Terms & Conditions

My World Tour - Conditions of Entry

 

1 Introduction

 

Thank you for your interest in entering Universal Music's My World Tour competition.

 

The My World Tour competition is operated and promoted by Universal Music Australia Pty Limited (ACN 000 158 592) (Universal, we, our or us).

 

Your entry into and participation in the My World Tour competition is subject to these Conditions of Entry. By submitting an entry into the My World Tour competition you acknowledge that you have read and understood and agree to be bound by these Conditions of Entry.

 

Entry for the My World Tour competition opens at 5:00pm Australian Eastern Standard Time (AEST) on 16 September 2009 and closes at 11:59pm AEST on 14th January 2010 (the Competition Entry Period).

 

We and our related bodies corporate (as defined in the Corporations Act 2001 (Cth)), agents, representatives and licensors and any persons authorised by such entities (including any sponsors of the My World Tour competition that are listed on the Website, or otherwise specified by Universal from time to time) will be referred to individually and collectively as the Universal Entities in these Conditions of Entry. The primary website address for the My World Tour competition is www.myworldtour.com.au. This, and all associated Universal webpages or sites linked to it (including any related mobile phone messages or material), are referred to in these Conditions of Entry as the Website.

 

2 Who is eligible to enter?

 

The My World Tour competition is open to individuals who:

 

(a) are citizens or permanent residents of Australia;

 

(b) are at least 18 years of age at the commencement of the Competition Entry Period;

 

(c) hold a valid passport and are not barred from entry into the United States, Germany, the United Kingdom, Spain or Japan;

 

(d) are not (and none of their immediate family or people they are living with are) employees, officers, directors or agents of Universal or any sponsor associated with My World Tour; and

 

(e) submit a valid entry in accordance with these Conditions of Entry during the Competition Entry Period

 

(each an Eligible Person).

 

If you enter into the My World Tour competition, we reserve the right to request evidence of your eligibility and/or identity and/or ask you to undergo a probity check at any time. If you fail to provide such evidence or undergo a probity check within a reasonable time, or if you provide false, misleading or inaccurate information, we may disqualify you from the My World Tour competition.

 

You must inform us if you have entered into or enter into any commercial, contractual, sponsorship or other agreement or arrangement with any person, firm or company in respect of your name, likeness, image or biography. We may take this into account in our selection process.

 

You must also inform us if you have or receive any criminal convictions, in which case we may reject or disqualify your Entry in our sole discretion.

 

3 How to Enter

 

In order to enter the My World Tour competition, an Eligible Person must create one valid profile page on the Website. To create a valid profile page, an Eligible Person must follow all of the instructions on the Website, including inserting the minimum required information (being correct personal information and an accompanying identifying photograph of the Eligible Person). The information and instructions on the Website about how to complete a valid profile page and enter the My World Tour competition are deemed to be incorporated into, and form a part of, these Conditions of Entry.

 

Upon completion of a valid profile page, each Eligible Person becomes an Entrant and is entitled to one entry in the My World Tour competition (an Entry).

 

Multiple entries are not permitted, but we may, at our sole discretion, allow you to update or amend your Entry during the Competition Entry Period, including by uploading additional content (such as videos and 'blog'-style entries) to enhance your profile page.

 

You acknowledge that your personal details will be stored and used by us in accordance with our applicable Privacy Policy, which is available at http://getmusic.com.au/privacypolicy.

 

You must bear your own costs and expenses associated with the preparation of your Entry and your participation in the My World Tour competition, including travel costs, unless otherwise specified on the Website or in these Conditions of Entry, or agreed by us in advance in writing.

You acknowledge that we have no obligation to select you to participate in any phase of the My World Tour competition and that we may disqualify or eliminate your Entry at any time without notice for any reason.

 

4 Prizes and judging

 

At the conclusion of the Competition Entry Period, six (6) finalists will be selected from among the Entrants and will progress to the next phase of the My World Tour competition (Finalists). We will select the Finalists on the basis of a combination of public votes for Entrants, and voting by a panel of judges appointed by Universal (the identity of the judges will be revealed during the Competition Entry Period) (Judges). Finalists will be announced at 5:00pm AEST on 18 January 2010. Finalists will be required to attend further orientation regarding the My World Tour competition under the supervision, and at the sole expense, of Universal, including attendance at Good Vibrations Festival on 13 February 2010 as guests of Universal.

 

We will select the winners of the My World Tour competition from among the Finalists on the basis of a combination of public votes and voting by the Judges (Winners). Winners will be announced at 5:00pm AEST on 18 January 2010.

 

Each Finalist will receive the prize outlined below as specific to a Finalist (Finalist Prize) and each Winner will receive the prize outlined below as specific to a Winner (Winner Prize) (collectively referred to as the Prizes).We anticipate that two Winners will be selected, but we reserve the right to select a greater or lesser number of Winners.

 

The My World Tour competition is a game of skill. Chance plays no role in determining the Winners.

 

In the event that following the voting by the Judges and/or the public, there is a tie between two or more Entrants or Finalists, we may determine in our sole discretion which Entrant becomes a Finalist or which Finalist is declared a Winner (as the case may be), or whether all tied Entrants or Finalists will progress to the next phase of the My World Tour competition. For this purpose we may make such arrangements, or request such further material from the Entrants and/or Finalists, as we consider necessary to make such a determination.

 

Any stated selection criteria or desirable characteristics for selecting Entrants or Finalists for subsequent phases of the My World Tour competition are provided by way of guidance only, so that entrants are aware of the types of things that we may take into consideration during selection. These selection criteria or desirable characteristics are not exhaustive, are not listed in order of precedence and may not all be taken into account or be given equal consideration by us.

 

In evaluating an Entry, we may take into account not only the information provided in the Entry, but also any other information that we may obtain which we consider relevant to the evaluation of an Entry.

 

The selection of Entrants or Finalists for subsequent phases of the My World Tour competition is at our sole discretion. The decision of the Judges and/or the votes of the public are final and no correspondence will be entered into.

 

All Prizes are accepted at the Finalist's or Winner's risk (as applicable) and we exclude all warranties in connection with the Prizes, to the extent permitted by law. The Finalists and Winners are responsible for any taxes payable as a result of a Prize being awarded or received.

 

Details of all Prizes will be determined by us in our sole discretion and we may substitute alternative Prizes (in our sole discretion). All Prizes are not transferable or exchangeable and, except as substituted by us, cannot be taken in any other form, including cash.

 

If one or more of the Finalists and/or Winners of the My World Tour competition are not available or willing to accept the relevant Prizes, we reserve the right (in our sole discretion and without necessarily having regard to any votes of the public) to select and announce one or more replacement Entrant(s) as the Finalist(s) and/or Winner(s) (as the case may be).

 

Details of the Prizes are as follows:

 

The Winner Prize:

 

Each Winner will receive the following:

• - Flights and/or other transport to all events (including festivals) included in the My World Tour competition itinerary.
• - 1 x Blackberry (including capped phone plan) (model to be confirmed).
• - International accommodation credit to the value of AU$5,000 for use via www.lastminute.com.au.
• - Tickets and passes to all events (including festivals) included in My World Tour competition itinerary.
• - Pre-arranged interview opportunities with Artist(s) performing at events (including festivals) included in the My World Tour competition itinerary.
• - Daily allowance/salary to the value of AU$123 for each day on which the Winner is performing the duties of his/her employment, as specified in the Agreement (defined below).
• - 1 x festival pack including tent, sleeping bag, backpack, floor mat, wet wipes etc
  

 

In addition, the Winners will share use of the following items for the duration of the My World Tour competition:

 

• - 1 x Laptop (model to be confirmed) (including capped internet plan).
• - 1 x digital video camera (model to be confirmed).
  

 

The Finalist Prize

 

Each Finalist will receive the following:

 

• - Flights to Sydney  on 13 February 2009 to attend Good Vibrations festival, Sydney
• - Transfers to and from accommodation and Sydney Domestic Terminal.
• - One nights accommodation (details to be confirmed).
• - 2 x Cabcharge vouchers for use between accommodation and Good Vibrations festival, Sydney.
• - 1 x ticket to Good Vibrations festival, Sydney.
• - Per diem cash allowance for 2 days (amount to be confirmed).
• - 1 x Blackberry (handset only) (model to be confirmed).
  

 

5 Later phases of the My World Tour competition

 

If you are selected as one of the Finalists to attend the Good Vibrations Festival (or any other similar event of our choosing), it is a condition of your ongoing participation in the My World Tour competition that you:

 

(a) make yourself available:

 

(i) for approximately 20 weeks between March and September 2010 (exact dates to be confirmed); and

 

(ii) at all other times and places required by us to participate in the My World Tour competition and publicity for the My World Tour competition;

 

(b) are willing and able to travel to the stated locations as part of the My World Tour competition;

 

(c) submit medical information to us promptly upon request, and submit to any medical examinations or probity or background checks that may be necessary to establish that you are able to travel to the locations described in the relevant Prize(s);

 

(d) with the benefit of independent legal advice (paid for by us and given by a lawyer appointed by us), enter into a contract with us, which will govern the relationship between you and Universal, and which will include temporary employment for a series of short periods should you be selected as a Winner (Agreement). Should you fail to enter into the Agreement prior to 5 February 2010 (or such later date as we may specify) for any reason, we reserve the right to disqualify you from the My World Tour competition. The Agreement will only become fully effective for the Winners, though a number of terms will apply regardless. The following are some of the provisions we anticipate including in the Agreement:

 

(i) the terms and conditions of your temporary employment with Universal, including the periods during which you will be required to perform the duties of that employment;

 

(ii) waivers and releases from you regarding your participation in the My World Tour assignment;

 

(iii) the ability for us to direct you in your video reports and interviews and to edit any content you provide to us;

 

(iv) provisions that appropriately allocate the risks between the parties; and

 

(v) rights for us to enter into publicity arrangements with you, which rights will apply even if you are not selected as a Winner.

 

6 Your conduct

 

Your involvement in the My World Tour competition may reflect on the Universal Entities, and you must not:

 

(a) hold yourself out as or otherwise represent that you are the agent of any Universal Entity or otherwise affiliated with any Universal Entity except as expressly provided for in the Agreement; or

 

(b) bring any Universal Entity into disrepute or make any disparaging comments about any Universal Entity in relation to the My World Tour competition.

 

You must at all times behave appropriately and in accordance with the law at all times when taking part in the My World Tour competition and observe these Conditions of Entry. If you break any of these obligations, we reserve the right in our sole discretion to eliminate you from the My World Tour competition and/or remove you from any location at which you are located when participating in the My World Tour competition (including any music festival event that you attend as part of your participation in the My World Tour competition).

 

7 Intellectual Property and moral rights

 

Your Entry and other information, presentations, written or oral statements, photographs or images, video or audio recordings or materials you communicate or provide to us in connection with your Entry is referred to in these Conditions of Entry as your Material. You represent, warrant and undertake on a continuting basis that:

 

(a) you own your Material or are authorised to grant the licences described in these Conditions of Entry;

 

(b) your Material (and the use of your Material by any Universal Entity in accordance with these Conditions of Entry) will not infringe the intellectual property rights, moral rights or other rights of, or breach any obligations of confidence owed to, any person;

 

(c) you have obtained all third party rights, consents, clearances and licences necessary for use by any Universal Entity in accordance with these Conditions of Entry (including music rights clearances, clearances from all relevant copyright collecting societies and any relevant consents and waivers in relation to moral rights);

 

(d) nothing contained in your Material will be designed or likely to bring any Universal Entity or the My World Tour competition into disrepute and you will advise us of any information of which you become aware which could bring a Universal Entity or the My World Tour competition into disrepute;

 

(e) your Material will not contain anything which is obscene, defamatory or offensive or which contravenes any applicable law; and

 

(f) your Material will not contain any viruses or other malicious computer programs that may damage, modify or delete any of the information on the Website or affect the proper operation of the Website or the My World Tour competition; and

 

(g) your Material will at all times be up to date, true, accurate and not misleading.

 

Without limiting any other rights we may have under these Conditions of Entry or otherwise, we may remove your Material from the Website and/or disqualify you from the My World Tour competition if you violate these obligations, or if we otherwise consider any of your Material to be offensive or inappropriate in any way.

 

You (or your licensors) retain ownership of all intellectual property rights in your Entry and your Material. You grant each Universal Entity a royalty-free, perpetual, irrevocable, worldwide licence to use, copy, modify, communicate to the public, publish and distribute your Material in all media (including on a commercial basis), and to permit others to do any of these things. You grant this licence to us on an exclusive basis until the Winners are announced, and from then on:

 

(a) on an exclusive basis if you are selected as one of the Finalists; or

 

(b) on a non-exclusive basis if you are not selected as one of the Finalists.

 

During any period of exclusivity, you must not use, copy, modify, communicate to the public, publish or distribute your Material (apart from your personal details) in any media or permit others to do so unless you first obtain our written consent. In addition, Universal Entities may, but are not obliged to, publicise your involvement in the My World Tour competition as they see fit, including via the Website.

 

You acknowledge that we may not be able to prevent unauthorised use of your Entry or your Material while it is on, or available via, the Website, and you release us and all Universal Entities from all liability associated with any unauthorised use of your Material by a third party.

 

You acknowledge and agree that no Universal Entity will be liable to you and that you will have no claim against any Universal Entity or any other person for any act or omission by any Universal Entity arising in connection with any prejudicial or derogatory portrayal or representation of you and/or any other act or omission which might constitute an infringement of your copyright or moral rights. In all other respects, you irrevocably waive to the extent permissible by law and agree never to:

 

(a) assert against any Universal Entity any moral rights arising out of or in connection with your Material; or

 

(b) institute any action on the ground that any changes, deletions, additions or other use of your Entry or your Material violates your moral rights.

 

All intellectual property rights in these Conditions of Entry, in material on the Website and any other information we disclose to you are retained by us (or our licensors).

 

8 General rules of the My World Tour competition

 

While the Website describes our intention as at the time the Website was created, we are not under an obligation to follow the anticipated process or timetable and we reserve the right at any time and for any reason to do any of the following in our sole discretion and without liability to you:

 

(a) vary the My World Tour competition, including any applicable dates or timeframes, in which case we will use reasonable endeavours to provide entrants with notice of changes to the dates or timeframes, either by email or by publishing changes on the Website;

 

(b) terminate, modify or suspend the My World Tour competition;

 

(c) replace any Entrant who for any reason is eliminated or disqualified from or unable to participate in the My World Tour competition with another replacement Entrant, notwithstanding that any replacement Entrant may have been previously eliminated from the My World Tour competition;

 

(d) proceed in a manner other than that described on the Website; or

 

(e) adopt different approaches with different Entrants or other individuals and enter into separate discussions with Entrants or other individuals in order to negotiate with, or provide any benefit to, any Entrant or other individual during or after the My World Tour competition, in our sole discretion.

 

We will not be responsible for any problems or technical malfunction of any online computer systems, servers or providers, computer equipment, software or failure of any email or entry to be received by us on account of technical problems or traffic congestion on the Internet or any mobile network.

 

9 Our liability to you

 

To the maximum extent permitted by law:

 

(a) Universal Entities have no responsibility in relation to your participation in the My World Tour competition or the preparation of your Entry and you will bear all risks associated with your participation in the My World Tour competition. Further, Universal Entities will have no liability to you whatsoever if you are prevented or unable to attend or take part in the My World Tour competition for any reason;

 

(b) Universal Entities' maximum aggregate liability under or in relation to these Conditions of Entry or the My World Tour competition, whether in contract, tort (including negligence), in equity, under statute, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to AU$20,000; and

 

(c) Universal Entities are not liable for, and no measure of damages payable by Universal Entities will, under any circumstances, include:

 

(i) special, indirect, consequential, incidental or punitive damages; or

 

(ii) damages for loss of opportunity, profits, revenue or goodwill, whether in contract, tort (including negligence), in equity, under statute, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

 

10 Your liability to us

 

Without limiting any other rights we may have under these Conditions of Entry or otherwise, you agree to defend, indemnify and hold Universal Entities and their respective officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities and settlements, including reasonable legal and accounting fees, arising in connection with:

 

(a) any breach by you of these Conditions of Entry;

 

(b) any negligent, fraudulent or unlawful act or omission by you; or

 

(c) the infringement or alleged infringement of a third party's intellectual property rights, moral rights or other rights or breach of confidence arising directly or indirectly from the use of your Material in accordance with these Conditions of Entry.

 

11 General matters

 

(a) Nothing in these Conditions of Entry is intended to, or will be construed as, creating a relationship of employer and employee, principal and agent, joint venture or partnership between you and any Universal Entity.

 

(b) If any part of these Conditions of Entry is held to be invalid or unenforceable, only that part will be amended or severed to the extent of any invalidity without affecting the validity of the remaining provisions.

 

(c) These Conditions of Entry are governed by the law in force in the State of New South Wales, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them for determining any dispute concerning these Conditions of Entry.

 

(d) Clauses 7, 9, 10 and 11 and any other provisions of these Conditions of Entry which by their nature survive termination or expiry of these Conditions of Entry will survive termination or expiry of these Conditions of Entry.

 

(e) If a party does not act in relation to a breach by the other party of these Conditions of Entry, this does not waive the non-breaching party's right to act with respect to subsequent or similar breaches.

 

(f) These Conditions of Entry constitute the entire agreement between us and you in relation to the My World Tour competition and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the My World Tour competition.

 

(g) The words 'including', 'such as', 'particularly' and similar expressions are not used as, nor are intended to be, interpreted as words of limitation.

 

(h) We may notify you via any of the contact details you supply as part of your Entry. An email sent to you will be regarded as given and received 24 hours after the email was sent, unless we receive notification that the email was not delivered.

 

Universal Music Australia Pty Limited (ACN 000 158 592)

 

11 November 2009