terms & conditions

TERMS AND CONDITIONS FOR THE MTV/EU ANTI-SMOKING COMPETITIONS

1. The series of MTV/EU Anti-Smoking Competitions taking place from 14 September 2009 to 18 October 2009 (inclusive) on the dates set out below (“Competition(s)") will be governed by these terms and conditions (the “Terms") and entrants agree that they have read and understood these Terms and will be bound by them. The Competitions shall run on the following dates: Competition 1: 14 September 2009 (start date) – 20 September 2009 (closing date) Competition 2: 21 September 2009 (start date) – 27 September 2009 (closing date) Competition 3: 28 September 2009 (start date) – 4 October 2009 (closing date) Competition 4: 5 October 2009 (start date) – 11 October 2009 (closing date) Competition 5: 12 October 2009(start date) – 18 October 2009 (closing date)
2. Entrants may enter each Competition by answering one (or more) multiple choice question(s) online at URL www.mtv-smokescreen.com. Costs to enter the Competitions via the internet may vary so please check with your service provider for current charges. Entrants should seek the permission of the person paying the bill before entering.
3. Each Competition shall close at 23:59 (BST) on the applicable closing date set out in paragraph 1.
4. The Competitions are open to residents of the following countries: Belarus, Bulgaria, Czech Republic, Cyprus, Germany, Iceland, Israel, Italy, Luxemburg, UK, Poland, Spain, France, Netherlands, Belgium, Hungary, Portugal, Ireland, Sweden, Austria, Finland, Denmark, Romania, Lithuania, Greece, Latvia, Malta, Moldova, Slovak Republic, Adria and Estonia, aged eighteen (18) and over, excluding employees and immediate relatives of employees of Viacom Brand Solutions Limited (the “Promoter") and/or of MTV Networks Europe, and/or the European Commission and/or Quit UK or of their respective parents, subsidiaries or affiliated companies or any other person professionally connected with the Competitions.
5. One (1) entry per person per Competition. Multiple entries will be void and the entrant disqualified. All entrants shall be responsible for ensuring that their entry and/or acceptance of the prize(s) does not contravene any local laws or regulations in the country in which they are resident. This competition shall be void where prohibited or restricted by law.
6. All entries must include name, age, address, (including postcode), email address, telephone number of entrant and answer(s) to the question(s).

7. In respect of Competitions 1, 2, 3 and 4, two (2) winners (per Competition) will be selected. These will be the first two (2) entries randomly drawn from all correct entries received.

   The will be only one (1) winner of Competition 5. This will be the first entry randomly drawn from all correct entries received.

8. Each winner shall receive:
   

   Winners of Competitions 1, 2, 3 and 4:

   Each winner shall receive two (2) tickets to the MTV Europe Music Awards 2009 taking place in Berlin on 5 November 2009 (the “EMAs").

   For the avoidance of doubt, winners of Competitions 1, 2, 3 and 4 shall receive tickets only – travel, accommodation, meals etc are not included and winners (and their guests) must make their own arrangements for getting to the EMAs.

   Winners under eighteen (18) years must attend the EMAs with a parent or legal guardian.

   The winners must be able to attend the EMAs and no alternative dates shall be available.

   Winner of Competition 5:

   The winner of Competition 5 shall receive a trip for them and three (3) friends to attend the EMAs. The trip shall include:

   • travel to Berlin (either by plane or train) for the winner and three (3) friends from an airport or a station close to the winner’s residential address.
   • transfers for the winner and three (3) friends from the airport or station to their hotel and back
   • two (2) nights accommodation at a hotel close to the venue for the winner and three (3) friends (in 2 x twin or double rooms)
   • 4 x tickets to the EMAs

   If the winner is under eighteen (18) years, their parent or legal guardian must be one of the friends which come on the trip.

   Approximate Prize value is £3,437.50 depending on where the winner is resident.

   The winner and the winner’s guests must hold a valid EU passport and any other necessary travel documentation (including, without limitation, visas where necessary).

   THE WINNER AND HIS/HER GUESTS MUST BE AVAILABLE TO TRAVEL TO THE DESTINATION ON 4 NOVEMBER 2009 AND RETURN ON 6 NOVEMBER 2009. NO ALTERNATIVE DATES WILL BE AVAILABLE.

9. For the avoidance of doubt, the prizes do not consist of anything other than expressly set out in Term 8 above and no additional costs (including, without limitation, spending money) are included.
10. The winners may be required to provide a written acknowledgement of acceptance of all the Terms of the Competition(s) (along with a parent’s or legal guardian’s signature if they are under eighteen (18) years of age) prior to receiving their prize.
11. The winners of the prizes are responsible for all applicable taxes and expenses not specified in the prize description.
12. The winners will be notified by telephone within a week of the closing date of each Competition. Winners must be able to pick up their tickets from the venue before the start of the event and must be able to provide proof of ID upon collection of their tickets.
13. In the event that the Promoter cannot for any reason contact any prize winner within 48 hours of the closing date, the Promoter reserves the right to select another winner.
14. The Promoter reserves the right to select an alternative winner in the event that the Promoter has reasonable grounds for believing that a selected winner has contravened any of these Terms.
15. The Promoter’s decision is final with respect to any aspect of the Competition(s), including the determination of any winner of a prize. No correspondence will be entered into.
16. By entering the Competition(s) all entrants hereby grant to the Promoter and their respective parents, subsidiaries and affiliated companies a perpetual, worldwide, royalty-free, irrevocable, non-exclusive licence to use, reproduce, copy, adapt, transmit, broadcast, publish or delete any information or other material including without limitation, the entrant’s name, entry, photograph, likeness, biographical information, voice, text, images, designs, audio and/or video clips submitted in entering or any statement made by them concerning the Competition(s) ("Submissions") in any and all media as they, in their discretion, see fit.
17. By entering the Competition(s), all entrants hereby grant the Promoter the exclusive right to film, tape, sound record and photograph all their activities in connection with the Competition(s) and (if applicable) any prizes. Everything filmed, taped or recorded by the Promoter shall be known as “Footage". All Footage shall be owned by the Promoter and all entrants agree that the Promoter can use any Footage in any and all media in perpetuity throughout the world as the Promoter in its sole discretion sees fit.
18. All entrants hereby irrevocably and unconditionally assign to the Promoter with full title guarantee (and by way of present assignment of present and future rights) all intellectual property rights in any Footage throughout the world for the full unexpired period of such rights and all renewals, reversions and extensions of such period as may be provided under any applicable law throughout the world.
19. All entrants hereby irrevocably and unconditionally waive in favour of the Promoter, the Promoter’s affiliates and their licensees, assigns and successors in title, all moral rights in any Submissions and/or Footage to which he or she is, or may at any time in the future be, entitled.
20. Entrants acknowledge that they may be required to be used in publicity without further consent or payment if they are selected as a winner.
21. The Promoter can accept no responsibility for entries lost, delayed, misdirected, damaged or undelivered. Incomplete, inaudible and/or illegible entries will be disqualified. The Promoter shall not be responsible for technical errors in telecommunications networks, internet access or otherwise preventing entry to any Competition.
22. The prizes are as stated and are non-transferable. No cash alternatives will be offered. If due to circumstances beyond the Promoter’s control the Promoter is unable to provide any stated prize or any part of it, the Promoter reserves the right to award a substitute prize of equal or greater value. All prizes are subject to the additional terms and conditions of the manufacturer or supplier.
23. No purchase necessary.
24. The Promoter shall not be liable for any delay in performing or partial or total failure to perform any of its obligations to the winners and/or any guests and/or parents/legal guardians under these Terms if such delay or failure is caused by circumstances beyond its reasonable control including without limitation delays, changes, disruptions, cancellations, diversions or substitutions howsoever caused including without limitation as a result of war, terrorist action or threatened terrorist action, strikes, hostilities, civil commotions, accidents, fire, flood or natural catastrophes or arising without limitation out of or in connection with (i) the activities of third party event organisers; (ii) any form of transportation (including but not limited to flights, trains, coaches, buses, ferries, taxis or cars); and/or (iii) by third parties providing accommodation included in the prize. For the avoidance of doubt, the affected winners and/or any guests and/or parents/legal guardians shall be solely liable for any additional costs incurred as a result.
25. Nothing in these Terms shall limit the Promoter’s liability for death or personal injury caused by negligence of the Promoter and/or deceit or fraud by Promoter.
26. Each provision excluding or limiting liability is to be construed separately and will apply and survive even if for any reason any of the other provisions are held to be inapplicable or unenforceable in any circumstances. Each of the provisions excluding or limiting liability will remain in force notwithstanding any termination of these Terms.
27. The names of the winners (if applicable) can be obtained by sending a stamped, self-addressed envelope to VBSI, UK House, 180 Oxford Street, London, W1D 1DS (specifying the name of the Competition), for one (1) month after the Competition closes.
28. Any personal information, including without limitation, the entrant's name, age, address (including postcode), telephone number and/or email address will be used solely in connection with the Competition(s) and for any purpose for which the entrant specifically opts in and will not be disclosed to any third party except for (a) the purpose of fulfilling the prize(s) where applicable and (b) for any purpose for which the entrant specifically opts in. Any personal information held by the Promoter in respect of any Competition will be held on record for a reasonable period to fulfil the purpose for which such personal information was collected. If an entrant gives the Promoter permission to pass on their personal information to a third party then this shall no longer be the responsibility of the Promoter and shall be subject to the privacy policy of that third party.
29. Only entries from individuals will be accepted. Any entries that the Promoter believes have (a) been made via participation in a syndicate or (b) via any form of machine assisted intervention enabling computer generated multiple entries, will be disqualified. The Promoter reserves the right to discount multiple entries from the same IP address.
30. These Terms may be amended or varied at any time by the Promoter on notice. No waiver of any rights by the Promoter or any entrant will be taken as a waiver of any other rights it may have. For example, if the Promoter waives its right to complain about a particular breach of these Terms by an entrant, it does not prevent the Promoter from complaining about other breaches.
31. These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes shall be subject to the non-exclusive jurisdiction of the English Courts.
32. Any queries regarding the Competition(s) should specify the name of the competition and be addressed to:
    

    VBSI, UK House, 180 Oxford Street, London, W1D 1DS.

I understand that Viacom Brand Solutions Limited wishes to enter into these MTV/EU Anti-Smoking Competition Terms with the Entrant named above. I hereby confirm that:

1. I am the parent or legal guardian of, and have parental responsibility for, the Entrant, who lives with me at the above address;
2. I have read these MTV/EU Anti-Smoking Competition Terms and have discussed them with the Entrant who understands what is required of them. I hereby consent to the Entrant entering the MTV/EU Anti-Smoking Competition and receiving any stated prize should they be selected as a winner or a runner up (if applicable).