Warner Music Australia Pty Limited
“‘Let Me Down Slowly’ Alec Benjamin YouTube Channel” Competition
Terms and Conditions
By entering Warner Music Australia Pty Limited’s (“the Promoter”) “ ‘Let Me Down Slowly’ Alec Benjamin YouTube Channel” Competition, you are agreeing to the following terms and conditions:
1.1 Information and instructions on "How to Enter” form part of these conditions of entry. By entering the Competition, you accept and agree to be bound by these conditions of entry.
1.2 This Competition is in no way sponsored, endorsed or administered by, or associated with YouTube. Any questions, comments or complaints regarding this Competition should be directed to the Promoter and not to YouTube
2. WHO CAN ENTER?
2.1 The only persons who may enter and be awarded the prize are those who;
a) are residents of Australia; and
b) are 16 years of age or older; entrants under the age of 18 must seek prior permission from their parent or guardian to enter this Promotion. Any such entrant without this permission is not eligible to enter the Promotion;
c) have a valid email address;
d) have a valid Spotify account (and valid Facebook account if using Facebook Connect to login to Spotify) and/or a valid YouTube/Google account; and
e) are not employees of the Promoter or their associated companies, agencies or families.
(“the Entrant”)
3. THE COMPETITION
3.1 The competition is known as the “‘Let Me Down Slowly’ Alec Benjamin YouTube Channel” Competition.
4. HOW TO ENTER
4.1 The Competition commences on 28 June 2019 at 9.00am (AEST) and concludes on 26 July 2019 at 5.00pm (AEST) (“the Competition Period”).
4.2 To enter via Spotify:
(a) Step 1: Go to the URL located at https://campaigns.topsify.com/app/20017/cover-alec-benjamin-s-let-me-down-slowly-to-win-a-maton-guitar (“the Competition Page”);
(b) Step 2: Follow the prompts on the Competition Page and login to the your Spotify account or use your personal Facebook Connect to login to your Spotify account and accept the terms and conditions.
(c) Step 3: Follow the Alec Benjamin official artist page located at https://open.spotify.com/artist/5IH6FPUwQTxPSXurCrcIov?si=DCWzrHALSeukWkN4OsbFkA (“the Artist’s Spotify Page”) (compulsory);
When you follow the Artist’s Spotify Page on Spotify, the following information will be collected from your Spotify account: your registration data (name, username, email address, date of birth, gender, postal code and country). If you connect to the service using credentials from a Third Party Application (as defined in the Terms and Conditions of Use of Spotify) (e.g., Facebook), you authorise Spotify to collect your authentication information, such as your username and encrypted access credentials, which we will then collect via such Third Party Application. We may also collect other information available on or through your Third Party Application account, including, for example, your name, profile picture, country, hometown, email address, date of birth, gender, friends’ names and profile pictures, and networks.
(d) Step 4: By entering these details on the Competition Page you acknowledge you are opting-in to the Alec Benjamin official mailing list (optional) and the Warner Music Australia official mailing list (optional) and accept the terms and conditions.
4.3 To enter via your YouTube account:
(a) Step 1: Go to the Competition Page;
(b) Step 2: Follow the prompts on the Competition Page and login to your YouTube account and accept the terms and conditions.
(c) Step 3:
When you subscribe the Artist’s YouTube Channel on YouTube you acknowledge you are agreeing to YouTube’s terms of service which can be found here https://www.youtube.com/t/terms and that the information collected and used is in accordance with Google’s privacy policy which can be found at https://policies.google.com/privacy?hl=en-GB&gl=uk
Step 4: By entering via the Competition Page you acknowledge you are opting-in to the Alec Benjamin official mailing list (optional) and the Warner Music Australia official mailing list (optional) and accept the terms and conditions.
4.4 Once entrants have completed Steps 1-4 in either clause 4.2 or 4.3, they will then need to:
(a) Step 5: Follow the prompts on the Competition Page and submit your name, email address, city and mobile number (“Submission Form”).
(b) Step 6: Once you have completed the Submission Form, an email will be sent to you outlining instructions on how to submit a video of you performing a cover version of the Alec Benjamin track entitled “Let Me Down Slowly” (“the Track”).
(c) Step 7: The Entrant must submit a short video under five (5) minutes in length, depicting that Entrant’s performance of the Track (the “Video”). The Video must be unique, meaning it must have been created for the sole purpose of entering this Competition and not have been previously published or posted online or entered into any other competition (whether sponsored by the Promoter or any third party). The Promoter will deem ineligible any Video that was entered in any previous competition or any Video that contains a cover of the Track that was in a video entered in any previous competition. Videos must comply with the following requirements:
Videos must:
(i) Contain the Track in its entirety;
(ii) be created specifically for the Competition (videos that were submitted to previous Promoter competitions or to any other competition will not be accepted);
(iii) be a maximum of five (5) minutes in length;
(iv) be uploaded to YouTube in any format acceptable to YouTube; and
(v) comply with YouTube terms of service and specifications for user submissions and/or video uploads, located at http://www.youtube.com/t/terms , or as may otherwise be posted on YouTube’s website.
Videos must NOT:
(i) contain material that violates or infringes another’s rights, including, but not limited to, material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright or trademark infringement; or
(ii) include third parties, including but not limited to minors, celebrities, and friends who have not expressly authorized Entrant to display their image, likeness, or voice in any submitted Video or otherwise use such image, likeness, or voice in accordance with these Conditions.
(d) Step 8: To enter, an Entrant must submit an embeddable, publicly viewable Video to YouTube on or after 9.00am (AEST) on 28 June 2019. If an Entrant (or a member of an Entrant, if a group) does not already have a YouTube account, Entrant (or a member of Entrant, if a group) will be required to create one.
(e) Step 9: After uploading a Video, the Entrant must send a the publicly viewable video YouTube link to the email address letmedownslowlysubmissions@gmail.com (“the Video Submission Email”).
(“the Entry/Entries”)
4.5 Entries must be received prior to the end of the Competition Period. The time of Entry will in each case be the time entries are received by the Promoter database. No responsibility is accepted for late, incomplete, lost, misdirected or unsuccessful Entries.
4.6 An Entrant should be able to provide, within three (3) days of request by the Promoter or any judges selected by the Promoter, all appropriate clearances, permissions, and releases for the Video to be made publicly available and used by the Promoter in any media and for any purpose, including signed releases from the Entrant, the videographer, and any third parties appearing in the Video.
4.7 Incomplete, corrupted, untimely, or unintelligible Videos or Submission Forms will be disqualified. If for any reason an Entrant’s Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, such Entrant’s sole remedy is another entry in the Competition to the extent the submission of an additional entry is deemed feasible by the Promoter in their sole discretion.
4.8 The Promoter reserves the right to determine, in their sole discretion, which entries have satisfied the entry requirements.
4.9 An eligible entrant must submit an entry in accordance with these official conditions. No other method of submission will be accepted.
4.10 During the Competition Period, no Entrant (or member of an Entrant, if a group) may have a current recording contract or be bound by any obligations to any third party that would conflict with the rights, or interfere with the Promoter’s exercise of the rights, granted herein in accordance with clause 5 of these Conditions.
4.11 By submitting an Entry, each Entrant (or member of an Entrant, if a group) represents and warrants that there are no limits on the rights of the Entrant (or member of an Entrant, if a group) to enter this Competition, nor will any Entrant (or member of an Entrant, if a group) enter into any agreement or assume any obligation that limits the right or ability of that Entrant (or member of that Entrant, if a group) to participate in the Competition, perform, or grant to the Promoter the specified rights as contemplated by clause 5 of these Conditions.
4.12 Each Entrant (or a member of the Entrant, if a group) must be the rightful owner of the e-mail address registered with the YouTube account used to log in and upload the Video (as described in clause 4.4(d) herein). In the event of a dispute as to the identity of the Grand Prize Winner, the Grand Prize Winner will be deemed to be the natural person in whose name the e-mail account that uploaded the Video is registered with YouTube (or the group of which such natural person is a member). The “Authorized Account Holder” is defined as the natural person to whom the e-mail address is assigned by an internet service provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. In the event of a discrepancy between the identity of the Authorized Account Holder, the Grand Prize Winner, and the Entrant (or member of the Entrant, if a group), the Promoter reserve the right, in their sole discretion, to determine whether the entry is valid, or to declare the entry invalid and select an alternate Grand Prize Winner
4.13 Entrants may only enter the Competition once (ie submit one Entry) during the Competition Period.
4.14 Entries must not be insulting or otherwise objectionable or infringe any law or intellectual property right (including copyright) or otherwise breach these terms and conditions, and Promoter reserves the right to disqualify any entrant who submits an entry of the kind described in this clause or for any other reason.
4.15 By entering, each Entrant represents and warrants that such Entrant’s Entry (and the Promoter and their designees’ use thereof) does not and will not defame or otherwise violate the rights of any third party, and does not and will not violate any federal, state, or local laws or ordinances. Each Entrant further represents and warrants that such Entrant has secured the requisite consent from any third party referenced or appearing in such Entrant’s Video, any other musicians appearing in the Video, and any individual who created the Video. The Promoter reserves the right, in their sole discretion, to disqualify any entry if the Promoter or the Competition judges cannot establish that such Entry complies with the Video requirements and other terms of these Terms and Conditions. The Promoter further reserves the right to request that an Entrant re-shoot, edit, or re-submit a Video that the Promoter believes may violate third-party rights, although the Promoter has no obligation to make such a request or to notify any Entrant of any potential or suspect infringements or violations of third-party rights. The Promoter further reserves the right, in their sole discretion, to disqualify any Video they believe is not consistent with the spirit and theme of the Competition.
4.16 To avoid doubt, the Promoter shall be entitled to:
a) display the Videos on the Promoter’s website, YouTube channel (“the Promoter’s YouTube Channel”) and social pages;
b) create a compilation video of a selection of the Videos (“the Compilation Video”) and display the Compilation Video on the Promoter’s YouTube Channel; and
c) use the Videos for promotional purposes to promote the Competition.
4.17 The Entrants whose Videos are selected for use in the Compilation Video will have their Video watermarked with their YouTube handle.
5 GRANT OF RIGHTS
5.1 In consideration of an Entrant's Video being reviewed and evaluated for this Competition, each Entrant (and all members of an Entrant, if a group) hereby grants to the Promoter a non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete, or display such Video, or any portion thereof, in any media now known or hereafter devised and for any purpose, including advertising or promotions, and to use the name, likeness, voice, biographical information, and image of Entrant (and all members of an Entrant, if a group) and any other persons who appear in such Entrant’s Video in any media now known or hereafter devised and for any purpose, including advertising or promotion of the Promoter or any other person or entity at the Promoter’s discretion.
5.2 By entering the Competition, each Entrant warrants that the videographer who recorded that Entrant’s Video has granted to the Entrant a transferable license to the Video, and that the Entrant transfers to the Promoter the right to use the Video, or any portion thereof, including the right to make derivative works or to mix the Video with other videos or elements, in any media for any purpose. Entrant expressly waives any moral rights in the Video.
5.3 In submitting their Entries, each Entrant grants the Promoter an unlimited and irrevocable right and license to use the Video on a gratis, royalty-free basis in any media and in any manner, for any purpose, including the right to mix the Video with other videos or elements, or to make derivative works (including but not limited to the Compilation Video).
5.4 The Entrant grants to the Promoter any synchronization, mechanical, or public performance rights necessary to use the music or Video in any media (including platforms that may not have PRO licenses) and for any purpose. Each Entrant authorizes the Promoter and any entities affiliated or in privity with the Promoter to utilize, for eternity and in any manner they see fit, the Video, and to make derivative works from such materials.
6. HOW TO WIN
6.1 The judging period begins on 27 July 2019 and ends on or about 30 July 2019 (“the Judging Period”). All Video’s that meet the Video requirements listed in clause 4 above will be reviewed by a panel of judges (to be nominated by the Promoter in its sole discretion) (“the Judges”) . Videos will be judged on the following criteria (i) musical quality and appeal; (ii) originality and creativity and (iii) stage presence and charisma. The decision of the Judges is final and the Promoter will not enter into any negotiations regarding the Competition results.
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7.2
6.2 The potential Grand Prize Winner and Runners’ Up, as determined by the Judges, will be notified by e-mail (via the e-mail address listed on the Submission Form) on or about 30 July 2019 (“the Winner Notification”), and will be required to respond (as directed) to the notification attempt. Failure to respond timely to the notification may result in forfeiture of participation in the Competition and, in such case, the Promoter will select an alternate Grand Prize Winner and/or Runner Up (as applicable) according to the Judges’ results. The potential Grand Prize Winner (or all members of the potential Grand Prize Winner, if a group) and each Runner Up (or all members of the potential Runner Up, if a group) will be required to execute and return evidence of eligibility and other documents required by the Promoter within a reasonable amount of time, as determined by the Promoter in their sole discretion. If the potential Grand Prize Winner and/or Runner Up cannot be contacted by e-mail after the first attempt, or if the potential Grand Prize Winner (or any member of the potential Grand Prize Winner, if a group) or each Runner Up (or all members of the potential Runner Up, if a group) fails to sign and return the evidence of eligibility within the required time period (if applicable), the potential Grand Prize Winner or Runner Up (as applicable) will be disqualified and an alternate Entry will be selected in its place from all eligible Entries received according to the judging criteria described above. The Promoter reserves the right to extend or modify the Winner Notification and announcement schedule as the Promoter deems necessary in their sole discretion to complete the verification process contemplated by these Conditions and/or to select an alternate Grand Prize Winner and/or Runner Up.
6.3 An announcement of the Winners will be made available on the Warner Music Australia Facebook page located at www.facebook.com/WarnerMusicAU and the Warner Music Australia official website located at www.warnermusic.com.au from 30 July 2019.
7 PRIZES
7.1 There will be one Grand Prize Winner and five (5) Runners Up (individually and collectively referred to as “the Winners”) for the entire Competition.
7.2 The Grand Prize Winner will win the following prize package:
a) The Grand Prize Winner’s Video to feature at the top of a dedicated YouTube playlist hosted on the Artist’s YouTube Channel.
b) One (1) x Maton acoustic guitar (retail value approx. A$1,049.00)
7.3 Each Runner Up will win the following prize package:
a) The Runner Up’s Video to feature on a dedicated YouTube playlist hosted on the Artist’s YouTube Channel.
b) One (1) x Big Music online giftcard (retail value approx. A$100.00)
7.8 By accepting the prize each Winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the prize including being interviewed, photographed and/or filmed.
7.9 It is a condition of accepting the prize that each Winner must comply with all the conditions of use of the prize and prize supplier’s requirements.
7.10 It is a condition of accepting the prize that each Winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.
7.11 Each Winner (and their companion) are responsible for all expenses including travel to and from their Selected Show, spending money, meals, drinks, activities, incidentals, taxes, fuel surcharges, gratuities, services charges, travel insurance and all other ancillary costs.
8. NO LIABILITY
8.1 To the fullest extent permitted by law, the Promoter and its affiliates, associated agencies and companies (together called ‘Warner) will not be liable or responsible for any loss (including direct, indirect and consequential loss), costs (including legal costs), damage or injury to property or person that is suffered or incurred as a result of or in connection with:
(a) the Competition including participating in any prize;
(b) any late, lost or misdirected entries or failure to receive any Entry in the Competition;
(c) any prizes damaged or lost in transit;
(d) any travel won in or in connection with the Competition;
(e) any problem, failure, delay, unavailability or inaccessibility with, of or to any communications network, service or transmission (including telephone, Internet or website);
(f) any cancellation, modification or suspension of the Competition in accordance with clause 8.2 or clause 8.3;
(g) any unauthorised human intervention in any part of the Competition (including but not limited to theft, destruction, alteration or unauthorized access of or to any entries);
(h) any electronic or human error which may occur in the proper administration of the Competition;
(i) 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 and, where applicable, to any persons accompanying a prize Winner;
(j) any circumstances outside the Promoter’s reasonable control.
This clause does not operate to limit the rights or obligations of the parties imposed by the operation of the Australian Consumer Law (being Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (ACL) to the extent that they may not be limited or excluded, in which case the terms of the ACL shall apply.
8.2 In the event that any event or action outside the Promoter’s control prevents or significantly hinders the Promoter’s ability to proceed with the Competition on the dates and in the manner described in these terms and conditions (including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war and act of terrorism), the Promoter may in its absolute discretion cancel the Competition and recommence it from the start at another time on the same conditions. If the Competition is regulated by any applicable government body, the cancellation or recommencement of the Competition will be subject to any requirements imposed by such body.
8.3 If for any reason this Competition is not capable of running as planned due to causes beyond the control of the Promoter which affect the proper conduct of this Competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process and/or take any other action against that individual that may be available, and to cancel, terminate, modify or suspend the Competition subject to the requirements of any relevant government body that regulates the running of the Competition.
8.4 All Winners are responsible for obtaining their own independent legal advice.
9. ENTRANT REPRESENTATIONS, WARRANTIES, INDEMNIFICATION, AND RELEASE.
9.1 By entering, each Entrant represents and warrants to the Promoter that:
(a) the Video is an original work and is not copied from any other source or previously broadcast or otherwise distributed or disseminated in any media or format, and that the videographer agrees to grants to the Promoter an unlimited, unrestricted right and license to use the Video for all purposes in all media and as described herein;
(b) the Video is not in the public domain; and
(c) the Video is not in violation of or conflict with the trademark, copyright, rights of privacy, rights of publicity, or any other rights, of any kind or nature, of any other person or entity.
9.2 Each Entrant agrees to defend and indemnify the Promoter for any breach of the above representations. By submitting an Entry, each Entrant agrees to indemnify, defend, release, discharge, and hold harmless the Promoter and their parent companies, affiliates, subsidiaries, promotional partners, Member stations, and agents, and all others associated with the development and execution of this Competition, and the officers, directors, and employees of each of the foregoing, from any and all claims and liabilities arising from or in connection with participation in this Competition, including, without limitation: (a) claims for injury, loss, or damage of any kind resulting from participation in this Competition or acceptance or use of any prize; and (b) claims based on rights of privacy, rights of publicity, false light, defamation, copyright, and/or trademark infringement relating to the submission or exploitation of the Entrant’s Video.
9.3 Each Entrant further agrees to release YouTube from any and all liability associated with this Competition or receipt or use of any prizes.
10. PRIVACY
10.1 The Promoter is bound by the 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.
Entry details remain the property of the Promoter and its related entities. The Promoter is collecting the entrant's personal information for the purpose of conducting and promoting this Competition (including but not limited to determining and notifying the Winners), and, for the purpose of sending you information relating to the Competition and direct marketing material in relation to programs and products and services available through the Promoter. The Promoter is collecting each entrants e-mail address for the official Alec Benjamin Mailing List (optional) and the Warner Music Australia Mailing List (optional), and Your Entry must not include someone else’s personal information unless you have that person’s agreement for the Promoter to handle that information as described in these Conditions. The entrant may request access to his or her personal information held by the Promoter by writing to the Digital Marketing Manager at 39 – 47 Albany Street, Crows Nest New South Wales, 2065.
11. HEADINGS
11.1 The headings in these Conditions are for convenience only and do not affect interpretation.
12. JURISDICTION
12.1 These terms and conditions are governed by the laws of New South Wales.
13. ENTIRE CONDITIONS
13.1 These conditions constitute the entire agreement of the parties relating to the entry into and the conduct of this Competition
14. PROMOTER’S DETAILS
14.1 The Promoter is Warner Music Australia Pty Limited (ABN 35 000 815 565) of 39 – 47 Albany Street, Crows Nest NSW 2065