Your terms and conditions here.
SEAT, S.A. (the “Organiser”) organises an international free competition named SEAT MUSICATHON (hereinafter “The Contest”).
The competition consists of three phases: Phase I: National Phase, Phase II: SEAT MUSICATHON competition event in Berlin, Phase III: fulfillment in Barcelona and Los Angeles, California.
Phase I: The participants have to qualify through an online application. They have to upload an original sound piece, including lyrics (not mandatory) and music, (hereinafter “sound piece”) created by themselves to the SEAT MUSICATHON iFrame. The creation of this sound piece is based on a given task communicated in the iFrame and in the Terms & Conditions. Out of all participants SEAT will select two participants per country (each participant can be a team of up to two people).
Phase II: The objective of the MUSICATHON competition event in Berlin is to create two sound pieces. The first one is on a theme, given to the selected participants by SEAT on the date their participation at the Berlin event is confirmed and the participant has accepted his nomination for the event in writing. The participants have to prepare (not necessarily to finalise) this piece at home. The second one is given to the participants in Berlin at the MUSICATHON competition event itself. It is the creation of a sound setting for a short movie clip of SEAT. With the advice from experts and specialists from the field of music and marketing, the selected participants will finalise both MUSICATHON sound pieces in Berlin. The MUSICATHON competition event in Berlin will last from the 6th to the 9th of May 2016.
The finalised work will be handed to SEAT by the talents on Sunday 8th at 12:00 am and will have to be presented to the Jury at 6 pm. The jury will select the winners of the MUSICATHON competition event (the SEAT Sound Talents) depending on the most appropriate sound pieces. At the end of the day the winner will be announced during the awards ceremony.
Phase III: The SEAT Sound Talents will be invited to visit SEAT Headquarters (hereinafter, SEAT HQ) in Barcelona and visit the SEAT factory in CW 26 (expected date is in week commencing 26th June 2016)
In CW 43 (expected date week commencing 23rd October 2016) they will join the SEAT Sound Team to visit a popular sound studio in Los Angeles, California, USA to assist them on the SEAT sound logo development.
Such Contest will not oblige the Organiser, in any way, to remunerate any of the projects presented in any other way then described in the part fulfillment.
DURATION OF THE CONTEST
Phase I (national phase): March 4th 2016 until March 27th 2016
Phase II (SEAT MUSICATHON Event in Berlin): The Contest will take place between May 6th 2016 at 5:00 pm until May 8th 2016 at 10:00pm. Return journey is on May 9th 2016.
REQUIREMENTS TO ENTER THE CONTEST
This prize draw (the "Promotion") is only open to UK residents, excluding employees and agents of (a) the Promoter or (b) any company connected with the production or distribution of this Promotion, as well as their relatives or members of their family or household.
Entrants must be aged 18 years or over at the time of entry. Proof of eligibility must be provided upon request. By entering the Promotion you are deemed to accept and be bound by these terms and conditions.
The Promotion is free to enter and entrants can enter by entering their details at http://seat.co.uk/musicathon. Only one entry (up to two sound pieces per entry) will be accepted per person or email address.
By entering into this competition you agree to your personal information being used for marketing purposes by the Promoter, Volkswagen Group United Kingdom Limited, trading as SEAT UK, and its associated companies.
The participant has to upload a sound piece created by him/herself to the SEAT MUSICATHON iFrame according the given task:
Create a sound piece that reflects the city of Barcelona.
The name and county of the prize winner will be available after the closing date by submitting a written request to the Promoter.
Entrants agree to provide reasonable cooperation to allow the Promoter to use the name and/or likeness of the winner for advertising and publicity purposes in connection with this Promotion including but not limited to publication of the winner's name and photograph on the Promoter’s websites. In addition, by submitting an entry and in consideration of the Promoter granting a right to enter the Promotion, entrants agree to grant the Promoter a perpetual, royalty-free, non-exclusive, sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and exercise all copyright and publicity rights with respect to any materials contained in the entry (including but not limited to text, images or video materials) (the “Materials”) worldwide and/or to incorporate the Materials in other works in any media now known or later developed for the full term of any rights that may exist in the Materials. By submitting Materials to the competition, an entrant:
The determination and decision of the Promoter on all matters shall be final and no promotional correspondence or discussion will be entered into. The Promoter reserves the right in its reasonable discretion: (a) to disqualify any claimant, competitor or nominee whose conduct is contrary to the spirit of the rules or the intention of the promotion and to declare as void any or all of their claims or entries based on such conduct; (b) to declare as void any claims or entries resulting from any printing, production and/or distribution errors (including but not limited to any error(s) on any website, any game cards and/or other printed materials) or where there has been error(s) in any aspect of the preparation for or conduct of the promotion materially affecting the result of the promotion or the number of claimants or the value of claims; (c) to add to or to waive any rules on reasonable notice; and/or (d) to cancel the promotion or any part of it at any stage in the event of circumstances beyond the Promoter's reasonable control.
No entries will be accepted in bulk, from agents or third parties.
To the fullest extent permitted by law (and subject to paragraph 24 below), the Promoter and any party administering the Promotion hereby exclude all warranties, representations, covenants and liabilities (whether express or implied) relating to this Promotion and/or the prize.
Nothing in these terms and conditions shall exclude any party’s liability for: (i) death or personal injury as a result of its negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any liability that cannot be limited or excluded by law.
The Promoter reserves the right, in its sole discretion, to modify, suspend or cancel the Promotion should virus, bugs, tampering, fraud or other causes beyond the reasonable control of the Promoter corrupt or hinder the administration, security or proper play of the Promotion.
If any of the provisions of these terms and conditions are held to be invalid or unenforceable in whole or in part that part shall be severed from the remainder of the provisions and the validity of the other provisions and the remainder of the provision in question shall not be affected.
These terms and conditions shall be governed by the laws of England and any dispute shall be subject to the exclusive jurisdiction of the English courts.
By registering, the participant agrees:
GENERAL REQUIREMENTS FOR ENTRIES AND PARTICIPATION
Participants agree that their sound piece(s):
The Organiser reserves the right to disqualify, at his sole discretion, any project that does not meet the above-mentioned criteria or does not comply with the present T+C s.
The Jury will be comprised of Organiser’s representatives, experts in the field of composition, prominent industry figures and professionals in the music industry. The jury might change, at the Organiser’s sole discretion. If practical changes occur, they will be announced as quickly as possible before deliberation on the http://seat.co.uk/musicathon website.
In the event of an existing conflict of interest between the participants and any member of the Jury, such member may be removed from passing judgment on a particular participant. Such a removal of vote, shall not affect the judging or review of the rest of the participant's submission.
SEAT MUSICATHON PROCEDURE
The application phase of the SEAT MUSICATHON is in the time period between March 4th 2016 and March 27th 2016. Within this time period the participants have to upload their sound pieces according to the initial briefing and register to the SEAT MUSICATHON on the according iFrame.
In the time period between March 28th 2016 and April 15th 2016 SEAT HQ and it´s distributors will select 2 participants per country that will be invited to the SEAT MUSICATHON competition event in Berlin. The selected participants will be informed by SEAT between April 18th 2016 and April 22nd 2016. A task according to the SEAT MUSICATHON competition will be given to them by SEAT on the date their participation at the event is confirmed and the participant has accepted his nomination for the event in writing. The participants have to prepare (not necessarily to finalise) this piece at home.
Between April 22nd and April 30th a film team will visit all selected participants and shoot a short home story. (Film of 60-120 sec.)
On Friday, May 6th 2016, the selected participants will arrive in Berlin between 2:00 and 5:00pm at the nhow hotel Berlin. The Organiser will arrange the transfer from the next airport to their hometown to the hotel. Between 5:00 and 6:30pm the Organiser welcomes all participants. Speeches will give an impression of the SEAT universe and introduce the final SEAT MUSICATHON competition event. The experts will be introduced. The second MUSICATHON Task will be given to the talents. Between 7:00 and 9:00pm all participants have dinner together. Afterwards the talents can start working on their sound pieces.
Saturday, May 7th 2016, starts with breakfast from 7:00 to 9:00am. The talents can work on their sound pieces the whole day. They will get support and advices from the attending experts. Between 1:00 and 2:00 pm a lunch buffet is provided (buffet, no seated lunch, no interruption). During that day, the participants will give short interviews (according to a prepared timing) in an arranged press interview set up. Between 7:00 and 9:00pm a dinner buffet is provided.
On Sunday, May 8th 2016, between 07:00 and 10:00am: Breakfast. The talents finalise their sound pieces, which they have to deliver at 12:00pm. Between 1:00 and 4:00pm the participants will be guided through “Music Berlin” (guided city tour concerning music aspects). From 6:00 to 8:00pm: All music pieces and the home stories of all participants will be presented. The talents have to give explanations on their work. After a break of maximum 45 minutes, in which the jury deliberates on the winners of the SEAT MUSICATHON “The SEAT Sound Talent” will be announced. At 9pm: dinner and closing party.
On Monday, May 9th 2016 all participants will have breakfast and be brought to the airport. The Organiser will arrange all flights.
SEAT will stay in contact with the new SEAT Sound Talents and arrange the fulfillment (visiting the SEAT Sound Team in Barcelona in CW 26 (expected to be in week commencing 26th June 2016) and working together with them in music studios in Los Angeles in CW 43(expected to be in week commencing 23rd October 2016).
The Organiser will be in charge of bearing all the costs of transportation, hotels, and meals, of each participant during the whole event for their participation in the SEAT MUSICATHON competition event and the whole fulfillment.
ELECTION OF THE WINNER
All participants will present their sound pieces and give a brief description (2-3 minutes) in the evening of Sunday, May 8th 2016. The SEAT Sound Talents will be selected as the best ones based on the final score given out in accordance with the criteria established below.
The judges will evaluate the sound pieces based on the demonstration performed according to the judging criteria established below. In the event of ending in a tie, the judges will determine who must be the winner, by a second vote.
The sound pieces will be scored by the Jury taking into account the following criteria:
These 4 criteria will be equally weighted and will represent 25% each of the total score.
The name of the winners (the SEAT Sound Talents) will be announced by the Jury on May 8th 2016 between 8:00pm and 8:30pm. The winners will be also announced on http://seat.co.uk/musicathon web site at the latest on May 8th, 2016.
The Jury will choose the five best sound pieces / sound works of the SEAT MUSICATHON so that in case of disqualification one of the three best sound works for any of the reasons stated in the present document, the sound work chosen by the Jury will move its place to the immediately upper place.
There will be three SEAT MUSICATHON winners. Each of them will receive a prize of 2.000 Euros and the Barcelona and Los Angeles fulfillments.
The cash prizes will be distributed to the winning participants through bank transfer within six months after the winners’ announcement made by the Jury at the end of the SEAT MUSICATHON.
The winners of the SEAT MUSICATHON will also be prized by an all-expense paid journey to Barcelona, which is expected to happen in CW 26. There the winner (the SEAT Sound Talent) will visit the SEAT HQ and SEAT factory and the city of Barcelona. Further this prize includes an all expense journey to Los Angeles, California, which is expected to happen in CW 43. There the winners will assist the SEAT Sound Team in developing a new SEAT sound logo in a specific famous sound studio.
The prizes (plus all the expenses paid in case of the 1st prize) will be subject to withholding tax if applicable according to the Double Tax Treaties and Domestic Legislations in question.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
Each participant warrants being the titleholder of all the sound pieces, and therefore the participants selected as winners of the SEAT MUSICATHON grant to the Organiser the property of their MUSICATHON sound pieces, and all of the components of it such as lyrics and melody, and all the industrial and intellectual rights concerning the same. This way, each winner grants to the Organiser exclusive exploitation rights of their sound piece, including but not limited to the right to expose, reproduce, transform, communicate publicly, including but not limited to the right of making available to the public, distribute, synchronize the sound pieces and represent it, in part or in full, in any format, for any media which actually exists, analogical and digital or could exist in the future, including, but not limited to printed materials, TV, radio, cinema, PR, SEAT dealers, motor shows, events sponsored by SEAT and Internet, for an indefinite period of time, worldwide and for free.
Each participant grants to the Organiser all the exploitation rights, including but not limited to reproduce, communicate publicly, transform and distribute, their images and specially their voices for free, in order to use them for any media, any format, for any territory, and during an indefinite period of time.
During the SEAT MUSICATHON, participants will have to use their own work free of rights sources. Third parties’ elements, including open source software, must be clearly identified with their version as well as the applicable terms of the license with such third party, and any other details concerning their use. In those cases where the identified third party’s right is not commercially available, the project work may not be qualified to win the SEAT MUSICATHON.
Participant guarantees the Organiser that he/she has not and will not carry out any act liable to impede or hinder the Organiser from using the rights assigned by means of this document in a full peaceful way and that the use of the sound pieces by the Organiser shall not result in any legislation infringement, nor infringement of third parties’ rights, agreeing to hold the Organiser harmless from and against any concepts from any action or claim which may arise from or related to the assignment and/or use of the rights hereby granted.
The Organiser is fully entitled to shorten, to extend, to modify or to cancel the SEAT MUSICATHON if the circumstances require doing so, without any liability.
The Organiser is fully entitled to disqualify a participant or a team who does not comply with the T+C´s established herein or acts in any other way, which is deemed to be inappropriate by the Organiser.
The Organiser will not be responsible for any problems or technical malfunction related with any telephone networks, computer on-line systems, servers, providers, computer hardware or software, traffic congestion, or any combination thereof, or any other technical problems related with any device or media.
Participants, who are employees of a corporation, any music production company, or any other entity, are responsible for ensuring that their participation complies with any policies their corporation, company or entity may have regarding participation in contests of this type. If the Organiser has any reason to believe that a participant violated any of those policies, the Organiser reserves the right to prohibit the participant from participating in the event or receive a prize at any time. The Organiser is not responsible for any disputes arising between a participant and his/her employer. Also, the Organiser will not be held liable in case of litigation with participants responsible for offered prizes.
In case a participant commits a serious breach of the present T+C´s according to the Organiser’s opinion, this person will have to return to the Organiser all the costs that the Organiser may have incurred in him/her during the event, such as, transportation, hotels, meals, etc., including the prize, if he/she has already receives it.
The Organiser is fully entitled to change the present T+C´s at any time and without prior notice.
Modifications or additions to the T+C´s may be published during the Contest in any case of force majeure events. They will be considered as appendices to the present T+C´s.
Any information submitted or provided to http://seat.co.uk/musicathon
The Rules are also available on the website under the address http://seat.co.uk/musicathon
The participants will maintain as confidential the projects created and delivered to the Organiser, as well as any data or information the participant may have access about the Organiser concerning the SEAT MUSICATHON.
According to the Spanish data Protection Act, the data that you provide now or in the future in the context of the participation in this Contest, will be included in a file owned by the Organiser (as owner of the brand SEAT) located in Autovía A-2, Km. 585, 08760, Martorell (Barcelona) and in another file owned by the Importer SEAT UK located: SEAT UK, Yeomans Drive, Blakelands, Milton Keynes, MK14 5AN, in order to manage your participation in this Contest, contact the winners to confirm their status, present the corresponding awards and inform them about news, products and services provided by the Organiser, both by written and/or electronic means, being the information appropriate to their individual profiles.
The participant may exercise their rights of access, rectification, cancellation and opposition to the processing of data and revoke the consent given to receive electronic commercial communications by sending an e-mail to [•] with regards to the processing of data done by the Organizer: SEAT HQ WILL PROVIDE AN EMAIL. The participant must also send an email email@example.com with regards to processing of data done by SEAT UK.
The Promoter is Volkswagen Group United Kingdom Limited, trading as SEAT UK, with registered address Yeomans Drive, Blakelands, Milton Keynes MK14 5AN (company number 514809), who is responsible for all elements of prize fulfilment.
APPLICABLE LEGISLATION AND JURISDICTIONAL COMPETENCE
All disputes or claims arising from the interpretation or execution of these Terms and Conditions shall be governed by Spanish legislation and will be subject to the jurisdiction of the Courts and Tribunals of Barcelona city.