TERMS AND CONDITIONS

SUPAJAM ONLINE MUSIC MAKING COMPETITION TERMS AND CONDITIONS

1. Nature of this promotion

These Terms and Conditions (“Terms”) apply to your application to participate in an online competition entitled “Fast Track To Strawberry Fields Festival 2012” ( the “Competition”) offered by SupaJam Limited, a limited company with registered number  (“SupaJam”or “we”/”us”).

The Competition invites you to submit your original musical works and (optionally) accompanying videos (the “Content”).  

 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.

1. Acceptance of Terms

The Competition and your use of the website www.supajam.com 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.

If you have any disability or other good reason why you cannot use the Website, please contact us directly at bandsupport@SupaJam.com and we will endeavor in our discretion to make alternative arrangements.

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 and the Band 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.

For the purposes of these Terms, the “Band” means you, all those persons who perform or compose or have been involved with composing the Content.

1. Commencement and Closing Date for the Competition

This Competition will commence 12th December 2012 and will end 23rd April 2012. Submissions will be accepted and can be uploaded between 12th December 2011 and 16th March 2012.

1. Entry Criteria

To be eligible for the Competition:

1. the Band must have no have more than six (6) members.
2. tracks must be submitted in MP3 format, and files should be no bigger than 8MB.
3. VIDEOS THAT ARE SUBMITTED (OPTIONAL) SHOULD BE RELEVANT TO THE ACCOMPANYING TRACKS
4. you must only submit music tracks with a running time of less than six (6) minutes.
5. you must only submit wholly original musical works composed by the Band.
6. you must only submit up to two (2) entries in the form of two (2) music tracks (AND UP TO TWO RELATING VIDEOS)
7. you must submit music which is in keeping with the spirit and genre of the Strawberry Fields Music Festival; For further information please see the "Tips" section in the contest menu.
8. you must provide a current photograph of the Band in JPG or PNG format.

You and the Band acknowledge that the purpose of the Website and Competition is to promote Bands who do not have any recording label contracts.  The Band agrees with and warrants to us that you and the Band have no agreement, contract or arrangement (formal or informal) with any entity other than ourselves as at the date you submit Content to the Website as part of the Competition.

We may reject any entry at any time in our sole discretion, whether for artistic, decency, taste or other grounds, including if, in our sole discretion, the Content does not possess the necessary level of skill commensurate with the aims of the Competition.  We will only accept Content if:

1. it contains no material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for us to use or possess.
2. we or anyone else are able to supply or broadcast the Content without breaching any law.

In addition to any other provisions of these Terms, the Band confirms and warrants to us that the Content does not:

1. contain any material which is defamatory of any person.
2. contain any material which is obscene, offensive, hateful, inappropriate or inflammatory.
3. promote sexually explicit material.
4. promote violence.
5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
6. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
7. promote any illegal activity.
8. be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
9. be likely to harass, upset, embarrass, alarm or annoy any other person.
10. be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
11. give the impression that they emanate from us, if this is not the case.
12. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
13. promote or advertise any third party or your or the Band’s goods or services.
14. endanger or be likely to cause harm to you or the Band.
15. Eligibility

No person may enter the Competition on their own behalf or on behalf of anyone else unless that person and the person(s) on whose behalf they enter into the Competition all have the legal capacity to do so and are not barred by law from doing so.  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 lawful guardian of each member of the Band who is under 18.  Accordingly, you warrant to us that you are aged over 18 and:

1. all persons in the Band are aged over 18;
2. you are the parent or lawful guardian of those in the Band who are under 18; or
3. you are appointed as agent of the parent(s) and lawful guardian(s) of all those in the Band who are under 18.

We reserve the right to ask for proof of age and evidence at any time to verify the identity of any person in the Band.

There is no upper age restriction to your participating in the Competition.

You and the Band are not eligible to enter the Competition if you or any member of the Band is an employee or an immediate relative of an employee of SupaJam, or any parent, subsidiary or associated company of SupaJam.

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 the Band and SupaJam is subject to the laws of England and the Band agree to submit to the exclusive jurisdiction of the English courts.

1. 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 ( 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 Website between 17th March - 6th April 2012.
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. The last 14 finalists will be announced around April 8th and will invited to perform at one of the series of heats taking place in London on April16th and 17th. Each heat will consist of 7 bands performing up to three songs each live infront of a live audience and judges. 6 bands will be selected at each final to go through to the Grand finale.
5. The Grand finale will consist of 6 bands (two selected from each of the previous heats) They will be invited to perform at the live final IN LONDON April 23rd 2012.
6. 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.
7. The live final  will be judged by a panel of experienced music industry individuals on the night.
8. The winning artist or band as judged by the panel will then be invited to perform at the 2012 Strawberry Fields Festival between June 29th and July 1st 2012 in the appropriate section of the festival, eg acoustic.

If there is any disagreement at any stage as to who is eligible for or who has won the Competition or any part of it, our decision is final.

1. 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.

1. 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 the Band, including but not limited to names and addresses of the members of the Band, 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 in all respects and not misleading 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, the Band agrees 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 bandsupport@SupaJam.com.

1. Launching the Band

For the purposes of these Terms, “Relevant Period” means [12 months] from the date you submit your Content to the Website as part of the Competition.

The Band retains the copyright in all the Content but the Band grants us a worldwide, exclusive, royalty-free, transferable and perpetual licence (with the right to grant sub-licences) to use, reproduce, distribute, prepare derivative works of (including montages), store, display and perform the content of all or any part of the Content, or any text, graphics, layout, logos, photographs and stills in any manner and through any medium for the sole purpose of promotion of the Band, the Competition or SupaJam. This licence is irrevocable.  You agree that we may syndicate Content to Partner Companies or other third parties including television and/or production companies and grant a licence of your Content incorporating some or all of the rights granted to us for the sole purpose of promotion of the Band, the Competition or SupaJam. The Band and any director of any video agrees to waive any moral rights that subsist in relation to the Content. We may also grant sub-licences for such purpose.

As part of the registration process in respect of the Competition, you may wish to make your Content available for synchronisation by third parties by clicking the relevant check box.  By clicking this check box, you agree to the [terms of licensing and sync site].    

As part of the registration process in respect of the Competition, you may wish to make your Content available for free download on our Website by clicking the relevant check box.  By clicking this check box, you agree that we may make your Content available to download via the Website.  We may pass Content to Partner Companies and other third parties in order to promote the Band, the Competition or SupaJam.  We cannot accept responsibility for any third party's use of the Content and they do not act as our agent, nor we as theirs.

The Band will, during the Relevant Period, allow us to use all photographs and biographical information the Band have given to us for any purpose. The Band agrees to co-operate with us in providing reasonable amounts of such information.

By entering the Competition, the Band agrees to: (i) participate in such promotional activity and material as we may reasonably require; and (ii) attend any press conferences or promotional events we may reasonably require during the Relevant Period, in each case subject to the consent of the Band (such consent not to be unreasonably withheld or delayed).

You and the Band grant all consents necessary for us and any television company and/or producer to film and record your performance and attendance at the live final at the Pigalle Club or at the Benicassim Festival or in respect of any part of the Competition and for them and us to use recordings featuring your and the Band’s images and/or voices and music in connection with the Competition and the Website and to exploit the same with all media in the world without payment to you or the Band for the Relevant Period.

You and the Band will not without our prior written consent, enter into any contract or arrangement where the purpose is in whole or part for the sale, merchandising or promotion of any music or videos you and the Band may be involved in, produce, create or write including any publishing or management arrangement for a period of 3 years from the date you submit Content to the Website as part of the Competition (the “First Refusal Period”) without first notifying SupaJam.  Upon such notification, the Band shall, if SupaJam requires, enter into good faith negotiations with SupaJam to agree a publishing and/or management agreement with SupaJam, on the basis that such agreement will be on the same or better terms for the Band as any offer of a publishing and/or management arrangement received by the Band during the First Refusal Period (the “Relevant Terms”).  If the negotiations do not result in the Band agreeing a publishing and/or management arrangement with SupaJam, the Band is free to enter into such arrangement with a third party provided that the terms of such arrangement shall not be better for the third party than the Relevant Terms.     

We have no obligation to do anything to promote the Band, save as expressly set out in these Terms.

1. 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.

1. 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.

1. We may suspend, change or discontinue temporarily or permanently some or all of the Website at any time and without notice and without liability to you.  We do not accept responsibility for any technical failures or any problems with the Website or any other inability to download, upload or view or hear properly any Content.

1. Copyright & notifying claims of copyright infringement

1. The Band agrees with and warrants to us that the Band has the sole copyright and all rights in the Content and has all necessary licences, rights, consents and permissions to enable us to use the Content in accordance with these Terms.  The Band further warrants to us that the Content does not contain any third party copyright material, or material that is subject to other third party proprietary rights.

1. Unless you have agreed otherwise in writing with us, nothing in these Terms gives the Band a right to use any of our trade names, trade marks, service marks, logos, domain names or other distinctive brand features.

1. 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 bandsupport@SupaJam.com. When contacting us please supply the following details:
   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 afddress.
   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.

1. Termination   

You agree that we may terminate participation of the Band 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 any member of the Band or any third party for any such termination of the Competition offer or cancellation of the Competition.

1. General

 We are entitled to refuse any entry or Content submitted by you.

We have no responsibility for any websites outside our control, even though we may direct you to them as a condition of our registration process.  Neither you nor the Band has any authority to commit us to any contract with a third party nor may you act on our behalf.  You will comply with the terms and conditions of all third parties websites with whom you or the Band have registered and ensure they do not conflict with the Terms.

Our website only gives a brief summary of the Competition and other matters. Where this a discrepancy between what our website says and what is in these Terms, these Terms prevail.

The Band is solely responsible for everything you upload onto the Website and any other websites and the consequences of posting or publishing it.

SupaJam does not endorse any material or any opinion, recommendation, or advice in it and disclaims all liability in connection with the Content.

If we do not exercise or enforce any legal right or remedy against you, this is not a formal waiver of our rights and those rights or remedies will still be available to us.

We may enforce the provisions of these Terms against the Band and the Band may enforce our obligations under these Terms. Subject to that, it is not intended that any person will be entitled to enforce any provisions of these Terms who would not have been so entitled but for the enactment of the Contracts (Rights of Third Parties) Act 1999.

You and the Band agree to indemnify us and agree to keep us fully and effectively indemnified against all actions, costs, losses, claims and expenses of whatsoever kind or nature arising from any breach or non-performance or threatened breach or non-performance by the Band of any of the warranties, representations, undertakings or obligations in these Terms.

Where the Band is more than one person, obligations of those persons in these Terms are joint and several.

Nothing in these Terms will exclude or limit our liability for losses which may not be lawfully excluded or limited by applicable law. Subject to that, we shall not be liable to you for: (a) any indirect or consequential losses which may be incurred by you including (without limitation) loss of profit (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of opportunity or loss of data suffered by you; or (b) any loss or damage which may be incurred by you as a result of: (i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Website; (ii) any changes which we may make to our service to you, or for any permanent or temporary cessation in the provision of what we agree to do; (iii) the deletion of, corruption of, or failure to store, any of your Content; (iv) your failure to provide us with any relevant or accurate information; or (v) your failure to keep your password or user account details secure and confidential.

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 or delayed 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.

In entering the Competition, the Band are not relying on 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 its 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 in respect of 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.

1. 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

         bandsupport@supajam.com    +44 1959 564 228