Competition Terms and Conditions
1. DEFINITIONS
| In this Agreement, unless specified to the contrary, the following words and phrases either have the expressed meaning given to them, or have the meaning given to them in the clause set out opposite them. "Account" means certain personal information and registration data provided via the registration page on the Website, which must be kept accurate and up to date as and when necessary. "Content" means any information, image, sound, data and coding uploaded to the Website by Users excluding Videos. "Competition" means online music video competition(s) on the Website which are arranged into separate competitions for each Artist and Song as described by and in accordance with the Competition Terms & Conditions. "Website Terms & Conditions" means the Website terms and conditions which are available on the Website. "Competition Terms & Conditions" means the Competition terms and conditions which are available on the Website. "Entrant" means the party entering into this Agreement as the proprietary owner of Videos, with the intention of uploading their Videos to the Website and entering the Competition. "Genero.tv", "Our" or "Us" means Genero Music Pty Ltd of PO Box 358, Albert Park, Victoria, 3206, Australia. "Privacy Statement" means the privacy policy of Genero.tv which forms part of the Website Terms & Conditions. "Term" means the period commencing at the time the Entrants upload Videos on to the Website and terminates at the time the Competition winner is announced. "Territory" means the world. "Website" means the Genero.tv website located at http://Genero.tv. "User", "You" or "Your" means the party entering into this Agreement (including Entrants) as a user of the Website by way of it accessing the Website and viewing the Content. "Video Player" means the embeddable video player contained on the Website. "Video" means music videos (being cinematograph films) embodying various musical works, produced and uploaded by Entrants to the Website in accordance with the Competition Terms & Conditions. "Winning Video" means the Video selected by Genero.tv and/or it’s judging panel as the winner of the Competition it was entered for. |
2. BACKGROUND
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This Agreement sets out the terms and conditions by which Entrants may produce and upload Videos to the Website. Entrants should ensure that Terms & Conditions are read in conjunction with the Website Terms & Conditions available at http://Genero.tv/terms. From time to time, specific Competition Terms & Conditions apply. These will be made available on the specific artist page. Where specific Competition Terms & Conditions apply, you need to read and agree to those specific terms, not the general Competition Terms & Conditions below. When You complete and submit the entry form, You are telling us that You agree to all the Competition Terms & Conditions and the Website Terms & Conditions and You are signing a legally binding contract. |
3. COMPETITION DATES/TIMES
| 3.1 | The "opening" and "closing" dates/times for each Competition shall be listed on the Artist's page on the Website. Genero.tv reserves the right to alter the Competition opening & closing dates/times in its absolute discretion. All dates/times are GMT – it is Your responsibility to translate back to Your local time zone. |
4. COMPETITION PRIZE DETAILS
| 4.1 | Prizes differ between each Competition which will be listed on the specific Artist’s page of the Website. Go to http://Genero.tv/artists-and-songs and click on the Artist & Song You are entering for for prize details. All prizes are in USD, GBP or EUR, represented by $, £ or € respectively, unless otherwise stated. |
5. GENERAL
| 5.1 | These Competition Terms & Conditions should be read in conjunction with the Website Terms & Conditions located at http://Genero.tv/terms. It is important You read and understand both sets of terms. If You do not agree to both sets of terms, You cannot participate in this Competition. |
| 5.2 | Entries are open to anyone in the world. |
| 5.3 | You must be over 18 years of age, or possess legal parent or guardian consent if either aged 13 or over or considered a minor in Your country of residence, and fully understand and agree to enter into these terms and conditions. |
| 5.4 | This is a game of skill, chance plays no part in determining finalists and winners. |
| 5.5 | All entries are submitted online at Genero.tv where You will need to register and create an Account (currently free of charge). No responsibility is taken for lost, damaged, misdirected, unusable or unreadable entries, or technical issues with the Website. You will be required to confirm Your Account after registration via the email confirmation Genero.tv send to You. It is Your responsibility to keep Your details, including contact details, up to date at all times by logging onto Your Account and maintaining Your profile. Your entry will not be accepted if You do not agree to all terms and conditions when creating an Account, uploading a Video or general use of the site where terms and conditions are presented to You. Any entries submitted via an Account with false information will be disqualified. |
| 5.6 | Your entry will not be accepted if it is not submitted by the closing time (GMT) and date. Genero.tv reserves the right, at its discretion, to accept late submissions where an Entrant has had technical problems and not been able to submit by the deadline. |
| 5.7 | All Entrants may be required to provide identification and proof of age if selected as a finalist or winner. |
| 5.8 | All submissions will be screened in widescreen format, we only accept Videos which are 16:9 or wider. |
| 5.9 | The aim is to choose finalist and Winning Videos for each featured song, with the possibility that there will be none if the Videos entered aren’t deemed to be of sufficient quality. Finalists are usually chosen by the artist or their label/management and Genero.tv. Although votes don't currently determine finalists, any Entrant using automated voting or disposal email addresses, or any similar method to increase their votes will be disqualified at Genero.tv's discretion. |
| 5.10 | Genero.tv’s decision for all judging is final. |
| 5.11 | Closing times and announcement dates are always advertised on each artist's page, as these differ by artist. |
| 5.12 | Genero.tv will announce finalists and winners on the Website and attempt to make contact via email using the details provided in Your User profile. Finalists and winners must respond to Genero.tv’s contact attempts within 5 days of notification. Genero.tv accepts no responsibility for being unable to reach You if these attempts are unsuccessful and reserve the right to withdraw Your finalist or winner position and select alternative finalists or winners. |
| 5.13 | All Winners and some Finalists will be required to supply a high resolution file of Your Video on disk via mail, or uploaded via FTP (at our discretion) within 5 days of finalist announcement. Failure to do so may result in Your submission being withdrawn by us as a finalist or winner and no prize awarded. For current broadcast specs, please read this FAQ. |
| 5.14 | Finalists and Winners may be requested to participate in a photo call, media interviews, as well as general promotional and publicity activity of Genero.tv, its Content and related activities. |
| 5.15 | Genero.tv will always try to credit You for the Video You submit wherever Genero.tv use it, but where the Video is being used or written about in other media Genero.tv accept no responsibility for Your name not being credited. |
| 5.16 | Genero.tv reserves the right to alter, modify, add to or change in any way, any provision of these Terms & Conditions and may, in its absolute discretion, limit or expand the services available via the Website without giving prior notice to Entrants. |
| 5.17 | In addition to these Competition Terms & Conditions, you also agree to any specific artist terms & conditions, as may be displayed or linked to from the artist's page on Genero.tv. |
6. GENERO.TV - RIGHTS IN VIDEOS
| 6.1 | The Entrants by submitting and/or uploading Videos on the Website, hereby grants to Genero.tv in perpetuity and throughout the Territory, a non-exclusive license to host the Videos on the Website and the right to use, re-produce, alter, adapt, broadcast, publish and communicate the Videos to the public for the purposes of promoting the Videos, the Competition and/or the Website. |
| 6.2 | In the event that an Entrant's Video is chosen as the Winning Video and in consideration of the Competition "prizes", then that Entrant hereby assigns all rights title and interest in its Video to Genero.tv in perpetuity. This includes granting Genero.tv the exclusive right throughout the world in perpetuity to manufacture, distribute, promote, advertise, sell, lease, license or otherwise exploit commercially the Video in all media and technologies now or hereafter known including the right to communicate the Video to the public and to license all such rights to third parties in its absolute discretion. |
| 6.3 | For non-Winning Videos and notwithstanding the foregoing, Entrants retain the rights to the Video Footage (original video content without the synchronised Songs, artist image, logos or other copyright or non-original material). Entrants may also continue to use their Videos for their own non-commercial use for the reasonable promotion of their work – check the artist page for any specific usage restrictions. Genero takes no responsibility for and has no control over Videos You upload to other websites. |
| 6.4 | Entrants acknowledge that they are solely responsible for their own Videos that they submit and the consequences of posting or publishing their Videos on the Website including but not limited to any copyright infringements. |
| 6.5 | Entrants may only download a track from Genero.tv for the purposes of making and uploading a music Video to Genero.tv for that particular track, in accordance with these Competition Terms & Conditions. The only permitted use of the downloaded free track is to synchronise to Your Video footage for the purposes of entering a Competition. |
| 6.6 | Entrants hereby warrant that they own or have the necessary licenses, rights, consents, and permissions to use and authorise us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Videos submitted by them to enable inclusion and use of the submissions in the manner contemplated by the Competition Terms & Conditions. |
| 6.7 | Genero.tv do not permit or encourage copyright infringing activities and infringement of intellectual property rights on the Website, and will remove all Videos if properly notified and verified that such Videos infringes on another's intellectual property rights. |
| 6.8 | Genero.tv has the right to remove or edit any Videos from the Website at any time in its sole discretion however Genero.tv will use all reasonable efforts to ensure that Entrant's so-called "moral rights" are protected notwithstanding that Entrants hereby agree to waive any and all such rights. Genero.tv will use all reasonable efforts to ensure that any and all uses of the Videos wherever possible attribute authorship of such Video to the requisite Entrant. |
| 6.9 | Genero.tv reserves the right in its absolute discretion to edit, postpone or cancel the Competition, without any liability including not fulfilling prizes and not publishing or judging submissions. |
| 6.10 | Genero.tv reserves the right to not publish Your Video. Usually this would be due to poor technical, creative or production quality, inappropriate material, or for not following the Competition guidelines. |
| 6.11 | Genero.tv reserves the right to edit Your submission. This may be for practical reasons such as broadcasting via other media like cell/mobile phones, TV, cinema, festivals, or for moderation or other reasons we see fit. |
| 6.12 | Genero.tv will not advise Entrants that were not shortlisted as finalists. If Your submission is shortlisted as a finalist, and Genero.tv find that any of the terms and conditions have not been adhered to, Genero.tv reserve the right to disqualify Your submission and, at Genero.tv's discretion, potentially shortlist another finalist. |
| 6.13 | Genero.tv reserves the right to earn advertising, sponsorship and other forms of revenue from Your Videos on the Website and other websites, which may be displayed and not limited to, before or after Your Video plays, and superimposed over Your Video. |
| 6.14 | Genero.tv reserves the right to acquire all rights to any non-Winning Video for a maximum fee of 20% of the cash prize awarded for the Winning Video. |
| 6.15 | Genero.tv reserves the right to screen Your Video at events which may or may not charge fees for entry tickets. |
| 6.16 | Genero.tv reserves the right to include Your Video as part of any media (physical, electronic or otherwise) which may or may not be sold. |
| 6.17 | Genero.tv will not be responsible for any comments or other reactions posted against Your submission. |
| 6.18 | Any prizes awarded are not transferable, exchangeable or redeemable for cash. |
| 6.19 | Unless otherwise stated, prizes are as-described and do not include or imply anything else, including but not limited to flights, travel, accommodation, transfers, spending money, insurance, taxes, etc. |
| 6.20 | We reserve the right to charge a postage, handling and/or transfer fee to deliver prizes (including all transfer fees/charges for cash prizes), or to arrange for a similar prize that is closer to Your residence. What constitutes a similar prize in lieu of what You may have won is solely Our discretion. |
7. VIDEO UPLOAD RULES
| 7.1 | You must be the copyright owner of the Video You submit and have the written permission of any other copyright owners if the Video is jointly owned. |
| 7.2 | Genero.tv will not display Video's that are offensive or of poor technical, creative or production quality. |
| 7.3 | Unless provided as a free download on the Website, as part of the Competition, You must have legally purchased the song for use in Your Video. |
| 7.4 | If You have used copyright material in Your submission, You must retain, and provide on request, Signed Release Forms for all works in which copyright exists. It is Your responsibility to ensure that any release forms are legally binding and in compliance with local and international copyright laws. You are not required to provide a release form for the song You are entering as part of the Competition. |
| 7.5 | You are only entitled to reproduce and exploit all of the underlying music works in Your submission by including these in the Video for submission and You hereby acknowledge and agree that there is no transfer, license or other grant of rights to You in respect of such musical works other than as specifically provided for herein. |
| 7.6 | If the Video is jointly owned, You have obtained from each contributor authorisation for Genero.tv to use the Contributor's name and likeness in connection with any publicity for Genero.tv and related Competitions, and an undertaking that the Contributor will perform publicity appearances for Genero.tv if reasonably requested by Genero.tv to do so. |
| 7.7 | You are entitled to grant Genero.tv every right referred to in these and other terms and conditions, and use of those rights will not violate the rights (including copyright) of any third party. |