BMG PRODUCTION MUSIC x TELE MUSIC HIDDEN HIT MAKER’S SAMPLE CHALLENGE TERMS & CONDITIONS

NO PURCHASE NECESSARY TO ENTER OR WIN THIS CONTEST. VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE REGISTRATION OR BONDING REQUIRED.

 

1                Overview
 

1.1            This competition is promoted by BMG Production Music (UK) Limited, whose registered office is located at 8th Floor, 5 Merchant Square, London W2 1AS (“we”, “us”, “our”).

1.2            Upon entering this competition:

(a) you will be deemed to have understood and accepted these terms and conditions (“Rules”) and agree to be bound by them; and

(b) we will immediately and automatically own all right, title and interest in and to your submission (“Entry”), including the copyright in and to the musical composition and master recording submitted in your Entry for the full duration of copyright.

1.3            Your Entry must be new and original to you and must not include any third party content (such as samples).

1.4            Entries that do not comply with these Rules will be void and will not be entered into this competition.

1.5            You may only submit one Entry to this competition and you may not submit an Entry in collaboration with anyone else. Any additional entries will be void and will not be entered into this competition.

 

2                How to enter

In order to enter this competition, please follow the following steps:

Step 1: Go to https://www.bmgproductionmusic.co.uk/uk/Sample (“Website”) and download one of the tracks (each a “Track”) made available for download on SoundCloud and Dropbox.

Step 2: Create a new and original, fully mixed and mastered musical composition and master recording including samples from your chosen Track with a duration of no greater than 3 minutes 45 seconds.

Step 3: Upload your Entry to SoundCloud with the tag #BMGPMSAMPLE and ensure you include details of your chosen Track in the title of your Entry.

Step 4:  Submit your Entry by completing all required fields in the submission form, ensuring to include a valid and working URL to your Entry uploaded on SoundCloud.  

 

3                Eligibility

3.1            This competition is open to legal persons aged 18 years or over, except for our (and our group companies’) employees, workers or consultants or members of the immediate families or households of such employees, workers or consultants.

3.2            In entering this competition, you confirm that you are eligible to do so and eligible to claim the prize. We may require you to provide proof that you are eligible to enter this competition.

3.3            We will not accept competition entries that are: (a) automatically generated by computer; (b) completed by third parties or in bulk; or (c) incomplete.

3.4            We reserve the right to disqualify you if your conduct is contrary to the spirit or intention of this competition.

 

4                Entry period

4.1            This competition will start at 6pm GMT+1 on Friday 3 April 2020.

4.2            The closing date for this competition will be Monday 20 April 2020 at 6pm GMT+1. Entries received by us after this time will be void and will not be entered into this competition.

 

5                Selection of the winners

5.1            Ten different winning entries will be selected in total:

(a) One winning entry will be chosen for each of the following five categories: (i) Most Creative; (ii) Dancefloor Filler; (iii) Best Airplay Potential; (iv) Most Synchable Tune; and (v) Best Production Quality. Details of these categories are set out on the Website.

(b) Five winning entries will be chosen from the most “liked” entries on SoundCloud.

5.2            The winners of this competition will be the submissions chosen by a panel of judges, including at least one independent member, to be the ten most creative, original and high-quality of all entries correctly submitted in accordance with these Rules. The names of the judges are available on request.

5.3            All decisions of the judges are final and no correspondence will be entered into in respect of such decisions.

 

6                Prizes

Each winner will win £250, an assortment of BMG Production Music and Tele Music branded merchandise, and the winning entries will form part of an album for inclusion and release as part of the Tele Music production music catalogue. Winners will be entitled to receive 50% of the net synchronisation and mechanical royalties attributable to the exploitation of their Entry (and shall be entitled to collect the so-called “writer’s share” of performance income direct from the applicable performing rights organisations throughout the world) and any profits retained by BMG Production Music from such exploitation will be donated to charity. The prizes are non-transferable and there are no alternative prizes available.

 

7                Notification of the results and receipt of the prize

7.1            We will notify the winners by email on or before Monday 27 April 2020. If a winner fails to respond within 14 days of the date of the notification, we reserve the right to select a new winner in place of the original winner.

7.2            Provided the winners have adhered to these Rules, the winners will receive their prizes on or before 31 May 2020.

 

8                Licence to download the Track

8.1            Solely for the purposes of entering this competition and submitting your Entry, you may download from the Website, reproduce and edit the Track for the purposes of sampling the Track in your Entry. No further rights are granted in the Track or vested in you by the act of downloading the Track, including without limitation any rights in and to the musical composition and lyrics embodied on the Track. You may not (and may not permit any third party to) use, reproduce, make available, distribute, publicly perform, sell, assign, transfer, grant, license or upload the Track or your Entry other than as expressly provided in these Rules.

8.2            By entering the competition, you represent and warrant that your Entry is unencumbered and original to you. IF YOU USE CONTENT THAT YOU ARE NOT AUTHORISED TO USE, YOU ARE NOT ENTITLED TO ENTER THIS CONTEST AND YOUR ENTRY WILL AUTOMATICALLY BE DISQUALIFIED.

 

9                Ownership of your Entry

9.1            Upon entering this competition, we shall immediately and automatically own the copyright (and any other applicable intellectual property rights) in your Entry and in any modifications that we or any third parties make to it. By submitting your Entry and accepting these Rules, which you acknowledge will be equivalent to a physical signature, you confirm and agree that:

(a) you assign the copyright and all other applicable intellectual property rights (in both cases, currently existing and future) in your Entry to us on a worldwide, perpetual, irrevocably and royalty-free basis, for any and all purposes and exploitation by us and our licensees SUBJECT TO the rights of any performing rights organisations throughout the world;

(b) you agree that we and our designees will, from inception, own all right, title and interest in your Entry (including, but not limited to, the copyrights in the sound recording) in perpetuity, free from any claims by you or any other person;

(c) you waive your moral rights in your Entry;

(d) you agree that we and our affiliates shall have the right to use your Entry and your name and likeness in any and all media in and in connection with promotion, publicity, marketing and advertising for and by us and our affiliates, and in connection with this competition or other competitions by us or our affiliates as we or our affiliates see fit without any further notification or compensation to you;

(e) you agree that we have no obligation (express or implied) to use your Entry in any manner and you will not be entitled to damages or other relief by reason of our use or non-use of your Entry;

(f) you shall enter into any additional documentation reasonably required by us to confirm the assignment and grant of the rights granted in accordance with this paragraph 9; and

(g) you shall indemnify and keep indemnified us and our affiliates against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, legal costs and all other professional costs and expenses) suffered or incurred by us and/or our affiliates arising out of or in connection with any breach by you of these Rules and/or any claim made against us and/or our affiliates for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with our and/or our affiliates’ use and exploitation of your Entry in accordance with these Rules.

9.2            You confirm that:

(a) your Entry is your own original work and does not infringe any third party’s intellectual property rights (for example, by including a sample);

(b) your Entry is not defamatory, offensive, threatening, discriminatory, distasteful, pornographic or illegal;

(c) your Entry can be submitted to us and used without breaching any contractual obligation to any person; and

(d) you have obtained the written consent of any contributors featuring on your Entry (such as performers) to enable us to fully exercise the rights granted to us under these Rules and you shall be solely responsible for the payment of such contributors. We may ask you for evidence of any such consent and reserve the right to disqualify your Entry if you are unable to provide it or if we have doubts about its adequacy.

9.3            Despite anything to the contrary in these Rules:

(a) we hereby grant you a limited, revocable, personal licence to make available your Entry on your own personal SoundCloud page provided that it is made available on a non-commercial basis only. For the avoidance of doubt, the rights granted to you in this clause do not include the right to (i) synchronise your Entry with audio or audio-visual content; and/or (ii) commercially release, sell or distribute your Entry in physical or digital format; and

(b) we shall not commercially exploit any non-winning entry without the prior written consent of the applicable entrant(s).

 

10             Publicity and personal information

10.1         The promoter will use your personal information only in accordance with these Rules and our privacy notice, set out here: https://www.bmg.com/de/privacy-statements-business-contacts.html

10.2         The surname and country of each winner can be obtained by sending a stamped, self-addressed envelope to us at the address set out in paragraph 1 above.

10.3         If you do not want your surname and country included on the list of winners referred to above, you must notify us a reasonable period of time before the closing date of this competition.

10.4         You acknowledge that you may be asked to participate in publicity if you are selected as a winner.

 

11             General

11.1         We reserve the right to hold void, suspend, cancel or amend this competition where it becomes necessary to do so.

11.2         While nothing in these Rules will limit our liability for death or personal injury caused by our negligence or for fraud, we will not be legally responsible to you for any losses that were not foreseeable to us or to you at the time you entered into this competition or which are caused by a third party.

11.3         These Rules shall be governed by and construed in accordance with the laws of England and any disputes shall be subject to the non-exclusive jurisdiction of the English courts.

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