Song Writing Competition Terms & Conditions

Song Writing Competition

Terms & Conditions

1. Sponsors
Universal Music Operations Ltd
364-366 Kensington High Street
London W14 8NS
(“UMO”)

and

Universal Music Publishing Limited
20 Fulham Broadway
London SW6 1AH
(“UMP”)

(collectively referred to as the “Sponsors”)

Introduction
This competition (the “Competition”) gives you the opportunity to write and submit a song to be included in the Dreamboats and Petticoats stage musical (the “Musical”).

Prizes
1. The winning Song will be performed by an appropriate cast member of the Musical in at least one regional performance of the Musical and one West End performance of the Musical (at venues and dates to be chosen by UMO at its sole discretion) between 1st June 2011 and 31st December 2011.

2. UMO shall choose an appropriate cast member of the Musical to record the winning Song and the product of such recording shall be included on a forthcoming  volume of the Dreamboats & Petticoats compilation album series (in compact disc and/or digital formats) (the “Dreamboats Album”) to be released by Universal Music TV, a division of Universal Music Operations Limited.

3. The winning Participant (“the Winner”) shall receive 4 tickets to see the performance of the Musical containing the performance of the Winner’s Song.

Entry Rules
You are invited to write an appropriate song to be performed in the Musical (the “Song”).

To enter the Competition, once you have written and recorded the Song, you should follow the instructions on the Soundcloud website at www.soundcloud.com to submit your Song. You must provide your name, your age, your email address, your contact phone number and the name of your Song. By entering the Competition you become a participant (“Participant”).

All entries must be submitted by the closing date of midnight 31 March 2011 and any entry received after this date will not be considered.

All entries must be submitted in the mp3 format (unless otherwise directed on the SoundCloud website) and must be ‘download disabled’.

Any Song submitted must be the original work of the Participant; must not have been previously broadcast, recorded, published or transmitted and must not contain copyrighted works of any person or entity or otherwise infringe upon the copyrights, trademarks, privacy, publicity or other intellectual property rights of any person or entity.

If the Song is the work of more than one person, all those involved must consent to it being entered into the Competion.

By submitting a Song, the Participant confirms that they agree to comply with these terms and conditions of the Competiton, that they have obtained any third party permissions (if applicable) and that they have ensured that any such third party has agreed to comply with the terms and conditions of the Competition. The Sponsors reserve the right, in their sole and unfettered discretion, to disqualify at any time during the Competition any Song that they believe may infringe the rights of any third party.

In the event of any dispute, all entries will be deemed made by the authorised account holder of the e-mail address submitted at time of entry (submission of an e-mail address, for purposes of this paragraph, means direct submission of a participant’s e-mail address). The authorised account holder is deemed to be the person who is assigned an e-mail address by an internet access provider, online service provider or other organisation that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address.

There is no limit to the number of entries per Participant but no Participant may submit the same Song more than once. More than one (1) entry of the same Song will void all entries from that Participant or e-mail address, as applicable. Any attempt by a Participant to enter the same Song more than once with multiple email accounts will result in disqualification. Participants may be requested to provide the Sponsors with proof that they are the authorised account holder of the e-mail address associated with an entry. The prize is non-transferable and there are no cash or other alternatives.

By participating in this Competition, each Participant warrants that any Song entered, written or submitted by them does not infringe the rights of any person or entity and that such Participant has obtained all permissions, licences and rights required to lawfully participate in the Competion.

Entry to the Competition is free and no purchase is required.

The Sponsor’s Rights
All recordings of Songs submitted will not be returned.
The Winner agrees that on announcement of the Winner the Winner (and any contributor(s)) shall enter into a formal written agreement granting, transfering, conveying and assigning all rights to the Song to UMP in accordance with UMP’s standard terms and conditions and thereafter UMP shall be entitled to exploit the Song in accordance with such agreement.
By submitting a Song, each Participant agrees that until such time as the Winner is announced they will not use their Song for any purpose other than to participate in the Competition or that they will otherwise make their Song available via any channel or means other than by uploading it to the Soundcloud website as per the instructions for the Competition. Any other use of the Song is prohibited and may be grounds for disqualification.

Only Songs which are submitted in accordance with all applicable rules governing this Competiton will be eligible for selection. For the avoidance of doubt, the rights granted herein shall be deemed to include the right to exploit the submitted Songs via simulcast and/or on “on demand” streaming on the Musical’s website and social networking sites including but not limited to the myspace.com, facebook.com and  “SoundCloud” websites (“the Promotional Uses”). Participants agree that they will not be compensated for submitting any Song or for the use of their Song in such manner. By entering the Competition, the Participant acknowledges and agrees that they may be required to sign paperwork necessary in order to grant the Sponsors the rights to exploit the Song for the Promotional Uses.

For the avoidance of doubt any and all rights and interest in the products of the recording of the Winner’s Song by UMO by a member(s) of the cast of the Musical shall be owned in their entirety by UMO absolutely throughout the World in perpetuity.

Eligibility
The Competition is not limited to any specific age group. Notwithstanding the foregoing, by submitting the Song, Participants under the age of eighteen (18) thereby warrant that they have obtained parental consent to enter the Competition and to assign the copyright in their Song to UMP. Participants under the age of eighteen (18) shall provide their parent’s/gaurdian’s email address so that, if necessary, the Sponsors can confirm this with the Participants parents/guardian.

Employees of the Sponsors, their affiliates, subsidiaries and advertising/promotion agencies and their immediate family members (defined as parents, children, siblings, spouse, and life partners) are not eligible to enter the Competition.

Entry Period
The Competition begins at 9am on 28 February 2011 and ends at midnight on 31 March 2011 (the “Entry Period”).  Entries received prior to or after the Entry Period will be disqualified.

Personal Data
Any personal data relating to Participants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the Participants prior consent SAVE THAT any use of such data by the Sponsors in relation to the Competition is deemed approved.

Compliance
Participation in the Competition constitutes Participant’s full and unconditional agreement to and acceptance of these terms & conditions and agreement that they may be contacted by telephone and/or email. If any provisions of these terms & conditions are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

Selection Of Winner
All entries will be reviewed by a panel of judges and the judges will then select the Winner. The judges’ decision in selecting the Winner shall be final.

The Winner must comply with all terms and conditions as set out herein and winning the Competition is contingent upon the Winner fulfilling all requirements. The Winner will be notified by e-mail within thirty (30) days of the end of the Entry Period. If the Winner cannot be contacted or does not respond within seven (7) working days of the Sponsors’ first attempt to contact them then the Sponsors shall be entitled to select another Winner.

Without limiting the generality of these terms and conditions, the Winner shall irrevocably grant, transfer, convey and assign to UMP the entirety of any rights they may have in and to the Song on UMP’s standard terms and conditions which include without limitation the payment by UMP to Winner of royalties (on a 75% “at source” (or equivalent) basis) which arise from the exploitation of the Song.

Winner accepts and acknowledges that the Sponsors shall not be obliged to use the Song and that the Sponsors in its sole discretion shall have the right to refrain from using the Song. The Sponsors shall not incur any liability whatsoever in refraining from any exploitation of their rights hereunder.

Winner will indemnify the Sponsors and any licensee of the Sponsors against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms and from the use of the Winner’s Song.

The Participant or any contributor to the Song must not be ‘signed’ to a music publisher or have an arrangement with any third party which would prejudice the full and unencumbered assignment of the Song to UMP on UMP’s standard terms and conditions. The Sponsors reserve the right, in their sole and unfettered discretion, to disqualify at any time during the Competition any Participant whose songwriting services are owned and/or controlled by a third party.

If, in the Sponsor’s opinion, a winner cannot be chosen due to entries not being of the standard required to be included in the Musical and/or on the Dreamboats Album, the Sponsors reserve the right in their sole discretion to cancel, terminate, modify or suspend the Competition, in whole or in part, at any time, without notice.

Liability
The Sponsors and their respective subsidiaries, affiliates, directors, officers, employees and agents will not accept responsibility for any damage, loss, injury or disappointment of any kind arising from or in connection with any Participant entering the Competition.

The Sponsors shall not be responsible for any problems with or technical malfunction of any telephone network or lines, online systems, servers or providers, computer equipment, software, the failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site or any combination thereof including any injury or damage to a Participant’s or any other persons computer or mobile telephone related to or resulting from participation or downloading any materials in connection with the Competition.

Jurisdiction
These terms & conditions shall be governed by and construed in accordance with the laws of England. Disputes arising herefrom shall be exclusively subject to the jurisdiction of the courts of England.

Promotion
The Winner may be asked to take part in promotional activity relating to the Competion and/or the Musical and the Sponsors reserve the right to use the name of the Winner, their photographs and audio and/or audio visual recordings of them in any such publicity. The Winner grants to the Sponsors and their advertising agencies the right to use and publish Winner’s photo, name and biographical information.

Miscellaneous
If, in the Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any element of the Competition or if technical difficulties compromise the Competition in any way, the Sponsors reserve the right in their sole discretion to void any entries (including disqualifying any individual who tampers with the entry process) and to cancel, terminate, modify or suspend the Competition, in whole or in part, at any time, without notice.

The Sponsors shall not be responsible for any incorrect, inaccurate, incomplete, lost, late, damaged, destroyed, misdirected or unintelligible entries to the Competion or for failed or partial computer transmissions, whether caused by the website users or by any of the equipment or programming associated with or utilised in the Competition or by any technical or human error which may occur in the processing of submissions in the Competition for reasons which are beyond the Sponsors control.

The Sponsors shall not be responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software or failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from participating in the Competition except to the extent that any death or personal injury is caused by the negligence of the Sponsors.

Competition results and a copy of these terms and conditions may be obtained by sending a self-addressed, stamped envelope to: Dreamboats & Petticoats Song Competition, 364-366 Kensington High Street, London W14 8NS.