Entrants will be deemed to have accepted these terms and conditions and agreed to be bound by them when entering this Promotion.
Who may enter
- This promotion (“Promotion”) is open to legal residents of the United Kingdom only aged 16 years and over. If you are under 18 years old you must have the permission of your parent or guardian, who must have read and agreed to these terms on your behalf.
- Entrants must:
- upon the Promoter’s request, present acceptable proof of name, age, address and, where applicable, written permission of any featured individual, and/or the entrant or featured individual’s parent/guardian where the relevant individual or entrant is below the age of 16; and
- confirm their acceptance of these Terms and Conditions before becoming a finalist or taking any prize. Reference to acceptance (whether express or implied) includes, in the case of entrants below the legal age of majority, acceptance by their parent/guardian.
The Promoter reserves the right to request acceptable evidence of the above, and may disqualify any entrant who fails to provide such evidence upon request.
- Employees (or family members of employees) of any group company of the Promoter, companies associated with the Promotion and all affiliates of such companies may not enter this Promotion.
How to enter
- To take part in this Promotion:
- create a video of yourself or others performing one of your own original songs that you have written (“Entry”). The Entry can be up to a maximum of 4 minutes in duration. You must complete either the solo songwriter or group entry section at the time of submitting your Entry, crediting all those involved with the work and the ownership splits you have agreed;
- then upload your Entry at www.salutemusic.uk (“Salute Website”) or on the Salute App available on iOS and Android (“Salute App”) during the “Open Period”, which starts at 12.00 GMT on 27 April 2017 and ends at 23.59 GMT on 13 August 2017 “Closing Date”. You will need to complete the registration process at the same time as uploading your Entry which will involve, among other things entering your name, age, email address and telephone number; and
- All entries will go through a vetting process before being accepted into the competition. The Promoter reserves the right at all times to refuse entry into the competition or to ask for the entry be amended if it does not meet the requirements set out in the terms and conditions. The Promoter’s decision shall be final.
By uploading an Entry, you agree (and confirm that any performers featuring in your Entry agree) to your Entry being submitted to the Promoter and its team of curators for judging. You are responsible for ensuring that the contact details supplied by you are active and correct.
- Maximum of four entries per person (whether taking part as a solo songwriter or group), namely no more than four videos.
- Multiple or duplicate entries of the same Entry will be invalid.
- All entries must be received by 23.59pm (GMT) on the Closing Date.
- Videos uploaded after the Closing Date will be invalid. The Promoter reserves the right to determine the time of upload.
- In these Terms and Conditions, the following phrases have the following meanings:
“CDPA” means the Copyright, Designs and Patents Act 1988;
“Commercial Agreement” means any agreement(s) (including any amendments or variations thereto) with you or an entity, whether directly or indirectly via a third party or third parties, relating to one or more of your merchandising, sponsorship and endorsement rights, book publishing rights, and/or to the supply of your services in respect of your appearances on television, in film or in any other medium and/or your live appearances (including, without limitation, personal appearances, live touring or otherwise);
“Intellectual Property Rights” means all copyright, design rights, trade marks (whether registered or unregistered and all applications for any of the foregoing), Performer’s Property Rights, all rights of confidence in information, data or know-how and any other intellectual property rights or proprietary rights of any kind whenever and however arising for the full term thereof and all renewals and extensions thereof;
“Promoter Materials” means any and all material created, produced and/or developed by the Promoter (and/or any third party appointed by it or otherwise engaged in connection with the Promotion) which may incorporate the Works and/or your name, voice, likeness, image and age, including all edits, translations or other derivative forms thereof;
“Promotion Period” means the period commencing on the date of upload of your entry and ending on conclusion of the Promotion, anticipated to be on or around 1 December 2017;
“Performer’s Property Rights” means in relation to any and all performances of the Artist contained in the Promoter Materials, all those rights specified in section 191A of the CDPA and any analogous or similar rights anywhere in the world;
“Publishing Agreement” means any music publishing agreement(s) (including any amendments or variations thereto) with you or an entity, whether directly or indirectly via a third party or third parties, supplying your services as a songwriter and/or the products of those services;
“Recording Agreement” means any recording agreement(s) (including any amendments or variations thereto) with you or an entity, whether directly or indirectly via a third party or third parties, supplying your services as a recording artist and/or the products of those services; and
“Work” has the meaning given to it in paragraph 30.
- You warrant and undertake that (at all times, unless stated otherwise):
- at the time of entering this Promotion you hereby confirm that each Entry that you submit to the Promotion is not subject (in any way) to any binding agreement or commitment with any record label, music publisher or any third party relating to its commercial exploitation including but not limited to a collection society other than PRS and/or BASCA. For the avoidance of doubt, you are entitled to enter into this Promotion if you are a member of PRS and/or BASCA;
- your Entry does not, and any Works will not, infringe any third party rights;
- you have the right to grant the Promoter permission to use your Works for the Purposes, including (without limitation) all relevant rights, written permissions (including from individuals featured in your entry or any Works later created during the Promotion) and (where required by applicable law) any necessary agreement to zero royalties from any individuals featured in your entry;
- any materials which feature in your Works are your own property;
- your Works do not feature any individual except for yourself and other individuals who have consented to being featured in your Works (in the case of individuals under the age of 16, consent from their parent/guardian is also required), and do not feature any person under the age of 12;
- except for any materials made available by the Promoter, your Works are your own original work and do not infringe any third party intellectual property rights and you are the legal and beneficial owner of all intellectual property rights in your Works;
- your Works do not contain any discriminatory, obscene or defamatory material, does not include (whether by image, gesture, statement or other material of any kind) any violent use of weapons, cruelty to animals, offensive use of religious iconography or anything which may reasonably be considered to be offensive, anti-social, inflammatory or otherwise objectionable, and is not otherwise illegal under English law;
- you agree that the Promoter may, in its sole discretion elect not to publish, use or exploit your Works or any part of them in any way and, if it does elect to publish, use or exploit your Works or any part of them in accordance with these Terms and Conditions, the Promoter may, in its sole discretion, stop publishing, using or exploiting your Works at any time, and may edit any material it considers in breach of these terms.
- By entering this Promotion, you agree that, if you become a Top 100 Winner, during the Promotion Period, neither you nor anyone on your behalf will enter into any discussions and/or negotiations whatsoever with any third party in respect of a Recording Agreement and/or a Commercial Agreement and/or a Publishing Agreement to which any Works may be subject including but not limited to a collection society other than PRS and/or BASCA.
Top 100 Winners
- From all eligible entries to the Promotion, in the opinion and sole discretion of the panel of curators appointed by the Promoter (which shall comprise of a number of industry experts from across the music industry) (“Panel”), the Panel will select 100 entries which they believe demonstrate the greatest degree of originality, talent, creativity and music writing ability (“Top 100 Winners”). All criteria are weighted equally. Chance will not affect the determination of such selection. Odds of becoming a Top 100 Winner will depend on the number and calibre of eligible entries. The Panel’s decision shall be final and binding in all respects. No correspondence will be entered into.
- The Top 100 Winners will be notified by email to the address provided by them when uploading their entry within 45 days of the Closing Date.
- Upon notification, each Top 100 Winner (and any performers featuring in any such Top 100 Winner’s Entry) will be required to, at the Promoter’s discretion:
- enter into an agreement with the Promoter setting out, amongst other things, its compliance with those provisions set out in these Terms (an in particular those set out in paragraphs 10 and 11) and agreeing to indemnify the Promoter against any losses, damages, claims, expenses, actions or otherwise arising from such non-compliance.
If any Top 100 Winner (and/or any performers featuring in such Top 100 Winner Entry) is unwilling to enter into such an agreement within 24hrs of notification by the Promoter, simply does not reply, the Promoter shall be entitled to remove such Top 100 Winner from the selected winning entries and such entry will no longer form part of the Promotion. The Promoters decision is final.
- The entries of all compliant Top 100 Winners will then be made available on the Salute Website and Salute App for a period of at least 30 days where members of the public will be entitled to vote through Facebook Messenger on which entry they like best. Voting for the Top 100 will be restricted to residents of the United Kingdom only. Following this public vote, the top 6 entries with the most votes will be named the finalists of the Promotion (“Finalists”).
- The concluding phase of the Promotion, ‘the finals’, will require at least one new song/work to be created by the Finalists for each Final Event they take part in. The length and frequency of the finals is subject to change however all Finalists will be required to attend each event as part of the finals, the “Final Events”. Maximum duration is 2 weeks. A Finalist must notify the Promoter immediately if it is unable to participate in any of the Final or of any development that may have a material impact on such Finalist to attend a Final Event or otherwise comply with the Terms and Conditions set out herein.
- All Finalists acknowledge that the timing of any Final Event (including rehearsals and preparation) is of the essence, and such Finalists shall arrive at the designated locations sufficiently in advance to allow each Final Event to proceed in a timely fashion in accordance with any itinerary notified to such Finalist by the Promoter.
- All Final Events may be filmed and otherwise recorded and broadcast on television or otherwise made available to the public (including online). Broadcast and means of broadcast shall be in the sole discretion of the Promoter.
- In preparation of each Final Event, each Finalist may be required to write and compose a new song (music and lyrics) (in compliance with all warranties, undertakings and representations set out in this Agreement, including but not limited to those set out in paragraphs 10 and 11) and that new song will then either be performed by the Finalist themselves or their collaborators. Each Finalist will then need to send the new works in within 48hrs of being notified of being a finalist
- The Six Finalists will go head-to-head. The Finalist with the most votes over the final week will be crowned the winner of the Promotion (“Winner”). Voting for ‘the finals’ will be restricted to residents of the United Kingdom only.
- Each Finalist (apart from the Winner) will receive prize winnings of £10,000.
- The Winner will receive prize winnings of £50,000.
- The Promoter reserves the right to substitute a prize (or any part of the prize) for a prize or prizes of equivalent or greater monetary value if this is necessary for reasons beyond its reasonable control, including where any prize is not permitted by applicable law. Unless the Promoter agrees otherwise in writing, the prize is non-refundable and non-transferable, and the precise amount of prize money received may vary depending on fluctuations in currency exchange rates.
- It is the sole responsibility of the prize winner to pay any taxes or government fees applicable to the prize. All prizes will be paid to the Finalists and Winner after their hometown winning gig, which will be held between January and February 2018.
- Details of each prize winner’s name will be published for two months after the close of this Promotion on the Salute Website.
- In addition, the Promoter has also entered into partnerships with various industry organisations and businesses and the Finalist and Winners, and any other entrants selected by the Promoter (in its sole discretion), will be invited to work with such third parties on terms to be agreed, but which may consist of publishing, marketing, and recording contracts, free or discounted advice, studio time and or equipment.
- The Promoter shall not be liable for any expenses incurred by entrants to the Promotion. All entrants shall bear their own costs and expenses in entering this Promotion. Reasonable travel, accommodation and food and drink expenses will be covered by the Promoter for the Finalists only (to be advised by the Promoter in due course to respective Finalists).
- By entering this Promotion (and in consideration of your participation in the Promotion), you grant an irrevocable exclusive licence (i.e. exclusive permission) for the Promoter and their selected sub-licensees (including, without limitation, the Promoter’s sponsors) to use your Entry (or entries) and any further works created by you relating to this Promotion which you may create if you progress through the Promotion (and/or any parts of such entries and works) (“Works”) for any purpose we see fit to exploit the Promotion (including for promotional and broadcast purposes, third party advertising and uses on the Salute Website, Salute App, Facebook, Unilad and other social media channels and websites) (“Purpose”) in perpetuity, throughout the world in any and all media whether now known or hereafter invented, without further remuneration.
- You agree that you shall not hold the Promoter or the Promoter’s partners and sponsors and/or their employees, officers, agents and contractors responsible or liable for any use of your Works by third parties either during or after the Promotion. The Promoter (and its selected sub-licensees) may also attribute and/or feature your name, voice, likeness, image and age to and in your Works.
- You hereby agree to waive, not to assert, and agree to any use which may constitute an infringement of (and warrant that all individuals featured in your Works have waived, agreed not to assert and agreed to any use which may constitute an infringement of) any moral rights (or similar or equivalent rights anywhere in the world, including image rights) in and in connection with your Works to the extent permitted by law. You agree to your Works being amended in any way and that the Promoter is not obliged to identify you as the author of your entry.
- You agree to do such other things and execute such other documents as are reasonably requested of you by the Promoter in order to allow the Promoter to use your Works for the Purposes, including without limitation registration before any authority and completion of a form of written licence.
- If you are declared a Top 100 Winners, Finalists and/or Winner or are selected to appear in any recording of the Promotion (live or otherwise), a ‘highlights’ or ‘behind the scenes’ film or any other film, recording or Material created as part of or in connection with this Promotion:
- you hereby assign to the Promoter with full title guarantee, by way of present assignment of present and future copyright and other rights, all Intellectual Property Rights and all other rights of whatever nature in and to the Promoter Materials. For the avoidance of doubt, you will retain all ownership of any Works featured in the Promoter Materials which are licensed to the Promoter in accordance with paragraph 30 above;
- you irrevocably and unconditionally grant and confirm to the Promoter in respect of the Promoter Materials all consents required, including without limitation any performers non-property rights pursuant to Part II of the CDPA (and all other laws now or in future in force in any part of the world) which may be required for the exploitation by the Promoter and any third parties it designates of the rights granted under these Terms;
- irrevocably and unconditionally waive (and agree not to enforce) all rights in the Promoter Materials to which you are now or may in the future be entitled, including without limitation any rights pursuant to the provisions of sections 77, 80, 84, 205C and 205F of the CDPA and any other moral or equivalent rights to which you may be entitled under any legislation now existing or in future enacted in any part of the world; and
- do any and all such acts and execute all such documents consistent with these Terms and Conditions in such manner and at such locations as may be required by the Promoter in order to protect, perfect or enforce any of the rights granted, licensed or confirmed (or purported to be so granted, licensed or confirmed) to the Promoter.
- Nothing in these terms and conditions limits or excludes the Promoter’s (or any third party’s liability) for (i) death or personal injury arising from the Promoter (or third party’s) negligence, (ii) fraud, or (iii) exclusion of any statutory consumer guarantees or implied condition/warranty, the exclusion of which from these terms would contravene any applicable law.
- Except as set out in paragraph 36 above, so far as is permitted by law the Promoter and its associated companies and agents exclude responsibility and all liabilities arising from:
- any postponement or cancellation of the Promotion (including of any events or stages taking place as part of the Promotion);
- any changes to, supply of (including, without limitation, prizes which do not reach the intended recipient), or use or misuse of the prize;
- any changes to the timeline of the Promotion; and
- any act or default of any third party supplier,
which are beyond the Promoter’s reasonable control.
- Except as set out in paragraph 36 above, the Promoter does not accept responsibility for network, computer, hardware or software or other technical failures of any kind, which may affect the sending, receipt or processing of your entry. Entries must not be made through agents or third parties. Incomplete entries will be disqualified and will not be counted.
- If the Promoter has grounds to suspect any entrant or third party of cheating, deception or fraudulent or unsportsmanlike conduct of any kind (including, without limitation, public slander of the competition, manipulating the promotion, choice of prize winner(s) or any entry) the Promoter reserves the right (in its sole discretion) to disqualify any entrant, entry or person it reasonably believes to be responsible for, or associated with, such activity.
- The Promoter’s decision is final and binding in all respects on all entrants. No correspondence will be entered into. Entries that do not comply in full with these Terms and Conditions (at any time) will be disqualified. Except where prohibited by law, this Promotion is not subject to legal recourse.
- Please note that this Promotion is in no way endorsed or administered by Facebook or Unilad. By entering, you acknowledge that Facebook and Unilad bear no responsibility for this Promotion and, to the maximum extent permitted by law, you release Facebook and Unilad from any liability whatsoever in connection with this Promotion.
- The Promoter reserves the right to pass on any entry which causes it concern (including any associated personal details) to the relevant authorities, at its sole discretion and/or where such disclosure is required by law.
- The Promoter reserves the right to amend these terms and conditions at any time.
English Law applies
- This Promotion, and any dispute or claim arising out of or in connection with (including the prize), shall be governed by and construed in accordance with English law. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Promotion (including the prize).
- The ‘Promoter’ is RVL Productions Limited whose registered office is 2 Greenwich Quay, Clarence Road, London SE8 3EY.
Any Notices to be served upon the Promoter shall be in writing and sent by registered post to the address of the Promoter as detailed in paragraph 45 or the following email address and marked for the attention of Jean-Claude Charnier.