MTV EMA Breaks Experience: Terms & Conditions

TERMS AND CONDITIONS FOR MTV BREAKS EMA EXPERIENCE OPPORTUNITY

 

1.             As part of MTV Breaks, Viacom International Media Networks UK Limited ("MTV") is offering the followingopportunities in connection with the EMA 2017 (the "Initiative"):

 

(a)  the experience ofevent photography at a large event, shooting in connection with MTV Breaks atthe EMA 2017; (the "PhotographerExperience");

(b)  the experience ofbeing part of a live event stylist team, assisting at the EMA 2017 (the "Costume Designer Experience");

(c)  the experience of being part of a social media team, helping to creatematerials for the EMA 2017 (the "SocialMedia Correspondent Experience"); and

(d)  the experience of beingpart of the graphic design team, helping to create graphics for the EMA 2017(the "Graphic Designer 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 asubmission in accordance with term 3 and, if relevant,4 below, eachentrant agrees that they have read and understood these Terms and shall bebound by them. 

 

3.             Stage 1

 

Entrantsmay put themselves forward to be considered for an Experience as follows:

 

(a)  to be consideredfor the Photographer Experience, entrants should post an original action shot photographon their personal Instagram account, with the hashtag #MTVBreaksphotographer;

(b)  to be consideredfor the Costume Designer Experience, entrants should post an image of theirbest original costume design, either sketched or made, on their personalInstagram account with the hashtag #MTVBreakscostume; or

(c)  to be considered for the Social Media Correspondent Experience, entrantsshould create and post on their personal Instagram account an original videoclip (with a duration of no more than thirty (30) seconds) summing up the bestmoment in the entrant's day, with the hashtag #MTVBreakssocial: or

(d)  to be consideredfor the Graphic Designer Experience, entrants should post, on their personalInstagram account, their original idea for this year's nominations envelopedesign with the hashtag #MTVBreaksgraphics

 

Ineach case, the posts on entrants' personal Instagram accounts must be new posts (i.e. they cannot be olderposts with the relevant hashtags added to them).  Stage 1 opens for entries at 09:00 on 27August 2017.  The closing time forentries at Stage 1 is 17:00 on 25 September 2017 (all times stated are UKtime).

 

4.             Stage 2

 

Thejudging panel shall shortlist up to 20 entrants in relation to each Experience.Such shortlisted entrants will be notified by MTV by a direct message to his orher Instagram account on or around 26 September 2017 and will be asked toprovide (and provide appropriate documents evidencing) their name, age, address(including postcode), telephone contact number, e-mail address, passport numberand confirm their country of residence. The  shortlisted entrants must then complete Stage2 which takes place between 2 and 6 October 2017, in respect of the relevantExperience:

 

(a)  PhotographerExperience – talk the judging panel through the photograph they posted at Stage1, explaining what it says about their passion to be a photographer;

(b)  Costume DesignerExperience – sketch and design a costume for an EMA brief and talk the judgingpanel through how they would make it;

(c)  Social Media Correspondent Experience – talk the judging panel throughwhy they want to win the Social Media Correspondent Experience;

(d)  Graphic DesignerExperience – design the original branding for an EMA brief that will be setduring this stage and talk the judging panel through your concept.

 

Stage2 opens for entries at 09:00 on 2 October 2017. The closing time for entries at Stage 2 is 17:00 on 6 October 2017 (alltimes stated are UK time).

 

5.              "Entry Content" shall mean any and all content submitted by theentrants of the Initiative. In respect of Entry Content posted on Instagram,this should be a new post (rather than adding the relevant hashtag to anexisting post).

 

6.             This Initiative is open to residents of the following countries only:
Albania, Australia, Austria, Belgium, Bosnia, Canada (but excluding theprovince of Quebec), China, Colombia, Croatia, Czech Republic, Denmark,Estonia, Finland, France, Germany, Greece, Hungary, India, Indonesia Ireland,Israel, Italy, Japan, Kosovo, Macedonia, Malaysia,  Mexico, Montenegro, Netherlands, Philippines,New Zealand, Nigeria, Norway, Pakistan, Poland, Portugal, Romania, Russia, SanMarino, Singapore,  Slovenia, Slovakia,South Africa, Spain, Sweden, Switzerland, Taiwan, Thailand, Turkey, UnitedKingdom, Vatican City, Vietnam.

 

7.             To be eligible to participate in the Initiative, entrants must fulfileach of the following criteria:

 

(a)  be betweeneighteen (18) and twenty six (26) years of age at the time of entry;

(b)  be resident in acountry where it is lawful to participate in the Initiative and the Experiencein accordance with these Terms (and it is the responsibility of the entrant toensure that he or she may lawfully participate);

(c)  have obtained parental consent where relevant;

(d)  hold a personal Instagramaccount which is set to public mode (rather than private);

(e)  hold a validpassport (with at least 6 months' validity as at 9 November 2017) and have the right to travel to and enter the UKfor the purposes and full duration of the Experience;

(f)  be available from 9 to (and including) 13 November 2017 to participatein the Experience on the ground in the UK;

(g)  not be or havepreviously been employed or otherwise work or previously have worked in aprofessional capacity as a photographer, costume or fashion designer, graphicsdesigner, social media producer or blogger or otherwise in digital or socialmedia; and

(h)  not be an employeeor immediate relative of an employee of MTV, Viacom International Inc. and/or theirrespective parents, subsidiaries or affiliated companies or any other personprofessionally connected with this Initiative.

 

As allpersonnel involved in the Experiences will primarily be speaking English, MTVrecommends that entrants have a reasonable understanding of English and arecomfortable conversing in English.

 

8.             All entrants must adhere to all rules and terms of Instagram availableat www.instagram.com.

 

9.             A panel of judges (which shall include no less than one independentmember) shall review eligible entries received prior to the closing time andselect one successful entrant for each Experience (each, an "MTV Breaker"). The MTV Breaker willbe, in respect of each Experience, the entrant who, in the judging panel'sopinion, submitted the most original and creative Entry Content at Stage 1 and(where relevant) Stage 2 and who the judging panel considers to be mostsuitable for the relevant Experience in all the circumstances. Each successfulentrant will be notified of such on or around 9 October 2017.

 

10.          The Initiative is free to enter. However, internet costs in submittingEntry Content may vary so entrants should check with their service provider forcurrent charges and seek the permission of the person paying the bill beforeentering.

 

11.          One (1) entry per Experience per person. Multiple entries for the sameExperience by the same entrant (including where such entrant uses multiplesocial media accounts) may not be considered and the entrant may bedisqualified.

 

12.          MTV reserves the right to contact any and/or all entrants by a directmessage on Instagram throughout the term of the Initiative in relation to theseTerms and the Experiences and entrants are advised to regularly check formessages.

 

13.          The MTV Breaker for each Experience will be selected as soon asreasonably practicable after the completion of Stage 2.

 

14.          Aspart of the Experience, each MTV Breaker will receive:

 

(a)  mentoring stylesupport (of at least four (4) hours) in relation to their Experience;

(b)  economy class airtravel from an airport of MTV's choice to London;

(c)  accommodation at a three (3) star hotel of MTV's choosing in or aroundLondon on a room only basis from 9 or 10 to 13 November 2017; and

(d)  transfers from theairport in London to the accommodation on 9 or 10 November 2017 and returntransfers on 13 November 2017.

 

Theretail value of each Experience is approximately £1000, and is subject tochange based on current market conditions at time of fulfillment of theExperience, the time of travel and the distance between departure anddestination.  No other substitution,transfer or cash equivalent is permitted.

 

15.          Each MTV Breaker is solely responsible for (at theMTV Breaker's cost and expense):

 

(a)  obtaining allrelevant permissions, consents and releases from any individuals who may beidentifiable in or from any Entry Content;

(b)  any and allapplicable taxes;

(c)  ensuring he or she is fully able to travel to and enter the UK andparticipate in the Experience either (i) from 9 to 13 November 2017 for thoseMTV Breakers travelling long-haul or (ii) from 10 to 13 November 2017 for thoseMTV Breakers travelling shorter distances (as agreed with MTV);

(d)  obtaining anyrelevant documentation, permissions and/or consents (including, withoutlimitation, valid passports, visas and/or other travel permits);

(e)  obtaining suitabletravel insurance;

(f)  arranging and paying for all travel arrangements to and from therelevant departure airport; and

(g)  any other costsand expenses other than those expressly identified in term 14 (including,without limitation, spending money).

 

16.          EACH ENTRANT MUST BE AVAILABLE TO TRAVELARRIVING IN LONDON, THE UK, ON 9 OR 10 NOVEMBER AND DEPARTING ON 13 NOVEMBER2017. NO ALTERNATIVE DATES WILL BE AVAILABLE.

 

17.          Ifan MTV Breaker fails to contact MTV as requested or fails to provide the informationreferred to in Term 4 within a reasonable time, MTV reserves theright to disqualify them and immediately select an alternative MTV Breaker whowill be selected applying the same criteria as used to select the original MTVBreaker.

 

18.          MTVreserves the right to disqualify an MTV Breaker and select an alternative MTVBreaker in the event that MTV has reasonable grounds for believing that an MTVBreaker has contravened any of these Terms. 

 

19.          Instagramshall have no responsibilities in respect of the Initiative.  The Initiative is in no way sponsored,endorsed or administered by, or associated with, Instagram.  Entrants hereby release Instagram from allliability arising out of or in connection with the Initiative.

 

20.          MTV reserves the right toterminate the Initiative (or any part thereof) and cancel the Experiences orany of them in the event that, in MTV's opinion, there are insufficient entriesfor MTV to be able to select an MTV Breaker for any or all Experiences or, inMTV's opinion, improper conduct by an entrant (or any number of them) hasrendered the 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.

 

21.          By submitting the Entry Content, all entrants hereby grant to MTVand its respective parents, subsidiaries and affiliates a perpetual, irrevocable,worldwide, royalty-free, unlimited, non-exclusive licence to (and authoriseothers to) edit, copy, modify, transmit, adapt, collate, publish, broadcast,display, reproduce, delete and otherwise use in any and all media (whether nowknown or hereafter invented):

 

(a)  all Entry Content;and

 

(b)  any information orother material (including without limitation, the entrant's name, entry,photograph, likeness, biographical information, Instagram handle or screenname, voice, text, images, designs, audio and/or video clips) submitted inentering or any statement made by them concerning the Initiative ("Submissions") by any means and in anyand all media as they, in their discretion, see fit

 

andentrants hereby warrant and undertake that they have all rights necessary togrant such rights as set out in this term 21. For the avoidanceof doubt (but without limitation) each MTV Breaker's name, location, and EntryContent and a selection of Entry Content from other entrants may be broadcaston-air and/or posted across MTV's or its affiliates' social media platforms(but MTV shall not be under any obligation to do so).

 

22.          EachMTV Breaker acknowledges and agrees that all materials (including, but notlimited to, photographs, images, stills, films, recordings, text, reports,data, designs, documents, graphics, artwork, scripts and moodboards) created bythem as part of or in connection with an Experience and all other physicalmaterials created by them in connection with such materials (together, "Experience Materials") and all rightssubsisting therein shall be solely owned by MTV.  Each MTV Breaker hereby irrevocably andunconditionally assigns to MTV with full title guarantee (including by way ofpresent assignment of present and future rights) all right and title in and tothe 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 socialmedia platforms) without the prior written consent of MTV.

 

23.          EachMTV Breaker hereby grants MTV the exclusive right to film, tape, sound recordand photograph them at, and in connection with, the Initiative and anyExperience (and/or any related publicity event or promotional activity) and MTVshall own all right and title in and to all such films, tapes, recordings andphotographs. In connection therewith, MTV shall have the right to use andauthorise others to use the MTV Breaker's name, likeness and any biographicalfacts which may have been provided by the MTV Breaker to MTV worldwide in anyand all media (whether now known or hereafter invented).

 

24.          Entrantsacknowledge and agree that they may be required to participate in publicitywithout further consent or payment if they are selected for an Experience. 

 

25.          Insofar aspossible under applicable law, each entrant hereby irrevocably andunconditionally waives in favour of MTV, MTV's affiliates and their licensees,assigns and successors in title, all moral rights and any rights of a similarnature in any (a) Submissions; (b) Experience Materials and (c) any materialscreated in connection with activities referred to in terms 23 and 24 above to which such entrant is, or may at any timein the future be, entitled.

 

26.          Each entrant hereby confirms and shall ensure that theEntry Content:

 

a)    is not defamatory;

b)    is not sexuallyexplicit or suggestive, contains nudity or any dangerous activity or isprofane, pornographic or violent;

c)     is not,expressly or impliedly, derogatory of any ethnic, racial, gender, religious,professional or age group or endorses any form of hate or hate group;

d)    does notpromote any particular political agenda or message;

e)    does notcontain any symbols, clothing or other messages associated with any gang;

f)     does notcontain any music which has not been composed in its entirety by the entrantand is in all other respects the original work of the entrant;

g)    does notcontain any third party logos or brand names;

h)    has notbeen copied from and does not infringe or breach the rights (including, but notlimited to, any intellectual property rights including any copyright or designrights) of any third party;

i)      does notreveal any personal information including, but not limited to, personal names,email addresses, street addresses or license plate numbers;

j)      does notshow any identifiable individual unless such individual has expressly consentedto featuring in such Entry Content (and for such Entry Content to be used inconnection with MTV Breaks);

k)     does notcontain any website links;

l)      is not otherwiseoffensive or illegal in any way or depicts or simulates any activity that isoffensive or illegal.

 

27.          Each entrant hereby confirms and promisesthat it shall immediately at MTV's request remove such Entry Content as MTVdirects and/or any link thereto from Instagram and any other platform orwebsite on which the Entry Content has been available by or on behalf of theentrant in connection with the Initiative.

 

28.          Priorto being awarded an Experience, MTV may require the MTV Breaker (along with aparent or legal guardian where required by law) to sign any documents relatingto any Submissions, the Experience, Experience Materials and/or acknowledgmentof acceptance of all the Terms and the MTV Breaker acknowledges and agrees thatparticipation in the Experience is conditional upon such signature.

 

29.          Decisionsas to whether Entry Content breaches or infringes these Terms in any way shallbe made at the sole discretion of MTV.  EntryContent that does not comply in all material respects with the Terms may not beconsidered.

 

30.          MTVcan accept no responsibility for entries lost, delayed, misdirected orundelivered. Incomplete entries will not be considered. MTV shall not beresponsible for technical errors in telecommunications networks, Internetaccess or otherwise preventing submission of an entry.

 

31.          TheExperiences are as stated and non-transferable. No cash alternatives will be offered. If due to circumstances beyond MTV's reasonable control MTV is unable toprovide any Experience, MTV reserves the right to award a substitute Experience.

 

32.          Allentrants acknowledge and agree that participating in the Experience is notintended to create any relationship of employment between MTV and any entrantand the entrant is under no obligation to complete the Experience.

 

33.          MTVshall not be liable for any loss or damage howsoever caused (whether incontract, tort or statutory duty or otherwise) arising out of or in connectionwith the Initiative and/or the Experience other than death or personal injurycaused by negligence of MTV and/or their personnel and/or deceit or fraud byMTV and/or their personnel.

 

34.          MTVshall not be liable for any delay in performing or partial or total failure toperform any of its obligations to any MTV Breaker under these Terms if suchdelay or failure is caused by circumstances beyond MTV's reasonable controlincluding without limitation delays (to postal services or otherwise), changes,disruptions, cancellations, diversions or substitutions howsoever causedincluding, without limitation, as a result of war, terrorist action orthreatened terrorist action, strikes, hostilities, civil commotions, legal orregulatory changes, accidents, fire, flood or natural catastrophes or arising,without limitation, out of or in connection with (i) the activities or thirdparty event organisers or third parties providing any element of an 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 providingaccommodation included in the Experience. For the avoidance of doubt, theaffected entrant shall be solely liable for any additional costs incurred as aresult.

 

35.          Eachprovision excluding or limiting liability is to be construed separately and willapply and survive even if for any reason any of the other provisions are heldto be inapplicable or unenforceable in any circumstances. Each of theprovisions excluding or limiting liability will remain in force notwithstandingany termination of these Terms.

 

36.          Thename of the MTV Breaker for each Experience can be obtained by sending astamped, self-addressed envelope to: FAO MTV Breaks EMA 2017, ViacomInternational Media Networks UK Limited, 17-29 Hawley Crescent, London, NW18TT, for one (1) month after the closing date.

 

37.          Anypersonal information, including without limitation, the entrant's name, age,address, telephone number, email address and/or nationality will be used solelyin connection with the Initiative and for any purpose for which the entrantspecifically opts in and will not be disclosed to any third party who is notpart of the Viacom group of companies except for: (a) purposes connected tofulfilling the Experience where applicable; and (b) for any purpose for whichthe entrant specifically opts in. Any personal information held by MTV inrespect of the Initiative will be held on record for a reasonable period tofulfil the purpose for which such personal information was collected suchpersonal information may be stored in countries outside of the European Union(including, without limitation, the USA). Any personal information provided to MTVby an entrant will be dealt with in accordance with MTV's privacy policy accessibleat http://www.mtv.co.uk/legal/privacy-policy.If an entrant gives MTV permission to pass on their personal information to athird party then this shall no longer be the responsibility of MTV and shall besubject to the privacy policy of that third party.

 

38.          Onlyentries from individuals are accepted. Any entries that MTV believes have: (a)been made via participation in a syndicate; or (b) via any form of machineassisted intervention enabling computer generated multiple entries, will bedisqualified. MTV reserves the right to discount multiple entries for anExperience from the same IP address.

                               

39.          NOPURCHASE OF GOODS AND/OR SERVICES WHATSOEVER IS NEEDED BY ENTRANTS IN ORDER TOPARTICIPATE IN THE INITIATIVE.

 

40.          TheseTerms may be amended or varied at any time by MTV on notice.

 

41.          Nowaiver of any rights by MTV or any entrant will be taken as a waiver of anyother rights it may have. For example, if MTV waives its right to complainabout a particular breach of these Terms by an entrant, it does not prevent MTVfrom complaining about other breaches.

 

42.          Nothingin these Terms shall restrict MTV from doing anything necessary to ensure thatMTV complies with its legal or regulatory obligations and MTV may cancel oramend the Initiative (in whole or any part thereof) if to not do so would putMTV in breach of applicable law or, in MTV's reasonable opinion, impair thereputation of MTV or any of its affiliated companies.

 

43.          TheseTerms shall be governed by and construed in accordance with the laws of Englandand Wales and shall be subject to the exclusive jurisdiction of the EnglishCourts.

 

44.          Anyqueries regarding the Initiative should be addressed to:

 

FAO MTV Breaks EMA 2017, Viacom International MediaNetworks UK Limited, 17-29 Hawley Crescent,London, NW1 8TT.