Terms & Conditions
1.1 This competition (“the Competition”) is operated by Queen Touring Limited c/o Lee & Thompson, 4 Gee’s Court, London W1U 1UD, United Kingdom (“we” or “us”).
1.2 The Competition shall be run from the website www.queenextravaganza.com (“the Website”) and we may publish at the Website additional guidance, rules and other criteria (“Additional Rules”) concerning the Competition. Any restrictions and obligations contained in the Additional Rules which apply to you are incorporated into this agreement. Collectively, the terms of this agreement which stipulate how you may participate in the Competition together with any Additional Rules are referred to in this agreement as the “Competition Rules”.
1.3 By proceeding beyond this point you are confirming that you wish to be part of the Competition and shall abide by the Competition Rules and the terms of this agreement. You may not otherwise enter or participate in the Competition.
1.4 We reserve the right to update the Competition Rules from time to time during the course of the Competition. Amendments will take effect when posted at the Website.
1.5 The Competition Rules shall apply to the first round of the Competition, and shall continue in force thereafter until replaced. We may require entrants to agree to additional rules which concern the later rounds of the Competition in order to participate in those later rounds. Finalists will be required to enter into an option agreement for the Tour (as defined below).
1.6 References to “the Tour” shall mean the Queen-branded tour currently known as The Queen Extravaganza planned for 2012, participation in which is offered as the first prize for the winners of the Competition. We reserve the right to cancel the Tour if in our absolute discretion and offer a substitute prize for the Competition winners.
2.1 To enter the Competition, you must:
(a) be 18 years or older; and
(b) be a permanent resident in the USA or Canada: and
(c) be entitled to work in the USA and enter into a contract for services with us; and
(d) be under no legal restrictions that prevent you from providing your recording and live services to us as part of the Competition and/or the Tour (as applicable);
(e) be available in early 2012 to participate in the live event final, if selected, the dates to be announced at the Website;
(f) be available late in 2011 or early 2012 to participate in the Tour, if selected, it being acknowledged that the dates of the Tour are yet to be confirmed and that the Tour may be extended by demand.
2.2 You may only enter the Competition once for each category of musical instrument or performance, and the number of submissions for each category shall be limited to one.
3. Backing Tracks and Recordings of Your Performances
3.1 As part of the Competition we may provide certain audio recordings (“Our Recordings”) for use as backing tracks in your submitted performance. You may only use Our Recordings for the purposes of the Competition and in accordance with the Competition Rules.
3.2 All recordings of your performance (“Your Recordings”) which use any of Our Recordings shall be owned by us, and to the extent that such rights do not automatically vest in us by operation of law, you agree that the copyright and any like rights in Your Recordings are assigned to us with full title guarantee. We may use Your Recordings for all purposes connected with the Competition and the Tour, however we shall not otherwise exploit Your Recordings without your consent or pursuant to a separate agreement.
3.3 You may not adapt or alter Our Recordings save to the extent technically required to create Your Recordings. Our Recordings may only be used to record the musical works (“the Works”) specified at the Website (ie. the corresponding Queen songs). You may not adapt or alter the Works, and any new copyrighted works deemed to be created from any of the Works you hereby assign to us with full title guarantee.
3.4 By submitting any of Your Recordings to us you warrant as follows:
(a) that you are under no restriction that would prevent you from recording, uploading and assigning to us all copyright and like rights in Your Recordings and all rights to exploit Your Recordings;
(b) that the performance is of you and only you;
(c) that you have not made any alteration to the Works, nor introduced any obscene or otherwise unlawful content into Your Recordings;
(d) that you have not granted any rights or licence in Your Recordings to any other person other than us.
3.5 Your Recordings shall be hosted on the YouTube platform and you agree that they may remain there for no less than the duration of the Competition, and for archival purposes.
4. Competition Winners
4.1 The Competition winners shall be determined according to the Competition Rules and our decision shall be final. Without limitation to the foregoing, the Competition shall consist of:
(a) open submissions, selection from which shall be by a judging panel appointed by us;
(b) public vote of the selected submissions, according to a procedure set out at the Website;
(c) a live event final to determine the winner(s).
4.2 All prizes for the winner(s) of the Competition shall be specified at the Website, which may be updated throughout the Competition from time to time in our discretion. The winners of the final shall be given the opportunity to participate in the Tour, subject to having granted the necessary option pursuant to the agreement presented to finalists as part of the Competition.
4.3 We reserve the right to cancel the Tour if in our absolute discretion and offer a substitute prize for the Competition winner(s).
5 Schedule, Force Majeure and Cancellation
5.1 The schedule of the Competition shall be displayed at the Website and may be updated from time to time throughout the Competition.
5.2 Neither party shall have any liability to the other in respect of the performance of any obligation which is prevented or materially interfered with by an event beyond its reasonable control or which materially interferes with or prevents any part of the Competition from taking place. Without limitation to the foregoing the inability to provide necessary labour as a result of any strike or industrial action, interruption to the supply of power and water, damage to the venues due to natural disaster, or the death, disability of key personnel rendering services for the Competition shall be deemed to be beyond the reasonable control of the parties.
5.3 In the event that part of the Competition is delayed or postponed due to events beyond their reasonable control we may reschedule that part of the Competition or cancel the Competition in our absolute discretion.
6 Limitation of Liability
6.1 Nothing in this agreement shall serve to exclude or limit our liability in respect of death or personal injury caused by our negligence.
6.2 We shall not be liable to you by reason of any representation (unless fraudulent) and all warranties, conditions and other terms implied by law are excluded to the fullest extent permissible.
6.3 We shall not be liable for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims (whether caused by our negligence or otherwise) which arise out of or in connection with the Competition. Without limitation, you acknowledge that we cannot guarantee that the live final or the Tour shall take place and participation in the Competition by you is speculative.
7.1 This agreement may be terminated by us in the event that you are in breach of the any of the terms of this agreement and fail to rectify such breach within fourteen (14) days after receipt of and/or notice from us of said breach.
7.2 We may in addition to our rights under clause 7.1 disqualify you from further participation in the Competition in the event that you are in breach of or we have reasonable belief that you intend to breach any of the Competition Rules.
7.3 Without limitation, it shall be part of the Competition Rules that you shall conduct yourself so as to participate in a fair and sportsmanlike manner, and refrain from any act that would bring the Competition into disrepute.
8 Personal Data
8.1 It is a condition of the Competition that you maintain accurately your registration details submitted at the Website.
8.2 Any personal data relating to you collected via the Website shall be dealt with in accordance with the privacy statement available at the Website.
8.3 We may use personal data submitted by you for all purposes reasonably required to operate the Competition, including identifying Your Recordings for the purposes of public voting, and updating you with any changes to the Competition Rules.
8.4 We communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
9. General Conduct
9.1 You may not use the Website for any fraudulent purposes, or in connection with a criminal offence or other unlawful or immoral activity, to send, use or reuse any content or material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing or that will infringe copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties, or objectionable, or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam" - to cause annoyance, inconvenience or needless anxiety.
9.2 You may not copy any material accessible from the Website other than Our Recordings in accordance with the provisions of this agreement and the Competition Rules.
10.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of your Competition account and password which may be given to or selected by you for use on the Website. You must immediately notify us of any unauthorised use of them or any other breach of security.
11. Access to the Website
11.1 We will do everything we can to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, this cannot be guaranteed. The Website may be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of a new facility or service. We will attempt to limit the frequency and duration of any such interruption.
12. Law and Jurisdiction
12.1 This Agreement (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto save that we may elect to transfer jurisdiction to the courts of the state of New York.