Contracting party: Bristol Old Vic and Theatre Royal Trust Ltd. (BOV) on behalf of Bristol Proms
1. These Terms and Conditions of Entry apply to the competition conducted by BOV on behalf of Bristol Proms. This competition is for the creation of an original musical composition (“Fanfare”) that will be played in Bristol on 27 July 2015 to mark the beginning of Bristol Proms 2015.
2. Entry is open to anyone. By entering this competition, the entrant (and their parent or guardian as applicable) gives their consent for their entry and also for their entry to be used for the promotional purposes of the Bristol Proms and for any other purposes as outlined in these terms and conditions.
3. Applications will be received from 9 am on 4th March 2015 (GMT) and will close at 5 pm on Monday 21st June (GMT) (“Competition Period”). To enter the competition, entrants must follow the entry method specified by BOV.
4. BOV accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, nor for claims due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. BOV has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. BOV is not liable for any consequences of user error including (without limitation) costs incurred. Entries via email or other electronic transmission are deemed to be received at the time of receipt by BOV and not at the time of transmission by the entrant.
5. One winner shall be selected.
6. The winner of the competition will be announced on a date to be specified between Wednesday 1 July and Saturday 25 July 2015. The prizes will be awarded to the valid entrant who is deemed to have submitted the best entry, as determined by the judges.
7. The prize comprises the following package:
(b) Broadcast on ClassicFM.com (dates and number of repetitions at Classic FM’s discretion)
(c) Live performance in Bristol on 27 July to mark the opening of Bristol Proms 2015
8. While the winning entrant retains copyright in the musical composition of the entry, the entrant grants BOV the rights to use in perpetuity such entries and materials and any intellectual property rights subsisting in them in any medium and in any manner it sees fit, including without limitation, by reproducing, modifying or adapting such entries and materials, subject only to payment of performance fees via the Performing Rights Society (PRS). All submitted compositions revert to the ownership of the composer.
9. Each entry must be the entrant’s original work. By entering this competition, entrants:
(a) Consent to BOV making copies of or publishing the whole or any part of their entry and otherwise exploiting the entry and any rights in relation to the entry, to publicise this competition or for any other purposes.
(b) Undertake to BOV that their entry is not, and its use by BOV will not be, in breach of any third party intellectual property rights.
10. Entries that, in BOV’s judgment, are offensive, defamatory or otherwise objectionable or inappropriate or that infringe any third party rights will be invalid.
11. The judges’ decisions are final and no correspondence will be entered into.
12. BOV may, at its discretion, require any person under the age of 18 taking a prize to be accompanied by a parent or legal guardian while taking the prize.
13. The winner must, at BOV’s request, participate in all promotional activity (such as publicity and photography) surrounding this competition or the winning of any prize, free of charge, and they consent to BOV using their name and image in promotional material. Without limitation, entrants consent to being broadcast, filmed, photographed or otherwise recorded without compensation while participating in this competition, or in taking or using any prize, and they consent to BOV using any such broadcast, film or other recording at any time. Where the winner’s presence is requested for publicity purposes, all reasonable travel expenses will be reimbursed upon receipt of invoice and where agreed in advance.
14. The winner will be notified by email to the nominated email address provided by the entrant. If required by law or other relevant authority, BOV may publish the name of the winners. BOV will not publish the full address of any entrant.
15. The winner must accept the prize in writing by email reply to BOV within two working days of being notified of their winning entry.
16. If a prize is not claimed by the entrant, BOV reserves the right to distribute the relevant prize by awarding the relevant prize to the next best valid entry as considered by its judges.
17. BOV and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition or accepting the prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
18. BOV may require any winner to provide identification as requested by BOV including (without limitation) proof of identity and proof of age. Identification considered suitable for verification is at BOV’s discretion and may include suitable photo identification.
19. If due to any reason whatsoever BOV becomes aware after an entrant has won the prize that the entrant has not complied with these terms, that entrant will have no entitlement to the prize, even if BOV has announced them as a winner and that entrant will be required, at the direction of BOV, to return or otherwise make restitution of the prize.
20. BOV may, in its sole discretion, disqualify any or all entries from, and prohibit further participation in this competition by, any person who tampers with or benefits from any tampering with the entry process or with the operation of the competition or acts in violation of these terms, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
21. No prize is transferable or exchangeable, nor can any part of it be redeemed for cash. In the event for any reason a winner does not take an element of any prize at the time stipulated by BOV then that element of the prize will be forfeited by the winner and cash will not be supplied in lieu of that element of the prize. Where a prize is unavailable for any reason, BOV may substitute for that prize another item of equal or higher value as determined by BOV, subject to the approval of the relevant authorities in the relevant state, if required.
22. If for any reason any aspect of this competition is not capable of running as planned, including by reason of infection by computer virus, telephone network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of BOV, BOV may in its sole discretion cancel, terminate, modify or suspend the competition, or invalidate any affected entries, subject to the approval of the relevant authorities, if required.
23. Without limiting any other paragraph, BOV may at its discretion amend any aspect of this competition or of these terms, subject to applicable laws and subject to the approval of the relevant authorities, if required.
24. BOV accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought.
25. Each entrant must ensure that any other person whose details have been provided by the entrant to BOV for the purposes of the entrant’s participation in this competition has given their implied or express consent for their details to be provided to BOV and its associated agencies and companies and to be contacted by BOV or any of its associated agencies and companies in relation to this competition.
26. The information entrants provide will be used by BOV for the purpose of conducting this competition. By entering this competition, entrants consent to the storage of their personal information on the databases of BOV and its associated agencies and companies and its related bodies corporate and BOV and its associated agencies and companies may use this information for future promotional and marketing purposes regarding their products and services including contacting entrants via electronic messaging. BOV may disclose entrants’ personal information to its contractors and agents to assist in conducting this competition or communicating with entrants. Personal information will not be supplied to third parties or used for marketing purposes.
27. BOV is considered the Promoter of this competition. The contact details and websites of BOV are as follows: Bristol Old Vic, King Street, Bristol, BS1 4ED; Tel: 0117 987 7877; firstname.lastname@example.org
4 March 2015