Terms & Conditions

The 2008 Red Stripe Music Award Competition. References to "the Competition" shall mean the competition promoted by [Wells & Young's Brewing Co. Ltd] ("Red Stripe") currently entitled "Red Stripe Music Award" as more particularly described at http://www.redstripe.net (the "Competition Website") as the same may be updated or rebranded. These terms and conditions shall form a binding agreement between the artist (or artists in accordance with the terms below) entering the competition ("Artist") and Red Stripe and, by entering the Competition, the Artist agrees that they have read these terms and conditions and agree that they will be bound by them.

1. Eligibility and entry requirements.

   The Competition is open to residents of UK aged 18 or over only who meet the following criteria:

   • The Artist uploads an original audio [and] recordings ("Recordings") of musical works performed exclusively by the Artist;
   • All of the words and music comprised in such musical works (together the "Composition") must have been written entirely by the Artist;
   • The copyright in the Composition and the Recording must be 100% owned and controlled by the Artist;
   • The Artist completes the application form available on the Competition Page ("Application Form") and supplies all information requested on the Application Form;
   • the Artist agrees to accept all of the terms and conditions of the Competition (including without limitation the licence described in clause 3.2); and
   • neither the Artist nor the Artist's immediate family are employees of Red Stripe, Music Week or their associated companies.

   Any Artist whom Red Stripe, acting in its sole discretion, does not fulfil all of these entry criteria may be rejected or removed from the Competition at any time. No correspondence in relation to the exercise of such discretion will be entered into.

2. Group Artists.

   If Artist is entering the Competition as part of a group of one or more other artists then Artist shall be deemed to enter the Competition on behalf of all members of the group and warrants, represents and undertakes that he or she is entitled to do so and references to "Artist" shall be deemed to include such group members. The liability of all members of the group under the terms and conditions of the Competition shall be joint and several.

3. Competition Details.

   1. 3.1 The Competition shall commence on 10th Jan 2008 at 12 noon British GMT Time ("BST") and continue until 11:00 pm BST on 30th March 2008 ('the Competition Term'). The Competition Term may be extended or shortened by Red Stripe; any such change may be made by notification directly to the Artist or by general notification at the Competition Website. Any Recordings and Compositions made available before or after these times and dates (for any reason) shall be discounted.
   2. 3.2 The Artist shall ensure that the Recordings are free from any virus or other technological harm that may affect the Competition Website. The Artist grants Red Stripe an irrevocable, royalty-free, non-exclusive licence to retain on the computers and related equipment associated with the Competition Website all Recordings uploaded by it for the purposes of the Competition. Such licence may be assigned by Red Stripe and sub-licensed to its agents and contractors and also to its partners in the Competition. Under its licence Red Stripe shall be entitled to make Recordings available to visitors to the Competition Website on a free of charge basis in unprotected downloadable formats (such as, without limitation, mp3 files) and, at Red Stripe's discretion in one or more streaming formats. Red Stripe shall be entitled to make such Recordings available from the date of uploading by the Artist until midnight on 31 December 2008. Red Stripe shall be entitled to retain copies of Recordings after such date for legal and evidentiary purposes.
   3. 3.3 Red Stripe will remove from the Competition Website any Recordings which contain content which is, or which Red Stripe acting in its sole discretion considers to be, defamatory, obscene, offensive, in contravention of any applicable law or just plain tasteless. Red Stripe reserves the right to remove from the Competition any Artist who uploads any such Recordings.
   4. 3.4 Red Stripe shall not be entitled to retain or exploit Recordings without the permission of the Artist save as set out in these terms and conditions.

4. Personal Data.

   1. 4.1 Artist warrants that all information and data supplied by Artists in connection with the Competition ("personal data") shall be accurate and authorises Red Stripe to hold such personal data in compliance with Red Stripe's privacy policy in force from time to time. The current privacy policy is set out on the Competition Website and any changes will be notified via the the Competition Website.
   2. 4.2 Red Stripe (or any third party nominated by Red Stripe) may use the Artist's name, band name, voice, likeness and image and their comments relating to the prizes (described below) and Competition experience for future promotional, marketing and publicity purposes in any media worldwide without notice or without any fee being due or paid.
   3. 4.3 Save as set out in this clause, personal data will be held and used by Red Stripe and its Partners in the Competition and their suppliers and contractors in order to administer the Competition. The Artist's personal data may also be passed to relevant regulatory bodies, the police or other authorities in the course of the investigation of any complaints or suspected unlawful activity. Aggregate, non- personal data may also be used for the purpose of undertaking market research or in facilitating reviews, developments and improvements to relevant services.
   4. 4.4 The Artist is responsible for notifying Red Stripe of any change to the personal data supplied to Red Stripe by the Artist.

5. Finals.

   1. 5.1 At the conclusion of the Competition Term, six finalists will be chosen from the qualifying Artists activity to perform at the Red Stripe Music Award Final in May 2008. The selected Artists are together referred to as the "Finalists". The Finalists will be chosen by the members of the Competition judging panel at their sole discretion.
   2. 5.2 All Finalists will be required to perform live, at a UK venue (the date and time of such performance and the location of such venue to be notified to the Finalists and to be at Red Stripe's sole discretion) in the final of the Competition (the "Red Stripe Music Award Final"), with their live performance being judged by a panel of independent judges (the 'Judges') in accordance with the criteria described on the Competition Page ("Criteria").
   3. 5.3 Each song performed at the Red Stripe Music Award Final by Finalists must be 100% written and owned by the Finalist performing that song. Any Finalist who, in the opinion of Red Strip acting in its sole discretion performs songs which are written by a third party shall be disqualified from the Red Stripe Music Award Final.
   4. 5.4 Finalists will be notified by email at least 2 weeks ahead of the Red Stripe Music Award Final using the contact details provided on the Application Form. Finalists are expected to pay for their own expenses during the Red Stripe Music Award Final including any travel, insurance, meals and accommodation expenses. Any Artist who is unable to participate in the Red Stripe Music Award Final or who does not acknowledge receipt of their selection and confirm their availability to perform at the Red Stripe Music Award Final within five days of receipt of their notification will forfeit their position as a Finalist and the Judges may select any other eligible Artist to be a Finalist in their place.
   5. 5.5 Red Stripe reserve the right to reduce the number of Finalists required for the Red Stripe Music Award Final.
   6. 5.6 Red Stripe shall not be responsible for any email which results in any Artist not receiving notification of their selection as a Finalist or any failure by Red Strip to receive any confirmation of availability from any of the Finalists.

6. Recording and Broadcast of Finals Performances.

   1. 6.1 The performances at the Red Stripe Music Award Final will be filmed and broadcast and/or made available via the Red Stripe and Music Week websites ("Finals Content") through such download or streaming formats as Red Stripe may determine until 31 December 2008.
   2. 6.2 It is a condition of entry into the Competition that Artists agree that, in the event that they are selected as Finalists, they consent to such filming and to the making available of such downloads or streaming files of the recorded performances. Finalists will not be entitled to editorial control over the content of such recordings.
   3. 6.3 No fees will be payable to Finalists in respect of the use of performance made at the Red Stripe Music Award Final on the websites as set out in clause 7.1 above.
   4. 6.4 Red Stripe will be entitled to include excerpts from recordings made by it at the Red Stripe Music Award Final in promotional or advertising materials (including for the avoidance of doubt, television, cinema and online advertisements). Such excerpts shall not exceed 30 seconds' consecutive performance.
   5. 6.5 No fees will be payable to Finalists or any assignee of their rights relating to such Performances or the songs included in respect of the use of performance excerpts as set out in clause 7.4 above.
   6. 6.6 Red Stripe shall be entitled to retain copies of recordings of performances after 31 December 2008 for legal and evidentiary purposes.
   7. 6.7 Save as expressly set out above, Red Stripe shall not be entitled to retain or exploit such recordings without the permission of the relevant Finalists.

7. Prizes.

   1. 7.1 The Finalist selected by the Judges as the 'Red Stripe Music Award 2008 Winner' ('the Winner') will be given the opportunity to perform live at two profile UK festivals [currently Lovebox and The Great Escape Festival 2008]. Red Stripe reserves the right to replace these with comparable opportunities in 2008 or 2009.
   2. 7.2 The Winner will also receive a tour bus.
   3. 7.3 For all live opportunities, the Winner will be responsible for covering their own expenses including any equipment hire, travel, insurance, meals and accommodation expenses.
   4. 7.4 Red Stripe assume no responsibility for damages, losses or injuries that result from acceptance or use of the prize.
   5. 7.5 Red Stripe are not responsible for any payment of any taxes or other costs associated with the receipt of any prizes.
   6. 7.6 Red Stripe reserves the right to change the prizes due to circumstances beyond its control or to offer an alternative of similar value.
   7. 7.7 Prizes cannot be transferred and no cash alternative will be offered.
   8. 7.8 The Artist shall indemnify on demand and hold harmless Red Stripe from and against any and all losses, demands, claims, damages, costs, expenses (including consequential losses and loss of profit reasonable legal costs and expenses and VAT thereon) and liabilities suffered or incurred by Red Stripe in consequence of any breach by the Artist of the Terms and Conditions.

8. General.

   1. 8.1 No purchase necessary.
   2. 8.2 No submissions will be accepted from Artists other than through the Application Form. CDs or other physical media sent to Red Stripe or its partners will be discarded.
   3. 8.3 Red Stripe reserve the right to cancel this Competition or amend these terms and conditions without notice in the event of circumstances outside its control, including without limitation, a major catastrophe, war, civil or military disturbance, earthquake or any actual, anticipated or alleged breach of any applicable law or regulation or any other similar event.

9. Applicable Law.

   These terms and conditions shall be exclusively governed by and construed in accordance with the laws of England unless the Artist is a Scottish resident in which case the Artist may choose the law of their residence. The Artist irrevocably submits 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 the Artist may choose the courts of their place of residence.

For a hard copy set of these Terms and Conditions, Artists should send a SAE to "Red Stripe Music Award" to Red Stripe's address below.

For questions, comments or queries regarding the administration of the competition please write to Red Stripe at the following address:

Red Stripe Music Award
Wells & Young's Ltd
The Brewery
Havelock Street
Bedford
MK40 4LU
United Kingdom