By participating in the "Say Say Say" competition (the “Competition”), you (the “Entrant”) agree and accept to be bound by MPL Communications Limited's “Say Say Say” Competition Terms and Conditions: (the "Terms and Conditions"), (as set out below) which are final in all matters relating to the Competition:
1. The promoter of the Competition is MPL Communications Limited ("MPL", "we") of 1 Soho Square, London W1D 3BQ.
Entry to Competition
2. To enter the Competition the Entrant must;
2.1 register the Entrant's details at PaulMcCartney.com (the “Website”), which can be found at http://www.paulmccartney.com/downloads;
2.2 on registering the Entrant's details, the Entrant will be eligible to enter the Competition and to download the instrumental (the “Instrumental”) of the track “Say Say Say [2015 Remix]” the (“Track”) for free from the ‘Downloads’ section of the Website, which can be found at http://www.paulmccartney.com/downloads. The Entrant confirms by downloading the Instrumental that the Entrant will and is only permitted to use the Instrumental for the sole purpose of entering the Competition and creating the Entrant’s Video (as defined below) for use within the Competition only;
2.3 once the Entrant has downloaded the Instrumental, the Entrant should record the Entrant (and Participants (as defined below), if any) singing and performing the lyrics to the Track (the “Entrant’s Video");
2.4 in order for the Entrant's Video to be validly entered in the Competition for consideration by MPL, the Entrant must ensure that the Entrant uploads the Entrant’s Video to the Entrant’s personal YouTube, Twitter or Facebook page / platform along with the hashtag “#saysaysay” (only one use of the hashtag is necessary to be entered into this Competition) then email the direct link to the Entrant’s video to the Competition email address firstname.lastname@example.org
3. The Entrant is deemed to have accepted these Terms and Conditions by participating in the Competition and should any Entrant’s Performance include participants other than the Entrant ("Participant") the Entrant warrants that they have obtained all necessary consent, waiver, and grant of rights from such Participant prior to submitting the Entrant’s Video and that such Participant(s) agree to these Terms and Conditions and to the grant of rights to MPL (as detailed below).
4. Any Entrant under the age of 18 must obtain the permission of a parent or guardian before entering the Competition. Any Participant under the age of 18 who feature in the Entrant’s Video must also obtain permission from a parent or guardian. The Entrant warrants that they have the right to enter the Competition and to grant the rights granted herein without infringing any third party rights and/or any third party agreement.
Assignment of Rights
5. In consideration of (a) MPL making the Instrumental available to the Entrant to download (on the terms and conditions as set out herein) and; (b) the Entrant’s participation in the Competition, the Entrant hereby assigns to MPL the Entrant’s Video and any and all rights (including but not limited to copyright) created in and to the Entrant’s and/or Participant’s performance as contained and/or featured on the Entrant’s Video, for the full period of copyright including any extensions and renewals thereto throughout the world and the Entrant (on behalf of him/herself and on behalf of any Participant(s)) confirms and agrees that MPL may exploit the Entrant’s Video in any manner or medium without further reference to Entrant and/or Participant and on a gratis basis.
6. Subject always to these Terms and Conditions, MPL hereby grants to the Entrant a non-exclusive licence to upload and/or deal with the Entrant’s Video (incorporating the Instrumental) in accordance with the terms of these Terms and Conditions.
7. By entering the Competition, the Entrant also grants MPL, and confirms that the Participants grant MPL, the right, but not the obligation to use the Entrant’s and/or the Participant’s biographical information, name, likeness, picture, photograph and geographical location. The Entrant waives and confirms that the Participants waive and shall not enforce, any and all “moral rights” with respect to the Entrant’s Video and the performances contained therein whether pursuant to the Copyright Designs and Patents Act 1988 or any analogous legislation anywhere in the world.
8. The performances of the Entrant and Participant as contained on the Entrant’s Video are original and the Entrant and/or Participant is the sole creator, author and owner of the Entrant’s Video and that the Entrant has the right to enter the Competition and to grant the rights granted so that MPL can exploit and/or deal with the Entrant’s Video and no other persons (other than cleared and consenting Participants) appear in the Entrant’s Video and the Entrant warrants that an Entrant’s Video does not incorporate or include anything that is owned by any third party or would require the consent of any third party and the Entrant’s Video does not infringe any law or any third party rights, for example and without limitation any trade mark, copyright or performers’ rights or otherwise violates anyone’s right of privacy or publicity or any other third party statutory, common law or regulatory rights.
9. The Entrant’s Video does not contain any material and/or statement which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, or which encourages conduct or is conduct that would constitute a criminal offence, or gives rise to civil liability or otherwise violates any applicable law. Any Entrant’s Video that fails to comply with this provision will be disqualified without prior notification.
Selection of Winners
10. The Winner of the Competition will be selected by MPL in its sole discretion using criteria based on the quality of performance, creativity and number of likes and shares. MPL reserves the right not to consider, and/or exclude and/or disqualify, any Entrant’s Video MPL deems, in its sole discretion, to be inappropriate and/or not in compliance with these Terms and Conditions or for any reason whatsoever. All decisions of MPL are final and binding and cannot be appealed. MPL does not accept responsibility for an Entrant’s Video which is lost, delayed, incomplete or otherwise not received or cannot be entered for technical or any other reason. Proof of delivery and/or entry of the Entrant’s Video in accordance with Clause 2 of these Terms and Conditions is not proof of receipt. An incomplete or illegible entry of Entrant’s Video or those not in accordance with the entry instructions and these Terms and Conditions are invalid. MPL and its agents accept no responsibility for difficulties experienced in submitting any Entrant’s Video.
11. Only entries received before 12pm (GMT) on Monday 7th December 2015 (the "Closing Date") will be accepted. Winners will be chosen by MPL and notified by email. The winning Entrant’s Videos will be included within a specifically commissioned fan video for the Track, which MPL intends to release and make available on the Website but makes no guarantees or promises in this regard. MPL reserves the right to exploit the fan video in any other format and/or medium as MPL shall in its sole discretion decide.
12. If the Entrant’s Video is selected as a winner of the Competition, the Entrant and/or Participant may be required to provide additional information and/or complete further documentation within a specific timeframe. Failure to do this may lead to the Entrant’s Video being disqualified and MPL may be required to select an alternative winner in its place.
14. MPL reserves all of its rights, including but without limitation, the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Competition with or without prior notice due to reasons outside their control or to amend or modify these terms and conditions at any time.
15. Other than those liabilities that cannot be limited or excluded by law, MPL excludes all liabilities for any loss or damage arising from or in connection with the Competition or the submission of the Entrant’s Video.
16. The Entrant agrees that they shall not be entitled to any equitable or injunctive relief whereby the rights granted to MPL could be affected or the free and unrestricted exploitation of the same could be restrained, hampered or otherwise interfered with.
17. MPL has the full and unconditional right to assign, transfer, license, sub-license or otherwise all and/or any of our rights herein in whole or in part.
18. If any clause or any part of these Terms and Conditions or their application 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 the Terms and Conditions which shall remain in full force and effect.
19. These Terms and Conditions are governed by the laws of England and Wales. Any disputes arising under or in connection with them shall be subject to the exclusive jurisdiction of the English courts.