The Galvatrons Laser Graffiti remix competition - Terms and Conditions

CONDITIONS OF ENTRY:

1. Instructions on "How to Enter” form part of these conditions of Entry. By entering the promotion, entrants accept and agree to be bound by these conditions of entry.

2. Who May Enter:
The only persons who may enter and be awarded the prize are those who are;
a) residents of Australia; and
b) 18 years of age or older; and
c) have running on their computer remix software, and
d) have a You Tube account; and
e) are not employees of the Promoter , or their associated companies and agencies and families.

3. The Promotion
The promotion is known as The Galvatrons Laser Graffiti Remix Competition” and gives the entrants the opportunity to remix the Galvatrons sound recording entitled “Laser Graffiti”.

4. How To Enter
To enter the Promotion, entrants must
a) Go to http://www.warnermusic.com.au/freedownloads/the-galvatrons-stems and register your details and then download the two stems (“the Stems”) for the sound recording entitled “Laser Graffiti” (“the Track”)
b) remix the Track in any manner the entrant wishes (subject to paragraph 8 below) (“the Remix”); and
c) Submit the Remix in high quality WAV format by posting it to the following YouTube page http://www.youtube.com/lasergraffitiremix during the Promotion Period. By doing the above, each eligible entrant will be entered into the Promotion and will qualify as an entrant.

No responsibility is accepted for late, incomplete, lost or misdirected entries.

Each entrant may submit more than one Remix provided that the entrant’s details are registered separately and each remix is posted separately.

All Remixes submitted must, except for the Stems embodied therein, be the original work of the entrant, must not have been previously exhibited, recorded or transmitted, and must not contain the trademarks, designs, copyrighted works, intellectual property, names, likenesses or images of any person or entity or otherwise infringe upon the copyrights, trademarks privacy, publicity or other intellectual property rights of any person or entity.

The Promoter reserves the right, in its sole and unfettered discretion, to disqualify at any time during the Promotion any Remix that it believes may infringe on the rights of any third parties. All entries and Remixes become the sole property of the Promoter and will not be returned.

5. Duration of Promotion
The competition commences at 9 am (AEST) on Thursday, 29 October 2009 and closes at 5pm (AEST) on Friday, 20th November 2009 (“the Promotion Period” ).

6. Determination of Winner
The winner will be the entrant who has done the best remix as judged by marketing and A&R executives of the Promoter and the Galvatrons (“the Judges”). The Judges decision on the winner is final and no correspondence shall be entered into.

7. The Prize and Additional Prize Conditions

There shall be one major prize and 4 runner–up prizes as follows:

The Major Prize shall consist of
(i) the winning Remix being digitally released as a single track after the promotion Period which single track shall be distributed in Australia and New Zealand and for the term that the Promoter shall determine in its sole discretion; and
(ii) Ultimate Ears headphones by Logitech; Retail value: $249.00
(iii) One Galvatrons official merchandise T Shirt; Retail value $30.00
(iv) One Galvatrons Stress Cube: Retail Value $10.00
(v) One pair of Galvatrons shoe laces: Retail Value: $5.00

The maximum total retail value of the Major prize is $294.00

Each Runner Up prize shall consist of one signed copy of the Galvatron’s Album “Laser Grafitti” ; Retail Price: each $20.00

Any change in the value of the prize occurring between publishing date and date the prize is claimed is not the responsibility of the Promoter.

Except with the written consent of the Promoter, prizes are not transferable or exchangeable or redeemable for cash. The Promoter has absolute discretion as to whether it will provide such consent and need not provide any reasons to any person for providing or withholding consent.

Any delivery, insurance and incidental costs relating to the collection of the prize are the responsibility of the prize winner.

Any part of the prize that is not taken for any reason is forfeited.
The awarding of the prize is subject to the conditions, specified in clause 8 below.

The Winner by entering into this Promotion;
(i) acknowledges that he/she shall not be entitled to any remuneration, royalties or other income in respect of the Promoter’s release or other explotiaiton of the winning Remix or for any other exploitation by the promoter or third parties of the winning remix in any other ; and
(ii) grants the promoter the non-exclusive right (but not obligation) to use the Winner’s name when exploiting the wining Remix.

8. Ownership of Entries and Remixes

By downloading the Stems, whether or not a Remix is entered into the Promotion, that person agrees;

(a) that the sound recording and performers copyright in the Stems and Track and all files making up the Stems and Track shall at all times be owned by the Promoter and nothing herein grants any person any rights in the aforesaid copyright in the Stems and Tracks;

(b) that the Promoter shall own the entire copyright in perpetuity throughout the world in all and any Remixes;
(i) created by entrants and entered into this Promotion; and
(ii) created from the Stems but not submitted to the Promotion;
free of any claim whatsoever by the person who creates the relevant Remix or any third party. Any rights that the creator of the Remix may otherwise possess in the Remix (including all rights of copyright including sound recording and performer’s copyright and all property rights) shall be deemed transferred from the creator of such Remix to the Promoter and the creator agrees that he or she will sign any further documentation required to give effect to this clause.

(c) to hereby waive all his or her rights (including his or her moral rights ) to the Remix, and not to exploit, reproduce or use his or her Remix in any manner whatsoever either commercially or for promotional purposes;

(d) that the Promoter shall have the sole and exclusive right to manufacture, advertise, sell, license, communicate to the public, publicly perform or otherwise use, exploit or dispose of all Remixes submitted to this Promotion, as the Promoter solely decides, without any remuneration payable to the entrants of the promotion (including the winner of the Prize) or any other third party and the promoter shall not be required to make any payments in connection with the Remixes submitted to this Promotion or their exploitation,

(e) All entries and Remixes shall be and remain the property of the Promoter and may be used in future commercial and marketing exercises.

Each Entrant agrees that:

(a) the Remix he or she submits will not contain any samples and shall be free of claims from all and any third parties; and

(b) that in the event that the Promoter elects to commercially or promotionally exploit the Remix, that it shall be entitled to use the Entrant’s name in respect of such exploitation.

9. Privacy
The Promoter is bound by the National Privacy Act 1988 (Cth) in relation to the handling of personal information. For further details of the Promoter’s privacy policy please go to www.warnermusic.com.au
Entrant’s personal information ("PI") will be collected to enable the Promoter to administer and promote this promotion and its winner. The PI of the Winner may be provided to others assisting, including prize suppliers and deliverers, and to authorities that regulate this Promotion. Entrants may contact the Promoter at the address given below to request access to any of their collected PI that is held. If an entrant does not truthfully provide all requested PI, the Promoter may determine that they are not eligible to win the prize.

10. Notification Of Winner.
The prize winner will be notified by email and by a follow up call to their mobile or telephone number (as supplied) on Wednesday 25th November 2009.

11. Winner Publication
The Winner shall be published on the websites located at http://www.youtube.com/lasergraffitiremix and www.warnermusic.com.au.

12. Taxes
Any additional taxes which may be payable as a consequence of a winner receiving the prize are the sole responsibility of the winner.

13. No Quality, Etc, Representations
The Promoter makes no representations or warranties as to the quality/suitability/merchantability of any of the goods/services offered as Prizes.

14. Exclusion Of Liability

To the extent permitted by law, the Promoter is not responsible or liable for:
(i) Inaccurate / incorrect transcription of entry information,
(ii) Purported entries that are not received for any reason, including because they are lost or misdirected, or that are received, but are incomplete, or sent other than as directed in the entry instructions,
(iii) Any problems or technical failures of any kind, including malfunction of any telephone network or lines, computer online systems or network, servers or providers, computer equipment, or software,
(iv) The unavailability or inaccessibility of any service whether or not caused by traffic congestion on the Internet or at any Website,
(v) Unauthorised human intervention in any part of the competition,
(vi) Electronic or human error which may occur in the administration of the competition,
(vii) Any loss suffered or sustained, to person or property and including, but not limited to, consequential (including economic) loss by reason of any act or omission, deliberate or negligent, by the Promoter, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods or services by any person to a prize winner.
(viii) Any injury or damage to persons or property, including to the participant's or any other person's computer related to, or resulting from, participation or downloading any materials in this competition.

A winner, must sign and return any liability release and indemnity provided by the Promoter and/or its contractors as a condition of a prize being awarded. Failure to return the signed releases and indemnities will result in the entitlement to the prize being forfeited and the selection of another winner.

This condition does not affect, and is not intended to affect, any rights a consumer might have, which cannot be excluded under applicable consumer protection laws. To the fullest extent permitted by law, any liability of the Promoter or its servant or agents for breach of any such rights is limited to the payment of the cost of having the prize supplied again.

15. Publicity
The winners consent to the use of their name, suburb of residence and image for promotional and marketing purposes and agree to participate in reasonable promotional activities as requested by the Promoter.

16. Tampering And Other Failures
If for any reason this competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration security, fairness, integrity or proper conduct of this competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process or who may benefit from such tampering and, subject to the approval of those authorities that have issued permits for the conduct of this competition, to cancel, terminate, modify or suspend the competition.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR THE INFORMATION ON A WEBSITE, OR TO OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THIS COMPETITION, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WHETHER SUCCESSFUL OR NOT, THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

17. Headings
The headings in these Conditions are for convenience only and do not affect interpretation.

18. Entire Conditions
These conditions constitute the entire agreement of the parties relating to the entry into and the conduct of this Promotion.

19. Promoter
The Promoter is Warner Music Australia Pty Limited ABN 35 000 815 565, 39-47 Albany Street, Crows Nest, NSW, 2065