SCENE SOUNDS MUSIC VIDEO PRIZE DRAW
TERMS AND CONDITIONS
INFORMATION ON HOW TO ENTER AND PRIZES FORM PART OF THESE TERMS AND CONDITIONS. BY ENTERING THE PRIZE DRAW, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS.
PROMOTER: The promoter is Scene Sounds, 1650 Norman Street, New York 11385 (“Promoter”).
PROMOTIONAL PERIOD: “SCENE SOUNDS MUSIC VIDEO PRIZE DRAW” (the “Promotion“) begins on September 6, 2017 at 12:00:00 AM EST and ends on October 18, 2017 at 11:59:00 PM EST (the “Promotional Period“).
ELIGIBILITY: The Promotion is only open to NYC U.S. residents aged 18 years or older. (the “Eligible Entrants“).
The Prize Draw is not open to employees (and their immediate families), representatives or agents (and those with whom such persons are domiciled, whether related or not) of Scene Sounds, their parent companies, subsidiaries, affiliates, prize suppliers, and advertising/promotion agencies (collectively, the “Promotion Parties”). Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
HOW TO ENTER
- There is a non-refundable fee to enter the Prize Draw of $45.00.
- To enter, Eligible Entrants must, during the Promotional Period:
- Pick one of your original tracks that you would like to enter into the Music Video Prize Draw. Your music track must be in one of the following music genres to qualify: pop, rock, soul, R&B, or hip hop/rap. Then create an account to enter it into our prize draw.
- Input the requested details (including full name and a valid email address), agree to the terms and conditions by ticking the relevant tick box, and submit.
- After the entry deadline, we’ll randomly draw a track from all entries—this track is the winner of the Music Video Prize Draw.
- We produce the winner’s music video on location with an award-winning director, Daniel Diosdado and a professional film crew.
- The winner’s music video will be shown at an exclusive Premiere on November 30, 2017 in New York City.
- Eligible Entrants agree to indemnify the Promoter against any loss arising out of, relating to, or in connection with, any breach of these terms and conditions by the Eligible Entrant, including any warranties given pursuant to these terms and conditions.
- Eligible Entrants are unlimited during the Promotional Period. Eligible Entrants must provide all information requested to be eligible to win. A Valid Entry is not complete until an Eligible Entrant has provided all of the information requested. No other method of entry will be accepted. Entries are deemed to be received at the time they are received by the Promoter’s database and not at the time of submission by the entrant. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- Any entry that contains content that the Promoter, in its sole discretion, considers to be offensive or inappropriate in any way or that the Promoter considers, in its sole discretion, to infringe any intellectual property rights or other rights of any person, corporation or entity, will be considered ineligible and deemed invalid. The decision to accept or reject an entry is at the Promoter’s sole discretion and no correspondence will be entered into.
- Eligible Entrants can enter in their with each entry. Eligible Entrants who provide incorrect, misleading or fraudulent personal information are ineligible to participate in the Promotion. The Promoter reserves the right to request each Eligible Entrant to produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Eligible Entrant’s identity, age, residential address, eligibility to enter and claim a Prize, and any information submitted by that Eligible Entrant in entering the Promotion, before issuing a Prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Eligible Entrant or entry has not been verified or validated to the Promoter’s satisfaction, then all the entries by that Eligible Entrant will be ineligible and deemed invalid.
- The use of any automated entry software or any mechanical, electronic or other means that allows an Eligible Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Eligible Entrant invalid.
- As a condition of entering this promotion, an Eligible Entrant consents to the Promoter using any material the Eligible Entrant submits in relation to this Promotion, including the Eligible Entrant’s name, likeness, image, voice (including photograph, film and/or recording of the same), and/or entry in any media for an unlimited period of time and worldwide without further notification, remuneration or compensation for the purpose of promoting, publicizing or marketing the Promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter and their associated or affiliated companies. The Eligible Entrant agrees that, in the event they are a Winner, the Eligible Entrant will participate in all reasonable promoted activities in relation to the Promotion as requested by the Promoter and its agents.
- By submitting an entry, each entrant:
- assigns to the Promoter all copyright subsisting in that entry at the time the entry is submitted;
- assigns to the Promoter, from the time of creation, all copyright subsisting in all materials, including any photographs or videos, created while attending the Premiere on November 30, 2017 in New York City.
- whether on a device supplied by the Promoter or otherwise; and
- waives any right or claim they have at present, or would have in the future, to any fee, royalty or other benefit to which they might have otherwise been entitled in relation to any of the materials that might be the subject of copyright that are assigned to the Promoter;
- warrants that they have full authority to grant such rights.
THE PRIZES AND APPROXIMATE RETAIL VALUES
- Eligible Entrants will be in the running to win a music video to the value of up to US$10K (Prize). The location, crew, equipment, and all corresponding entities will be selected at the discretion of the Promoter.
- The total maximum value of the prize pool is US$10K. Insurance, spending money, meals, taxes (including airline and airport taxes), passports, visas, vaccinations, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included, and are not part of the Prize, and is the sole responsibility of the Eligible entrants.
- Prizes are not transferable or exchangeable and cannot be taken as cash. Each Prize must be taken as offered and cannot be varied by the Promoter however the Prize Winner is free to purchase further services at his/her own cost. If for any reason a Winner is unable to accept the Prize as stated, the Winner will forfeit the Prize and no compensation will be given in lieu. If the Prize, or any part of a Prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the Prize or part of the Prize with a prize to the equal value and/or specification. The Promoter accepts no responsibility for any tax implications that may arise from the Prize. Values are accurate as of September 6, 2017 and the Promoter is not responsible for any variation in values. Independent financial advice should be sought. Prize values are in U.S. dollars and recommended retail price includes NY tax, where applicable.
- The Prize must be taken by the Winner between October 19, 2017 and October 21, 2017 unless otherwise agreed by the Promoter and is subject to shoot availability. The Winner and his/her companions are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation where applicable.
- One (1) Prize will be awarded during the Promotional Period and the Promoter retains the absolute discretion to decide which Prize is awarded.
- The prize is subject to availability. If the Prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize of equal or greater value and/or specification will be awarded in lieu.
PRIZE WINNER SELECTION PROCESS (PRIZE DRAW)
- There will be one (1) Valid Entry drawn as the Prize Winner (the Winner).
- This Promotion is a prize draw only.
- The Promoter’s decision is final and no correspondence will be entered into.
- The draw for the Prize will take place on October 19, 2017 (Selection Date) by the Promoter or its nominated representative. The Prize will be awarded to the winning Eligible Entrant.
- The Prize Winner and his/her companions will be invited to attend the Premiere in New York City that forms part of the Prize. The Prize winner will not receive any material benefit or payment if the Promoter subsequently uses photos and/or videos for promotional purposes.
- The Prize Winner will be notified by email or via the Promoter’s Instagram page and/or via scenesounds.com. The Promoter or its designated representative will attempt to contact the Prize Winner within two (2) business days of their selection.
- If any prize remains unclaimed by October 22, 2017, an unclaimed prize draw will take place on October 23, 2017, subject to any directions from a regulatory authority. A Winner, if any, will be notified by email and telephone within two (2) business days of the unclaimed prize draw and their names will be published online via the Promoter’s Instagram page and/or via scenesounds.com.
GENERAL TERMS AND CONDITIONS
- It is a condition of accepting a Prize that the Winner and all persons participating in the prize will, at the Promoter’s request, sign a legal release on behalf of any participating children in a form determined by the Promoter in its absolute discretion.
- A Prize will only be awarded following any Winner validation and verification that the Promoter requires in its sole discretion.
- If for any reason this Promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion and/or if necessary to provide an alternative prize or prizes to the same value as the original Prize.
- The Promoter reserves the right to verify the validity of any and all entries and reserves the right to disqualify any Eligible Entrant for:
- tampering with the entry process;
- submitting an entry which is not in accordance with these terms and conditions; or
- if the Eligible Entrant is engaged in any unlawful or other improper misconduct calculated to jeopardize the fair and proper conduct of the Promotion.
The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
- The Promoter will grant to the Prize Winner a non-exclusive, royalty free, revokable licence to use the copyright for personal non-commercial purposes, provided any such use does not harm or is prejudicial to the Promoter’s reputation. This right cannot be assigned or sub-licensed without the express written consent of Scene Sounds. Scene Sounds may terminate this license at any time by written notice to the Prize Winner.
- The Promoter may remove any content that does not comply with these terms and conditions. Entrants warrant and agree that:
- they will not submit, produce, share or distribute any content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, or otherwise unsuitable for publication;
- their content does not contain viruses or cause injury or harm to any person or entity; and
- they comply with all applicable laws and regulations, including without limitation, those governing copyright and designs, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.
- Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of these terms and conditions.
- Nothing in these terms and conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees under the Consumer Guarantees Act (“Non-Excludable Guarantees”).
- Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including but not limited to:
- any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
- any theft, unauthorized access or third party interference;
- any entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
- any variation in Prize value to that stated in these terms and conditions;
- any tax liability incurred by a Winner or Eligible Entrant;
- use of or taking of a Prize; or
- participation in the Promotion.
- The Winner acknowledges that in participating in the this competition and redeeming his/her Prize, the price winner may have access to information of substantial value to the Promoter and which is confidential to the Promoter (Confidential Information). Confidential Information includes written technical data, details of products that are not public knowledge, prototypes of new products, business methods, techniques, products and services required or preferred by customers, and other business information relating to the Promoter’s business.
- The Winner undertakes not to at any time divulge any Confidential information of the Promoter to any person without its prior written consent.
- The Promoter and its related entities are collecting your personal information for the purposes of conducting, promoting and administering the Promotion. All entries become the property of the Promoter. The following paragraphs 35 to 42 set out how the Promoter may use and disclose personal information of entrants.
- The Promoter may use your personal information to:
- administer your participation in the Promotion, including to notify you if you are a winner;
- process any communications you send to it (for example, responding to your queries, and dealing with any complaints or feedback you have);
- identify you and protect you from unauthorized access to your personal information; or
- get in touch with you in relation to the Promotion.
- The Promoter will not, unless consent is obtained, use or disclose your personal information to:
- send you information about its (or its business partners)’ products, promotions or competitions; or
- conduct marketing and research directly with you.
- The Promoter may disclose your personal information for purposes other than those referred to in paragraph 36 above:
- to other related entities, including overseas entities – in connection with the purposes stated in clause 36 of this section;
- to any agencies, contractors, professional advisers and other service providers it engages to carry out its activities (including call centers, advertising agencies and direct mail houses);
- in any advertisements, publications, media statements and other promotional material it produces in relation to the Promotion;
- to any entity to which it is authorized or required by law to disclose your personal information; and
- to any specific parties it has advised you of at the time it collects your personal information
- By entering the Promotion, you consent to the Promoter and its related entities using and disclosing your personal information in the way described above.
- Subject to certain exemptions, you can obtain access to, change, and/or update personal information you have provided to the Promoter by contacting email@example.com.
- By entering into the Promotion you agree that personal information provided by you may be disclosed by the Promoter to other organizations in the United States of America.
- This promotion is governed by and must be construed according to the law applying in New York and entrants submit to the jurisdiction of the courts of New York.