, including problems with internet connectivity. Late, incomplete, incorrect, corrupt or suspected fraudulent entries will not be accepted. Any attempt at entry except as stated above and within these T&Cs is void. Our computer system will be the official clock of the Competition in determining the Start Date and the Closing Date. There is no limit on the number of Video Clips that you may submit but each Video Clip must be submitted separately and will be judged as a separate, distinct entry. If you submit more than one Video Clip, each is called your Video Clip for the purpose of these T&Cs. 6. Prize The Judges will review the Video Clips submitted for the purposes of this Competition and (based on the selection process set forth under section 7 below) select the best Video Clips (in the Judges sole discretion) which shall be included in the Eva&Manu Video. Accordingly, the prize in this Competition is to have the Video Clip submitted included in the Eva&Manu Video. Only the winning Video Clips, as selected and determined by the Judges pursuant to section 7 below, will be included in the Eva&Manu Video, however always subject to these T&Cs. The number of winning Video Clips is not yet determined but will be determined by the Judges based on the quality of the Video Clips submitted to the Competition. You acknowledge and agree that other than having the Video Clip included in the Eva&Manu Video, no compensation for the Video Clip(s) or the exploitation of the Video Clip(s) or the Eva&Manu Video will be payable to you, now or hereinafter. The prizes are non-transferable and there are no cash or other alternatives. 7. Selection and Notification of Prize Winner The best and thus winning Video Clips of this Competition will be selected by Eva&Manu and Lasse Kurki (with Warner) (the Judges ). The Judges will score all eligible Video Clips based on the following equally weighted criteria: originality, sound and image quality, reference to the song There is nobody like you and especially to the chorus there is nobody like you, I feel like I m somebody with you, creativity and musicality. The number of winning Video Clips is not yet determined but will be determined by the Judges based on the quality of the Video Clips submitted to the Competition. The Judges decision is final. The prize winners i.e. the competitors who have submitted the best Video Clips (as selected by the Judges pursuant to section 7) will be announced on the Eva&Manu official website HYPERLINK " and Facebook page and will also be personally notified via e- mail on 15 December 2014 (the Announcement Date ). If you are chosen as a winner and your contact details have changed since your entry in the Competition, we reserve the right to disqualify your entry and choose an alternative winner. The winners must respond to us and accept the prize within 24 hours of our sending the notice. If the winner does not respond and accept the prize within 24

3 hours of our sending the notice, we are entitled to, in our sole discretion, choose an alternative winner/video Clip and the non-responding participant will then no longer be considered the winner and our offer will be withdrawn automatically. For the avoidance of doubt, even though the winner has not responded within the 24 hour time period set forth above, Warner is still entitled, in its sole discretion, to use such participant s winning Video Clip in accordance with these T&Cs and announce such participant as the winner and include the winning Video Clip in the Eva&Manu Video. (f) We may request that the winner provide proof of identity, age and residency. In the event of a dispute as to your identity, your entry will be deemed to have been submitted by the authorised holder of the account from which the entry was submitted. The winner may be requested to provide Warner with proof that the winner is the authorised holder of the account associated with the winning. Each of the winners consents to the use of his/her name, voice, picture or other likeness for advertising, promotional and other purposes in relation to the Eva&Manu Video, the Video Clip(s) and/or the Competition in any media as determined by us without further approval or compensation. If any of the following circumstances apply, the winner will be deemed to have forfeited the prize: the winner does not respond to a request to contact Warner within 24 hours of such request; the winner does not provide requested evidence of identity, age, residency, or being the authorised holder of the account from which the entry was submitted to Warner's satisfaction within 24 hours of such request being made; or Warner determines non-compliance with any of the T&Cs. 8. Use and ownership of Your Video Clips and Our Rights to Use Your Video Clips You hereby agree and confirm that in consideration of your being given the chance to enter the Competition and have your Video Clips judged, and in consideration of having the opportunity to win the prize, if you are a winner of the Competition, we shall own your Video Clips from the date of creation and we shall have the exclusive right and entitlement to use and/or exploit your Video Clips as part of the Eva&Manu Video or authorise others to do so. For the avoidance of doubt this section applies to the winning Video Clips only. For the purposes hereof, Video Clip shall include all edits, mixes, copies and/or versions of the Video Clips. In order to transfer to and confirm our ownership of and rights in the Video Clips: you hereby assign to us (including by way of present assignment of future copyright) any and all rights in your Video Clips with full title guarantee free from all encumbrances charges and liens and we shall have the exclusive perpetual right to store, edit, mix, overdub, vary, adapt and otherwise alter the Masters in our sole discretion, and to use, reproduce, copy, transmit, publish, post, display, exhibit, broadcast, perform, synchronise and to make the Video Clip available to the public through sales, distribution, public performance and to otherwise communicate these to the public by every method now or hereinafter known, and/or to otherwise exploit the Video Clips throughout the World (or not, as we see fit); (ii) you hereby grant us all consents to enable us to fully use and exploit your Video Clips, and you agree that your Video Clips may be used in connection with third party advertising or otherwise in our discretion and without limitation;

4 (iii) (iv) (v) you agree to promptly sign all documents and/or undertake all reasonable steps to confirm our ownership of the Video Clips and rights herein (including, upon our request following completion of the Competition. we shall have the right to, by itself or through a third party, wholly or partially, permit or license to a third party the right to exercise all the rights to the Video Clips, and to assign all other rights to the Video Clips to a third party. Our rights pursuant to (i) to (iv) above are limited by the rights conferred to you following the Finnish Copyright act section 3. Where we use your Video Clips we will, where usual and practical, credit (i.e. present your name in association with the exploitation of your Video Clip as included in the Eva&Manu Video) you for your Video Clips (in our reasonable discretion). For the avoidance of doubt this section applies to the winning Video Clips only. Should you be the winner of the Competition, you shall upon our request, enter into a separate assignment agreement for the Video Clips provided by you confirming the assignment of the Video Clips. The agreement shall include all terms set out in these T&Cs (including but not limited to terms in this paragraph 8) and otherwise upon terms to be negotiated in good faith between you and us in accordance with industry standards. Notwithstanding the foregoing, this T&C and the terms and conditions set out herein are fully binding until execution of such agreement (if any). For the avoidance of doubt the above only applies to the winning Video Clips. Warner has no right after the Announcement Date to use Video Clips that are not winning Video Clips. Warner is not obliged to store non-winning Video Clips and such clips may thus be destroyed by Warner at its sole discretion after the Announcement Date. 9. Video Clip Specifications In creating your Video Clips for and as part of the Competition, the following will apply for your Video Clips (the Video Clip Specifications ) please read this carefully: Your Video Clips must be completely new videos/recordings made by you, and you must ensure that the Video Clips do not infringe the copyright, trademark, privacy, publicity or other intellectual property rights of any person or entity. They must not include recordings or images made or owned or music written or owned by anyone other than you. You must not allow anyone who you do not know to feature, perform or otherwise participate in your Video Clips or to be a part of the production of your Video Clips, including (but not limited to) performers, actors, vocalists, artists, musicians and instrumentalists or producers. In respect of all Performers & Producers being everyone who features in, take part of or performs on your Video Clips, who are in any way part of the production of the Video Clips or who otherwise assists you with any aspect of the creation of your Video Clips - you must obtain written consent to their respective participation and to our ownership of and right to use your Video Clips as per paragraph 8 of these T&Cs. You are responsible for obtaining each Performer s & Producer s consent to these T&Cs and ensuring each Performer & Producer complies with the T&Cs.

5 Your Video Clips 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. 10. Warranties By entering this Competition you hereby warrant and agree: to be bound by these T&Cs; that you are the owner of the Video Clips that you submit to us, and all rights in and/or to the Video Clips, and have the right to assign all ownership to us as set out in these T&Cs; that you are authorised on behalf of the Performers & Producers to make the grants and agree to the terms of these T&Cs, including those set out in paragraph 9; that the costs you incur in creating your Video Clips and complying with these T&Cs are solely your responsibility; that no rights in the Video Clips have previously been granted to any person, firm, corporation or other entity or have otherwise been exercised or exploited; that the full use of the Video Clips or any part thereof will not in any way violate or infringe upon any copyright or other right of any person/entity or subject us to any costs or liability of any kind or nature whatsoever; and to release and hold harmless (and you do hereby release and hold harmless), to the extent permissible by law, us, our parents, subsidiaries, affiliates, distributors, suppliers and advertising, promotional and judging organizations and employees, officers, directors, shareholders and agents from and against any and all liability for injury and/or damage sustained in connection with our use of the Video Clips or otherwise related to your participation in the Competition. Except to the extent that they may not be excluded by law, no representations, warranties, terms or conditions that are not expressly stated in these terms and conditions apply to this Competition. Warner shall have no liability for any injuries, loss or damage of any kind arising from or in connection with participation in this Competition (including any damage to the participant's 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 any prize (including activity or travel related thereto) except for liability for personal injury, fraud and damage or loss caused by intent or gross negligence by Warner, which is not excluded. 11. Cancellation of Competition / Disqualification We reserve the right, in our sole discretion, to disqualify you from the Competition if you do not comply with the Video Clip Specifications or if you (in our opinion) are otherwise acting in violation of these T&Cs. 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. 12. Your Personal Data Information collected from you is subject to our Privacy Policy, located at We are the data controller for the purposes of this

6 Competition. Accordingly, by entering into this Competition you also accept the terms and conditions set forth in our Privacy Policy. The Video Clips are to be submitted through a third party and such third party is responsible for the data collected by it so please note that any data provided by you through such third party will also be subject to that third party s terms and conditions and privacy policies. 13. General Except where it follows from relevant legislation, you agree that: any and all disputes, claims, and causes of action arising out of or connected with this Competition, any prize awarded or the determination of the winner shall be resolved individually, without resort to any form of class action; any and all claims, judgments and awards in the event of a successful claim against us shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Competition but in no event solicitor s or other legal fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these T&Cs, or your rights and obligations in connection with the Competition, shall be governed by, and construed in accordance with the laws of Finland. The Competition and all accompanying materials are copyright 2014 Warner Music Finland Oy. All rights reserved. If you have any questions about Competition or if you need to get in touch with us, please contact us at heli.puhakka@warnermusic.com.

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