TERMS AND CONDITIONS

SUPAJAM ONLINE MUSIC MAKING COMPETITION TERMS AND CONDITIONS

1. Nature of this promotion

      These Terms and Conditions ('Terms') apply to the online Competition entitled Fast Track to FIB Heineken 2010 ( the 'Competition' ) offered by SupaJam Limited ( 'SupaJam' or 'we').

   The aim of the Competition is to offer you, as an unsigned music artist or band, the opportunity, to have your talent recognised by a broader audience and showcased in front of leading music industry figures.

   The Competition invites you to submit your original musical works (the 'Content' ).

   We place great emphasis on conducting this Competition and other competitions we offer equitably, promptly and efficiently and to deal with you fairly and honorably.

   We have included here all information reasonably likely to influence your decision or understanding about the Competition.

   This Competition complies with the British Code of Advertising, Sales Promotion and Direct Marketing. If you have any questions likely to influence your decision to participate in this Competition or your understanding of it please contact us at the phone or email contact details shown at the bottom of these Terms.

   Please read these Terms carefully, they contain important information about your rights and obligations. You can print out these Terms by clicking on the print icon on your browser.

2. Acceptance of Terms

   The Competition and your use of the website operated by us (the 'Website') will be subject to these Terms and the website Terms and Conditions ( the 'Website Terms' ) displayed on the Website which are in addition to these Terms. By participating in the Competition, you also agree to comply with the Website Terms. You should read the Website Terms carefully every time you use the Website.

   You may submit your entry to the Competition by uploading your music track to our Website. No other entry method, such as post is possible.

   We will acknowledge receipt of your entry. Such acknowledgment is not an acceptance on our part of your entry. However if we deem in our sole discretion that your music track is unsuitable for whatever reason we will remove the same from the Website without warning to you and you agree that we will not be liable to you or any third party for such removal.

   By clicking on the 'I Accept' box clearly shown on our Website you agree to be legally bound by these Terms as they may be modified from time to time.

   If you do not wish to be bound by these Terms then you will not be eligible to enter the Competition.

3. Commencement and Closing Date for the Competition

      This Competition will commence Feb 8th 2010 and will end on June 8th 2010. Submissions will be accepted and can be uploaded between February 8th – 29th March 2010

4. Entry Criteria

      To enter the Competition you or your band must:

   1. be unsigned by a record company or music publishing company.
       
   2. not have more than six (6) members.
       
   3. tracks to be submitted as an MP3 no bigger than 8MB.
       
   4. only submit music tracks with a running time of less than five (5) minutes.
       
   5. only submit wholly original musical works composed by you.
       
   6. only submit up to two (2) entries in the form of two (2) music tracks.
       
   7. submit music which is in keeping with the spirit and genre of the Benicassim Music Festival; For further information please see the "Tips" section in the contest menu.
       
   8. provide a current photograph of your band in JPG or PNG format.

5. Eligibility

   You must be over 16 years of age to enter the Competition. If you are under 18 years old and you are selected to participate in the live final detailed below you must obtain the consent of a parent or guardian.There is no upper age restriction to your participating in the Competition.

   We have taken all reasonable care to ensure that this Competition complies with UK laws. However, we make no representations and give no warranties that this Competition complies with the laws of any particular jurisdiction or is appropriate in locations outside the UK. Those who wish to enter the Competition from other locations do so at their own risk and are responsible for compliance with all applicable laws.

   The Competition and the relationship between you and SupaJam is subject to the laws of England and you agree to submit to the exclusive jurisdiction of the English courts.

6. The Process for Selection
     
   1. All music track submissions to the Competition will be considered by Supajam.
   2. Supajam will upload all the eligible tracks on the website supajam.com  ( there is no limit to the number of tracks which may be selected ) and such tracks will go forward to an online public vote conducted on the Supajam website between April 5 – 19th 2010.
   3. The online public vote will comprise a process of rating between 0 to 5 (0 being the lowest score and 5 the highest ). Those who vote in the online public vote may also post written comments relating to the tracks.Supajam is not responsible for any comments so posted by voters.
   4. Between April 26th – May 10th 2010 the Top 40 tracks will be announced and revealed on SupaJam. The top 40 finalists are made up of 20 of the most popular audience tracks and 20 tracks selected from the SupaJam panel.
   5. Supajam will announce the results of the online public vote after April 19th 2010.
   6. The top 5 finalists will be announced around May 26th 2010. The top 5 finalists will consist of 3 acts selected by the Supajam panel and 2 acts selected from the public vote. The two acts selected from the public vote will be based on an algorithm consisting but not limited to number of votes, number of completed listens and  best average rating. Each of the artists or bands who have submitted those five tracks will be invited to perform at the live final at the Pigalle Club on 8th June 2010.
   7. If an artist or band is unavailable for whatever reason to perform at the live final above the award of the opportunity to perform will pass to the next highest scoring submission as established by the review of the online public vote.
   8. The live final at the Pigalle Club will be judged by a panel of experienced music industry individuals on the night.
   9. The winning artist or band as judged by the panel will then be invited to perform at the 2010 Benicassim Festival between 15 and 18 July 2010 in the appropriate section of the festival, eg acoustic.
   10. The winning artist or band will, as part of their prize, be flown out to Benicassim and all travel arrangements will be conducted by Supajam.
   11. To encourage voting in the online public vote all those who vote will automatically be entered in a free draw to win a pair of tickets for the 2010 Benicassim Festival.
7. Considering this Competition

   Your agreement to participate in the Competition will require you to use the Website. If you are an employee of an organisation please check whether you must obtain the consent of your employer to use the Website if your employer operates an email and internet use policy.

8. Information you provide to us

   The following applies to any information you provide to us when participating in the Competition.

   You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the Competition facility which is available through the Website by us, our co-promoters, partners with whom we operate this Competition, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our 'Partner Companies').

   If you choose to participate in the Competition we may collect information about your user behaviour and if you send us personal correspondence such as e-mails then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in the Privacy Policy shall be known as 'the Purposes'). All such information collected by us shall be referred to in these Terms as 'Personal Information'.

   You must ensure that the Personal Information you provide is accurate and complete and that all entry details contain your correct name, an address and other requested details. For more information about how we deal with your Personal Information, please read our Privacy Policy on the Website.

   You acknowledge that any incorrect information which you provide to us may result in a delay to the processing and judging of your entry to this Competition.

   Your identity will be determined on the basis of all or any combination of the following; name, mailing address, email address, IP address, computer and any other forms of identification which may be required.

   By accepting these Terms, You agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should e-mail us at info@SupaJam.com.

9. Accessing the Competition   
   1. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to participate in the Competition and is compatible with the Website. You also understand that we cannot and do not guarantee or warrant that any material available from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
   2. You undertake that you will not enter the Competition for any purpose that is illegal or prohibited by these Terms, including without limitation the posting, linking to or transmitting of any libellous, defamatory, inflammatory or obscene material. If you breach these Terms then your permission to enter the Competition terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these Terms.
10. Copyright & notifying claims of copyright infringement
    1. You confirm to us that the music track you submit to participate in the Competition shall constitute your original work.
    2. You acknowledge and agree that any music track which you submit to SupaJam may be used by SupaJam as a digital download on any digital download service anywhere in the world but SupaJam agrees and confirms that if the music track is made available in this way Supajam will split all gross revenues with you 50/50 . You shall fully indemnify SupaJam and keep SupaJam indemnified on demand against all claims, demands, actions, costs, expenses, losses and damages arising from or incurred by reason of the music track you submit to the Competition, infringing (including but not limited to the defense of such alleged infringement) any intellectual property rights belonging to any third party.
    3. If you think that your own music track has been copied without your permission or that of any licensor of yours and appears on our website, please contact us at feedback@SupaJam.com. When contacting us please supply the following detail.
       1. The physical or if appropriate, the electronic signature of the copyright owner of the music track or any person authorised on their behalf.
       2. A clear description of the music track that you claim has been infringed and a description of how you feel it has been infringed.
       3. Your full contact information including your name, address, telephone number and email address.
       4. Confirmation by you in the form of a written statement (email is sufficient) that you honestly believe your music track has been copied without your permission or that of any licensor of yours and that all other information in your notice to us is accurate.
11. Termination   

    You agree that we may terminate your participation in the Competition at any time in our sole discretion without notice for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms or the Website Terms. You agree that we may in our sole discretion and at any time cancel the Competition with or without notice for any reason, including, without limitation, where we sincerely consider the quality of the submissions does not match the necessary standards of the Benicassim Festival. In addition, you agree that we shall not be liable to you or any third party for any such termination of the Competition offer or cancellation of the Competition.

12. General

       We are entitled to refuse any entry submitted by you.

    You must not allow any other person to participate in the Competition other than in accordance with these Terms.

    We reserve the right to refuse this Competition and all future competitions to you if you do not comply with these Terms.

    We are not responsible for any entry you complete to participate in the Competition that may be lost during the entry process.

    The limitations and exclusions in these Terms do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.

    You acknowledge that you have not entered into these Terms in reliance upon any statement, warranty or representation made by us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these Terms by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in these Terms, the Website Terms or Privacy Policy.

    The content of the Competition is protected by international copyright laws and other intellectual property rights. The owner of these rights is SupaJam or our Partner Companies. All product and company names and logos contained within the Competition are the trade marks, service marks or trading names of their respective owners, including us.

    We may assign, transfers, novate or subcontract any or all of our rights and obligations under the Competition at any time.

    If any provision or term of these Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deleted from them.

13. Force Majeure

    Neither you nor we will be held liable to the other for any failure to perform any obligation due to causes beyond your or our respective reasonable control which for the avoidance of doubt includes extraordinary levels of user traffic on our Website causing disruption to the service provided by Supajam.

    Please click on the 'I Accept' box clearly shown on our Website to confirm your acceptance of the Competition and these Terms