Terms and Conditions for One Direction Photo Opportunity



1. Promotion Details

1.1 You are invited to  submit your photographs, drawings and/or images (“Images”)  in relation to the group known as ‘One Direction’ (“Artist”)  using the e-mail address at 1Dfans@sonymusic.com (the “Address”).

1.2 Images may be submitted from 4:00pm AEST on Friday 27 July 2012 and the closing time and date will be 23:59 AEST on 1 August 2012. Any Images submitted after this time (for any reason) will be discounted. Receipt of Images will not be acknowledged.

2. Participation

2.1 These terms and conditions form the rules of this opportunity (the “Rules”).  By submitting your  Images you  understand that your  Images may be used in publicity, advertising, or other materials, for any purpose worldwide and in perpetuity, including without limitation on the Artist’s official website, social media sites and/or on a special edition of Artists forthcoming album which will be available for sale physically at retail and digitally. By submitting your Images, you agree that you have read and are bound by the Rules.

2.2 Entry is only open to residents of Australia and New Zealand aged 13 years or over. If you are under 16 years old, you must ask the permission of a parent or guardian before submitting your Images.

3. Submitted Material

3.1 By submitting your Images, you warrant that you own or control and/or have permission from any relevant third parties to use and submit (for the purposes herein) your Images. To the extent that anyone else has contributed in any way to your Images, or is featured within any of them, you warrant that any and all third parties have given their written permission to you authorising you to send in your Images for the purposes set out herein. Sony Music Entertainment Australia Pty Ltd (“Sony”) may require you to produce such written permission at any time.

3.2 Sony may at its sole discretion opt not to use, without notice or reason, any of your Images that Sony believes is inappropriate or in breach of these Rules or if it simply does not wish to use them. THERE IS NO GUARANTEE THAT YOUR IMAGES WILL BE
USED.

3.3 You are solely responsible for the content of any material submitted, and any consequences of the further publication of such by Sony or any third party on its behalf or authorised by or on behalf of Sony.  Sony shall have no liability whatsoever and howsoever arising for Images submitted. You hereby hold Sony (and its licensees, affiliates and assigns) harmless from and against any third party claim arising from use of your Images.

3.4 You must not submit any materials, content or text which is unlawful, defamatory, offensive or in breach of third party rights. You waive any right to privacy. You waive any right to inspect or approve uses of your Images or to be compensated for any such uses. You shall have no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your Images, name, picture, likeness, address (city), biographical information, or entry.

3.5 You hereby waive any so-called moral rights or similar rights (now or later existing) in respect of each submitted Image.  Where the law does not recognise or allow the waiver of moral rights, you hereby consent to any and all acts or omissions of Sony and Sony’s licensees and assignees which would, but for this consent, infringe any of your moral rights or similar rights in the Image. You warrant that you have procured a waiver of moral rights or consent to infringement of moral rights on identical terms to the foregoing from any and all third parties embodied in submitted Images.

Terms and Conditions for One Direction Photo Opportunity

3.6 By submitting your Images, you hereby grant to Sony (and its licensees, affiliates and assigns) a non-exclusive worldwide, royalty free, perpetual and irrevocable licence to use, copy, exploit, manipulate, distribute, reproduce (and to sub-licence such rights) your Images or any part of your Images in any and all media, including without limitation, use on commercial audio or video products and all forms of merchandise. You also grant a non-exclusive worldwide royalty-free licence to other users to use, download and reproduce such content.

4. General Terms

4.1 Sony reserves the right to verify the eligibility of each of your submitting Images and check your identity.

4.2 You agree, as a condition of the Rules, to participate in promotional and publicity materials at the reasonable request of Sony.

4.3 By submitting Images, unless stated otherwise by you, you agree that Sony may use your contact details in any media for future marketing or publicity purposes without further reference or consent. Sony may collect personal information about you for the purposes of conducting this opportunity. In accordance with the National Privacy Principles in the Privacy Act 1988 (Cth), you have a right to access most of the information Sony holds about you. Please refer to Sony’s privacy policy on www.sonymusic.com.au for further details.

4.4 Sony hereby expressly excludes all liability for damages (whether direct or indirect), tangible property damage,  losses or injuries, howsoever arising, that result from  the content or materials  submitted, including loss of such or  Sony’s treatment of such. Under the Australian Consumer Law (Cth) and other statutes there are some warranties and conditions that cannot be excluded, restricted or modified or can only be excluded, restricted or modified to a limited extent. Sony excludes all warranties and conditions to the extent allowable by these laws. Nothing in the Rules shall affect the statutory rights of entrants.

4.5 Sony reserves the right to cancel this opportunity and to amend these terms and conditions without notice in the event of circumstances outside its control.

4.6 The Rules shall be exclusively governed by the laws of Australia and each entrant irrevocably submits to the exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia.

4.7 This opportunity is being conducted by Sony Music Entertainment Australia Pty Ltd of 11-19 Hargrave Street, East Sydney, NSW, 2010.