Terms and Conditions

ENTRANTS

1. This competition shall run on www.finalverse.co.uk (“Website”).

2. This competition is open to UK residents (including CI & IoM) aged 12-25 inclusive only, except employees of the Promoter and their families. If you are under the age of 18 you must get the consent of a parent or guardian to enter and be able to provide the same to us on request.

3. By entering the competition all entrants are deemed to have accepted and be bound by these General Rules.

4. You may enter as often as you wish, provided that each entry is different and complies with these terms.

5. To be eligible entrants must record their entry of a verse that could be added to the track (i.e. the sound recording) entitled “teardrops” (“Track”) by the artist professionally known as Devlin (“Artist”) complying with the brief as set down on the Website and upload their entry pursuant to paragraphs 9 and 11 of these terms and conditions. By entering the competition entrants hereby acknowledge that: (i) all rights in and to the Track and Artist’s performance thereon are owned by Universal Island Records, a division of Universal Music Operations Ltd (“Universal”) and Universal hereby reserves all rights in and to the Track and Artist Performance thereon and entrants shall only be entitled to use the Track insofar as it is necessary to take part in this competition; and (ii) all rights in and to the underlying composition known as “Teardrops” and the resulting new composition which will include the winner’s winning version, known as, “Final Verse” are reserved to the writers Lewi White and James Devlin published by Bucks Music Group Limited on behalf of Boxerdog Media Limited and PeerMusic (UK) Limited (the “Publishing Rights”). Nothing contained herein shall be deemed to grant entrants any rights in the Track or Artist’s performance or the Publishing Rights thereon save the right to record their entry and to enter it into the competition, any use of any entry outside of this competition shall require the further consent of Universal or the respective third party licensors. Entrants shall not be entitled to exploit or to otherwise use their entry where it uses the Track (or any part thereof) or Publishing Rights without Universal’s or the respective third party licensor’s prior written consent.

6. Whatever way you choose to enter, you must include your full name, nickname (if any), age, email address and telephone number (“Entrant’s Information”). Any entries sent in without these details shall not be entered into the Competition.

7. Use of Entrant’s Information shall always be compliant with all data protection laws and legislation and privacy policy on the Website. By entering the competition entrants will have granted permission for the Promoter to publish their name on the Website and in other publicity material. Entrant’s contact details will not be passed on for use by any third parties, and entrants will only be contacted in reference to Final Verse and / or ChildLine.

8. Entrants that are shortlisted and are under 18 will need a written consent of a parent or guardian or person with parental responsibility to go through to the judging panel voting and to be considered for the final choice of the winner. Shortlisted entrants that are under 18 will be contacted by phone and email. If the parent’s / guardian / person with parental responsibility’s consent is not provided within 48-hours from the first email, they will lose their position within the shortlist and their chance to be selected as a winner of the competition.

22. In the event that any of the winning entrant(s) are under 16 then such win is subject to receipt by us of signed consent from the parent or guardian of the winning entrant for them to assign the rights in the entry to us and for us to exploit the entry and for them to participate in the prize and for them to participate in the professional recording of their entry and video accompanying their entry (“Winner’s Entry and Video”) and Promoter, its licensees, assigns and subsidiaries right to exploit the Winner’s Entry and Video in any manner and all media as Promoter, its licensees, assigns and subsidiaries shall in their absolute discretion see fit.

23. Entries will not be considered in the event that the Promoter (including the judges) has the reasonable belief that: (i) the whole or any part of an entry has been copied from elsewhere; (ii) the lyrics in any entry identify any individual that has not agreed to be identified; or (iii) the lyrics of any entry are defamatory, indecent, incite hatred based on race, gender, sexual orientation or religion, or violate any third party’s rights; or (iv) there is an other appropriate basis for exclusion in the circumstances.

24. Entries submitted will be displayed online at http://www.youtube.com/finalverse2011 and maybe at www.finalverse.co.uk. Selected entries may also be featured on SBTV YouTube channel (http://www.youtube.com/user/smokeybarz) as part of the competition promotion.

25. The Promoter shall be entitled to reject any entry or disqualify any winner or entrant, if the promoter believes that: (i) the whole or any part of an entry has been copied from elsewhere; or (ii) the lyrics in any entry identify any individual that has not agreed to be identified; or (iii) the lyrics of any entry are defamatory, indecent or violate any third party’s rights.

26. All video entries submitted will be branded by ChildLine before being uploaded to the competition gallery.

 

JUDGING AND VOTING

27. All entries will be subject to ‘likes’ on YouTube.

28. Multiple ‘likes’ can be made for different entries, but duplicate ‘likes’ for the same entry are not allowed on YouTube.

29. Subject to terms and conditions herein, the 5 entries that receive the highest total number of ‘likes’ and views on YouTube will automatically make the top 20 shortlist.

30. The remaining 15 of the 20 shortlist will be made up of entries considered by the Promoter (in its absolute discretion) that seem to have the most considered, relevant lyrics relating to the project theme ‘Head’s in a Mess’.

31. The 20 shortlist will be judged by a panel of experts (including independent judges and one judge from the Promoter). The judges will choose the entries that they consider, in their absolute discretion, are the best lyrics that promote Final Verse / ‘Head’s in a Mess’ theme, and promote a positive image.

32. The judges’ decisions shall be final & no correspondence will be entered into. Final judging will take place on the 27th, 28th and 29th July 2011. Winners will be notified within 7 days of judging by phone and email.

33. The full or professional names of all the judges will be made available on request. Please send a stamped addressed envelope to the correspondence address below marked “Final Verse, Judges names”. Livity, 9 Brighton Terrace, Brixton, SW9 8DJ.

34. Details of the prize winner’s name & winning entries will be available by sending an SAE no later than 31 December 2011 to the correspondence address marked “Final Verse, Winner’s names”. No other correspondence will be entered into.

35. Promoter reserves the right, with or without cause, to exclude entrants and withhold prizes for violating any of these General Rules and the Terms and Conditions and Terms of Use. Promoter reserves the right to amend these General Rules. Any amendments will be published on the Website.

 

PRIZES AND WINNERS

36. It is expected that there will be one winner (unless the Promoter in its discretion decides to award more or fewer prizes). The judges reserve the right to not select an overall winner if none of the entries are deemed to be of high enough quality.

37. The Winner will be notified by the phone and/ or email given to Promoter by entrant when entering the Competition. If the Winner does not respond to the message within 72-hours from the initial email or is not available to record their verse and music video within the dated stated below or other dates agreed by Promoter within a reasonable time frame (see point 36), he/she will lose their position as a Winner

38. The judges’ decision is final and binding on the entrants. No correspondence will be entered into.

39. Prizes are as stated, there is no cash or other alternative to the prizes stated and the prizes are not transferable and no part or parts of the prize may be substituted for other benefits, items or additions.

40. Winners may be required to take part in reasonable publicity. By entering this competition you shall be deemed to have given your permission for this reasonable publicity. This reasonable publicity may include the Winner’s film being featured on-line and used generally for publicity purposes, or for articles about them to be featured in press online or in print. There shall be no additional compensation in respect of this reasonable publicity.

41. One overall winner (subject to clause 36) will win the right (subject to mutual agreement of a suitable date) to record at a London studio nominated by the Promoter their verse (“Recording”) and to film their part to be added to a video for the Track (“Video”), as between Universal and winner(s), Universal shall be the owner in the copyright in the Video and Recording and all rights therein including without limitation the winner(s) performance as embodied in the Video and Recording which winner(s) shall assign to Universal and winner(s) agree to sign any and all paperwork necessary to confirm the same and to enable Universal to use, edit, modify, display, publish, perform, reproduce, communicate, and distribute the Video and Recording (including without limitation the copyright in the underlying choreography) and to otherwise exploit their name, image and/ or likeness, Video and Recording as they in their discretion determine.

There is no guarantee that any filming will be broadcast. The Winner will be recorded and filmed at some time between 15th – 26th August 2011. The Promoter shall pay the reasonable costs of or arrange transfers to and from the nominated studio from and to their UK home for each winner. No accommodation shall be provided. In the event that the winner is under 18 then the win is subject to a parent or guardian who is over 18 accompanying the winner and being able and willing to counter sign the aforementioned paperwork with the winner(s).

 

GENERAL

42. The promoter reserves the right to suspend, withdraw or amend this promotion, for any reason including but not limited to any unforeseen circumstances or technical or other difficulties that may compromise its integrity

43. This promotion is governed by English Law & subject to the exclusive jurisdiction of the English courts.

44. Nothing in these terms and conditions shall limit Promotor’s liability for death or personal injury caused by their employees or agents’ negligence or for fraud.

45. If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable it shall be severed and deleted from these terms and conditions and the remaining clauses shall survive and remain in full force and effect.

 

ENTRIES

9. All entries must be video entries up to 8MB, in one the following formats to be valid: MP4, MOV, 3GP & WMV.

10. Entrants that don’t have access to recording equipment can record their entry at Livity,  Monday to Friday 9.30 – 5.30pm, until the competition’s closing date.

11. Video entries must be either uploaded online at www.finalverse.co.uk, emailed to enter@finalverse.co.uk or handed in / posted to: No payment is necessary but entrants should be aware that they may be subject to local call charges depending on their own individual arrangements for Internet access.

12. The Promoter accepts no responsibility for difficulties experienced in submitting an entry. Promoter will not be liable for any failure of receipt of entries. Promoter takes no responsibility for any entries that are lost, delayed, illegible, corrupted, damaged, incomplete or otherwise invalid. Further, Promoter will not be liable for technical, hardware, or software failures of any kind or lost or unavailable network connections which may limit or prohibit an eligible Entrant’s ability to participate in the Competition. Proof of submission will not be accepted as proof of receipt.

13. Entries may be rejected at the sole discretion of Promoter, including for reasons of obscenity, defamation, invasion of privacy, a violation of the rights of a third party or in the event that Promoter deems the entry uploaded to be in anyway inappropriate (including on grounds of age and/ or sexual content). Promoter reserves the right to reject any entry and/ or to require entrants to provide proof of their age and/ or parental/ Guardian consent, and to withdraw such entrants video from the competition if the entrant does not provide such proof within 48 hours from Promoters first email.

14. Entrants will receive an email from the Promoter as confirmation if their entry has been approved and entered into the competition or about reasons for the entry being rejected.

15. Closing date for Entries to be received by 11:59pm (BST) Sunday 24th July 2011.

16. Incomplete entries will not be considered.

17. All entries will become the property of Promoter and will not be returned.

18. By entering and submitting an entry, all eligible entrants agree to abide by each and all of these General Rules, the Terms and Conditions and the Security and Privacy Policy that govern the Website. If the entrant is under 16 years of age, or the video contains the performance of anyone under the age of 16, the entrant must ensure they, or anyone featured in their video, are fully clothed in the video and any videos should not contain any gestures, scenes or dance moves of an overtly sexual or violent nature, any such videos shall be immediately withdrawn from the competition. No video submitted as part of this competition, regardless of age, should contain gestures or scenes of a violent or excessively sexual nature or anything that could be offensive to the reasonable person on grounds that it discriminates against or is discriminatory to any person or group (whether on grounds of sex, race, religion or other).

19. The entrants represent and warrant that the entry submitted is the entrant’s original work and that it does not violate any agreement between the entrant and any third party and the entry does not infringe upon or violate any law, agreement or other rights of any kind, of any third party, without limitation, rights affecting copyright, contract, defamation, privacy or publicity and the entrants indemnify the Promoter against all losses, damage and costs howsoever arising caused by their entry infringing the rights of any third person. The entrants agree to waive and/or not assert any moral rights against the Promoter it licensee, subsidiaries and assigns.

20. By submitting an entry all entrants agree to assign rights in their entries and the rights in their performance (and any other performers) embodied on their entry to Promoter its licensees, subsidiaries and assigns with full title guarantee to the extent that Promoter shall own the same throughout the world for the full life of copyright and shall complete any and all further paperwork required by Promoter. Notwithstanding the foregoing, if requested by the Promoter, the winner undertakes to execute all assignments and do all things and sign all documents as are reasonably necessary to assign and grants all rights in and to the underlying rights in their winning entry to those third party licensors who have rights in and to the Publishing Rights, namely Bucks Music Group Limited on behalf of Boxerdog Media Limited and PeerMusic (UK) Limited on those parties’ standard terms of assignment. Promoter shall be entitled to broadcast, sell, promote, market and otherwise exploit any entry in any manner in all media and shall be entitled to re edit, alter or modify the same. Promoter shall be entitled to assign their rights in the entries, or any of them.

21. For the avoidance of doubt, all entrants agree to the free use of their names, photographs and general locations for publicity and news purposes during this and future promotions in any and all media by Promoter its licensees, subsidiaries and assigns.

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