1. Eligibility of Participants
o 1.1 Open only to individuals who are legal residents of the United Kingdom.
o 1.2 Participants must be 18 years of age or older. Any contestants younger than 16 years of age must obtain parental consent before entering.
2. Entry Requirements
o 2.1 Images submitted to Magic must be provided in the following file formats: jpg.
o 2.2 Submissions of images by Competition Participants (‘’Submission(s)’’) must not contain obscene or indecent material, including but not limited to nudity, pornography or profanity; it must not contain defamatory content, including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group. The Submission must not include threats to any person, place, business, group or world peace; it must not invade privacy or other rights of any person, firm or entity, and it must not in any other way violate applicable laws and regulations or network standards.
o 2.3 Each Submission must not contain or reference any third party trademarks.
o 2.4 Each Submission must not contain any copyrighted works.
o 2.5 You must hold all rights for visual content you upload as either your own work or as written consent supplied to you by the owner.
o 2.6 Any elements appearing in your Submission, including without limitation music, audio, speech/voiceovers, stills, video, supers, or other audiovisual materials used must either be entirely original, created and performed by you or you must be able to supply written proof that you own the rights.
3. Warranties and Liability
As conditions of entry:
o 3.1 You warrant and represent that you own all rights to the Submission you are entering, including without limitation, the video, photography or digital recording, and the performance contained in each Submission, with the exception of any Magic brand assets provided by Magic for use by entrants in connection with this Competition.
o 3.2 You warrant and represent that you have obtained permission from each person who appears in the Submission.
o 3.3 You warrant and represent that your Submission(s); (a) are original to the yourself and have been legally obtained and created, (b) do not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws, regulations, or network standards; (c) have not been entered in or won previous competitions or awards; and (d) have not been published previously in any medium.
o 3.4 You irrevocably grant to Magic, the relevant Parties (as such term is defined in these terms and conditions) and their affiliates, the unconditional and perpetual right and permission to copyright, reproduce, encode, store, copy, transmit, publish, broadcast, display, publicly perform, adapt and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Competition Participant's Submission in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party.
o 3.5 If you enter this Competition, it may be necessary for us to provide your personal information to the promoters of the Competition or to others that are involved in the organisation of the Competition or the Prize-giving (the relevant ‘’Parties’’). If you do not wish us to do this, you should not enter this Competition. By entering this Competition you irrevocably grant to Magic the right to use your name, address, image, voice, likeness, statements, biographical material and, including, but not limited to the video or digital recording and performances contained in any of the above items (in each case, as submitted or as edited/modified in any way by the Magic and the relevant Parties) as well as any additional photographic images, video images, portraits, interviews or other materials relating to you and arising out of your participation (with or without using your name) (collectively, the "Additional Materials").
o 3.6 You acknowledge and agree that, if your Submission is chosen (as defined in Rule 4 below), that you will execute the necessary documentation to ensure you will have irrevocably assigned and transferred to Magic any and all rights, title and interest in the Submission, including, without limitation, all copyrights, and that you waive all moral rights in your Submission.
o 3.7 You forever waive any rights of privacy, intellectual property rights, and any other legal or moral rights that may preclude the relevant Parties' use of your Submission or Additional Materials, or require your permission for Magic or the relevant Parties to use them for any purpose, and you agree to never sue or assert any claim against Magic or the relevant Parties' use of those materials.
o 3.8 You agree to indemnify and hold Magic and the relevant Parties harmless from any and all claims, damages, expenses, costs (including reasonable legal fees) and liabilities brought or asserted by any third party due to or arising out of the your Submission or Additional Materials in this Competition , or your conduct during and in connection with this Competition , including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation.
o 3.9 No liability or responsibility is assumed by Magic or relevant Parties resulting from any user's participation in or attempt to participate in the Competition or ability or inability to upload or download any information in connection with participating in the Competition.
o 3.10 No responsibility or liability is assumed by the Magic or relevant Parties for technical problems or technical malfunction arising in connection with any occurrence which may affect the operation of the service including but not limited to: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the websites (i) www.magic.co.uk/terms; and (ii) www.goodmoodfilm.co.uk (the ‘’Websites’’) in whole or in part for any reason; traffic congestion on the Internet or the Websites; unauthorized human or non-human intervention of the operation of the service, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Competition , or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Competition.
o 3.11 Use of the Websites is at user's own risk. Magic and the relevant Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Competition, use of the Websites or the download of any information from the Websites.
Selection Criteria and Entry Mechanism
• 4.1 A judging panel consisting of Magic brand experts and selected guest judges will evaluate each eligible Submission and assess which best fulfils the brief and criteria which is available for Participants to view by visiting www.goodmoodfilm.co.uk.
• 4.2 The judges will meet regularly to assess the Submissions. The most creative Submissions, as chosen by the judges will feature in a media campaign (the ‘’Competition Finalists’’).
• 4.3 The Competition Finalist with the best Submission as chosen by the judges will be offered the following prize: (a) £1,000; and (b) their Submission will be featured on a billboard ( together the ‘’Prize’’)
• 4.4 The Competition Finalists will be revealed on the Magic website (www magic.co.uk/photo) throughout the Competition.
• 4.5 The Competition commences on 22 May 2009 at 18:30pm GMT and closes on 26th June 2009.
• 4.6 All Competition Finalists are subject to verification, including without limitation, verification of eligibility, compliance with the Competition terms and conditions and completion of necessary documentation.
• 4.7 If attempted winning notification is returned as undeliverable, if a Competition Finalist cannot be verified, or if a Competition Finalist is otherwise unable to be contactable, a new Submission may be selected as a Competition Finalist at Magic's discretion.
• 4.8 Participants agree that Magic has the sole right to decide all matters and disputes arising in relation to the Competition and that all decisions of Magic are final and binding.
• 4.9 The Competition Finalist with the best Submission, as selected by the judges (the ‘’Winner’’) and accepting the Prize agree to release, indemnify and hold harmless Magic and the Parties from any and all liability, loss, damage, cost or claim relating to any allegation regarding the acceptance or use of their Prize.
General Conditions
• 5.1 Competition Finalists will be notified by phone and/or mail.
• 5.2 Notification of winning status must be kept confidential until the Winner(s) are publicly revealed by Magic. In the event the Winner releases any information regarding this Competition into the public domain the Winner will be disqualified and an alternative winner will be selected.
• 5.3 If for any reason the process must be adjusted in situations including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Competition, Magic reserves the right, at its sole discretion to cancel, modify or terminate the Competition.
• 5.4 Magic reserves the right, at its sole discretion, to disqualify any individual Competition Participant deemed to be:
1. Tampering or attempting to tamper with the entry process or the operation of the Competition or any associated Website;
2. Violating the Competition terms and conditions;
3. Acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person;
5.5
1. Magic reserves the right to require a potential Competition Finalist to submit to a confidential background check to confirm eligibility and help ensure that such person will not bring Magic and the relevant Parties into public disrepute, contempt, scandal or ridicule or reflect unfavourably on the Competition as determined by Magic in its sole discretion.
2. Magic reserves the right to cancel, amend, terminate or temporarily suspend this Competition in the event of any unforeseen circumstances outside its reasonable control, with no liability to any entrant or third party.
Jurisdiction
Our terms and conditions shall be governed by and constructed in accordance with English law. You agree to submit to the exclusive jurisdiction of the courts of England.
