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This competition will be governed by these terms and conditions ("Terms"). By entering the competition and by clicking the "I Agree" button on the entry page you confirm that you have read and understood these Terms and agree to be bound by them.
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Entrants may enter the competition by submitting creative works based on the theme "Travelling in Time" ("Creative Material"). Entries must be submitted online at url: www.swatchmtvplayground.com, www.mtvplayground.com or www.swatchplayground.com (the "Playground Website(s)"). The Creative Material must be submitted in accordance with the technical specification set out on the Playground Website(s). Costs to enter the competition via the Internet may vary so please check with your network operator for current charges and seek the permission of the person paying the bill before entering.
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The closing date for entries is 15:00 Greenwich Mean Time (GMT) on 10th November 2009. The competition is open to Students and Professional Artists (both as defined below) resident in: Austria, Belgium, Bulgaria, China, Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, Kazakhstan, Korea, Latvia, Lithuania, Luxembourg, Malaysia, Malta, Moldova, Netherlands, Norway, Poland, Portugal, Singapore, Slovak Republic, Spain, Sweden, Switzerland, Taiwan, Turkey and United Kingdom aged 18 years and over at the time of entry, excluding employees and immediate relatives of employees of MTV Networks Europe (the "Promoter") and/or Swatch S.A. and/or of their respective parents, subsidiaries or affiliated companies or any other person professionally connected with this competition.
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All entries must include name, date of birth, address, (including postcode), whether at the time of entry the entrant (a) is enrolled at an academic institution to study an art-related subject, including, but not limited to, music, film, print design, 2D animation, 3D animation, motion design, illustration or fashion (“Student”); or (b) is a professional in an artistic field, including, but not limited to, music, film, print design, 2D animation, 3D animation, motion design, illustration fashion or is involved in some other profession or studies (“Professional Artist/Other“), the name of the Student’s academic institution (if applicable), email address, preferred language, gender and submitted Creative Material which complies with these Terms and the technical specification set out on the Playground Website(s).
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The Promoter shall select its favorite fifteen (15) entries submitted by Students and its favorite fifteen (15) entries submitted by Professional Artists/Others based on the following criteria:
the clarity of the idea behind the Creative Material and the degree of innovation behind the concept; and the originality and design of the Creative Material. A panel of judges (comprising at least one (1) independent judge with a background in art plus one representative of Swatch S.A. and one representative of the Promoter) will then shortlist 9 entries received from Students and 9 entries received from Professional Artists/Others. Finally, a representative from Swatch S.A shall (using the above criteria) choose one (1) first prize winner and eight (8) runners up from the Student entries shortlist and one (1) first prize winner and eight (8) runners up from the Professional Artist/Other entries shortlist. The panel of judges shall make its decision on or before 20th November 2009. The Swatch S.A. representative will make his/her decision on or before the 30th November 2009. For the avoidance of doubt, whilst the panel of judges will be aware of how “appreciated” the entries are by members of the public, the judges shall not be obliged to select the winners based on this criteria. Entrants shall have no legal recourse against either the Promoter or Swatch S.A. (or the Swatch S.A. representative) in respect of the selection of the winners and runners up.
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By entering the competition, entrants agree to provide their Creative Material in hi res format if requested by the Promoter.
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Student Winner´s Prize:
Twenty thousand US dollars ($20,000) (or equivalent) to spend on tuition fees for the Student Winner´s art course and/or on an art-related project, as approved by the Promoter and Swatch S.A. in their absolute discretion. Unique design by Swatch artist The Student Winner may be required to provide evidence to the Promoter and Swatch S.A of how the money was spent.
Professional Artist Winner´s Prize:
A trip to the Professional Artist Winner´s choice of Art Basel Miami Beach in the USA, held between 3 and 6 December 2009 (inclusive), Art Basel Switzerland held between 16th and 20th June 2010 for the Professional Artist Winner including return economy class flights from a city close to Professional Artist Winner´s residential address, two (2) nights´ accommodation in a four (4) star hotel selected by the Promoter and three hundred US dollars ($300) spending money. The Professional Artist Winner will be able to propose dates for the trip but they shall be subject to availability and at the Promoter´s ultimate discretion.
The Professional Artist Winner must be able to travel during the period the exhibition of their choice is being held and must hold a valid passport and any other necessary travel documentation (including, without limitation, visas where necessary). Travel insurance is not included in the prize and so the Professional Artist Winner must obtain their own travel insurance prior to making the trip. Unique design by Swatch artist Runners up prize:
Each runner up will receive their choice of one (1) art book, one (1) annual subscription to an art magazine or one (1) annual membership to a museum, as approved by the Promoter in its sole discretion.
For the avoidance of doubt, each runner up will only receive one (1) of the above prizes.
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For the avoidance of doubt, the prizes do not consist of anything other than expressly set out in paragraph 7 above and no additional costs are included. The winners are responsible for all applicable taxes and expenses not specified in the prize description.
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The Student Winner, Professional Artist Winner and the runners up will be notified by email during the week commencing 7th December 2009. In the event that the Promoter cannot for any reason contact any first prize winner by 12th December 2009, the Promoter reserves the right to select another winner.
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The runners up shall be required to notify the Promoter of their choice of prize within seven (7) days of being notified that they are a runner up. The runners up shall receive their prizes in the post no later than 21st December 2009. For the avoidance of doubt, runners up prizes shall be sent to the respective addresses that they provided when entering.
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The Promoter´s decision is final with respect to any aspect of the competition, including the determination of any winner of a prize. No correspondence will be entered into. The Promoter reserves the right to select an alternative Student or Professional Artist Winner and/or runner up in the event that the Promoter has reasonable grounds for believing that a selected winner has contravened any of these Terms.
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The Student Winner may be required to provide the Promoter with evidence to satisfy the Promoter that they are a Student at a recognized academic institution (including, but not limited to an immatriculation form). Winners may be required to provide a written acknowledgement of acceptance of all terms and conditions of the competition and, if under the legal age of majority in their country of residence, a parent´s/legal guardian´s signature prior to receiving their prize.
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The Promoter accepts no responsibility for entries lost, delayed, misdirected, damaged or undelivered. Incomplete, inaudible and/or illegible entries will be disqualified. The Promoter shall not be responsible for technical errors in telecommunications networks, Internet access or otherwise preventing entry to any competition.
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The prizes are as stated and are non-transferable. No cash alternatives will be offered. If due to circumstances beyond the Promoter´s control the Promoter is unable to provide any stated prizes, the Promoter reserves the right to award a substitute prize of equal value. All prizes are subject to the additional terms and conditions of the manufacturer or supplier. No purchase is necessary to qualify for the competition.
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x By entering the competition you grant to the Promoter for the full term of any rights that may exist in your Creative Material a non-exclusive, worldwide, irrevocable, sub-licensable right to use your Creative Material as follows (without payment to you or any third party):
To play, publish, make available to the public, perform, display, reproduce, distribute and otherwise use your Creative Material in any and all media (whether now known or invented in the future) worldwide. To host, store, copy, modify, adapt, edit, translate, create derivative works from, incorporate into other works and/or otherwise treat in any way your Creative Material at the Promoter's discretion. The Promoter may (but is not obliged to) identify you as the creator or author when your Creative Material appears on any and all media, for example, by displaying your name or any photograph of you that you may have submitted. To sub-licence its rights in your Creative Material to third parties (including, for the avoidance of doubt, Swatch S.A and other third parties such as internet service providers, mobile network operators, sponsors, television broadcasters, website owners) in the normal course of our business. In this respect, you acknowledge that the Promoter sub-licences to Swatch S.A. the right to freely use your Creative Material in its original or modified (including, but not limited to, shortened) form in connection with promotions, advertising and public relations in any media worldwide, including in-store point of sale, for a period of one (1) year from 10 September 2009. 16. to the top
You acknowledge and agree that there is no restriction on the Promoter (or any third party sub-licencee) obtaining advertising or sponsorship revenue in connection with your Creative Material (for example selling advertising space next to Creative Material and allowing our sponsors to use Creative Material on their websites, in print, on-product and for playout in-store).
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Entrants irrevocably and unconditionally waive any “moral” rights in their Creative Material for the purposes of it being used in accordance with these Terms. Moral rights include the right to be identified as the author and the right to object to derogatory treatment of your creative material.
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They are the only creator, author and owner of the Creative Material they submit or, if they are not the exclusive owner, they have received written consent from the owner to submit the Creative Material and to grant to the Promoter the rights to use and to sub-licence the Creative Material as set out above. The use of Creative Material by the Promoter and/or by Swatch S.A. and/or any other sub-licencee will not infringe any intellectual property or other rights of any third party (for example trade marks, copyright, privacy rights etc). Entrants whose Creative Material contains any underlying copyrights such as music, lyrics, film footage, artwork or other copyright material owned by any other person, confirm that they have obtained all necessary consents in writing (including from other people appearing in their Creative Material) necessary for the Promoter and/or Swatch S.A. and/or any other sub-licensee to use the Creative Material as set out above. Entrants may be required to provide the Promoter and/or Swatch S.A. with a copy of the written consent of any owner of any underlying copyright in their creative material. The Creative Material does not contain anything that is defamatory, pornographic, discriminatory, violent, in any way related to drugs or alcohol, racist, offensive, politically motivated or illegal. The Creative Material is free from any right or claim by anyone under any recording contract, publishing contract, or any union, guild or collecting society such as the Performing Right Society. Entrants agree to inform the Promoter immediately if this status changes. 19. to the top
Any Creative Material which is submitted and, in the Promoter’s reasonable opinion, does not comply with any of the undertakings will be taken down from the online gallery immediately without notice to the entrant for contravening these Terms. Entrants must not include in Creative Material any information they do not want other people to see. The Promoter is entitled to moderate and/or monitor any Creative Material submitted in connection with the competition and entrants consent to any such moderating and/or monitoring.
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By entering the competition, entrants acknowledge that they may be required to be used in publicity without further consent or payment. Such publicity may include without limitation the entrant’s name and/or likeness, voice, photographs, biographical information and/or any statement made by them concerning the competition and/or the prize(s). Entrants agree that any or all such elements may be used by the Promoter in any and all media in perpetuity throughout the world as the Promoter in its sole discretion sees fit.
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The Promoter shall not be liable to the entrants, winners, their guests and/or parents/legal guardians for any loss or damage howsoever caused (whether in contract, tort or statutory duty or otherwise) arising out of or in connection with the competition, the Creative Material and/or the prize.
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The Promoter shall not be liable for any delay in performing or partial or total failure to perform any of its obligations to entrants, guests and/or parents/legal guardians under these Terms if such delay or failure is caused by circumstances beyond its reasonable control including without limitation delays, changes, disruptions, cancellations, diversions or substitutions howsoever caused including without limitation as a result of war, terrorist action or threatened terrorist action, strikes, hostilities, civil commotions, accidents, fire, flood or natural catastrophes or arising without limitation out of or in connection with (i) the activities of third party event organisers; (ii) any form of transportation (including but not limited to flights, trains, coaches, buses, ferries, taxis or cars); and/or (iii) by third parties providing accommodation included in the prize. For the avoidance of doubt, the affected winners, guests and/or parents/legal guardians shall be solely liable for any additional costs incurred as a result.
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Nothing in these Terms shall limit the Promoter’s liability for death or personal injury caused by negligence of the Promoter and/or deceit or fraud by Promoter.
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Entrants agree to compensate the Promoter in full for all losses caused by a breach by them of any of these Terms, including any losses suffered by virtue of a third party bringing a claim against the Promoter (or a sub-licencee) in connection with the creative material. This applies also to claims regarding infringements of copyright and/or personal rights of third parties.
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Each provision excluding or limiting liability is to be construed separately and will apply and survive even if for any reason any of the other provisions are held to be inapplicable or unenforceable in any circumstances. Each of the provisions excluding or limiting liability will remain in force notwithstanding any termination of these Terms.
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Details of the first prize winner and the runners up can be obtained by emailing playground@mtvne.com, no later than one (1) month after the competition closes.
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Unless entrants opt in to receive further marketing at the time of entry, any personal information, including without limitation, the entrant's name, age, address (including postcode), and/or email address will be used solely in connection with this competition and as set out in these Terms and will not be disclosed to any third party, except for the purpose of fulfilling a prize where applicable. Any personal information held by the Promoter in respect of any competition will be held on record for a short period in accordance with the Promoter’s privacy policy which can be viewed at url www.mtv.co.uk/terms_conditions/privacy_policy for the purpose of ensuring fulfilment of the competition and then destroyed. Where entrants opt in to receive further marketing from the Promoter or to hear more about MTV Playground at the time of entry, personal information provided upon entry, shall be held by the Promoter in accordance with the Promoter’s privacy policy which can be viewed at url www.mtv.co.uk/terms_conditions/privacy_policy.
If entrants opt in to receive further marketing from Swatch S.A. at the time of entry any personal information provided by entrants upon entry, including without limitation the entrants’ name, age, address (including postcode) and/or email address shall be held by Swatch S.A. in accordance with Swatch S.A’s relevant privacy policy.
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Entrants agree and acknowledge that these Terms may be amended or varied at any time by the Promoter on notice. No waiver of any rights by the Promoter or any entrant will be taken as a waiver of any other rights it may have. For example, if the Promoter waives its right to complain about a particular breach of these Terms by an entrant, it does not prevent the Promoter from complaining about other breaches.
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These Terms shall be governed by and construed in accordance with the laws of England and Wales and the courts of England shall have exclusive jurisdiction in relation to any disputes arising in connection with them. All entrants shall be responsible for ensuring that their entry and acceptance of the prize does not contravene any local laws or regulations in the country in which they are resident.
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Any queries regarding the competition should be sent by email to playground@mtvne.com.
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If requested by the promoter, as set out in Term 12, please sign and return the acceptance form. Click here to download a PDF of these terms and conditions including the acceptance form.
