Sky Arts Guitar Star Competition
Terms and Conditions for Entrants
Entering the Competition
- These terms and conditions ("Terms and Conditions") relate to your application to participate in a guitar musician talent search competition ("Competition") being filmed for a series of programmes provisionally entitled "Guitar Star" (the Series"), which Somethin Else Sound Directions Ltd ("the Producer", "We", or "Us") together with our co-producer GroupM Entertainment Limited ("GME") propose but do not undertake for Sky UK ("Sky"). The information and video footage of You playing guitar given by you in your application may be used in the Series even if you do not get invited to the audition stage.
- By entering the Competition, You ("You" "Your")) are accepting these Terms and Conditions, and You acknowledge that the Terms & Conditions may be changed (whether verbally, in writing or otherwise) by the Producer at any time at its sole discretion.
- You must be in good health and know of no reason why You should not be able to participate in the Competition. The Competition is open to all guitar musicians (with the exception of bass guitars and other stringed instruments such as ukulele, banjo, lute) of all standards - amateur, professional or hobbyists - who: (i) are British Nationals, Irish Nationals or have the legal right to reside in the UK, Republic of Ireland or the Isle of Man (ii) hold a valid passport. You will, upon request, provide the Producer with supporting documentation in order to substantiate this, and will immediately notify the Producer of any change in Your immigration or residential status.
- If You are under 18, You will need Your parent(s) or legal guardian to approve your application for the Competition. If You are chosen to participate in the Competition You will need to provide written consent from Your parent(s) or legal guardian prior to filming. If You are invited to attend an Audition, a Heat, or chosen as a Semi-Finalist or Finalist, You will need to be accompanied at each stage by a parent or legal guardian. Proof of age will be required at the auditions.
- Employees, officers, directors and agents of Sky, GME or the Producer, or any of their respective licensees, assigns, parents, affiliated and subsidiary companies, and the immediate family or members of their households are not eligible to appear on the Series or participate in the Competition or this application process.
- You will not be eligible to take part in the Competition if you have an existing recording or publishing contract in place with an exclusivity clause. For the avoidance of doubt You must provide the Producer with details of any such arrangements.
- The opening date for the applications is TBC. The closing date for applications is 11pm on Thursday 10th March 2016, or at such other date and time as the Producer may elect in its sole discretion and as stated on skyartsguitarstar.tv website ("the Competition Website") or other promotion. Entries received after that date and time may not be considered.
- To enter the Competition, You must complete and submit the online application form on the Competition Website and include:
- A link to at least one video clip of Yourself playing the guitar ("the Guitar Entry"). The clip must be between 1 to 2 minutes in duration.
- One passport style photo of Yourself. Up to a maximum size of 2MB.
- Only one entry can be submitted per person. Entries on behalf of another person will not be accepted.
- We reserve the right to disqualify Your entry if:
- Your entry is incomplete;
- You do not meet the entry criteria;
- You are not eligible to enter the Competition;
- You cannot be contacted;
- You do not respond within 7 days of being contacted by us in relation to Your Competition entry;
- You are not reasonably available to participate in the Competition in accordance with the production requirements of the Series; or
- You are found to have knowingly supplied inaccurate, misleading or false information.
- The Producer reserves the right to introduce other application methods in its sole discretion and the closing date for such methods will be stated on the Competition Website or other promotion.
- Our decision on all matters relating to the application process, the Competition and the Series is final and binding in all respects, and no correspondence will be entered into.
- If You have any questions about how to enter or in connection with the Competition, please email Us at email@example.com with "Guitar Competition" in the subject line.
Picking the Winner
The Audition stage
- The first stage of the Competition will consist of televised auditions (the "Auditions") intended to take place in London in either March or April 2016.
While the Producer fully intends to stage the Auditions as outlined above, the Producer reserves the right to alter the locations or dates if necessary for the needs of production.
- The Producer will review the performances provided in Your Guitar Entry and application and all the valid Competition entries using the criteria in paragraph 20 below and select the entrants who will be invited to attend the Auditions. As part of the selection process for Auditions the Producer may contact you for further information or to arrange a date and time to meet you in person and see you perform. Acts may be invited to audition for the Series by the Producer. Such acts will be required to audition on the same basis as any other entrant and these Terms and Conditions will apply.
- The Producer will notify those successful entrants who have been selected to appear at the Auditions ("Audition Artist(s)") by Friday 18th March, 2016, and will on notification confirm the date and location and times required for the Auditions and request verification of their eligibility to enter the Competition. Audition Artists will be required to take part in a televised event to be filmed in London in either March or April 2016. During the Audition, Audition Artists will be asked to perform on stage in front of the panel of judges. There will also be an audience consisting of members of the public. The Audition Artists must provide their own guitar for the purpose of performing at the Audition. The Audition Artists must agree the track they will perform in advance with the Producer (and the Producer's decision on the track choice will be final and binding). The track can be either something composed by Yourself or something taken from an approved list that the Producer will provide. Certain tracks must be excluded for legal reasons. The Audition Artists will be judged on the performance and a panel of Judges will then select artists from the Auditions (the "Shortlisted Artists") to go through to the next stage of the competition (the "Mentor Sessions"). Your Guitar Entry and any additional performances may be taken into consideration during this judging process.
Mentor Sessions stage
- The second stage of the Competition will consist of 3 rounds of mentoring of the contestants. In this stage, mentors will explore what makes a great guitarist and set the contestants various challenges based around these.
While the Producer fully intends to stage the mentor sessions as outlined, the Producer reserves the right to make amendments if necessary for the needs of production.
- The Producer will notify those successful entrants who have been selected to proceed through to the mentor sessions stage ("Shortlisted Artists") by the end of April 2016, and will on notification confirm the dates and locations and times required for the mentoring stage. Shortlisted Artists will be required to take part in three televised mentor sessions as specified in paragraph 16 above.
On completion of the mentor sessions, Shortlisted Artists will be judged on a performance in front of an audience and a panel of Judges will then select artists from this performance stage to go through to the next stage of the competition where contestants ("the Semi-Finalists") will participate as outlined in paragraph 18. Note Judges may also consider all previous performances seen during the competition process, right from the application videos when making any decisions.
- The Semi-Finalists will each be set 2 challenges during either May, June or July 2016, exact challenges, location and times to be determined by the Producer. At the end of this two-day period, the Finalists ("the Finalists") will be chosen by the Judges.
- The Finalists will be asked to attend a major Music Festival in July (or such other location and date/time as determined by the Producer in its sole discretion) ("the Final") where they will be asked to perform on stage in front of a panel of judges and members of the public. A panel of Judges will review the Final Performances and select an overall Winner ("the Sky Arts Guitar Star 2016") using the criteria in paragraph 20 below. The Sky Arts Guitar Star 2016 will be announced in a filmed programme intended to be recorded at the Final. All Finalists must be able to attend the Final.
- When choosing the Audition Artists, the Short-listed Artists, the Semi-Finalists, the Finalists and subsequently the Sky Arts Guitar Star 2016, the Judges will assess guitarists on a range of their abilities including technical ability, showmanship & creativity. However different genres and styles of playing require different skills and disciplines and so judging will take this in to account. You acknowledge and agree that the Judges' and Producer's decision shall be final and no correspondence will be entered into and You agree not to challenge or appeal against the Judges' and/or the Producer's decisions.
- If You are chosen as an Audition Artist (as defined in paragraph 15 above), You must be available for filming in March or April (and potentially, if chosen, for May, June & July 2016) Notwithstanding the intended Auditions dates indicated at paragraph 13 above (which are subject to change), and notwithstanding any date confirmation provided at the time of Your notification that You are an Audition Artist, the Producer reserves the right to add and/or further alter dates where necessary for the needs of production. [You agree you will try to be available for any alternative and/or additional dates requested in May, June, July, 2016.]
- If You are chosen as a Shortlisted Artist (as defined in paragraph 17 above), You must be available for filming at the end of May and start of June and potentially, if chosen, the rest of June and July 2016. Notwithstanding the intended Mentor sessions dates indicated at paragraph 16 above (which are subject to change), and notwithstanding any date confirmation provided at the time of Your notification that You are a Shortlisted Artist, the Producer reserves the right to add and/or further alter dates where necessary for the needs of production. [You agree you will try to be available for any alternative and/or additional dates requested in May, June, July 2016.]
- If You are chosen as a Semi-Finalist (as defined in paragraph 18 above), in addition to the dates outlined in Paragraph 13 & 16, You agree to be available for two days further filming of You during June.
- If You are chosen as a Finalist, in addition to the above filming dates and those outlined in Paragraph 25, You agree to be available to undertake up to two further filming days during July and to attend the Final, intended to take place during July 2016. While the Producer fully intends to undertake this additional filming and the Final during July 2016, the Producer reserves the right to alter the dates above if necessary for the needs of production, and You agree to use Your best endeavours to make Yourself available for any dates requested. You may be required to travel away from home for up to 7 days during this period.
- The Sky Arts Guitar Star 2016 will receive:
The Winner's prize of the chance to perform at a Music Festival in 2016;
If the Sky Arts Guitar Star 2016 rejects his/her prize, then the Winner's prize will be forfeited and Producer shall be entitled to select another Winner or offer the Winner an alternative prize. In addition in the event that the Producer is unable to provide the main prize (for any reason) of the chance to perform at a Music Festival in 2016 the Producer reserves the right to provide an alternative prize to the Winner to be determined at Producer's sole discretion.
- The Winner's prize cannot be exchanged by You or transferred by You and cannot be redeemed by You for any other prize unless at the Producers direction.
- Entries for the Competition will be acknowledged on receipt, but the Producer accepts no responsibility whatsoever for entries that are lost, delayed, misdirected or incomplete or cannot be delivered or entered for any technical or other reason. Proof of delivery of the entry is not proof of receipt.
- You are responsible for the cost (if any) of creating Your Entry and application and sending it to Us, as well as all other costs associated with Your participation in the Competition.
- If You are chosen as a Shortlisted artist, Semi-Finalist or Finalist and are asked to travel away from home or are invited to attend the Final, the Producer shall supply and pay for Your reasonable and pre-agreed travel and hotel costs.
- By entering the Competition, You agree to the collection, retention, usage and distribution of Your personal information in order to process and contact You about Your Competition entry. The information You supply in connection with Your Competition entry (including Your personal details):
- may be included in a database compiled for the Series and will only be used for the purposes related to the production, exploitation and/or promotion of the Series or otherwise by Sky;
- may be used for inclusion and/or read out in the Series; and
- will not be supplied to third parties other than as is reasonably necessary for purposes related to the production, exploitation and/or promotion of the Series. All personal details will be kept secure.
- If You are selected as a Audition Artist, You must when You are first contacted by us disclose all details of any and all criminal/civil actions currently pending against Yourself and/or served against You and/or any unspent convictions and You shall notify Us immediately in the event that any criminal charges are brought against You or if any information provided in Your application becomes inaccurate between now and the date of first transmission of the Series. If you have previous unspent criminal convictions, it does not necessarily mean that you will not be invited to take part in the Competition, as all circumstances told to Us will be taken to into account. If You are selected as a Shortlisted Artist, Semi-Finalist or Finalist, You hereby agree to authorise the Producer to conduct background checks (including but not limited to Disclosure and Barring Service (DBS)/Disclosure Scotland checks) in order to verify any of the information provided by You.
- All information supplied (including personal details) in Your entry or otherwise provided must be truthful, accurate, complete and in no way misleading. We reserve the right to disqualify You if You have supplied untruthful, inaccurate, misleading or incomplete personal details and/or information, have failed to abide by the rules of the Competition, and/or are in breach of these Terms and Conditions and/or act in some way which We believe will bring Us, GME, and/or Sky and/or the Competition and/or the Series into disrepute and/or impair the integrity of the Competition generally.
- You will not without the Producer's or Sky's prior written consent disclose, publicise or discuss with any third party and/or otherwise publish or transmit (on any platform, including all forms of social media) any information or photographs relating to Your application or the Series, Your appearance or participation in or contribution to the Series, the production team or any participants in the Series nor any other information which may come to Your attention (including without limitation in relation to the Producer, GME or Sky or otherwise) save where such information is already public knowledge. Breach of confidentiality is a serious matter and the Producer reserves the right to disqualify You if You disclose any confidential information.
- In the event that You are chosen as a Shortlisted Artist, Semi-Finalist or Finalist, You and anyone You intend to bring with You to the Mentor Sessions, or subsequently the Semi-Final or Final programme at a Music Festival, may be filmed for the Series. The person accompanying You will be required to sign a release form.
- Prior to, and as a condition of, Your participation in the Auditions, Mentor Sessions, and if relevant the Semi-Final or Final, You will be required to sign a separate Contributor Agreement, Health Declaration and any other further agreements as may be requested by the Producer or Sky (together, "the Agreement"). The Agreement will provide, among other things, that in consideration of Your participation in the Series, the Producer will own all of the rights in the Series including Your contribution which will be freely available for worldwide broadcast and all other media purposes without any payment to You. The Agreement will also set out Your obligations with regard to Sky and any sponsors of the Series, the rules and regulations relating to the Mentor Sessions, Performance Stage, the Semi-Final and the Final (which you hereby agree to abide to), and will set out in detail the rights in the Competition Performance (indicated briefly for information in paragraph 39 below, but subject to any amendments or additions as may be included in this Agreement) which You will grant to Us. The terms of the Agreement will be materially in accordance with the Terms and Conditions set out here but the Producer reserves the right to delete, add, vary any terms in the Agreement which it determines, a its discretion, to be desirable or necessary.
- All Rights including any copyright in all performances created by You during the course of the Competition and the Programme (the "Competition Performance") is hereby assigned to the Producer.
- the right to include the Competition Performance in footage recorded for the Series, including publicity thereof in all media;
- the right to reproduce the Competition Performance for any purpose associated with the Series and/or Sky, whether on a commercial basis or not;
- The right to use or include the Competition Performance to undertake licensing and merchandising (including without limitation, publishing) in all media (including without limitation, digital/online), related to the Series, on a commercial basis;
- The Shortlisted Artists, Semi-Finalists and Finalists may be required for promotional activity related to the Series and/or Sky and/or programme sponsors and partners (which may include, without limitation, those persons presence and/or services as a marketing competition prize, and recorded interviews for use on programme sponsor websites and marketing materials) and shall participate in all such activities on the Producer's request without compensation. The Shortlisted Artists and the Semi-Finalists and Finalists consent to the use by the Producer, both before and after the closing date of the Competition for an unlimited time, of their voice, image, photograph and name for publicity purposes (in any medium, including still photographs and films, and on the internet, including any websites hosted by Us) and in advertising, marketing or promotional material without additional compensation or prior notice, and by entering the Competition all entrants consent to the same.
- By submitting an entry to the Competition, You grant to Us in relation to all of the materials submitted by You (including without limitation any recordings, paintings, drawings, photographs or video submitted) (the "Materials"):
- the right to record footage and images of the Materials ("Footage");
- all necessary rights and consents for the full period of copyright (and afterwards so far as possible in perpetuity) to exhibit/make available at the Producer' sole discretion the Materials as part of the Footage in any way and in any media and means (now known or hereafter devised) throughout the world;
- a non-exclusive, royalty-free licence to use and publish the Materials in electronic format (including on the Producer's websites) for purposes connected with the Competition; and
- the right to use Your name, photograph and town or city of residence for the sole purpose of identifying You as the author of Your Competition entry and/or as a Shortlisted Artist, Semi-finalist or Finalist of the Competition.
- The Producer shall be free to assign or license their rights in the Footage and/or Materials without Your prior consent and under no circumstances shall You be entitled to injunct or restrain the transmission or use of the Footage or Materials (or any part of it).
- You irrevocably and unconditionally waive any so-called "moral rights" in the Footage and/or the Materials and/or your Competition Performance (whether arising under sections 77 to 85 (inclusive) or sections 205(C) to 205(N) (inclusive) of the Copyright, Designs and Patents Act 1988 or otherwise) as You now have or may acquire and You undertake not to institute, support, maintain or permit any action or lawsuit in any part of the world on the grounds that the Footage and/or the Materials and/or or the Series in any way constitute an infringement of Your moral rights or on the grounds that the Footage and/or Materials have been subjected to a derogatory treatment.
- You warrant that You own the copyright to Your Competition entry as its author, and that You own and can grant all rights in Your Materials as required under these Terms and Conditions. You also warrant that the Materials shall not contain any material that constitutes an infringement of copyright of a third party.
- Neither the Producer nor GME accept responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by You as a result of Your entering into the Competition. The Producers further disclaim liability for any injury or damage to You or Your Materials relating to or resulting from downloading or delivering such Materials.
- If You cannot be contacted within a reasonable time period, or are not able or available to participate in the Competition in accordance with the Producer's requirements for any reason, then the Producer reserves the right to award a place in the Competition to another entrant. If a Finalist is not available to be nominated as the Winner for any reason, then the Producer reserves the right to nominate another entrant.
- The Producer reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Competition with or without prior notice due to reasons outside the Producer's control.
- The Series is intended for first broadcast in Summer 2016 on Sky Arts but the Producer provide no guarantees in this regard.
- Nothing in these Terms and Conditions shall exclude the Producer's liability for death, personal injury, fraud or fraudulent misrepresentation as a result of the Producer's negligence.
- The Competition and these Terms and Conditions will be governed by English law and shall be subject to the exclusive jurisdiction of the courts of England and Wales.
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