Gorillaz IE9 "Evangelist" Competition

Gorillaz IE9 "Evangelist" Competition - Terms and Conditions

These Terms and Conditions constitute the agreement between each Competition entrant and Microsoft Limited (the "Promoter") in relation to the Competition. By entering the Competition each entrant irrevocably agrees to be bound by these Terms and Conditions.

The Promoter has been granted the right to run the Competition in association with the Gorillaz Partnership. The Gorillaz Partnership shall be entitled to rely on and enforce these Term and Conditions as against any and all Competition entrants, including without limitation the assignment by each Competition entrant to the Gorillaz Partnership of all rights in all works submitted for entry hereunder (as set out under clause 6 below).

1. ELIGIBILITY:

i. This Competition is open to any person who is 13 years of age or older at the time of entry (the "Entrant"). Employees of the Promoter, the Gorillaz Partnership, CMO, EMI Records Limited, RMP, Flesh Eaters Limited or their affiliates, subsidiaries, advertising or promotion agencies are not eligible, nor are members of these employees' families (defined as parents, children, siblings, spouses and life partners).

Entrants under 18 years of age must obtain authorisation from a parent or guardian before entering. Promoter reserve the right to request evidence of such authorisation and to invalidate entries if the appropriate authorisation is or was not provided.

2. TO ENTER:

i. Entry will comprise of designing and submitting an image of the new Gorillaz character, 'the Evangelist', via the design applications available at www.gorillaz.com/evangelist. Incomplete or unattributed entries may be deemed invalid at the sole discretion of the Promoter. Entry constitutes full and unconditional acceptance of these Terms and Conditions. The Promoter reserves the right to disqualify anyone it deems, in its sole discretion to be in breach of these Terms and Conditions. No purchase is necessary to enter this Competition. As part of the entry process Entrants will be required to become registered users of Gorillaz.com (the "Website"). Only registered users of the Website will be able to submit their entries to the Competition.

ii. All entries will be moderated on the following criteria to be eligible to enter (an "Eligible Entry"):

• Images must adhere to the style, graphical representation and atmosphere of Gorillaz and Plastic Beach
• Images must be creative, original, playful and inventive
• Images must be the original sole work of the Entrant and created solely for the purposes of this Competition – entries found to have been previously created, used or distributed – even if these are the property of the Entrant – will not be accepted
• Entry content must not be defamatory, obscene, offensive or infringe or violate any other persons' rights. The content must not be illegal, hateful, threatening, pornographic, contain nudity or graphic or gratuitous violence. The Promoter reserves the right to refuse an entry containing any of the above.

iii. Entrants warrant that their entry(ies) do not violate the privacy, intellectual property rights or other rights of any other person or entity.

iv. It is intended that Eligible Entries will be uploaded onto a gallery on the Website on a weekly basis as set out under clause 3.ii below (subject to the volume of entries received and time taken for moderation) and may be also be uploaded and shared via other websites (including by way of example and without limitation, Facebook).

v. Any Competition entry(ies) may be taken down from the Website at any time for any reason, including without limitation where a claim has been made by any third party in relation to such entry(ies).

3. TIMING:

i. Entries for the Competition may be made from 02/11/2010 until 11.59:59 p.m. GMT on 28/11/2010.

ii. Users can submit only one entry during each one of four consecutive submission weeks. The closing dates for entries for each submission week are:

• Week 1 entries - 7/11/2010 (for intended upload on 9/11/2010)
• Week 2 entries - 14/11/2010 (for intended upload on 16/11/2010)
• Week 3 entries – 21/11/2010 (for intended upload on 23 /11/2010)
• Week 4 entries - 28/11/2010 (for intended upload on 30 /11/2010)

The date and timing for uploading of Eligible Entries to the Website shall remain subject to change at any time.

iii. In order to allow Entrants to amend their submitted entry during a submission week, any further submissions made by an Entrant during that same submission week will replace the last entry previously submitted by them during that same submission week. However, for the avoidance of doubt, an Entrant may not re-submit their entry from a previous submission week in any subsequent submission week(s).

iv. In the week after each submission week, users of Gorillaz.com will have the option to use one vote each per entry to shortlist the top 12 entries for the previous submission week. The Promoter reserves the right to disqualify anyone it suspects to be involved in voting fraud and invalidate the relevant votes which will no longer count.

v. The closing dates for voting are:

• Voting on week 1 entries - 15/11/2010
• Voting on week 2 entries – 22/11/2010
• Voting on week 3 entries - 29/11/2010
• Voting on week 4 entries - 6/12/2010

vi. From 7/12/10 to 13/12/10 inclusive all shortlisted entries are subject to a further round of public voting via the Website to select a final shortlist of 12 entries which will be submitted for final judging by Gorillaz's Jamie Hewlett.

vii. Gorillaz will confirm the winning entry and reveal Jamie Hewlett's final design of the new Gorillaz character, 'the Evangelist' (as designed by Jamie based on the winning entry, as set out in clause 7 below) on Gorillaz.com on 06/01/2011.

4. USE OF DATA:

Personal data which an Entrant provides when entering the Competition will be used to update them on the Gorillaz IE9 "Evangelist" Competition only.

5. SELECTION OF WINNER:

i. The winner will be chosen from the final shortlist of 12 entries by Jamie Hewlett and the Gorillaz design team through criteria set out below. Potential winners may be required to provide evidence of the eligibility of their entry(ies). The winner will be notified via email. If a potential winner cannot be contacted within 5 days of first attempted contact by the Promoter then an alternative winner may be selected. The winner will also be announced on www.gorillaz.com/evangelist, and though other media outlets.

ii. Winners:
The winner may be required to become involved in further publicity or advertising and must be prepared to do this including without limitation a winner's photo call.

iii. Judging Criteria for winning entry:
The criteria used to select the winner will be as follows:

• Imagination and originality in interpreting the brief
• Fulfils Plastic Beach ethos of irreverent creativity
• Quality of the entry execution
• Entry will fit in with Gorillaz' Plastic Beach existing collateral

iv. The judge's decision will be final and no correspondence will be entered into.

6. INTELLECTUAL PROPERTY:

i. By entering the Competition each Entrant hereby irrevocably and unconditionally:

1. assigns to the Gorillaz Partnership with full title guarantee, and where the assignment is of copyright, by way of an assignment of present and future copyright, the entire copyright and all other right, title and interest of whatsoever nature whether vested or contingent in and to their entry(ies) for the Gorillaz Partnership to hold the same absolutely throughout the universe, for the full period of such rights, and all renewals, reversions, revivals and extensions thereof and thereafter (insofar as is or may become possible) in perpetuity; and
2. grants to the Gorillaz Partnership all consents (whether pursuant to the Copyright Designs and Patents Act 1988 (as subsequently amended) or otherwise) as are required by the Gorillaz Partnership (and/or any party deriving rights from the Gorillaz Partnership, whether directly or otherwise) to exploit such rights as the Gorillaz Partnership (and/or such other parties) see fit without further recourse or payment to the Entrant (including without limitation the right to alter, adapt, edit, use and exploit such entry(ies) and authorise others to do so at the sole discretion of the Gorillaz Partnership and without further reference to the Entrant).

ii. Waiver of moral rights: By entering this Competition each Entrant hereby irrevocably and unconditionally waives in perpetuity the benefit of any provision of law known as moral rights, the benefits of any provision known as "droit moral" or any similar law in any country of the universe with respect to their entry(ies). To the extent that such moral or similar rights cannot be so waived, each Entrant irrevocably agrees not to assert them against the Gorillaz Partnership or any third party deriving rights from the Gorillaz Partnership, whether directly or otherwise.

iii. Further assurance: Each Entrant hereby undertakes and covenants to the Gorillaz Partnership to do all such further acts and execute all such further documents and instruments as the Gorillaz Partnership may reasonably require, to vest in or further assure to the Gorillaz Partnership the rights in their Competition entry(ies) hereunder.

7. PRIZE:

i. The winning entry will be re-drawn by Gorillaz's Jamie Hewlett whose final design of the new Gorillaz character 'the Evangelist' (as based on such winning entry) shall then be uploaded onto Gorillaz.com.

ii. The winner will be credited on the Competition page and will receive a Gorillaz "gift pack" including a print of Jamie's final design of 'the Evangelist' as signed by Jamie.

iii. The final re-drawing of the winning entry is at the Gorillaz Partnership's sole discretion. The Competition winner will have no final say on the finished design, and by entering this Competition waves all rights to creative sign-off.

iv. The prize is as stated and is not transferable. No cash alternatives are available.

8. LIABILITY:

i. The Promoter does not accept any responsibility for any additional costs incurred by the Entrant whilst executing their Gorillaz IE9 "Evangelist" entry(ies). Any and all costs incurred by the Entrant in process of executing their Gorillaz IE9 "Evangelist" entry(ies) are the sole responsibility of the Entrant and will, under no circumstances be covered by the Promoter or the Gorillaz Partnership.

ii. The Promoter cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party. Entrants to this Competition agree that the Promoter will have no liability whatsoever for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of the prize. Nothing in this clause shall limit the Promoter's liability in respect of death or personal injury arising out of its own negligence or arising out of fraud.

iii. If an Entrant attempts to compromise the integrity or the legitimate operation of this Competition by, for example, hacking or by cheating or committing fraud in ANY way, the Promoter and/or the Gorillaz Partnership may seek damages from the Entrant to the fullest extent permitted by law.

iv. "The Promoter does not accept responsibility for network, computer or software failures of any kind, which may restrict or delay the sending or receipt of your Entry. The Promoter is not responsible for lost, corrupted or delayed entries. Entries sent via agents or third parties may not be accepted. Proof of sending is not proof of receipt."

9. WINNER:

i. Each Entrant consents to their Gorillaz.com user name and their name and likeness being made publicly available, including without limitation for use in crediting their entry within the entries gallery on the Website and elsewhere.

ii. The winner's name will be available on www.gorillaz.com/evangelist and may be used elsewhere for publicity in relation to the Competition. The winner may be invited to take part in unpaid promotional PR activity.

10. OTHER:

i. No correspondence will be entered into regarding either this Competition or these Terms and Conditions. In the unlikely event of a dispute, the Promoter's decision shall be final. The Promoter reserves the right to amend, modify, cancel or withdraw this Competition at any time without notice.

ii. These terms, the conduct of this promotion and the interpretation and enforcement of these Terms and Conditions shall be exclusively governed and construed in accordance with the laws of England and Wales, unless the Entrant is a Scottish resident, in which case they may choose the law of their own country of residence. Entrants irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales, unless they are a Scottish resident or a resident of Northern Ireland, in which case they may choose the courts of their place of residence.

Promoter: Microsoft Limited, Microsoft Campus, Thames Valley Park, Reading, RG6 1WG, England.