ARTICLE 1 - PROMOTEUR
This Promotion is being run by SOONVIBES Limited (“we”, “us”, “our”) of 6 bis Avenue Foch – 94160 Saint-Mandé, FRANCE. We are the “promoter” of the Promotion in partnership with WARNER MUSIC FRANCE, Parlophone Label (the “Partner”).
ARTICLE 2 – PREMISE OF PROMOTION
2.1 You can enter the Promotion for free, no purchase is necessary to enter or win. We invite you to create a remix (the “Remix”) of Julian Cross’s recording entitled 'Forget me nots' (the “Track”) and upload your Remix as part of the Promotion via Soonvibe’s website.
The Promotion will be promoted on the following URL address: http://www.soonvibes.com/juliancross (the “Website”) and:
- On our official social media account on Facebook and Twitter https://www.facebook.com/Soonvibes, https://twitter.com/soonvibes,
- On the official social media account of the artist:
Facebook : https://www.facebook.com/JulianCrossOfficial
Twitter : https://twitter.com/juliancross_X
Instagram : https://instagram.com/juliancross_official/
This Promotion is open from 00:00:00 on 4 December 2015 until 23:59:59 French time (the “Start Date”) on 5 January 2016 (the “Closing Date”).
Our computer system will be the official clock of the Promotion in determining the Start Date and 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.
Winning the Promotion is subject to receiving a valid entry from the participants (the “Participant”).
2.2 By providing your details to us you confirm that you would like to enter the Promotion and you agree to be bound by these terms and conditions (“Ts&Cs“), ethics rules applicable on the Internet, applicable laws and regulations and all legislation applicable in your jurisdiction of residence. These Ts&Cs applies to all Participants entering the Promotion except for Participants who are resident in France (for French Participants, please refer to the French version of the Ts&Cs).
ARTICLE 3 - ELIGIBILITY
3.1 This promotion is open throughout the world (but void where prohibited under local law). If you are under the age of majority in your jurisdiction of residence, you must have the consent of your parent(s) or legal guardian(s) to enter this Promotion and your parent(s) or legal guardian(s) must have also read and consent to these Ts&Cs. We reserve the right to verify such consent and to refuse entries in the absence of such consent.
3.2 Our and/or the Partner’s employees, directors, management, licensees and contractors and those of our and/or the Partner’s related or associated companies and agencies, our and/or the Partner’s retailers and/or our suppliers, and the immediate family of any such persons, are not permitted to enter the Promotion.
3.3 You can enter the Promotion for free, no purchase is necessary to enter or win. However, by entering the Promotion you agree that the costs you incur in creating your Remix are solely your responsibility.
3.4 It’s expressly agreed that no payment is due to the Participants for the production of the Remix.
ARTICLE 4 - HOW TO ENTER
4.1 How to enter as a remixer
You must have an account on Soonvibes in order to participate. Read the instructions on the Website and download the audio stems of the Track (the “Stems”) from the Website from 4 December 2015 to 26 December 2015. Once you have completed you Remix, submit it by uploading it on the Website from 4 December 2015 to 26 december 2015.
Participants will then vote for the Remixes which are online by giving grades from 1 to 10. Grades are given by the Participant voters on a “blind” way. Thus, voters won’t see the remixers’ names when rating.
On 02 January 2016, the average of the remixers’ scores will be determined for each Remix. The 30 Participants who obtained the highest average will be part of the final selection. The final selection of Remixes will be reviewed by a panel of judges as specified in article 5.1 below.
Multiple Remix upload from a single entrant will not be accepted. Only one Remix per entrant. If you submit more than one Remix you may be disqualify from this Promotion. Entrants may not use multiple accounts on the Website to enter the Promotion and such entries will be ineligible.
Your Remix 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.
4.2 How to enter as voter
You must have an account on Soonvibes in order to participate. Once you are logged in, you can:
- rate the Remixes on a 1 to 10 point rating scale;
- comment the Remixes.
By rating the Remixes and commenting on them from 27 December 2015 to 02 January 2016, Participants collect tokens as follow:
- rating a Remix = 125 tokens;
- commenting a Remix = 250 tokens.
Entrants represent and warrant that their comments don’t contain any harmful, offensive or inappropriate content. The comments don’t disparage or reflect adversely upon the Promoter or its goods/services.
Entrants may not use multiple accounts on the Website to enter the Promotion and such entries will be ineligible.
ARTICLE 5 – WINNER SELECTION AND NOTIFICATION
winner selection – among those who submitted a Remix
The winning (1) entrant will be selected on the 5 January 2016 by a panel of judges including Julian Cross and other music industry experts (collectively “Judges”) from all valid entries among the 30 Participants who earned the highest average. The 1 (one) winner will be selected among the finalists by the Judges by scoring all 30 remixes based on the following equally weighted criteria: originality, catchy remix, musicality. The Judges’ decision is final.
The winner (1) will be notified by email on or before January 5th 2016. Return of any prize notification directed to a potential winner, as undeliverable will result in disqualification and selection of an alternative winner. If a potential winner does not reply to the notification(s) or does not comply with these T&Cs, then in our discretion we may disqualify the entry.
The name of the winner (1) will be confirmed on the Website. The names can also be obtained by sending a self-adressed, stamped envelope to:
«Julian Cross invites you to remix his new track with BEAR 'Forget me nots' feat Libbie!»
6 bis avenue Foch
winner selection – among those who voted and commented
The winning entrant (1) will be selected among the Participants who collected at least 10,000 tokens on 02 January 2016 and will be the first names drawn at random from all valid entries received. The prize draw will take place on 06 January 2016. The odds of winning depend upon the total number of eligible entries received for the random prize draw. We will notify each winner by 06 January 2016 using the contact details submitted on entry. If you are chosen as a winner and your contact details have changed since your entry, we reserve the right to disqualify your entry and select an alternative winner.
ARTICLE 6 – PRIZE
6.1 Prize to winning remixer
One (1) winner will be selected by the Jury.
The winner wins the following prizes:
The winning remix will be sign with PM:AM label from Universal Music and will be released on the official bundle for the world promotion of the track 'Forget me nots'
The First winner also wins, but only subject to the validation of the Jury, the chance to be broadcasted on 'Julian Cross' official Facebook page at the following URL address: https://www.facebook.com/juliancross_official/
The prize is non-transferable and no cash alternatives will be available for the prize. However, we reserve the right to substitute prize of equal or greater value at any time if we withdraw the prize (in whole or in part) for any reason or it becomes unavailable (in whole or in part).
6.2 Prize to winning voters
Two prizes per winner.
The prizes to be won are:
2 premium tickets with a backstage access for the SummerFestival in Anvers on the 2 and 3 July 2016.
The prizes are non-transferable and no cash alternatives will be available for any prize. However, we reserve the right to substitute prizes of equal or greater value at any time if we withdraw the prizes (in whole or in part) for any reason or it becomes unavailable (in whole or in part).
We will notify each winner by no later than 06 January 2016 using the contact details submitted on entry. If you are chosen as a winner and your contact details have changed since your entry, we reserve the right to disqualify your entry and select an alternative winner.
If any of the following circumstances apply, a winner will be deemed to have forfeited the prize and an alternative winner will be selected from the remaining eligible entrants using the process set out above:
if the winner has not claimed their prize by the date specified in the winner notification, we reserve the right to conduct a further draw in accordance with clause 5.2 above to award the prize to another entrant;
the prize (or any correspondence relating thereto, e.g. a notification from us confirming a winning entry) is returned as non-deliverable;
the relevant winner does not provide requested evidence of identity, age, residency, or being the authorised holder of the email account from which the entry was submitted to our satisfaction within 48 hours of such request being made; or we determine non-compliance with any of these Ts&Cs.
ARTICLE 7 – INTELLECTUAL PROPERTY
In submitting your Remix for the Promotion, you must ensure that the Remix (excluding the Stems) does not infringe the copyright, trademark, privacy, publicity or other intellectual property rights of any person or entity. It must not include recordings made or owned or music written or owned by anyone other than you, save for the Stems.
Entrants agree that any copyright and other intellectual property rights potentially vesting in their Remix will be granted to us and our Partner without any payment to you and to this effect you hereby grant to us, for the term of 1 (one) year starting from the date of the upload of the Remix on the Website, any and all right in your Remix with full title guarantee free from all encumbrances charges and liens and we (and our Partner) shall have the exclusive right to use, reproduce, copy, transmit, publish, post, display, exhibit, broadcast, perform, and/or exploit the Remix on all Promoter and Partner related website and official social media accounts and Julian Cross’s official social media accounts throughout the World (or not, as we see fit), and to authorize others to do so without further reference or payment to you.
We and our Partner shall have the exclusive right to edit, overdub, vary and otherwise alter the Remix, and to exploit your Remix and all versions edits and derivatives thereof throughout the world (or not, as we see fit) and to authorise others to do so without further reference or payment to you or reference or payment to any persons featured in your Remix or who helped make your Remix.
ARTICLE 8 – AUTHORIZATION OF PARTICIPANTS
The 30 Participants who obtained the highest average agree to provide, and that we and our Partner (or any third party we may chose) may use details of your name, likeness, voice, performance (if applicable) and county/country of residence and/or other indicia of your persona on all Promoter and Partner related website and official social media accounts and Julian Cross’s official social media accounts, worldwide and for a period of one (1) year starting from the date of the upload of the Remix on the Website, for advertising and promotional purposes without additional authorisation, notice or compensation unless prohibited by law.
ARTICLE 9 – USE OF STEMS
You acknowledge and confirm that our Partner is the sole owner of all rights including copyright in and/or to the Stems, and you have no rights in the same. Notwithstanding the foregoing we hereby confirm the grant to you of a non-exclusive limited license to use the Stems to create your Remix solely for the purposes of this Promotion. Any use whatsoever of the Stems (or any part thereof) beyond the Closing Date or other than as expressly stated herein will be a breach of these T&Cs and a breach of our Partner copyright for which our Partner will have a claim at law against you.
You agree that the Stems or your Remix should not be distributed to third parties, including friends and family. Excluding for the purposes of this Promotion, you shall have no right to post, publish, broadcast, reproduce, exploit or otherwise use the Stems or your Remix (including but not limited to posting your Remix on Youtube, Dailymotion, SoundCloud etc.).
Beyond the Closing Date, you ensure that you fully delete the Stems from your computer or any other equipment.
ARTICLE 10 – LIABILITY RESTRICTION
We accept no responsibility for entries lost, damaged 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 and/or filtering of content by any social media platform (as applicable). Entries which are late, incomplete, corrupt, garbled, inaccessible/blocked, bulk, automated, ineligible, suspected as fraudulent, submitted via programmed/automated means, do not comply with the Ts&Cs, or which in our sole discretion affect the validity or operation of this Promotion will not be accepted and are void. To enter the Promotion you must have an unlimited or free access to Internet.
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 Ts&Cs apply to this Promotion. We shall have no liability for any injuries, loss or damage of any kind arising from or in connection with participation in this Promotion (including any damage to the entrant'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 Promotion) or acceptance, use, misuse or non-use of any prizes except for liability for death, personal injury, fraud and damage or loss caused by negligence, which is not excluded.
ARTICLE 11 – CANCELLATION OF PROMOTION / DISQUALIFICATION
We reserve the right, in our sole discretion, to disqualify you from the Promotion for any reason, including, but not limited to, because: the Remix does not comply with these Ts&Cs;
you are or we reasonably believe that you are tampering or attempting to tamper with the entry process;
you are acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass another Participant, any Judge, any of our representatives or any other person; or
you are otherwise acting in violation of these T&Cs and any other rules of the Promotion.
We reserve the right to cancel or amend the Promotion at any stage and without notice. In the event that we cancel the Promotion we shall not be liable for any damage, loss or disappointment suffered by you.
ARTICLE 12 – DATA PROTECTION
ARTICLE 13 – GENERAL
Except where prohibited, participants agree that:
- any and all disputes, claims, and causes of action arising out of or connected with this Promotion, 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 Promotion but in no event solicitor’s or other legal fees; and
- under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental and consequential damages and any other damages (other than for actual out-of-pocket expenses), and any and all rights to have damages multiplied or otherwise increased.
All issues and questions concerning the construction, validity, interpretation and enforceability of these T&Cs, or your rights and obligations in connection with the Promotion, shall be governed by, and construed in accordance with the laws of France) We may prosecute any fraudulent activities to the full extent of the law.
All federal, state and local laws and regulations apply and the Promotion is void where prohibited under local law.
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