TERMS AND CONDITIONS FOR NEW ERA CAP AND MTV STAYING ALIVE CREATIVE COMPETITION
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1. This competition will be governed by these terms and conditions and entrants agree that they have read and understood these terms and conditions and will be bound by them.
2. Entrants may enter the competition by using an online template, which can be accessed through www.theunbeatentrack.com, to design a panel of a custom Staying Alive New Era cap based on one (1) of the below six (6) themes (the “New Era Cap Design”):
1) Staying Inspired
2) Staying: Strong
3) Staying: Cool
4) Staying: Empowered
5) Staying: True
6) Staying: Connected
(the “Themes”)
3. Completed New Era Cap Designs should be emailed to neweradesigncomp@gmail.com. New Era Cap Designs should be submitted as JPG or PNG files at 72 dpi. Costs to enter the competition via the Internet may vary so please check with your network operator for current charges. Entrants should seek the permission of the person paying the bill before entering.
4. The closing date for entries is 11:59pm Greenwich Mean Time (GMT) on 17 September 2009.
5. This competition is open to everyone worldwide, aged sixteen (16) and over, excluding employees and immediate relatives of employees of MTV Networks Europe (the “Promoter”) and/or New Era Cap Company Limited (“New Era”) or of their respective parents, subsidiaries or affiliated companies or any other person professionally connected with this competition.
6. All entrants shall be responsible for ensuring that their entry and/or acceptance of the prize(s) does not contravene any local laws or regulations in the country in which they are resident. This competition shall be void where prohibited or restricted by law.
7. Each entrant may submit one (1) entry for each of the six (6) Themes (a total of six (6) entries per person), however for the avoidance of doubt each entrant will may only win once. Multiple entries for one Theme will be void and the entrant disqualified. All entries must include name, age, address, (including postcode), telephone number of entrant, email address and New Era Cap Design correctly submitted.
8. Six (6) winners will be selected (the “Winners”). These will be the six (6) entries who, in the opinion of a panel of judges (comprising representatives of the Promoter and New Era), have submitted the most creative and original New Era Cap Design prior to the closing date.
9. The Winners must provide their winning New Era Cap Design either as a vector file (Illustrator AI file (CS2 or later)) or a high quality editable PDF. Any images contained in any winning New Era Cap Design must be composed in Photoshop and traced in Illustrator.
10. The Winners will have their New Era Cap Design printed on one of six (6) interior panels on a custom Staying Alive New Era 59Fifty cap (the “New Era Cap”) which will be sold in New Era stores to raise money for the HIV awareness charity, The Staying Alive Foundation. The Winners will also receive a cap featuring their New Era Cap Design in a presentation box signed by Travis McCoy.
11. The Promoter does not guarantee that any colours included in a winning New Era Cap Design will be replicated exactly when printed on the New Era Cap in accordance with Condition 11.
12. For the avoidance of doubt, the prizes do not consist of anything other than expressly set out in paragraph 10 above and no additional costs.
13. All entrants under the age of eighteen (18) must obtain the consent of their parent or legal guardian before entering. The Winners may also be required to provide a written acknowledgement of acceptance of all the Terms of the competition (along with a parent’s or legal guardian’s signature if they are under eighteen (18) years of age) and/ or to sign other documentation as may be required by the Promoter in connection with this competition, prior to receiving their prize.
14. The Winners of the prizes are responsible for all applicable taxes and expenses not specified in the prize description.
15. The Winners will be notified by telephone or email within seven (7) days of the closing date for entries and will receive written confirmation and full details of the prize by email within seven (7) days of being notified that they have won. The Winners shall receive their cap on or before 5 November 2009.
16. In the event that the Promoter cannot for any reason contact any Winner within seven (7) days of the prize draw, the Promoter reserves the right to draw another Winner.
17. The Promoter’s decision is final with respect to any aspect of the competition, including the determination of any Winner. No correspondence will be entered into.
18. By entering the competition entrants grant each of the Promoter and New Era for the full term of any rights that may exist in their New Era Cap Design a non-exclusive, worldwide, irrevocable, sub-licensable right to use their New Era Cap Design as follows (without payment to the entrant or any third party):
a. To play, publish, make available to the public, perform, display, reproduce, distribute and otherwise use their New Era Cap Design on any and all media (whether now known or invented in the future) worldwide, including without limitation publishing the entrant’s New Era Cap Design on url www.theunbeatentrack.com.
b. To host, store, copy, modify, adapt, edit, translate, create derivative works from, incorporate into other works and/or otherwise treat in any way the New Era Cap Design at the Promoter’s or New Era’s discretion.
c. The Promoter or New Era may (but are not obliged to) identify the entrant as the creator or author when their New Era Cap Design appears on any and all media, for example, by displaying the entrant’s name or any photograph of the entrant that they may have submitted.
d. To sub-licence the rights of New Era or the Promoter in their New Era Cap Design to third parties (including, for the avoidance of doubt third parties such as internet service providers, mobile network operators, sponsors, television broadcasters, website owners) in the normal course of the business of New Era or the Promoter.
19. Entrants acknowledge and agree that there is no restriction on the Promoter or New Era (or any third party sub-licensee) obtaining advertising or sponsorship revenue in connection with their New Era Cap Design (for example selling advertising space next to the New Era Cap Design and allowing New Era Cap Design sponsors or the Promoter’s sponsors to use the New Era Cap Design on their websites or in print).
20. Entrants irrevocably and unconditionally waive in favour of each of the Promoter, New Era, their affiliates, licensees, assigns and successors in title, any “moral” rights in their New Era Cap Design for the purposes of it being used in accordance with these Terms. Moral rights include the right to be identified as the author and the right to object to derogatory treatment of an interpretation of the New Era Cap Design.
21. Each entrant undertakes that:
a. They are the only creator, author and owner of the New Era Cap Design they submit or, if they are not the exclusive owner, they have received written consent from the owner to submit the New Era Cap Design and to grant to the Promoter and New Era the rights to use and to sub-licence the New Era Cap Design as set out above.
b. The use of their New Era Cap Design by the Promoter and/or by New Era and/or any sub-licensee will not infringe any intellectual property or other rights of any third party (for example trade marks, copyright, privacy rights etc). Entrants whose New Era Cap Designs contain any underlying copyrights owned by any other person, confirm that they have obtained all necessary consents in writing for the Promoter, New Era and/or any other sub-licensee to use the New Era Cap Design as set out above.
c. The New Era Cap Design does not contain anything that is defamatory, offensive or illegal.
22. Entrants agree that the Promoter may use the entrant’s entry, name and/or likeness, voice, photographs and/or video footage of the entrant, biographical information provided by the entrants and/or any statement made by them concerning the competition and/or the prize(s) in connection with publicizing the competition, in any and all media in perpetuity throughout the world as the Promoter in its sole discretion sees fit.
23. By entering this competition, all entrants hereby grant the Promoter the exclusive right to film, tape, sound record and photograph all their activities in connection with the competition and (if applicable) any prizes. Everything filmed, taped or recorded by the Promoter shall be known as “Footage”.
24. All entrants hereby irrevocably and unconditionally assign to the Promoter with full title guarantee (and by way of present assignment of present and future rights) all intellectual property rights in any “Footage” throughout the world for the full unexpired period of such rights and all renewals, reversions and extensions of such period as may be provided under any applicable law throughout the world.
25. All entrants hereby irrevocably and unconditionally waive in favour of the Promoter, the Promoter’s affiliates and their licensees, assigns and successors in title, all moral rights in any “Footage” to which he or she is, or may at any time in the future be, entitled.
26. The Promoter reserves the right to select an alternative Winner in the event that the Promoter has reasonable grounds for believing that a selected Winner has contravened any of these Terms and Conditions.
27. The Winners may be required to provide a written acknowledgement of acceptance of all terms and conditions of the competition (along with a parent’s or legal guardian’s signature if they are under eighteen (18) years of age).
28. The Promoter can accept no responsibility for entries lost, delayed, misdirected, damaged or undelivered. Incomplete and/or illegible entries will be disqualified. The Promoter shall not be responsible for technical errors in telecommunications networks, Internet access or otherwise preventing entry to any competition.
29. The prizes are as stated and are non-transferable. No cash alternatives will be offered. If due to circumstances beyond the Promoter’s control the Promoter is unable to provide any stated prize(s), the Promoter reserves the right to award a substitute prize of equal value. All prizes are subject to the additional terms and conditions of the manufacturer or supplier.
30. No purchase necessary.
31. By entering the competition, entrants acknowledge that they may be required to be used in publicity without further consent or payment. Such publicity may include without limitation the entrant’s name and/or likeness, voice, photographs and/or video footage of the entrant, biographical information provided by the entrants and/or any statement made by them concerning the competition and/or the prize(s). Entrants agree that any or all such elements may be used by the Promoter in any and all media in perpetuity throughout the world as the Promoter in its sole discretion sees fit.
32. The Promoter shall not be liable to the Winners for any loss or damage howsoever caused (whether in contract, tort or statutory duty or otherwise) arising out of or in connection with the competition and/or prize other than death or personal injury caused by negligence of the Promoter and/or the Promoter’s personnel and/or deceit or fraud by Promoter and/or Promoter’s personnel.
33. The Promoter shall not be liable for any delay in performing or partial or total failure to perform any of its obligations to the Winners under these Terms and Conditions if such delay or failure is caused by circumstances beyond its reasonable control including without limitation delays, 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, accidents, fire, flood or natural catastrophes. For the avoidance of doubt, the affected Winner and/or parents/legal guardians shall be solely liable for any additional costs incurred as a result.
34. Only entries from individuals will be accepted. Any entries that the Promoter 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. The Promoter reserves the right to discount multiple entries from the same IP address in contravention of Condition 7.
35. Details can be obtained by sending a stamped, self- addressed envelope, stating the name of the competition, to MTV Networks Europe, PO BOX 1381, London, NW1 8XT, for one (1) month after the competition closes.
36. Any personal information, including without limitation, the entrant’s name, age, address (including postcode), telephone number and/or email address will be used solely in connection with this competition and for any purpose for which the entrant specifically opts in and will not be disclosed to any third party except for (a) the purpose of fulfilling the prize(s) where applicable and (b) for any purpose for which the entrant specifically opts in. Any personal information held by the Promoter in respect of any competition will be held on record for a reasonable period to fulfill the purpose for which such personal information was collected. If an entrant gives the Promoter permission to pass on their personal information to a third party then this shall no longer be the responsibility of the Promoter and shall be subject to the privacy policy of that third party.
37. All entrants agree to be bound by these Terms and Conditions, which may be amended or varied at any time by the Promoter on notice.
38. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and the courts of England shall have exclusive jurisdiction in relation to any disputes arising therefrom.
39. Any queries regarding the competition should be addressed to:
MTV Networks Europe, 17-29 Hawley Crescent, Camden Lock, London, NW1 8TT.
