Terms and Conditions

2013 No More Nul Points ONTEST

“OFFICIAL RULES”

 

 

 

NO PURCHASE NECESSARY TO ENTER OR WIN THE CONTEST. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. This contest is organized by No More Nul Points, (the “organizer”) in partnership with Dailymotion SA (the “Partner”).

 

1. CONTEST DESCRIPTION: The 2013 No More Nul Points Contest (the “Contest”) is a competition in which participants shall compete by submitting their videos which must include an original song composed by the participant, for a chance to be presented to the BBC as an alternative to their official selection for the Eurovision song contest. Each Contest Entrant (as such term is defined below) shall be invited to submit his/her video (a “Video”), which shall be judged and selected as further described in Rules 7 below. The Contest begins March 8th, 2013 and ends April 14th, 2013, and the deadline for submissions of Video is on April 8th, 2013 (the “Submission Deadline”). The Contest consists of an online competition in which Contest Entrants shall be invited to upload a music Video to the Partner owned and controlled website available at http://www.nomorenulpoints.com (the “Partner Site”).The Video shall be posted on a page of the Partner Site dedicated to the Contest and available at the address:

http://www.dailymotion.com/contest/nomorenulpoints (the “Contest Page”)

 

2. CONTEST ELIGIBILITY: The Contest is open to legal residents of the UK who are at least 18 years of age at time of entry. Employees (and their immediate families, i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) of the Organizer and Partner and their respective agents, parent affiliated or related companies, subsidiaries, divisions, prize sponsors and promotional and advertising agencies and administrators are not eligible to enter the Contest.

 

3. HOW TO ENTER: Any individual wishing to participate in the Contest must first register to participate, thereby becoming an eligible participant (a “Contest Entrant”). Registration is free and available on the registration form available through the Partner Site. As part of the registration process, Contest Entrants shall be required to (a) submit the information required in the registration form to the Partner Site and (b) unconditionally agree to be bound by (i) these Official Rules, (ii) Partner’s Terms of Use (iii) the decisions of the Organizer, which are final and binding in all respects,. Limit one registration per person and per e-mail address. Any individual who attempts to register or, in the sole discretion of the Organizer, is suspected of registering more than once for the Contest on the same Partner Site, by any means including, without limitation, establishing multiple e-mail accounts or user IDs shall be disqualified from the Contest.

 

4. HOW TO SUBMIT A VIDEO: Once you have completed registration for the Contest, follow the online instructions to complete, encode and upload your Video. Each Contest Entrant may submit any number of video as they want during the term of the Contest. You must complete the registration process and upload your Video no later than the Submission Deadline.

 

All Videos: (a) must be a wholly original, audio-visual performance created by the Contest Entrant that must include an original song composed by the participant (b) must be no more than 6 minutes in total running time; (c) must be formatted and encoded according to the requirements set forth on the upload page of Partner Site; (d) must be in English, if there is any language in the Video; however, subtitles may be permitted when used for comedic effect, in the Organizer' sole discretion; (e) must not, contain or involve any of the following: (i) obscenity, (ii) singing (except for wholly original songs, that are owned, controlled and created by the Contest Entrant), (iii) private property, or other property (unless Contest Entrant has obtained a signed property release specific for the uses specified herein), (iv) crude, vulgar or offensive pictures, depictions, images, language and/or symbols, (v) gang signs or symbols, (vi) nudity, (vii) commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements, (viii) license plates, phone numbers, personal addresses (physical, email or otherwise), (ix) websites or web page links, (x) derogatory characterizations of any ethnic, racial, sexual or religious groups, (xi) humiliate other people (publicly or otherwise), (xii) any assault or threatening of others, (xiii) trespass or the violation of other people’s rights or property; (xiv) illegal (e.g., discriminatory, harassing) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress), (xv) conduct or activities in violation of these Official Rules, or (xvi) any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by the Organizer or Partner, in their sole discretion; (f) must not contain content which endorses or condones illegal drug use or alcohol abuse and narcotic addiction; alcohol abuse may only be depicted as self-destructive, anti-social behavior; (g) must not contain content that is explicit, graphic or depicts excessive sexual activity; (h) must not contain gratuitous violence; violence, if depicted, must be essential to the development of a theme, plot or concept of the Videos and violence may not be used to stimulate the audience or to invite imitation, nor may it be shown or offered as an acceptable solution to problem or conflict; and (i) must not contain any copyrighted works or any other information, content or materials that infringe the rights of any third party or violate any applicable laws or regulations. All elements used, incorporated into or otherwise appearing in a Video must be entirely original, created and performed by the Contest Entrant or be in the public domain. Use of any Elements or other materials that are not original or in the public domain may result in disqualification of the affected Video and the disqualification of the Contest Entrant from participation in the Contest.

 

 

5. ORGANIZER'S RIGHT TO DISQUALIFY: At any time during the Contest, the Organizer reserve the right, in its sole discretion, to disqualify and remove any Video for any reason including, without limitation, if the Organizer believe that such Video, or any component thereof, contains any inappropriate content, infringes the rights of any third party, violates any applicable laws or regulations, is harmful to any Organizer’s business, goodwill or reputation, or otherwise does not meet the requirements set forth in these Official Rules. The decisions of the Organizer on this and all matters relating to the Contest are final and binding.

 

6. CONDITIONS OF CONTEST ENTRY: (a) Each Contest Entrant retains ownership of any Video he/she enters in the Contest. As a condition of entry into the Contest, each Contest Entrant (or Contest Entrant's parent/legal guardian, if Contest Entrant is a minor in his/her state of legal residence):

 

(i) warrants and represents that the contest entrant owns all rights to the video he/she is submitting, including, without limitation, the elements, the video or digital recording itself, and the performance contained in each video (collectively, the “Contest Entry Materials”);

 

(ii) warrants and represents that his/her Contest Entry Materials (a) are original and have been legally obtained and created; (b) do not contain any conduct or activity dangerous for his/her health or the health of other people and (c) do not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws, regulations or network standards;

 

(iii) grants to all end users of the Partner Site (A) the non-exclusive license to access the Contest Entry Materials through Partner Site; (B) the ability to rate, review, comment on and tag the Contest Entry Materials; (C) the ability to embed the Partners’ video player with the Contest Entry Materials on third parties websites;

 

(iv) acknowledges and agrees that the Organizer or Partner shall not be held liable in case of breach by the Contest Entrant if any warranty, agreement or representation contained in these Official Rules or terms of use or in any documentation submitted or agreed to by the Contest Entrant.

(v) agrees to indemnify and hold the Partner and Organizer and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the “Indemnitees”), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Promotion arising out of or in connection with (A) any breach by the Contest Entrant of any warranty, agreement or representation contained in these Official Rules or terms of use or in any documentation submitted or agreed to by the Contest Entrant; (B) the Contest Entrant's conduct during and in connection with this Contest, including, without limitation, trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation; or (C) the acceptance or use of any award or prize.

 

(b) In addition to the rights granted to the end users of the Partner Site as set forth above, each Winner (or Winner's parent/legal guardian, if Winner is a minor in his/her state of legal residence) irrevocably grants to the  Organizer, its affiliates, legal representatives, assigns, agents and licensees, and to the Partner the worldwide, royalty-free, non-exclusive, sublicensable, perpetual and transferable right and license to reproduce, encode, store, modify (for any purpose, including, but not limited to, internal standards/practices review and editorial control), copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit, create derivative works of, and/or otherwise exploit the Contest Entry Materials in any manner on any kind of service in any and all media available through any support, throughout the world, whether now known or hereafter created, in each instance, without additional review, compensation, or approval from the Winners or any other party, except as prohibited by law Winner’s videos may be used in a television broadcast documentary about the competition. Winners grant to The Partner the right to use their entry for promotion, marketing, and broadcast purposes.

 

7. WINNERS SELECTION PROCESS:

 

From March 8th 2013 until Marche 14th 2013, each Contest Entrant shall upload his/her Video on the Partner’s Site into the Contest Page.

From March 8th 2013 until March 14th 2013, the users of the Partner’s Site can vote for the best Video. From the Submission Deadline (ie: 03/14/2013), the result of the users’ vote will be available on the Partner’s Site on the Contest Page.

 

It is agreed that only the number of votes will be taken into consideration, with exclusion of any number of views and any number of comments associated to each Video.

 

At least three (3) winning videos will be selected by the most votes on the Partner’s contest page and won’t receive any monetary compensation. The Organizer has the possibility to add further winners.

Winners will be contacted through the email address that they use to create their Dailymotion account.

 

 

8. WINNER PRIZEAND GRAND Prize:  Subject to verification by the Organizer and compliance with these Official Rules the 3Winners shall be presented to the BBC as an alternative to their official selection for the Eurovision song contest

 

Reporting and payment of all applicable taxes, fees, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of any prize, are the sole responsibility of the winner of that prize. The Organizer expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the prizes awarded. The Organizer makes no representations or warranties concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations apply. The Organizer shall not be liable for nor replace any lost or stolen prize items.

 

9. GENERAL RULES: The Contest is governed by and subject to the French laws. All federal, state and local laws and regulations apply. Void where prohibited by law. Contest Entrants agree to be bound by these Official Rules and the decisions of the Organizer, which are final and binding on all matters relating to the Contest. The Organizer and the Partner are not responsible for any typographical or other errors in the printing of the offer, administration of the Contest or the announcement of the prizes, or for lost, late, misdirected, damaged, incomplete or illegal entries.

 

10. LIMITATIONS OF LIABILITY: The Organizer and the Partner assume no responsibility for any computer, online, telephone transmission or technical malfunctions that may occur during participation in the Contest or any Contest-related activity (including, without limitation, the voting phase of the Contest), or for theft, destruction or unauthorized access to, or alteration of, Contest Entry Materials. The Organizer and the Partner assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing (including, without limitation, any such problems which may result in the inability to access the Partner Site or to submit Contest Entry Materials in connection with the Contest).

 

11. DISPUTES/GOVERNING LAW: Except where prohibited, as a condition of participating in the Contest, each Contest Entrant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Contest, or any prize awarded, or the determination of winners shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will any Contest Entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-pocket expenses (e.g., costs associated with entering this Contest), and each Contest Entrant further waives all rights to have damages multiplied or increased. All issues and questions rights and obligations of Contest Entrant in connection with the Contest shall be governed by, and construed in accordance with, the French laws, without giving effect to the conflict of laws rules thereof and any matters or proceedings as set forth in these Official Rules, shall take place in Paris. The parties waive rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or this Contest.

 

12. PRIVACY:

 

By entering the Contest, each Contest Entrant agrees to the Partners’ use of its personal information given in the registration form to the Partner Site, as described in the Partner’s Privacy Policy, located at http://www.dailymotion.com/en/legal/privacy.

 

13. WINNERS LIST/RULES REQUESTS: For a copy of these Official Rules or the winners’ names, send a separate, stamped, self-addressed envelope, on or after 03/14/2013 to:

 

Howard Jameson

16b Jermyn Street

London SW1Y 6ST

howardjameson@ymail.com

 

14. PARTNER Dailymotion SA