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Freaky Talent Competition | Assistant Stylist Competition | Soundtrack Competition | Creative Competition | Extras Competition
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Freaky Talent Competition | Assistant Stylist Competition | Soundtrack Competition | Creative Competition | Extras Competition
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN
By entering this Competition, you (the “Entrant”) agree to be bound by these terms and conditions.
DESCRIPTION: The “FREAK – Freaky Talent” (“Competition") is a video upload competition administered through the online networking community MySpace. The selected winner will have the opportunity to perform a freaky talent in an episode of the FREAK series to be broadcast on 7th September 2009 and through other distribution methods in perpetuity (the “Winner”). The five finalists will also be featured in the FREAK Loves… blog on a date between 29th June 2009 & 2nd August 2009 and on the MySpace.com website in perpetuity (the “Finalists”). The promoter of the competition is MySpace, Inc. 407 North Maple Drive, Beverly Hills, CA 90210, USA (the “Promoter”).
The Competition will flow as follows:
Competition “Submission Period”: The Competition Submission Period begins on 29th June 2009 and ends on 2nd August 2009 at 23:59 BST.
Competition Judging: Eligible Competition submissions will be judged on August 3rd 2009 according to the criteria in Section 9 of these Terms and Conditions.
On or about 3rd August 2009, the Finalists will be notified by MySpace message that they are a finalist and will be featured on the FREAK loves…blog for the user vote.
Between 3rd August 2009 & 21st August 2009, Myspace users will vote for their favorite Finalist on the official FREAK profile at HYPERLINK "http://www.myspace.com/freak" www.myspace.com/freak. The Winner shall be the entry with the most votes. The Winner will be notified on 21st August 2009 by MySpace message.
Prize Acceptance: Entry into the competition confirms acceptance to be featured in the FREAK loves… blog at any time over the course of the promotion. The Winner is to will return the acceptance email by 23rd August 2009 with the necessary documentation.
Winner Announcement: The feature in the FREAK loves… blog will serve as the Finalist and Winner announcement. The Finalists will be announced on or about 3rd August 2009. The Winner will be announced on or about 23rd August 2009.
ELIGIBITY: The Competition is open to all UK residents who have a MySpace profile. If you do not have a MySpace profile you can create one for free by going to HYPERLINK "http://www.myspace.com" www.myspace.com (the “Website”) and clicking on the “Sign Up” button. By creating a profile you agree to abide by the MySpace.com Terms of Use Agreement ( HYPERLINK "http://www.myspace.com/index.cfm?fuseaction=misc.terms" http://www.myspace.com/index.cfm?fuseaction=misc.terms) and Privacy Policy ( HYPERLINK "http://www.myspace.com/index.cfm?fuseaction=misc.privacy" http://www.myspace.com/index.cfm?fuseaction=misc.privacy). In the event of a dispute as to the identity of a winner, the winner will be deemed to be the natural person in whose name the e-mail account associated with the provided e-mail address was opened.
No employees (or their family members) of MySpace Inc., Fox Interactive Media UK Limited, FremantleMedia or any of their group companies are eligible to enter.
ENTRY:
To enter the Competition, simply add the official FREAK MySpace profile page at HYPERLINK "http://www.myspace.com/freak" www.myspace.com/freak as one of your top friends on your MySpace profile. Then following the steps outlined on the official FREAK MySpace profile at HYPERLINK "http://www.myspace.com/freak" www.myspace.com/freak, upload the video of you performing your freaky talent to be considered for the Freaky Talent Contest and tag it to the FREAK loves…profile.
Only one (1) prize per household. Entrants must provide all information requested to be eligible to win. Entry is not complete until Entrant has followed the online prompts. All entries must comply with the MySpace.com Terms of Use Agreement ( HYPERLINK "http://www.myspace.com/index.cfm?fuseaction=misc.terms" http://www.myspace.com/index.cfm?fuseaction=misc.terms).
The Finalists or Winner may be disqualified from participating in the Prize if any of the Competition Terms and Conditions or MySpace.com website Terms of Use are breached, or if any of the confirmations made in it are not correct.
SUBMISSION CRITERIA:
The Submission must meet the following restrictions:
Submissions must comply with the MySpace.com Terms of Use Agreement located at "http://www.myspace.com/index.cfm?fuseaction=misc.terms" http://www.myspace.com/index.cfm?fuseaction=misc.terms;
Submission must be entirely original to the Entrant and MUST exclude any music or lyrics unless original to the Entrant;
Submission must NOT have been previously submitted to another Competition, broadcast on a media network or submitted to any entertainment entity that would conflict with this Competition, as determined in the Promoter’s sole discretion; and
Submissions must NOT include third parties/people, who have not expressly authorized Entrant to display their image, likeness or voice in the Submission or otherwise use such image, likeness or voice in accordance with these Terms and Conditions. Entrants should be able to provide on request all appropriate clearances, permissions and releases for the Submission, failure to provide such clearances may result in the disqualification of the Submission.
Submissions that violate any of these requirements may be deemed ineligible to receive the prize and their Submission may be void. Promoter reserves the right to determine in their sole discretion which entries have satisfied the entry requirements.
SELECTION:
The Promoter will select the Finalists based on the most original and freaky talent. The users shall select their favorite Finalist during the user vote and the Finalist with the most votes shall be the Winner.
FINALIST NOTIFICATION:
The Finalists will be notified by email on 3rd August 2009. The Winner will be emailed on 21st August 2009 with any relevant acceptance documentation. The Promoter’s decision regarding each of the winners is final. No correspondence will be entered into.
PRIZE(S):
The prize(s) for each of the competitions are as follows:
The Finalists shall have their freaky talents featured on the FREAK Loves…blog.
The Winner shall receive the opportunity to perform their freaky talent in an episode of the FREAK series and for their freaky talent to be featured on the FREAK Loves… blog.
No cash alternative will be offered. Prize(s) do not include any other costs or expenses, for example travel to and from the event, food, drinks or entertainment or other expenses except where indicated.
PRIZE ACCEPTANCE:
In order to accept the prize the Winner is required to email the address within the MySpace message confirming their acceptance & with all necessary documentation as explained in the MySpace message by 23rd August 2009 at 12:00 mid-day BST. Failure to complete the necessary documentation will result in the Promoter choosing another Winner from the Finalists.
The Winner must be available to travel on the dates specified, no alternative dates will be offered. The Winner, and if under 18 years of age their chaperone, must ensure that they have valid ID and all necessary documents specified in the winner email. The Promoter accepts no responsibility for Winner who fails to ensure that they have all necessary documentation, or to be accompanied by a chaperone where under 18 years old.
Promoter is not responsible for entries lost or delayed in transmission whether by email or otherwise. Promoter is not responsible for damage or loss resulting from misdirected or incomplete entries arising from computable functions, virus, bugs or other causes outside their control.
Promoter is responsible for the first part of the promotion, which is the publication and adjudication of the competition. All other facilities connected with the provision of the prize are the responsibility of Freemantle Media.
PUBLICITY RIGHTS:
By entering the Competition the Entrant agrees that the Promoter has the right, at no cost to the Promoter, to use the Entrant’s name, biographical information (such as age, occupation, and town of residence), image, likeness and statements relating to the Prize for Prize fulfillment, advertising, publicity and marketing purposes.
REPRESENTATIONS/WARRANTIES:
By entering the Competition, the Entrant agrees the Entrant is legally entitled to accept and partake in the whole prize, and, will comply with all the applicable terms and conditions, and directions, of Promoter and all third parties who are providing any element of the prize.
The Entrant must not:
sell or offer the prize (or any part of a prize) for sale, or use the prize (or any part of a Prize) in connection with any further competition, contest, sweepstake or promotion; or
make any public statements or release any other information relating to the Prize to the media without the Promoter’s prior written approval.
LICENSE:
The Entrant shall retain all ownership rights in the Submission. However, by submitting the Submission, the Entrant grants to the Promoter a license in accordance with the MySpace.com Users Terms of Use Agreement ( HYPERLINK "http://www.myspace.com/index.cfm?fuseaction=misc.terms" http://www.myspace.com/index.cfm?fuseaction=misc.terms). However, by submitting the Submission, you hereby grant to the Promoter a universal, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, adapt, reformat, translate, and otherwise exploit and perform all or any portion of the Submission for any purpose whatsoever, including, without limitation, in connection with (i) the Promoter’s network of Internet websites, wireless applications, interactive television, video on demand and any other media or technology (including, without limitation, Internet protocol, wireless or interactive platforms or interfaces) through which the Promoter distributes content to end users, whether now existing or hereafter developed (the “Promoter Platform”), in any and all media formats and through any and all media distribution and advertising and promotional purposes, without accounting, notification, credit or other obligation to you.
WAIVER:
By entering this Competition, to the maximum extent permitted by law, you waive all rights, release, hold harmless and discharge the Promoter, any parties connected to the Promoter or any persons or entities acting on such parties’ behalf from all liabilities in connection with your voluntary participation in the Prize. Each Entrant acknowledges and agrees that the Promoter does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission.
RIGHTS OF PROMOTER:
In the event that any Entrant is disqualified or withdrawn from the Competition for any reason, including without limitation, the Entrant’s failure to return acceptance documentation sent to the winner by the Promoter, Promoter in their sole discretion may decide whether a replacement Entrant should be selected. If an alternative Entrant is selected, any further Entrant shall be subject to the same criteria as the original Entrant and will be subject to these Competition Terms and Conditions.
Promoter reserves the right to cancel or amend the terms and conditions of this Competition at any time without prior notice. Any changes will be posted within the terms and conditions on the competition page.
Promoter is not responsible for the content or practices of third party websites that may be linked to the Website.
Promoter shall have the right and sole discretion to edit, refuse to air or transmit any Submission whatsoever it finds to be in violation of the MySpace.com Terms of Use Agreement, does not comply with all of the Promoter’s requirements, or which it finds in its sole discretion to be otherwise objectionable for any reason.
The Promoter makes no warranties, express or implied, as to the content or accuracy or reliability of any information or statements contained in the Submission. All statements and opinions made by Entrants are those of such Entrants only, and Promoter neither endorses nor shall be held responsible for any reliability or accuracy of the same.
PRIVACY POLICY:
Any personal information supplied by you to MySpace will be subject to MySpace’s privacy policy posted at "http://www.myspace.com/index.cfm?fuseaction=misc.privacy" . MySpace will not sell, rent, transfer or otherwise disclose your personal data to any third party other than as described above herein.
WINNERS/OFFICIAL RULES:
To obtain a copy of the Winner’s List or a copy of these Terms and Conditions, send your request along with a stamped, self-addressed envelope to “Contest Name” Winners/Rules, Fox Interactive Media UK Limited, 55 New Oxford Street, London, WC1 A 1BS.
VALIDITY: If any of the provisions of these Terms and Conditions are judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions will not be affected.
GOVERNING LAW & JURISDICTION:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or rights and obligations of contestants in connection to the Competition, shall be governed by and construed in accordance with the laws of the State of California.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN
By entering this Competition, you (the “Entrant”) agree to be bound by these terms and conditions.
DESCRIPTION:
The “FREAK – Assistant Stylist Competition” (“Competition") is a stylist competition administered through the online networking community MySpace. The winning entries will appear FREAK Loves… blog on the official FREAK MySpace profile at "http://www.myspace.com/freak" www.myspace.com/freak between 29th June 2009 & 10th September 2009 & in perpetuity on the MySpace.com website (“Blog Winners”). At least one winner will win the opportunity to assist the official FREAK stylist to style the cast for selected scenes in one of the webisodes during the FREAK series to be screened on the Myspace.com website on a date between 29th June 2009 & 28th August 2009 and through other distribution methods in perpetuity (“Movie Winner”). The promoter of the competition is MySpace, Inc. 407 North Maple Drive, Beverly Hills, CA 90210, USA (the “Promoter”).
The Competition will flow as follows:
Competition “Submission Period”: The Competition Submission Period begins on 29th June 2009 and ends on 28th August 2009 at 23:59 BST.
Competition Judging: Eligible Competition submissions will be judged over the course of the submissions period according to the criteria in Section 9 of these Terms and Conditions.
Winner Notification: The Blog Winners to appear in the FREAK loves… blog and will be notified by MySpace message over the course of the promotion at least 2 days before they are featured on the FREAK loves…blog. On or about 29th August 2009, the Movie Winner will be contacted via MySpace message to confirm eligibility and obtain releases.
Prize Acceptance: Entry into the competition confirms acceptance to be featured in the FREAK loves… blog at any time over the course of the promotion and on the MySpace.com website in perpetuity. The Movie Winner will return the acceptance email and necessary documentation by 31st August 2009 at 12:00 mid-day BST.
Winner Announcement: The feature in the FREAK loves… blog will serve as the Blog Winner announcement for that part of the competition. The Movie Winner will be announced upon reception of the acceptance email from the proposed Movie Winner via the FREAK loves… blog.
ELIGIBITY:
The Competition is open to all UK residents who have a MySpace profile. If you do not have a MySpace profile you can create one for free by going to HYPERLINK "http://www.myspace.com" www.myspace.com (the “Website”) and clicking on the “Sign Up” button. By creating a profile you agree to abide by the MySpace.com Terms of Use Agreement ( HYPERLINK "http://www.myspace.com/index.cfm?fuseaction=misc.terms" http://www.myspace.com/index.cfm?fuseaction=misc.terms) and Privacy Policy ( HYPERLINK "http://www.myspace.com/index.cfm?fuseaction=misc.privacy" http://www.myspace.com/index.cfm?fuseaction=misc.privacy). In the event of a dispute as to the identity of a winner, the winner will be deemed to be the natural person in whose name the e-mail account associated with the provided e-mail address was opened.
No employees (or their family members) of MySpace Inc., Fox Interactive Media UK Limited, FremantleMedia or any of their group companies are eligible to enter.
ENTRY:
To enter the Competition, simply add the official FREAK MySpace profile page at HYPERLINK "http://www.myspace.com/freak" www.myspace.com/freak as one of your top friends on your MySpace profile. Then post photos in response to the “Stylist” blog on the official FREAK MySpace profile HYPERLINK "http://www.myspace.com/freak" www.myspace.com/freak to show how you would style the cast/showing your own style.
Only one (1) prize per household. Entrants must provide all information requested to be eligible to win. Entry is not complete until Entrant has followed the online prompts. All entries must comply with the MySpace.com Terms of Use Agreement "http://www.myspace.com/index.cfm?fuseaction=misc.terms".
The Blog Winners or Movie Winners may be disqualified from participating in the Prize if any of the Competition Terms and Conditions or MySpace.com Terms of Use are breached, or if any of the confirmations made in it are not correct.
SUBMISSION CRITERIA:
The Submission must meet the following restrictions:
Submissions must comply with the MySpace.com Terms of Use Agreement located at "http://www.myspace.com/index.cfm?fuseaction=misc.terms"
Submission must be entirely original to the Entrant;
The Entrant must have obtained the authorization of the model in the photograph to use their image and likeness on the MySpace.com website;
Submission must NOT have been previously submitted to another Competition, broadcast on a media network or submitted to any entertainment entity that would conflict with this Competition, as determined in the Promoter’s sole discretion; and
Submissions must NOT include third parties/people, who have not expressly authorized Entrant to display their image, likeness or voice in the Submission or otherwise use such image, likeness or voice in accordance with these Terms and Conditions. Entrants should be able to provide on request all appropriate clearances, permissions and releases for the Submission, failure to provide such clearances may result in the disqualification of the Submission.
Submissions that violate any of these requirements may be deemed ineligible to receive the prize and their Submission may be void. Promoter reserves the right to determine in their sole discretion which entries have satisfied the entry requirements.
SELECTION:
The Promoter will select the Movie Winner and Blog Winners in accordance with the Stylist Blog requirements.
FINALIST NOTIFICATION:
The Movie Winner will be sent a MySpace message on or about 29th August 2009with any relevant acceptance documentation. The Movie Winner must email the address within the MySpace message including the documentation to confirm acceptance of the prize by 31st August 2009. The Blog Winners will be sent a MySpace message 2 days prior to the winning entry being featured on the FREAK loves… blog. The Promoter’s decision regarding each of the Blog Winners and Movie Winner is final. No correspondence will be entered into.
PRIZE(S):
The prize(s) for each of the competitions are as follows:
Blog Winners will be featured on the FREAK loves…blog during the Submission Period and in perpetuity of the MySpace.com website.
The Movie Winner will assist the official FREAK stylist to style the cast for selected scenes during the FREAK series.
No cash alternative will be offered. Prize(s) do not include any other costs or expenses, for example travel to and from the event, food, drinks or entertainment or other expenses except where indicated.
PRIZE ACCEPTANCE:
The Movie Winner is required to email the address and required documentation within the MySpace message to confirm acceptance of the prize by 31 August 2009 at 12:00 mid-day BST in order to accept the Prize. Failure to complete the necessary documentation will result in the Promoter choosing another Movie Winner.
The Movie Winner must be available to travel on the dates specified, no alternative dates will be offered. The Movie Winner, and if under 18 years of age their chaperone, must ensure that they have valid ID and all necessary documents specified in the Movie Winner email. The Promoter accepts no responsibility for Movie Winner who fails to ensure that they have all necessary documentation and a chaperone where required.
Promoter is not responsible for entries lost or delayed in transmission whether by email or otherwise. Promoter is not responsible for damage or loss resulting from misdirected or incomplete entries arising from computable functions, virus, bugs or other causes outside their control.
Promoter is responsible for the first part of the promotion, which is the publication and adjudication of the competition. All other facilities connected with the provision of the prize are the responsibility of Freemantle Media.
PUBLICITY RIGHTS:
By entering the Competition the Entrant agrees that the Promoter has the right, at no cost to the Promoter, to use the Entrant’s name, biographical information (such as age, occupation, and town of residence), image, likeness and statements relating to the Prize for Prize fulfillment, advertising, publicity and marketing purposes.
REPRESENTATIONS/WARRANTIES:
By entering the Competition, the Entrant agrees the Entrant is legally entitled to accept and partake in the whole prize, and, will comply with all the applicable terms and conditions, and directions, of Promoter and all third parties who are providing any element of the prize.
The Entrant must not:
sell or offer the prize (or any part of a prize) for sale, or use the prize (or any part of a Prize) in connection with any further competition, contest, sweepstake or promotion; or
make any public statements or release any other information relating to the Prize to the media without the Promoter’s prior written approval.
LICENSE:
The Entrant shall retain all ownership rights in the Submission. However, by submitting the Submission, the Entrant grants to the Promoter a license in accordance with the MySpace.com Users Terms of Use Agreement http://www.myspace.com/index.cfm?fuseaction=misc.terms and by submitting the Submission, you hereby grant to the Promoter a universal, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, adapt, reformat, translate, and otherwise exploit and perform all or any portion of the Submission for any purpose whatsoever, including, without limitation, in connection with (i) the Promoter’s network of Internet websites, wireless applications, interactive television, video on demand and any other media or technology (including, without limitation, Internet protocol, wireless or interactive platforms or interfaces) through which the Promoter distributes content to end users, whether now existing or hereafter developed (the “Promoter Platform”), in any and all media formats and through any and all media distribution and advertising and promotional purposes, without accounting, notification, credit or other obligation to you.
WAIVER:
By entering this Competition, to the maximum extent permitted by law, you waive all rights, release, hold harmless and discharge the Promoter, any parties connected to the Promoter or any persons or entities acting on such parties’ behalf from all liabilities in connection with your voluntary participation in the Prize. Each Entrant acknowledges and agrees that the Promoter does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission.
RIGHTS OF PROMOTER:
In the event that any Entrant is disqualified or withdrawn from the Competition for any reason, including without limitation, the Entrant’s failure to return acceptance documentation sent to the winner by the Promoter, Promoter in its sole discretion may decide whether a replacement Entrant should be selected. If an alternative Entrant is selected, any further Entrant shall be subject to the same criteria as the original Entrant and will be subject to these Competition Terms and Conditions.
Promoter reserves the right to cancel or amend the terms and conditions of this Competition at any time without prior notice. Any changes will be posted within the terms and conditions on the relevant competition page.
Promoter is not responsible for the content or practices of third party websites that may be linked to the Website.
Promoter shall have the right and sole discretion to edit, refuse to air or transmit any Submission whatsoever it finds to be in violation of the MySpace.com Terms of Use Agreement, does not comply with all of the Promoter’s requirements, or which it finds in its sole discretion to be otherwise objectionable for any reason.
The Promoter makes no warranties, express or implied, as to the content or accuracy or reliability of any information or statements contained in the Submission. All statements and opinions made by Entrants are those of such Entrants only, and Promoter neither endorses nor shall be held responsible for any reliability or accuracy of the same.
PRIVACY POLICY:
Any personal information supplied by you to MySpace will be subject to MySpace’s privacy policy posted at HYPERLINK "http://www.myspace.com/index.cfm?fuseaction=misc.privacy" http://www.myspace.com/index.cfm?fuseaction=misc.privacy. MySpace will not sell, rent, transfer or otherwise disclose your personal data to any third party other than as described above herein.
WINNERS/OFFICIAL RULES:
To obtain a copy of the Winner’s List or a copy of these Terms and Conditions, send your request along with a stamped, self-addressed envelope to “Contest Name” Winners/Rules, Fox Interactive Media UK Limited, 55 New Oxford Street, London, WC1 A 1BS.
VALIDITY:
If any of the provisions of these Terms and Conditions are judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions will not be affected.
GOVERNING LAW & JURISDICTION:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or rights and obligations of contestants in connection to the Competition, shall be governed by and construed in accordance with the laws of the State of California.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN
By entering this Competition, you (the “Entrant”) agree to be bound by these terms and conditions.
DESCRIPTION: The “FREAK – Soundtrack Competition” (“Competition") is a MP3 Upload competition administered through the online networking community MySpace. The selected track(s) will be featured in the FREAK Loves… blog & noted in playlisting on the official FREAK MySpace profile at HYPERLINK "http://www.myspace.com/freak" www.myspace.com/freak between 29th June 2009 & 10th September 2009 (the “Playlist Winners”). Of those selected tracks, at least one will be featured in the FREAK soundtrack on a date between 10th July 2009 & 10th September 2009 and through other distribution methods in perpetuity (the “Soundtrack Winners”). The promoter of the competition is MySpace, Inc. 407 North Maple Drive, Beverly Hills, CA 90210, USA (the “Promoter”).
The Competition will flow as follows:
Competition “Submission Period”: The Competition Submission Period begins on 29th June 2009 and ends on 3rd September 2009 at 23:59 BST.
Competition Judging: Eligible Competition submissions will be judged over the course of the submissions period according to the criteria in Section 9 of these Terms and Conditions.
Winner Notification: The Playlist Winners to appear in the FREAK loves… blog will be notified over the course of the promotion at least 2 days before they are featured. Throughout the Competition Submission Period the Soundtrack Winners will be contacted to confirm eligibility and obtain releases at least 2 days prior to incorporating the track into the series.
Prize Acceptance: Entry into the competition confirms acceptance to be featured in the FREAK loves… blog at any time over the course of the promotion. The Soundtrack Winners will return the acceptance email and required documentation by 12.00 mid-day BST on the date specified in the notification message.
Winner Announcement: The feature in the FREAK loves… blog will serve as the winner announcement for that part of the competition. The Soundtrack Winners will be announced on or about 9 September 2009.
ELIGIBITY:
The Competition is open to all UK residents who have a MySpace profile and are over the age of 18 years. If you do not have a MySpace profile you can create one for free by going to HYPERLINK "http://www.myspace.com" www.myspace.com (the “Website”) and clicking on the “Sign Up” button. By creating a profile you agree to abide by the MySpace.com Terms of Use Agreement http://www.myspace.com/index.cfm?fuseaction=misc.terms and Privacy Policy http://www.myspace.com/index.cfm?fuseaction=misc.privacy). In the event of a dispute as to the identity of a winner, the winner will be deemed to be the natural person in whose name the e-mail account associated with the provided e-mail address was opened.
No employees (or their family members) of MySpace Inc., Fox Interactive Media UK Limited, FremantleMedia or any of their group companies are eligible to enter.
ENTRY:
To enter the Competition, simply add the official FREAK MySpace profile page at HYPERLINK "http://www.myspace.com/freak" www.myspace.com/freak as one of your top friends on your MySpace profile. Then upload the MP3 track that you want to be considered for the FREAK soundtrack. The production team might ask for other versions of the track.
Only one (1) prize per household. Entrants must provide all information requested to be eligible to win. Entry is not complete until Entrant has followed the online prompts. All entries must comply with the MySpace.com Terms of Use Agreement http://www.myspace.com/index.cfm?fuseaction=misc.terms.
The Playlist Winners or Soundtrack Winners may be disqualified from participating in the Prize if any of the Competition Terms and Conditions or MySpace.com Terms of Use are breached, or if any of the confirmations made in it are not correct.
SUBMISSION CRITERIA:
The Submission must meet the following restrictions:
Submissions must comply with MySpace.com Terms of Use Agreement located at http://www.myspace.com/index.cfm?fuseaction=misc.terms;
The Entrant must be an unsigned band or artist to either a label, publisher or PRS;
Submissions must be entirely original to the Entrant without the use of sampling from another song or lyric;
Submissions must NOT have been previously submitted to another Competition, broadcast on a media network or submitted to any entertainment entity that would conflict with this Competition, as determined in the Promoter’s sole discretion; and
Submissions must NOT include third parties/people, who have not expressly authorized Entrant to display their image, likeness or voice in the Submission or otherwise use such image, likeness or voice in accordance with these Terms and Conditions. Entrants should have the right to enter the Competition and to enter into this Competition and grant the rights on behalf of the composer and all artists featured in or on the Submission. The Entrant should be able to provide on request all appropriate clearances, permissions and releases for the Submission, failure to provide such clearances may result in the disqualification of the Submission.
Submissions that violate any of these requirements may be deemed ineligible to receive the prize and their Submission may be void. Promoter reserves the right to determine in their sole discretion which entries have satisfied the entry requirements.
SELECTION:
The Promoter will select the Playlist Winners and Soundtrack Winners by whether the sound recording meets a relevant section of the series for use as part of the series sound track. The Promoter’s decision regarding each of the winners is final. No correspondence will be entered into.
FINALIST NOTIFICATION:
The Soundtrack Winners will be sent a MySpace message at any time during the Competition Submission Period with approximately 2 days notice to accept the Prize with the relevant acceptance documentation, including the Master and Sync Release Form at Annex A.
PRIZE(S):
The prize(s) for each of the competitions are as follows:
The Playlist Winners shall have their submitted track featured on the FREAK Loves… blog.
The Soundtrack Winners shall have their submitted track used either in full or part at the appropriate moment during the Freak series and shall have the track featured on the FREAK Loves…blog on the MySpace website.
No cash alternative will be offered. Prize(s) do not include any other costs or expenses, for example travel to and from the event, food, drinks or entertainment or other expenses except where indicated.
PRIZE ACCEPTANCE:
The Soundtrack Winners are required to return the emailed documentation to MySpace by 12.00 mid-day BST on the date specified in the notification MySpace message in order to accept the Prize. Failure to complete the necessary documentation and Master and Sync Agreement at Annex A will result in the Promoter choosing another Soundtrack Winner. The Playlist Winners shall reply to the MySpace message within 2 days for their track to be featured.
Promoter is not responsible for entries lost or delayed in transmission whether by email or otherwise. Promoter is not responsible for damage or loss resulting from misdirected or incomplete entries arising from computable functions, virus, bugs or other causes outside their control.
Promoter is responsible for the first part of the promotion, which is the publication and adjudication of the competition. All other facilities connected with the provision of the prize are the responsibility of Freemantle Media.
PUBLICITY RIGHTS:
By entering the Competition the Entrant agrees that the Promoter has the right, at no cost to the Promoter, to use the Entrant’s name, biographical information (such as age, occupation, and town of residence), image, likeness and statements relating to the Prize for Prize fulfillment, advertising, publicity and marketing purposes.
REPRESENTATIONS/WARRANTIES:
By entering the Competition, the Entrant agrees the Entrant is legally entitled to accept and partake in the whole prize, and, will comply with all the applicable terms and conditions, and directions, of Promoter and all third parties who are providing any element of the prize.
The Entrant must not:
sell or offer the prize (or any part of a prize) for sale, or use the prize (or any part of a Prize) in connection with any further competition, contest, sweepstake or promotion; or
make any public statements or release any other information relating to the Prize to the media without the Promoter’s prior written approval.
LICENSE:
The Entrant shall retain all ownership rights in the Submission. However, by submitting the Submission, the Entrant grants to the Promoter a license in accordance with the MySpace.com Users Terms of Use Agreement ( HYPERLINK "http://www.myspace.com/index.cfm?fuseaction=misc.terms" http://www.myspace.com/index.cfm?fuseaction=misc.terms) and by submitting the Submission, you hereby grant to the Promoter a universal, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, adapt, reformat, translate, and otherwise exploit and perform all or any portion of the Submission for any purpose whatsoever, including, without limitation, in connection with (i) the Promoter’s network of Internet websites, wireless applications, interactive television, video on demand and any other media or technology (including, without limitation, Internet protocol, wireless or interactive platforms or interfaces) through which the Promoter distributes content to end users, whether now existing or hereafter developed (the “Promoter Platform”), in any and all media formats and through any and all media distribution and advertising and promotional purposes, without accounting, notification, credit or other obligation to you.
WAIVER:
By entering this Competition, to the maximum extent permitted by law, you waive all rights, release, hold harmless and discharge the Promoter, any parties connected to the Promoter or any persons or entities acting on such parties’ behalf from all liabilities in connection with your voluntary participation in the Prize. Each Entrant acknowledges and agrees that the Promoters do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission.
RIGHTS OF PROMOTER:
In the event that any Entrant is disqualified or withdrawn from the Competition for any reason, including without limitation, the Entrant’s failure to return acceptance documentation sent to the winner by the Promoter, Promoter in their sole discretion may decide whether a replacement Entrant should be selected. If an alternative Entrant is selected, any further Entrant shall be subject to the same criteria as the original Entrant and will be subject to these Competition Terms and Conditions.
Promoter reserves the right to cancel or amend the terms and conditions of this Competition at any time without prior notice. Any changes will be posted within the terms and conditions on the relevant competition page.
Promoter is not responsible for the content or practices of third party websites that may be linked to the Website.
Promoter shall have the right and sole discretion to edit, refuse to air or transmit any Submission whatsoever it finds to be in violation of the MySpace.com Terms of Use Agreement, does not comply with all the Promoter requirements, or which it finds in its sole discretion to be otherwise objectionable for any reason.
The Promoter makes no warranties, express or implied, as to the content or accuracy or reliability of any information or statements contained in the Submission. All statements and opinions made by Entrants are those of such Entrants only, and Promoter neither endorses nor shall be held responsible for any reliability or accuracy of the same.
PRIVACY POLICY:
Any personal information supplied by you to MySpace will be subject to MySpace’s privacy policy posted at http://www.myspace.com/index.cfm?fuseaction=misc.privacy. MySpace will not sell, rent, transfer or otherwise disclose your personal data to any third party other than as described above herein.
WINNERS/OFFICIAL RULES:
To obtain a copy of the Winner’s List or a copy of these Terms and Conditions, send your request along with a stamped, self-addressed envelope to “Contest Name” Winners/Rules, Fox Interactive Media UK Limited, 55 New Oxford Street, London, WC1 A 1BS.
VALIDITY:
If any of the provisions of these Terms and Conditions are judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions will not be affected.
GOVERNING LAW & JURISDICTION: All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or rights and obligations of contestants in connection to the Competition, shall be governed by and construed in accordance with the laws of the State of California.
ANNEX A
SYNC & MASTER RELEASE FORM
FROM: FremantleMedia Ltd, 1 Stephen Street, London W1T 1AL
TO: _____________________________________________________________________
DATE:
"FREAK"
We write to confirm the agreement between you (the “Owner”) and us (the “Company”) whereby in consideration of the Benefits provided, the Owner has agreed to grant the Company the right to use the Music and the Recording in the Programme on the following terms and conditions:
Key Terms
1.
Programme:
the interactive online programme or series of interactive online programmes and further additional and related online material with the provisional title “FREAK” which we intend but do not undertake to produce.
2.
Music/ Recording:
the pre-existing musical work entitled FORMTEXT [Name of Music] by the Composer and the pre-existing recording of the musical work by the Artiste;
3.
Composer(s):
FORMTEXT [Insert Composer(s) Name];
4.
Publisher: (if applicable)
5.
PRS Membership No. (if applicable)
6.
Artiste(s):
FORMTEXT [Insert Artiste(s) Name];
7.
Record Label / Rights Holder (if different from Artiste(s):
8.
Catalogue Number (if applicable)
9.
Rights:
non-exclusive right to synchronise and reproduce the Music and the Recording in the Programme and exploit the Rights (as defined in the General Terms and Conditions) in the Programme in the Territory during the Term;
10.
Term:
Full period of copyright including any extensions thereto or renewals thereof;
11.
Territory:
World;
12.
Benefits
- Credits for the Artiste(s) and Composer(s) on the FREAK Programme and webpage;
- Links to Artist’s MySpace page from the FREAK webpage
The General Terms & Conditions appended to this letter shall be deemed part of this Agreement. To the extent that they are inconsistent with these Key Terms, the latter shall apply.
Please confirm your acceptance of the above by signing and returning both copies of this Agreement. On receipt, we shall arrange for countersignature and the return of a copy for your records.
Yours sincerely Agreed and accepted
……………………………………….. ……………………………………
For and on behalf of For and on behalf of
FORMDROPDOWN [INSERT NAME OF OWNER]
GENERAL TERMS & CONDITIONS
1 AGREEMENT
This agreement shall comprise the Key Terms and the General Terms and Conditions (the “Agreement”).
2 GRANT OF RIGHTS
In consideration of the Benefits, the Owner hereby irrevocably grants to the Company the non-exclusive right and licence to synchronise and reproduce the music named in the Key Terms composed by the Composer(s) (the “Music”) and sound recording thereof recorded by the Artiste(s) (the “Recording”) used in the Programme (together hereinafter referred to as (the "Work”), and/or any portion(s) of the Work in timed-relation to the Programme and any part thereof and extracts therefrom and any trailers, advertising, promotional samplers, featurettes and other promotional or advertising materials for the Programme, and to reproduce, exhibit, perform, sell and otherwise distribute and exploit the Programme incorporating the Work in any and all media and by any and all means, (whether now known or hereafter developed) throughout the Territory during the Term (the "Licensed Use"). The rights granted to the Company by this Agreement (the "Rights") shall, without limiting the generality of the foregoing, include, but not be limited to:
2.1 the right to broadcast, transmit, exhibit, perform use or otherwise exploit the Programme incorporating the Work by means of all forms of television and any interactive, on-line, telephony or new media application now known or hereafter devised;
2.2 the right to exhibit, perform, use or otherwise exploit the Programme incorporating the Work for educational and any and all non-theatrical purposes;
2.3 the right to cause or authorise the fixing of the Work in, and as part of, the Programme, on audio-visual devices including, but not limited to, videocassettes, DVDs, videodiscs and other devices in any and all formats intended primarily for home use and to exploit the same by sale, hire, lease or licensing;
2.4 any and all consents in respect of any performance incorporated in the Recording that may be necessary under the Copyright Designs and Patents Act 1988 (and any amendment or re-enactment thereof) and under any other performer’s protection legislation throughout the Territory to enable the Company to make the fullest use of any such performance and the Recording in connection with the Licensed Use; and
2.5 the right to use the Owner’s name and the names (including all professional names), likenesses, and biographical material of the Composer(s) and/ or Artiste(s) as well as the titles of the Work in connection with the Licensed Use.
3 THE OWNER’S WARRANTIES
3.1 The Owner hereby agrees, represents and warrants that:
3.1.1 neither the Work nor anything contained in the Work nor any exercise by the Company of the Rights granted hereunder shall violate or infringe the rights of any person or entity, nor contain any defamatory, obscene or otherwise inappropriate or offensive material;
3.1.2 it owns and controls the entire copyright (and any and all similar or ancillary rights) in and to the Work throughout the universe;
3.1.3 it has the exclusive and sole right to enter into this Agreement and grant the rights granted herein and /or has the irrevocable authority and permission of the Composer(s) and Artiste(s) to enter into this Agreement and grant the rights granted herein;
3.1.4 the Composer(s) is/are the sole songwriter(s), composer(s), author(s) and arranger(s), and the Artiste(s) are the sole performers of the Work and that the Work contains no unauthorised samples;
3.1.5 there is no suit, claim or other legal or administrative proceeding involving the Owner and/or relating to the Work now pending or threatened nor any basis therefor;
3.1.6 the Composer(s) and the Artiste(s) have not at any time asserted any so called “moral rights” in or to the Work;
3.1.7 except as expressly set forth herein, the Company shall not be required to make any payment to any person or entity in connection with any use of the Works hereunder; and
3.1.8 the Benefits provided to the Owner shall represent full and final consideration for the grant and exploitation of all Rights hereby granted and the Company shall not be liable to make any further additional payments to the Owner. Future exploitation of the Programme may generate broadcast and other royalties for the Work that the Owner /Composer(s) / Artiste(s) may be entitled to claim, subject to the Owner / Composer(s) / Artiste(s) applying for and being accepted for membership of the appropriate collection societies (including the PRS (Performing Rights Society), the MCPS (Mechanical Copyright Protection Society) and PPL (Phonographic Performance Ltd).
3.2 The Owner shall indemnify and hold the Company harmless from any and all liability, claims, damages, losses, costs (including legal fees) and expenses incurred by the Company arising out of any breach by the Owner of its warranties, undertakings and obligations set out in this Agreement.
4. THE COMPANY’S WARRANTIES
The Company hereby warrants, agrees, and acknowledges that:
4.1 it may not orchestrate change alter or adapt the Work other than by reducing its length in order to render it suitable for the Licensed Use;
4.1.2 it shall not use or exploit the Work otherwise than as expressly authorised pursuant to this Agreement and without limiting the foregoing the Company shall not manufacture sell use or otherwise exploit any sound recording produced pursuant to this Agreement independently or separately from the Licensed Use.
4.2 The Company hereby agrees to indemnify and hold the Owner harmless from and against all liability, losses damages, claims, costs (including legal fees) and expenses incurred by the Owner, arising out of any breach by the Company of its warranties, undertakings and/or obligations set out in this Agreement and/or the Company’s exercise of the Rights.
5. FURTHER TERMS
5.1 This Agreement grants no right to the Company to use the Work in any manner which implies or suggests that the Composer(s) or Artiste(s) endorse or approve any products or services whatsoever.
5.2 The Rights automatically revert to the Owner upon the expiration or earlier determination of the Term and all rights not expressly granted to us hereunder are expressly reserved by the Owner.
5.3 The Company gives no guarantee that the production of the Programme will proceed to completion and the Company is not obliged to include the Music or the Recording in the Programme.
5.4 In the event of any breach of this Agreement by the Company, the Owner’s remedy shall be an action at law for damages, if any actually suffered, and the Owner shall not have the right to rescind this Agreement or terminate the Rights granted in this Agreement or to enjoin or injunct the Programme or the exploitation of the Programme or any allied and ancillary rights in the Programme.
5.5 Nothing contained in this Agreement shall be deemed to constitute or create a partnership or joint venture between the parties and neither party shall hold itself out as the agent of the other.
5.6 No waiver by the parties of any failure by them to perform any covenant or condition of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of any covenant or condition of this Agreement.
5.7 If any clause or any part of this Agreement or its application to any party shall for any reason be adjudged by a court or other legal authority of competent jurisdiction to be invalid, this judgment shall not affect the remainder of this Agreement, the terms of which shall remain in full force and effect.
5.8 This Agreement represents the entire agreement between the parties and replaces any previous agreements relating to the subject matter. This Agreement cannot be cancelled, modified, amended or waived, in whole or in part, in any way except in writing signed by both parties to this Agreement.
5.9 The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and no term or condition of this Agreement shall confer or the construed as conferring any right on any third party.
6. NOTICES
6.1 All notices to be given hereunder shall be addressed to the party to whom notice is to be given at the address set out in the Key Terms or at such other address as either party shall designate by written notice to the other.
6.2 All notices shall be in writing and shall either be rendered by hand or by pre-paid post (to the Company marked for the attention of the Legal & Business Affairs Department, FMX Division, FremantleMedia Ltd). Such notices shall be deemed given when delivered or within 48 hours of posting.
7. ASSIGNMENT
The Company shall be entitled to assign this Agreement to any third party.
8. GOVERNING LAW
This Agreement shall be governed by and construed under the laws of England and Wales and the parties hereby agree to submit to the exclusive jurisdiction of the courts of England and Wales.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN
By entering this Competition, you (the “Entrant”) agree to be bound by these terms and conditions.
DESCRIPTION: The “FREAK – Creative Competition” (“Competition") is a competition for creative works, such as art, graphic design, poetry, photographs or sculpture, administered through the online networking community MySpace. The winning entries will appear FREAK Loves… blog on the official FREAK MySpace profile at HYPERLINK "http://www.myspace.com/freak" www.myspace.com/freak between 29th June 2009 & 9th September 2009 & in perpetuity on the MySpace.com website (the “Blog Winners”). At least one winning entry will be featured in the FREAK series to be screened on the MySpace.com website on a date between 10th July 2009 & 9th September 2009 and through other distribution methods in perpetuity (the “Movie Winner”). The promoter of the competition is MySpace, Inc. 407 North Maple Drive, Beverly Hills, CA 90210, USA (the “Promoter”).
The Competition will flow as follows:
Competition “Submission Period”: The Competition Submission Period begins on 29th June 2009 and ends on 9th September 2009 at 23:59 (“BST”).
Competition Judging: Eligible Competition submissions will be judged over the course of the submissions period according to the criteria in Section 9 of these Terms and Conditions.
Winner Notification: The Blog Winners to appear in the FREAK loves… blog will be notified by MySpace message over the course of the promotion at least 2 days before they are featured. On or about 10th September 2009 the Movie Winner will be contacted via MySpace message to confirm acceptance and return the necessary documentation.
Prize Acceptance: Entry into the competition confirms acceptance to be featured in the FREAK loves… blog at any time over the course of the promotion and on the MySpace.com website in perpetuity. The Movie Winner will return the acceptance email by 13th September 2009 at 12:00 mid-day BST.
Winner Announcement: The feature in the FREAK loves… blog will serve as the Blog Winner announcement. The Movie Winner will be announced upon reception of the acceptance email by the Movie Winner via the FREAK loves… blog.
ELIGIBITY:
The Competition is open to all UK residents who have a MySpace profile. If you do not have a MySpace profile you can create one for free by going to HYPERLINK "http://www.myspace.com" www.myspace.com (the “Website”) and clicking on the “Sign Up” button. By creating a profile you agree to abide by the MySpace.com Terms of Use Agreement http://www.myspace.com/index.cfm?fuseaction=misc.terms and Privacy Policy http://www.myspace.com/index.cfm?fuseaction=misc.privacy. In the event of a dispute as to the identity of a winner, the winner will be deemed to be the natural person in whose name the e-mail account associated with the provided e-mail address was opened.
No employees (or their family members) of MySpace Inc., Fox Interactive Media UK Limited, FremantleMedia or any of their group companies are eligible to enter.
ENTRY:
To enter the Competition, simply add the official FREAK MySpace profile page at HYPERLINK "http://www.myspace.com/freak" www.myspace.com/freak as one of your top friends on your MySpace profile. Then showcase your creativity by posting your entry (photos, poems, artwork, etc) or photograph of the entry where necessary as per the instructions in the relevant blog on the official FREAK MySpace profile at HYPERLINK "http://www.myspace.com/freak" www.myspace.com/freak.
Only one (1) prize per household. Entrants must provide all information requested to be eligible to win. Entry is not complete until Entrant has followed the online prompts. All entries must comply with the MySpace.com Terms of Use Agreement http://www.myspace.com/index.cfm?fuseaction=misc.terms.
The Blog Winners or Movie Winner may be disqualified from participating in the Prize if any of the Competition Terms and Conditions or the MySpace.com website Terms of Use are breached, or if any of the confirmations made in it are not correct.
SUBMISSION CRITERIA:
The Submission must meet the following restrictions:
Submissions must comply with the MySpace.com Terms of Use Agreement located at http://www.myspace.com/index.cfm?fuseaction=misc.terms; and
Submission must be entirely original to the Entrant and not use any other persons creation within the creative work submitted, i.e. derivative work;
Submission must NOT have been previously submitted to another Competition, broadcast on a media network or submitted to any entertainment entity that would conflict with this Competition, as determined in the Promoter’s sole discretion; and
Submissions must NOT include third parties/people, who have not expressly authorized Entrant to display their image, likeness or voice in the Submission or otherwise use such image, likeness or voice in accordance with these Terms and Conditions. Entrants should be able to provide on request all appropriate clearances, permissions and releases for the Submission, failure to provide such clearances may result in the disqualification of the Submission.
Submissions that violate any of these requirements may be deemed ineligible to receive the prize and their Submission may be void. Promoter reserves the right to determine in their sole discretion which entries have satisfied the entry requirements.
SELECTION:
The Promoter will select the Movie Winner and Blog Winners in accordance with the FREAK loves…blog.
FINALIST NOTIFICATION:
The Movie Winner will be sent a MySpace message on or about 10th September 2009 with any relevant acceptance documentation. The Movie Winner must email the address within the MySpace message to confirm acceptance of the prize by 13th September 2009 including any acceptance documentation.
The Blog Winners will be sent a MySpace Message 2 days before they are to be featured. The Promoter’s decision regarding each of the Blog Winners and Movie Winner is final. No correspondence will be entered into.
PRIZE(S):
The prize(s) for each of the competitions are as follows:
The Movie Winner will receive the opportunity to have their submitted work appear in a websiode of the Series and featured on the FREAK loves…blog.
The Blog Winners shall have their submitted work featured on the FREAK loves…blog.
No cash alternative will be offered. Prize(s) do not include any other costs or expenses, for example travel to and from the event, food, drinks or entertainment or other expenses except where indicated.
PRIZE ACCEPTANCE:
In order to accept the prize the Movie Winner is required to email the address within the MySpace message confirming their acceptance & with all necessary documentation as explained in the MySpace message by 13th September 2009 at 12:00 mid-day BST. Failure to complete the necessary documentation will result in the Promoter choosing another Movie Winner.
Promoter is not responsible for entries lost or delayed in transmission whether by email or otherwise. Promoter is not responsible for damage or loss resulting from misdirected or incomplete entries arising from computable functions, virus, bugs or other causes outside their control.
Promoter is responsible for the first part of the promotion, which is the publication and adjudication of the competition. All other facilities connected with the provision of the prize are the responsibility of Freemantle Media.
PUBLICITY RIGHTS:
By entering the Competition the Entrant agrees that the Promoter has the right, at no cost to the Promoter, to use the Entrant’s name, biographical information (such as age, occupation, and town of residence), image, likeness and statements relating to the Prize for Prize fulfillment, advertising, publicity and marketing purposes.
REPRESENTATIONS/WARRANTIES:
By entering the Competition, the Entrant agrees the Entrant is legally entitled to accept and partake in the whole prize, and, will comply with all the applicable terms and conditions, and directions, of Promoter and all third parties who are providing any element of the prize.
The Entrant must not:
sell or offer the prize (or any part of a prize) for sale, or use the prize (or any part of a Prize) in connection with any further competition, contest, sweepstake or promotion; or
make any public statements or release any other information relating to the Prize to the media without the Promoter’s prior written approval.
LICENSE:
The Entrant shall retain all ownership rights in the Submission. However, by submitting the Submission, the Entrant grants to the Promoter a license in accordance with the MySpace.com Users Terms of Use Agreement http://www.myspace.com/index.cfm?fuseaction=misc.terms. However, by submitting the Submission, you hereby grant to the Promoter a universal, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, adapt, reformat, translate, and otherwise exploit and perform all or any portion of the Submission for any purpose whatsoever, including, without limitation, in connection with (i) the Promoter’s network of Internet websites, wireless applications, interactive television, video on demand and any other media or technology (including, without limitation, Internet protocol, wireless or interactive platforms or interfaces) through which the Promoter distributes content to end users, whether now existing or hereafter developed (the “Promoter Platform”), in any and all media formats and through any and all media distribution and advertising and promotional purposes, without accounting, notification, credit or other obligation to you.
WAIVER:
By entering this Competition, to the maximum extent permitted by law, you waive all rights, release, hold harmless and discharge the Promoter, any parties connected to the Promoter or any persons or entities acting on such parties’ behalf from all liabilities in connection with your voluntary participation in the Prize. Each Entrant acknowledges and agrees that the Promoter does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission.
RIGHTS OF PROMOTER:
In the event that any Entrant is disqualified or withdrawn from the Competition for any reason, including without limitation, the Entrant’s failure to return acceptance documentation sent to the winner by the Promoter, Promoter in its sole discretion may decide whether a replacement Entrant should be selected. If an alternative Entrant is selected, any further Entrant shall be subject to the same criteria as the original Entrant and will be subject to these Competition Terms and Conditions.
Promoter reserves the right to cancel or amend the terms and conditions of this Competition at any time without prior notice. Any changes will be posted within the terms and conditions on the relevant competition page.
Promoter is not responsible for the content or practices of third party websites that may be linked to the Website.
Promoter shall have the right and sole discretion to edit, refuse to air or transmit any Submission whatsoever it finds to be in violation of the MySpace.com Terms of Use Agreement, does not comply with all of the Promoter’s requirements, or which it finds in its sole discretion to be otherwise objectionable for any reason.
The Promoter makes no warranties, express or implied, as to the content or accuracy or reliability of any information or statements contained in the Submission. All statements and opinions made by Entrants are those of such Entrants only, and Promoter neither endorses nor shall be held responsible for any reliability or accuracy of the same.
PRIVACY POLICY:
Any personal information supplied by you to MySpace will be subject to MySpace’s privacy policy posted at http://www.myspace.com/index.cfm?fuseaction=misc.privacy. MySpace will not sell, rent, transfer or otherwise disclose your personal data to any third party other than as described above herein.
WINNERS/OFFICIAL RULES:
To obtain a copy of the Winner’s List or a copy of these Terms and Conditions, send your request along with a stamped, self-addressed envelope to “Contest Name” Winners/Rules, Fox Interactive Media UK Limited, 55 New Oxford Street, London, WC1 A 1BS.
VALIDITY: If any of the provisions of these Terms and Conditions are judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions will not be affected.
GOVERNING LAW & JURISDICTION:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or rights and obligations of contestants in connection to the Competition, shall be governed by and construed in accordance with the laws of the State of California.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN
By entering this Competition, you (the “Entrant”) agree to be bound by these terms and conditions.
DESCRIPTION: The “FREAK – Extras” (“Competition") is a webisode extra competition administered through the online networking community MySpace. The winner will have the opportunity to appear as an extra in an episode of the FREAK series to be screened on the MySpace.com website (the “Winner”). The Winner will also appear in the FREAK Loves… blog on a date between 29th June 2009 & 10th September 2009 and through other distribution methods in perpetuity. The promoter of the competition is MySpace, Inc. 407 North Maple Drive, Beverly Hills, CA 90210, USA (the “Promoter”).
The Competition will flow as follows:
Competition “Submission Period”: The Competition Submission Period begins on 29th June 2009 and ends on 3 August 2009 at 23:59 BST.
Competition Judging: Eligible Competition submissions will be judged on 4th August 2009 according to the criteria in Section 9 of these Terms and Conditions.
Winner Notification: On or about 5th August 2009, the Winner will be notified by MySpace message to pre-book them for the day of shooting, confirm eligibility and obtain releases.
Prize Acceptance: The Winner will return the acceptance email by 7th August 2009 at 12:00 mid-day BST.
Winner Announcement: The Winner will be announced on or about 8th August 2009 via the FREAK loves… blog.
ELIGIBITY:
The Competition is open to all UK residents who have a MySpace profile and are over the age of 16 years old. If you do not have a MySpace profile you can create one for free by going to HYPERLINK "http://www.myspace.com" www.myspace.com (the “Website”) and clicking on the “Sign Up” button. By creating a profile you agree to abide by the MySpace.com Terms of Use Agreement http://www.myspace.com/index.cfm?fuseaction=misc.terms and Privacy Policy http://www.myspace.com/index.cfm?fuseaction=misc.privacy. In the event of a dispute as to the identity of a winner, the winner will be deemed to be the natural person in whose name the e-mail account associated with the provided e-mail address was opened.
No employees (or their family members) of MySpace Inc., Fox Interactive Media UK Limited, FremantleMedia or any of their group companies are eligible to enter.
ENTRY:
To enter the Competition, simply add the official FREAK MySpace profile page at HYPERLINK "http://www.myspace.com/freak" www.myspace.com/freak as your top friend on your MySpace profile & leave a comment on the official FREAK MySpace profile at HYPERLINK "http://www.myspace.com/freak" www.myspace.com/freak saying why you are suitable to appear as an extra in the FREAK series
Only one (1) prize per household. Entrants must provide all information requested to be eligible to win. Entry is not complete until Entrant has followed the online prompts. All entries must comply with the MySpace.com Terms of Use Agreement http://www.myspace.com/index.cfm?fuseaction=misc.terms.
The Winner may be disqualified from participating in the Prize if any of the Competition Terms and Conditions or MySpace.com website Terms of Use are breached, or if any of the confirmations made in it are not correct.
SUBMISSION CRITERIA:
The Submission must meet the following restrictions:
Submissions must comply with the MySpace.com Terms of Use Agreement located at HYPERLINK http://www.myspace.com/index.cfm?fuseaction=misc.terms;
Submission must be entirely original to the Entrant;
Submission must not use any derogatory, is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, constitutes or promotes information that the Entrant knows is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Submission must NOT have been previously submitted to another Competition, broadcast on a media network or submitted to any entertainment entity that would conflict with this Competition, as determined in the Promoter’s sole discretion; and
Submissions must NOT include third parties/people, who have not expressly authorized Entrant to display their image, likeness or voice in the Submission or otherwise use such image, likeness or voice in accordance with these Terms and Conditions. Entrants should be able to provide on request all appropriate clearances, permissions and releases for the Submission, failure to provide such clearances may result in the disqualification of the Submission.
Submissions that violate any of these requirements may be deemed ineligible to receive the prize and their Submission may be void. Promoter reserves the right to determine in their sole discretion which entries have satisfied the entry requirements.
SELECTION:
The Promoter will select the Winner by the wittiest blog entry.
FINALIST NOTIFICATION:
The Winner will be sent a MySpace message on or about 5th August 2009 with any relevant acceptance documentation, including the Contributor Release Form at Annex A. The Promoter’s decision regarding each of the winners is final. No correspondence will be entered into.
PRIZE(S):
The prize(s) for each of the competitions are as follows:
The opportunity to appear as an extra in a selected episode of the FREAK series & to be featured in the FREAK loves… blog. An extra is a non-speaking person appearing on screen (the production cannot assure the person will be visible nor his/her face will be recognizable nor the scene where the person appears to be kept after editing).
No cash alternative will be offered. Prize(s) do not include any other costs or expenses, for example travel to and from the event, food, drinks or entertainment or other expenses except where indicated.
PRIZE ACCEPTANCE:
In order to accept the prize the Winner is required to email the address within the MySpace message confirming their acceptance & with all necessary documentation as explained in the MySpace message by 7th August 2009 at 12:00 mid-day BST. Failure to complete the necessary documentation and the Contributor Release Form as set out at Annex A will result in the Promoter choosing another Winner. Where the Winner is under 18 years of age an appropriate adult’s consent must be included in the documentation.
The Winner must be available to travel on the dates specified, no alternative dates will be offered. The Winner, and if under 18 years of age their chaperone, must ensure that they have valid ID and all necessary documents specified in the winner email. The Promoter accepts no responsibility for a Winner who fails to ensure that they have all necessary documentation. Failure to complete the necessary documentation, or be accompanied by a chaperone where applicable, will result in the Promoter choosing another Winner.
Promoter is not responsible for entries lost or delayed in transmission whether by email or otherwise. Promoter is not responsible for damage or loss resulting from misdirected or incomplete entries arising from computable functions, virus, bugs or other causes outside their control.
Promoter is responsible for the first part of the promotion, which is the publication and adjudication of the competition. All other facilities connected with the provision of the prize are the responsibility of FremantleMedia.
PUBLICITY RIGHTS:
By entering the Competition the Entrant agrees that the Promoter has the right, at no cost to the Promoter, to use the Entrant’s name, biographical information (such as age, occupation, and town of residence), image, likeness and statements relating to the Prize for Prize fulfillment, advertising, publicity and marketing purposes.
REPRESENTATIONS/WARRANTIES:
By entering the Competition, the Entrant agrees the Entrant is legally entitled to accept and partake in the whole prize, and, will comply with all the applicable terms and conditions, and directions, of Promoter and all third parties who are providing any element of the prize.
The Entrant must not:
sell or offer the prize (or any part of a prize) for sale, or use the prize (or any part of a Prize) in connection with any further competition, contest, sweepstake or promotion; or
make any public statements or release any other information relating to the Prize to the media without the Promoter’s prior written approval.
LICENSE:
The Entrant shall retain all ownership rights in the Submission. However, by submitting the Submission, the Entrant grants to the Promoter a license in accordance with the MySpace.com Users Terms of Use Agreement ( HYPERLINK "http://www.myspace.com/index.cfm?fuseaction=misc.terms" http://www.myspace.com/index.cfm?fuseaction=misc.terms). However, by submitting the Submission, you hereby grant to the Promoter a universal, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, adapt, reformat, translate, and otherwise exploit and perform all or any portion of the Submission for any purpose whatsoever, including, without limitation, in connection with (i) the Promoter’s network of Internet websites, wireless applications, interactive television, video on demand and any other media or technology (including, without limitation, Internet protocol, wireless or interactive platforms or interfaces) through which the Promoter distributes content to end users, whether now existing or hereafter developed (the “Promoter Platform”), in any and all media formats and through any and all media distribution and advertising and promotional purposes, without accounting, notification, credit or other obligation to you.
WAIVER:
By entering this Competition, to the maximum extent permitted by law, you waive all rights, release, hold harmless and discharge the Promoter, any parties connected to the Promoter or any persons or entities acting on such parties’ behalf from all liabilities in connection with your voluntary participation in the Prize. Each Entrant acknowledges and agrees that the Promoter does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission.
RIGHTS OF PROMOTER:
In the event that any Entrant is disqualified or withdrawn from the Competition for any reason, including without limitation, the Entrant’s failure to return acceptance documentation sent to the winner by the Promoter, Promoter in its sole discretion may decide whether a replacement Entrant should be selected. If an alternative Entrant is selected, any further Entrant shall be subject to the same criteria as the original Entrant and will be subject to these Competition Terms and Conditions.
Promoter reserves the right to cancel or amend the terms and conditions of this Competition at any time without prior notice. Any changes will be posted within the terms and conditions on the competition page.
Promoter is not responsible for the content or practices of third party websites that may be linked to the Website.
Promoter shall have the right and sole discretion to edit, refuse to air or transmit any Submission whatsoever it finds to be in violation of the MySpace.com Terms of Use Agreement, does not comply with all of the Promoter’s requirements, or which it finds in its sole discretion to be otherwise objectionable for any reason.
The Promoter makes no warranties, express or implied, as to the content or accuracy or reliability of any information or statements contained in the Submission. All statements and opinions made by Entrants are those of such Entrants only, and Promoter neither endorses nor shall be held responsible for any reliability or accuracy of the same.
PRIVACY POLICY:
Any personal information supplied by you to MySpace will be subject to MySpace’s privacy policy posted at HYPERLINK "http://www.myspace.com/index.cfm?fuseaction=misc.privacy" http://www.myspace.com/index.cfm?fuseaction=misc.privacy. MySpace will not sell, rent, transfer or otherwise disclose your personal data to any third party other than as described above herein.
WINNERS/OFFICIAL RULES:
To obtain a copy of the Winner’s List or a copy of these Terms and Conditions, send your request along with a stamped, self-addressed envelope to “Contest Name” Winners/Rules, Fox Interactive Media UK Limited, 55 New Oxford Street, London, WC1 A 1BS.
VALIDITY:
If any of the provisions of these Terms and Conditions are judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions will not be affected.
GOVERNING LAW & JURISDICTION:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or rights and obligations of contestants in connection to the Competition, shall be governed by and construed in accordance with the laws of the State of California.
ANNEX A
CONTRIBUTOR RELEASE FORM
COMPANY: FremantleMedia Ltd, 1 Stephen Street, London W1T 1AL
CONTRIBUTOR: [NAME / ADDRESS]
DATE:
"FREAK"
We write to confirm the agreement between ourselves (“us/we” or “the Company”) and you (“you” or “the Contributor”) whereby, as the prize for the FREAK Extras Competition and in consideration of us accepting you as an extra in Freak (“the Programme”), you consent to the filming and recording of your contribution to and participation in the Programme on the terms set out below.
Key Terms
1.
Programme:
The interactive online programme or series of interactive online programmes comprised of episodes and further additional online material with the above provisional title, the format, style and nature of which have been fully explained to you;
2.
Contribution:
Your participation in any filming/ recording and any recorded interviews or meetings at various locations as we might require in connection with the Programme;
3.
Rights:
All copyright and other rights in the Contribution.
The General Terms & Conditions appended to this letter shall be deemed part of this Agreement. To the extent that they are inconsistent with these Key Terms, the latter shall apply. Capitalised terms given a meaning in one part of the Agreement shall bear the same meaning throughout the Agreement.
Yours sincerely Agreed and accepted
……………………………………….. ……………………………………
For and on behalf of
FORMDROPDOWN
GENERAL TERMS AND CONDITIONS
The Contributor will promptly and faithfully comply with all instructions of the Company including but not limited to those involving artistic taste and judgement and will consult with the Company at all times regarding the Contribution.
The Contributor hereby agrees that the Rights including but not limited to the copyright (if any) and all other rights in the Contribution and the Programme shall vest in and are hereby assigned to the Company and the Contributor grants all necessary consents that may be required under any legislation or regulation in any jurisdiction to permit the Contribution or any part of it (whether as part of the Programme or otherwise) to be exhibited or otherwise exploited by all means and in all media and formats throughout the universe for the full period of copyright and all renewals, revivals, reversions and extensions thereof and thereafter so far as may be possible in perpetuity. The Contributor further confirms that he/she shall not seek to enforce any rights to equitable remuneration in respect of any rental and lending and cable re-transmission rights in the Contribution.
Without limiting the foregoing in any way, the Company shall be entitled to (a) alter, adapt or make additions to or deletions from the Programme (and the Contributor’s appearance therein) at its discretion, (b) make and exploit and to authorise the making and exploitation of any recording or fixation of the Contributor’s appearance separately from or in conjunction with the Programme throughout the Universe in perpetuity by all means and in all media whether now known or hereafter invented including without limitation by way of any interactive, online telephony or new media application; (c) dub the Contributor’s voice in any language; and (d) include the Contributor’s name, likeness, voice, biographical details, photographs of the Contributor and recordings of interviews with the Contributor separately from or in conjunction with the Programme by all means and in all media and formats throughout the Universe including but not by way of limitation in advertising, publicity and exploitation material;
The Contributor acknowledges that no repeat fees or any other fees shall be payable to the Contributor in respect of any subsequent rebroadcast or retransmission or any other use by the Company (or any assignees or licensees) of the Programme or any part thereof.
The Contributor hereby waives any so-called 'moral rights' in the Programme and such rights under section 77 and section 80 of the Copyright Designs and Patents Act 1988 as the Contributor now has or may hereafter acquire in relation to the Programme. Accordingly, the Company shall have the unfettered right to modify the Contribution or any part of it in any way that it thinks fit.
The Contributor warrants that the Contributor has given a full and honest disclosure of all information requested by the Company concerning the Contribution to the Programme and any information which may affect the Contribution, the Programme, the Company and/or the commissioning broadcaster, even if it may be construed as detrimental to the Programme. Except as fully disclosed in writing to the Company prior to the Programme the Contributor has not now and has never been involved in any criminal proceedings whether as a defendant, witness or in any way whatsoever or subject to an order of bankruptcy.
The Contributor shall not disclose or permit the disclosure to any persons (other than my professional advisors) of any information relating to the Company, its business, the Programme or this Agreement and the Contributor shall keep all such information strictly confidential.
The Company shall not be liable to the Contributor for any loss or damage or injury to the Contributor or the Contributor’s property caused or suffered in connection with the production of the proposed Programme or any advice given to the Contributor by the Company or its employees, servants or contractors unless caused by the negligence of the Company and recoverable on that ground.
The Contributor agrees that the Contribution shall be true and original to the Contributor and shall not contain anything which is defamatory or an infringement of copyright or in contempt of court or which is calculated to bring the Programme, the Company or the commissioning broadcaster (and including for the purposes of this agreement MySpace Inc) into disrepute.
Nothing contained in this Agreement shall constitute an undertaking by the Company to produce or exhibit the Programme or to use the Contribution or any part of it in the Programme or its exploitation.
The Contributor is free to enter this Agreement and hereby agrees to indemnify the Company in respect of all actions, proceedings, claims, damages and other liabilities which may be brought against or incurred by the Company as a result of the breach of any of the Contributor’s warranties, representations, obligations or undertakings contained in this Agreement.
The Company shall be entitled to assign the benefit of this agreement either in whole or in part to any to any of our subsidiary or associated companies or successors in title and/or any third party.
The Contributor agrees that in the event of any breach of this agreement by the Company the Contributor shall not be entitled to enjoin and/or injunct the distribution and/or exploitation of the Programmes and any legal remedy the Contributor may have shall lie in an action at law for damages.
The Courts of England shall have sole jurisdiction in relation to the terms and conditions of the agreement contained in this release which shall be interpreted according to the laws of England.
MINOR CONTRIBUTOR RELEASE FORM
COMPANY: FremantleMedia Ltd, 1 Stephen Street, London W1T 1AL
PARENT / GUARDIAN: [NAME / ADDRESS]
CONTRIBUTOR: [NAME / ADDRESS]
DATE:
"FREAK"
We write to confirm the agreement between ourselves (“us/we” or “the Company”) and you (“you” or “the Parent/Guardian”) on behalf of the contributor (“the Contributor”) whereby, as the prize for the FREAK Extras Competition and in consideration of us accepting the Contributor as an extra in Freak (“the Programme”), you have consented to the filming and recording of the Contributor’s participation in the Programme on the terms set out below.
Key Terms
1.
Name of Minor
Contributor:
FORMTEXT [Insert name of Minor];
2.
Name of Parent/ Guardian:
FORMTEXT [Insert name of Parent/Guardian];
3.
Programme:
The interactive online programme or series of interactive online programmes comprised of episodes and further additional online material with the above provisional title, the format, style and nature of which have been fully explained to you;
4.
Contribution:
The Contributor’s participation in any filming/ recording and any recorded interviews or meetings at various locations as we might require in connection with the Programme during the Term;
5
Rights:
All copyright and other rights in the Contribution;
6.
Other Special Conditions:
You hereby confirm that:
6.1
you are the FORMTEXT parent/authorised guardian [delete as appropriate] of the Contributor who is a minor under the age of 18 years and you are authorised to sign this Agreement on behalf of the Contributor;
6.2
you have read and understood this Agreement; and
6.3
you consent to the Contributor participating in and contributing to the Programme entering into this Agreement.
The General Terms & Conditions appended to this letter shall be deemed part of this Agreement. To the extent that they are inconsistent with these Key Terms, the latter shall apply. Capitalised terms given a meaning in one part of the Agreement shall bear the same meaning throughout the Agreement.
Yours sincerely Agreed and accepted
For and behalf of FORMTEXT [insert name of minor]
…………………………………….. ………………………………………..
For and on behalf of FORMTEXT [INSERT NAME OF PARENT/GUARDIAN]
FORMDROPDOWN
GENERAL TERMS & CONDITIONS
The Parent/Guardian will promptly and faithfully comply, and shall procure that the Contributor shall promptly and faithfully comply, with all instructions of the Company including but not limited to those involving artistic taste and judgement and consult with the Company at all times regarding the Contribution.
The Parent/Guardian hereby agrees for on behalf of the Contributor that the Rights including without limitation the copyright (if any) and all other rights in the Contribution and the Programme shall vest in and are hereby assigned to the Company and grant for and on behalf of the Contributor all necessary consents that may be required under any legislation or regulation in any jurisdiction to permit the Contribution or any part of it (whether as part of the Programme or otherwise) to be exhibited or otherwise exploited by all means and in all media and formats throughout the universe for the full period of copyright and all renewals, revivals, reversions and extensions thereof and thereafter so far as may be possible in perpetuity. The Parent/Guardian further confirms that neither the Parent/Guardian nor the Contributor shall seek to enforce any rights to equitable remuneration in respect of any rental and lending and cable re-transmission rights in the Contribution.
Without limiting the foregoing in any way, the Company shall be entitled to (a) alter, adapt or make additions to or deletions from the Programme (and the Contributor’s appearance thereon) at its discretion, (b) make and exploit and to authorise the making and exploitation of any recording or fixation of the Contributor’s appearance separately from or in conjunction with the Programme throughout the Universe in perpetuity by all means and in all media whether now known or hereafter invented including without limitation by way of any interactive, online, telephony or new media application; (c) dub the Contributor’s voice in any language; and (d) include the Contributor’s name, likeness, voice, biographical details, photographs of the Contributor and recordings of interviews with the Contributor separately from or in conjunction with the Programme by all means and in all media and formats throughout the Universe including but not by way of limitation in advertising, publicity and exploitation material;
The Parent/Guardian acknowledges that no repeat fees or any other fees shall be payable to the Parent/Guardian or the Contributor in respect of any subsequent rebroadcast or retransmission or any other use by the Company (or any assignees or licensees) of the Programme or any part thereof.
The Parent/Guardian hereby waives for and on behalf of the Contributor any so-called 'moral rights' in the Programme and such rights under section 77 and section 80 of the Copyright Designs and Patents Act 1988 as the Parent/Guardian or the Contributor now have or hereafter acquire in relation to the Programme. Accordingly, the Company shall have the unfettered right to modify the Contribution or any part of it in any way that it thinks fit.
The Parent/Guardian warrants that he/she has given a full and honest disclosure of all information requested by the Company concerning the Contribution to the Programme and any information which may affect the Contribution, the Programme, the Company and/or the commissioning broadcaster, even if it may be construed as detrimental to the Programme. Except as fully disclosed in writing to the Company prior to the Programme neither the Parent/Guardian nor the Contributor has now or ever been involved in any criminal proceedings whether as a defendant, witness or in any way whatsoever or subject to an order of bankruptcy.
The Parent/Guardian shall not (and shall procure that the Contributor shall not) disclose or permit the disclosure to any persons (other than his/her professional advisors) of any information relating to the Company, its business, the Programme or this Agreement and the Parent/Guardian shall keep (and shall procure that the Contributor shall keep) all such information strictly confidential.
The Company shall not be liable to the Parent/Guardian or the Contributor for any loss or damage or injury to the parent/Guardian or the Contributor or to the Parent/Guardian’s or the Contributor’s property caused or suffered in connection with the production of the proposed Programme or any advice given to the Parent/Guardian by the Company or its employees, servants or contractors unless caused by the negligence of the Company and recoverable on that ground.
The Parent/Guardian agree for and on behalf of the Contributor that the Contribution shall be true and original to the Contributor and shall not contain anything which is defamatory or an infringement of copyright or in contempt of court or which is calculated to bring the Programme, the Company or the commissioning broadcaster (and including for the purposes of this agreement MySpace Inc) into disrepute.
Nothing contained in this Agreement shall constitute an undertaking by the Company to produce or exhibit the Programme or to use the Contribution or any part of it in the Programme or its exploitation.
The Parent/Guardian confirms that the Contributor is free to enter this Agreement and hereby agrees for and on behalf of the Contributor to indemnify the Company in respect of all actions, proceedings, claims, damages and other liabilities which may be brought against or incurred by the Company as a result of the breach of any of the Parent/Guardian’s warranties, representations, obligations or undertakings contained in this Agreement.
The Company shall be entitled to assign the benefit of this agreement either in whole or in part to any to any of its subsidiary or associated companies or successors in title and/or any third party.
The Parent/Guardian agrees on behalf of the Contributor that in the event of any breach of this agreement by the Company the Parent/Guardian shall not be entitled to enjoin and/or injunct the distribution and/or exploitation of the Programmes and any legal remedy the Parent/Guardian may have shall lie in an action at law for damages.
The Courts of England shall have sole jurisdiction in relation to the terms and conditions of the agreement contained in this release which shall be interpreted according to the laws of England.