Terms

Competition Terms and Conditions

These Competition Terms and Conditions are applicable to the Trident "See What Unfolds" Competition (the "Trident Competition").  These Competition Terms and Conditions and the other documents specified in clause 2 form an agreement between Genero Music Pty Ltd (Genero) and you – the legal person who enters a Competition (Entrant, You, or Your). By participating in the Trident Competition, Entrants agree to abide and be bound by these Terms and Conditions, which shall govern the Trident Competition for all purposes, together with those documents specified in clause 2 below.  These Competition Terms and Conditions are unique to the Trident Competition, and may differ from the Genero Competition Terms and Conditions at http://genero.tv/competition-terms-and-conditions. When entering the Trident Competition, these Terms and Conditions will be linked to from the Competition Page. By ticking the relevant box before uploading your Video, you are confirming that you have read, understood and agreed to these Competition Terms and Conditions, and that you have obtained legal advice or have knowingly declined to do so.

Competition Start Date

The Trident Competition shall start on June 22, 2012.

Competition End Date

The Trident Competition shall end at 23:59 GMT on July 21, 2012, when all entries must be received.

Eligibility

The Trident Competition is open to all filmmakers who are members of the Website (defined below).

Entry Requirements

Using the Track (defined below), Entrants must make a music video that conveys the theme: See What Unfolds.

The Trident logo and See What Unfolds tagline (provided on the Competition Page) must be used as a closing frame.  The lock-up can appear against a solid color or over moving footage. Entrant may also begin his/her video with the frame as well.  Entrant may also use as much or as little of the Concert Footage (defined below) that is available on the Competition Page.  Entrant's video must be an original work created by Entrant  and cannot have been previously submitted to any other contest or broadcast on television or over the Internet.  Entrant's video may not contain: (i) any obscene or pornographic material; and (ii) any material that infringes the right of publicity or privacy of any third person.  Genero reserves the right, in its sole discretion, to disqualify any entry that it believes, in its sole discretion, may be defamatory, obscene, profane, indecent, offensive, harassing, disparaging or otherwise inappropriate or that may infringe upon or violate another party's rights or violate the Competition Page, Website Terms and Conditions, Genero Competition Terms and Conditions or these Terms and Conditions.

The Assets (defined below) may be used by Entrant solely for purposes of the Trident Competition and for no other purpose.

Entry Process

In order to qualify for the Trident Competition, entries must be submitted via the Website (defined below) at the Competition Page at http://genero.tv/seewhatunfolds during the Competition Period (defined below).

Judging Process

From all eligible entries received, Genero will select a shortlist of Videos that will be published to the Website as finalists in the Trident Competition.  From the finalists, two (2) Winning Videos and two (2) Runners-up will be selected in total: one (1) of the Winning Videos will be selected by public voting (the "Voted Winning Video"); and the other Winning Video and the two (2) Runners-up will be selected by the jury based upon creativity, originality and quality. Voting for the Voted Winning Video will take place between July 23, 2012 and July 26, 2012.  All winners and runners-up will be announced on or about July 27, 2012.

Trident Competition Prizes

The Entrant with the Winning Video as selected by the jury will receive USD$10,000.00.

Each Runner-up will receive USD$2,500.00.

The Entrant with the Voted Winning Video will receive USD$5,000.00.

All winners and runners-up will be required to execute and return a Winner Release within the time frame designated by Genero prior to the award of such winner's prize.

All winners and runners-up are responsible for any and all taxes associated with their Prize.

1. Definitions and Interpretation

1.1        Definitions

Account means certain personal information and registration data provided via the registration page on the Website, which must be kept accurate and up to date as and when necessary.

Additional Video means any Video other than the Winning Video(s) which are purchased for a fee not exceeding 20% of the cash Prize awarded to the Winning Video(s).

Assets mean any information, material or property published on the Website or otherwise made available, for the sole purpose of it being downloaded by Entrants for the Trident Competition.  Without limiting the generality of the foregoing, the Assets include the Track and Concert Footage (as defined below), logos, trademarks, product images and opening and closing frames.

Client means the brand and/or agency representing the brand, artist, record label, management company or other entity that is running the Competition through Genero.

Competition means a competition conducted on the Website or as otherwise determined by Genero for its own purposes or for the purposes of another party, under which an Entrant may submit a Video.

Competition Page means the page published on the Website, or otherwise delivered to an Entrant, that sets out the Competition particulars, and references the relevant Competition Terms and Conditions.

Competition Period means the time period including and between the Competition Start Date and Competition End Date.

Competition Terms and Conditions means the Competition terms and conditions published on the Website which are linked to from the Competition Page, as updated from time to time.

Concert Footage means the video footage of the live See What Unfolds Event on June 20, 2012.

Contributor means any person other than the Entrant who has been involved in the creation of the Video.

Entrant means the party agreeing to these Competition Terms and Conditions as the proprietary owner of Videos, with the intention of uploading their Videos to the Website and entering the Competition.

Genero means the party who is the owner of the Genero.tv domain and the Website, and includes any other party in the future who takes legal transfer of same.

Participant means a performer, group or person who appears, either directly or through reference to name or likeness, in a Video.

Prize means a cash or non-cash prize that is offered to the Entrant who submits a Winning Video, as set out in the Competition Page.

Release Form means a document, consent form, release form, permission, right or any other agreement of like or similar name or description, signed by a Participant:

(a)         that irrevocably grants the Entrant the assignable right to use the Participant’s voice, performance, appearance, picture, script, talent, location, music (musical copyright and sound recording), and other reproductions of the Participant’s likeness in, and in connection with, the Video without any further recompense (including but not limited to any payment);

(b)         that waives any and all rights in and relating to the Video (commonly known as a release) in perpetuity, worldwide and including (but not limited to) commercial use;

(c)          where any such Participant is under the age of majority in his or her jurisdiction of legal residence, or is the subject of another legal disability, that is signed by a parent or legal guardian as the case requires; and

(d)         with You bearing sole responsibility for the form and adequacy of the releases, assignments, and permissions.

Release Form templates have been made available as a courtesy, but You should consult with Your own counsel or lawyer in obtaining necessary releases/clearances.

Territory means worldwide, unless specified otherwise on the Competition Page.

Track means the Steve Aoki remix of the Duran Duran song titled "Hungry Like The Wolf".

Video means a cinematograph film submitted by you to the Website or otherwise in relation to the Competition.

Website means the Genero website located at http://Genero.tv.

Winning Video(s) means the Video(s) which are selected to receive a Prize in accordance with the Competition Page and these Competition Terms and Conditions.

1.2        Interpretation

In these Terms and Conditions the following rules of interpretation apply:

(a)         the singular includes the plural and vice versa;

(b)         a reference to AUD$ is to the currency of Australia, USD$ to the currency of the United States (which is the default currency for paying Prizes unless otherwise stated), GBP£ to the currency of Great Britain, and EUR€ to the currency of the Eurozone;

(c)          headings to clauses are included for the sake of convenience only and shall not affect the interpretation of these Competition Terms and Conditions;

(d)         the word person means and includes a natural person, a company, a firm or any other legal entity including where that person is acting as a trustee;

(e)         when an Entrant comprises two or more persons the rights and obligations of such persons pursuant to these Competition Terms and Conditions shall inure for the benefit of and bind all of them jointly and severally.

2. Priority of Terms and Conditions

2.1        The terms and conditions associated with the use of the Website, the participation in Competitions, and other related activities, are governed by a number of separate documents which work in isolation or in combination as required, and include:

(a)         The Competition Page;

(b)         The Website Terms and Conditions;

(c)          These Competition Terms and Conditions; and

(d)         Any other commercial agreement entered into by Genero with a party other than an Entrant necessary to facilitate and conduct the Competition.

2.2        Subject to a clause which specifies otherwise within any one of the agreements, to the extent of any inconsistency between the aforementioned agreements, the documents will be given the following priority:

(a)         The commercial agreement entered into by Genero with a party other than an Entrant necessary to facilitate and conduct the Competition;

(b)         These Competition Terms and Conditions;

(c)          The Competition Page; then

(d)         The Website Terms and Conditions.

3. Scope of these Competition Terms and Conditions

3.1        An Entrant as defined under these Competition Terms and Conditions, is deemed to have accepted all of the provisions and made each of the representations hereunder without exception or edition upon their submission of a Video for inclusion in the relevant Competition.

3.2        These Competition Terms and Conditions apply to each Competition separately and nothing in these Competition Terms and Conditions is to be construed as merging the rights or obligations of any party that is subject to these Competition Terms and Conditions for any two or more Competitions. For clarity, any rights granted by Genero to an Entrant under these Competition Terms and Conditions for one Competition, do not apply to any other Competition.

3.3        Prior to remitting any Prize, or acquiring any Additional Video, Genero may require the Entrant of the relevant Video to supply better or further documentation, usually by way of (but not limited to) a signed original of any of the documents named or implied in the provisions of these Competition Terms and Conditions.

3.4        Genero reserves the right to alter, modify, add to or change in any way, any provision of these Competition Terms & Conditions and may, in its absolute discretion, limit or expand the services available via the Website without giving prior notice to Entrants.

3.5        You are not permitted to assign any part of these Competition Terms and Conditions without Genero’s prior written consent.

3.6        You are not permitted to represent yourself at any time as an agent, employee, lessee, sub-lessee, partner or joint-venture partner of Genero or Client, and no employer-employee relationship exists between You and Genero or Client.

4. Assets

4.1        To the extent that Assets are available on the Website to be downloaded for the Competition, You are only entitled to reproduce and exploit the underlying copyright works in the download for the sole purpose of creating and submitting Your Video for that Competition.

4.2        You hereby acknowledge and agree that there is no transfer, license or other grant of rights to You in respect of such Assets other than as specifically provided for in these Competition Terms and Conditions.

4.3        You must immediately cease all use of Assets and return or destroy all copies of Assets at the Competition End Date mentioned on the Competition Page.

4.4        Unless provided as a free download on the Website, as part of the Competition, You must have legally purchased any Assets (including songs) for use in Your Video.

5. Video Upload Rules

5.1        You must:

(a)         be the copyright owner of the Video that You submit; and

(b)         if the copyright in the Video is jointly owned, obtain and retain a signed Release Form:

(i)          from each other copyright owner which expressly permits you as the Entrant to submit the Video (including any Assets owned by that owner) on the Website pursuant to these Competition Terms and Conditions and to receive any benefit from being the Entrant in the Competition to the exclusion of each other owner; and

(ii)         authorising Genero to use the Contributor's name and likeness in connection with any publicity for Genero and related Competitions, and an undertaking that the Contributor will perform publicity appearances for Genero if reasonably requested by Genero to do so.

5.2        You must obtain and retain a signed Release Form from each person that appears in your Video. It is your responsibility to ensure that any Release Form is legally binding and in compliance with local and international copyright laws, laws relating to personality, laws relating to reputation or goodwill and laws relating to celebrity. For clarity, you are not required to provide a Release Form for the Assets appearing on the Website for the Competition.

5.3        Unless provided as a free Download on the Website as part of the Competition or you have approval to use it on the Competition Page or as part of the Competition terms herein, You must own all copyright, trademark or other intellectual property rights within the Video (other than the Assets) including, without limitation any:

(a)         song;

(b)         music;

(c)          soundtrack;

(d)         lyrics;

(e)         image;

(f)          logo or brand; and

(g)         artwork,

or must have legally acquired a valid and current license to any copyright, trademark or other intellectual property incorporated in your Video that includes the unrestricted right for You, and any future owner, to use and transfer or license such copyright.

6. Warranties by Entrant

Upon submission of each and every Video you make the following warranties to Genero:

(a)         You are entitled to submit the Video on your own behalf and on behalf of each Contributor and each other joint owner, if any;

(b)         You are entitled to enter into an agreement with Genero on these Competition Terms and Conditions;

(c)          You are 18 years of age or older, or possess legal parent or guardian consent if either aged 13 or over or considered a minor in Your jurisdiction of legal residence, and fully understand and agree to enter into these Competition Terms and Conditions;

(d)         You are entitled to be the sole recipient of the Prize or any other award flowing from the Competition, and that Genero has no liability to the Entrant or any other party relating to the Prize or other award, if any, after remittance of same to You;

(e)         You are entitled to grant Genero each of the rights relating to the transfer, use and treatment of the copyright in any Video submitted by you, and Genero’s use of those rights will not violate the rights of any third party (including copyrights, trademark and trade dress rights, database rights, trade secrets, moral rights, intellectual-property rights, industrial rights, and any other proprietary rights arising under the laws of any jurisdiction), and if requested a written confirmation of such rights granted to Genero;

(f)          You have signed Release Forms in your possession for each Participant as required in these Competition Terms and Conditions, and if requested, supply fully executed physical copies of all Release Forms within five (5) days of receiving such notification;

(g)         You have all necessary licenses, rights, consents and Release Forms, each of which are irrevocable and transferrable to Genero, and you hereby authorise Genero to use all trade mark, trade secret, copyright or other proprietary rights in and to each Video submitted by you for the Competition;

(h)         You have sufficient documentation to prove your ownership of, unrestricted license to, or other such right of use for, each copyright work, trade mark, and other proprietary material incorporated in your Video; which may include receipts or other valid documents evidencing such rights;

(i)           You are solely responsible for each Video that You submit and the consequences of posting or publishing such Video on the Website including, but not limited to, any copyright infringements;

(j)           You will not use the Assets for any purpose other than incorporating them into your Video for submission to the Website in relation to the Competition;

(k)         You understand that your Video may be the subject of review, by the public, and as such may be the subject of comments or other reactions posted on the Website or elsewhere and that Genero is not responsible for any such review or comment or any consequences relating thereto;

(l)           You are responsible for all and any taxes, third party costs, charges and expenses in relation to Your Video and Your obligations under these Terms and Conditions;

(m)       You acknowledge that many ideas or stories submitted or created by other Entrants, Genero or Client may be competitive with, similar or identical to Your Video in theme, idea, plot, format or other respects. You acknowledge and agree that You will not be entitled to any compensation as a result of any use of any such similar or identical material, and You hereby release Genero and Client from any and all claims relating thereto;

(n)         At no time may You disparage or make any action or statement that harms Genero’s or Client’s reputation or business;

(o)         The Video and Your performance of these Terms and Conditions are not subject to the requirements or obligations of any union, guild, or similar association.

(p)         Your Video;

(i)          does not impersonate any person or entity (including by using any celebrity look-a-likes or sound-a-likes), or falsely state or misrepresent any affiliation with any person or entity;

(ii)         does not contain any content that could be considered deceptive, misleading, false, fraudulent, scandalous, indecent, obscene, sexually explicit, defamatory, libellous, threatening, harassing, hateful, degrading, intimidating, graphically violent or otherwise unlawful, tortious or objectionable;

(iii)        does not depict, encourage, promote or induce conduct that could violate any law or give rise to criminal or civil liability, or that could be considered risky, violent, discriminatory or otherwise inappropriate;

(iv)        does not advertise or promote alcohol, tobacco, firearms, gambling or feminine hygiene products;

(v)         does not endorse any religious or political cause or candidate;

(vi)        does not contain any personally identifying or other personal information about you or any other person;

(vii)       does not contain any confidential information, or any material, non-public information about any company;

(viii)      does not contain gang signs or symbols;

(ix)        is factually accurate to the extent the Video purports to represent facts;

(x)         does not contain any information or instruction that might be injurious to any person’s physical well being;

(xi)        does not contain any unlawful, obscene, scandalous, or inappropriate picture, gesture, statement or language, or material of any kind.

7. Indemnity

Upon submission of each and every Video you indemnify Genero and Client and will keep Genero and Client indemnified against any and all actions, suits, claims, demands, proceedings, losses, damages, special damages compensation, sums of money, costs (including solicitor and client costs), charges and expenses arising out of or relating to your breach of any terms governed by the Competition Page, these Competition Terms and Conditions and the Website Terms & Conditions, or use of the Video by Genero and Client. You hereby irrevocably waive any right to seek or obtain an injunction, rescission or termination of these Terms and Conditions, or any rights hereunder.

8. Competitions - General Provisions

8.1        Genero may, in its absolute discretion, edit, postpone, or cancel a Competition without any liability to You; including not selecting winners or finalists (including but not limited to where no Videos were of sufficient quality), not fulfilling Prizes, and not publishing or judging submissions.

8.2        Nothing in these Competition Terms and Conditions obliges Genero or Client:

(a)         to publish the Video;

(b)         to publish the Video for any particular amount of time;

(c)          to not remove the Video at any time as it sees fit; or

(d)         to use the Video in any commercial or official capacity.

8.3        The opening and closing dates/times for each Competition shall be listed on the relevant Competition Page on the Website. Genero reserves the right to alter the Competition opening & closing dates/times in its absolute discretion. All dates/times are GMT unless stated otherwise – it is Your responsibility to translate back to Your local time zone. Your entry will not be accepted if it is not submitted by the closing date/time. Genero reserves the right, at its discretion, to accept late submissions where an Entrant has had technical problems and not been able to submit by the deadline.

8.4        Entrants may be required to provide identification and proof of age.

8.5        All winning and some finalist Entrants will be required to supply a high resolution file of Your Video on disk via mail, or uploaded via FTP (at our discretion) within 5 days of finalist announcement. Failure to do so may result in Your submission being withdrawn by us as a finalist or winner and no Prize awarded. For broadcast specification guidelines, please read this http://genero.tv/faq-videos/#2196.

8.6        Entrants may be required to participate in a photo call, media interviews, as well as general promotional and publicity activity of Genero or its Client.

8.7        All entries are submitted online at http://genero.tv where You will need to register and create an Account. You will be required to confirm Your Account after registration via the email confirmation Genero.tv send to You. It is Your responsibility to keep Your details, including contact details, up to date at all times by logging onto Your Account and maintaining Your profile. Your entry will not be accepted if You do not agree to all terms and conditions when creating an Account, uploading a Video or general use of the site where terms and conditions are presented to You. Any entries submitted via an Account with false information will be disqualified.

8.8        Genero may or may not publish Your Video at its absolute discretion. Reasons for Genero not publishing your Video include but are not limited to:

(a)         the Video being of insufficient technical, creative or production quality;

(b)         because Genero deems, in its sole discretion, that it contains explicit content, illegal content, offensive content, inappropriate content, content that Genero believes will infringe another Party’s Intellectual Property Rights, or is otherwise contrary to law; or

(c)          because You have not met Your obligations under these Competition Terms and Conditions, the Competition Page, or any Competition guidelines as published on the Website from time to time. No responsibility is taken for lost, damaged, misdirected, unusable or unreadable entries, or technical issues with the Website.

8.9        Genero does not permit or encourage copyright infringing activities and infringement of intellectual property rights on the Website, and will remove all Videos if properly notified and verified that such Video infringes on another's intellectual property rights.

8.10      No responsibility is taken for lost, damaged, misdirected, unusable or unreadable entries, or technical issues with the Website.

8.11      Non-cash Prizes awarded under a Competition are not transferrable, exchangeable or redeemable for cash.

8.12      Unless expressly stated otherwise in the Competition Page, non-cash Prizes are as described and do not include or imply anything else including, but not limited to, flights, travel, accommodation, transfers, spending money, insurance, taxes or shipping.

8.13      Genero may charge any postage, handling or transfer fee to deliver Prizes (including all transfer fees or charges for cash Prizes), or arrange for a similar Prize (determined at Genero’s sole discretion) that is closer to your residence in lieu of what You may have won.

8.14      Unless stated otherwise in the Competition Page, Genero will remit cash Prizes by electronic funds transfer, and as such will be subject to any applicable fees or charges.

8.15      These Competition Terms and Conditions, the Competition Page and the Website Terms & Conditions form the entire agreement between the Entrant and Genero, to the exclusion of any other correspondence, representations or queries from or to You.

8.16      Genero may transfer, assign, novate or otherwise deal with any of its rights under these Competition Terms and Conditions to another party without notice to You.

8.17      Genero has the right to request and obtain copies of any Release Forms, authorities, permissions, transfers, assignments waivers, licenses, proof of ownership, or other documents required under these Competition Terms and Conditions.

9. Judging

9.1        This is a game of skill, chance plays no part in determining finalists and winners.

9.2        Genero and Client has the following additional rights:

(a)         to select an Entrant and their Video as finalists or winners;

(b)         to disqualify a finalist or winning Entrant if the Entrant has not complied with the terms governed by the Competition Page, Competition Terms and Conditions or Website Terms and Conditions and set aside the relevant Video from the Competition;

(c)          to disqualify an Entrant if their Video collects votes using automated voting or disposable email addresses, or any similar method to increase their votes;

(d)         to supplement a finalist or winner with any other Entrant and their Video in place of a disqualified Entrant and their Video; and

(e)         to purchase any non-Winning Video for a fee not exceeding 20% of the cash Prize awarded to the Winning Video, each an Additional Video.

9.3        Genero will announce finalists and winners on the Website and attempt to make contact via email using the details provided in Your User profile. Finalists and winners must respond to Genero’s contact attempts within 5 days of notification. Genero accepts no responsibility for being unable to reach You if these attempts are unsuccessful and reserve the right to withdraw Your finalist or winner position and select alternative finalists or winners.

10. Rights In Relation To Each Video

10.1      By submitting or uploading Videos on the Website, You hereby grant to Genero in perpetuity and throughout the Territory, a non-exclusive, irrevocable, assignable, sub-licensable, royalty-free license:

(a)         to host the Videos on the Website; and

(b)         the right to use, re-produce, alter, adapt, monetise, broadcast, publish and communicate the Videos to the public for the purposes and on the terms set out in these Competition Terms and Conditions.

10.2      Upon submitting Your Video, in the event that Your Video is chosen as a Winning Video or Additional Video and in consideration of the Prize(s), You hereby irrevocably agree to assign all rights, title, and interest in the Video to Genero or its nominee or Client (at Genero’s discretion). This includes all things associated with ownership of personal property, which without limitation includes granting Genero or its nominee the exclusive rights throughout the world in perpetuity to manufacture, distribute, promote, advertise, sell, lease, license or otherwise exploit commercially the Video in all media and technologies now or hereafter known including the right to communicate the Video to the public and to license all such rights to third parties in its absolute discretion.

10.3      Upon submitting Your Video, you must not post, publish, upload, transmit or otherwise disclose the Video to any other party, or any work incorporated into the Video, until the Competition has ended and the Winning Video has been announced.

10.4      Upon submitting Your Video, you must not deal with (including assign, transfer or sell) the Video, or any work incorporated into the Video, until each of the following have occurred:

(a)         The Competition has ended;

(b)         The Winning Video has been announced; and

(c)          4 weeks after the Winning Video has been announced You have not been notified that Your Video is the Winning Video or an Additional Video.

10.5      Subject to any restrictions herein, for all Videos other than the Winning Video and any Additional Videos, Entrants retain the rights to their original video footage to the exclusion of any Assets or other copyright or non-original material.  Notwithstanding anything else contained in these Competition Terms and Conditions, Entrants will have no right to use any Asset, including as part of any Video, upon the conclusion of the Trident Competition.

10.6      Upon submitting a Video You grant Genero the right to:

(a)         post, stream, upload or otherwise on any website;

(b)         submit the Video for inclusion in events which may or may not charge fees for entry tickets;

(c)          include Your Video, or any part thereof, as part of any media (physical, electronic or otherwise) which may or may not be sold by Genero, or a third party;

(d)         edit or modify such Video at any time and in any way at its sole discretion, including but not limited to broadcasting the Video in different formats for mobile devices, television, cinema, festivals or other reasons as Genero sees fit; and

(e)         earn advertising, sponsorship and other forms of revenue from Your Videos on the Website and other websites, which may be displayed and not limited to, before or after Your Video plays, and superimposed over Your Video.

10.7      Genero will use all reasonable efforts to ensure that Entrant's so-called "moral rights" are protected notwithstanding that Entrants hereby agree to waive any and all such rights. Genero will use all reasonable efforts to ensure that any and all uses of the Videos wherever possible attribute authorship of such Video to the requisite Entrant.