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Terms and Conditions – Specific Rules for “#wipEoutPS4” Competition

 

1.             The "#wipEoutPS4” competition (“Competition”) is open to persons aged 13 years or over who are residents of Australia, Austria, Belgium, Czech Republic, Denmark, Finland, France, Germany, Hungary, Ireland, Netherlands, New Zealand, Norway, Poland, Portugal, Russia, Slovakia, Spain, Sweden, Switzerland and the United Kingdom (“Entrant Countries”) except employees, agents, contractors or consultants of the Promoter (as defined below) and their immediate families, the Promoter's associated companies and anyone else professionally connected with the Competition (“Entrants). These Terms (as defined below) apply to those Entrants resident of Australia , Austria, Belgium, Czech Republic, Denmark, Finland, Germany, Hungary, Ireland, Netherlands, New Zealand, Norway, Poland, Portugal, Russia, Slovakia, Spain, Sweden, Switzerland and the United Kingdom.

 

2.             Entrants aged between 13 and 17 years must obtain their parent/guardian’s permission before entering the Competition.

 

3.             The Competition is open for entries on 12 July 2017 at 16.00 (BST) ("Opening Date") and closes on 12 August 2017 at 16.00 (BST) ("Closing Date").  The period from the Opening Date to and including the Closing Date shall be referred to as the “Competition Period.

 

4.             The Competition is free to enter and no purchase of any kind is necessary.  By entering the Competition, Entrants accept and will be bound by these terms and conditions (“Terms”) as well as the General Rules (click here).

 

5.             To enter the Competition, Entrants must complete the following steps during the Competition Period:

a)     visit the PlayStation Europe SoundCloud website at https://soundcloud.com/playstationeu;

b)    sign in to their SoundCloud account (if they do not already have a SoundCloud account, create one by clicking ‘Create account’);

c)     click ‘Playlists’ and go to the playlist called ‘Addiktion “Shake It (WipEout Instrumental Edit)”’;

d)    hover over the stems of the playlist (“Addiktion Stems”), click ‘…(More)’ and then click ‘Download’;

e)     use digital audio workstation software to create their own remix using one or more of the Addiktion Stems as well as their own audio stems (note Entrants must only use audio stems that are comprised exclusively of sound recordings owned or exclusively controlled by them, or to which they have obtained all relevant rights for all purposes relating to this Competition – any entrant found to be infringing the copyright of a third party will be disqualified from the Competition) (“Remix”);

f)     visit https://wetransfer.com/, click ‘Add your files’ and select your Remix to upload in .wav file format only; and

g)    enter the email address wipeoutPS4@sony.com in the ‘Email to’ box, insert their email address in the ‘Your email’ box and insert their full name in the ‘Message’ box and click ‘Transfer’.

 

6.             Each Entrant may only submit one (1) entry and will only be eligible to win one (1) Prize (as defined below).

 

7.             Each Entrant must adhere to the General Rules and in particular, to sections 6 and 7.  In addition, entries must not contain any:

a)     pornography, nudity, or sexually explicit imagery;

b)    abusive, offensive or hateful imagery or language;

c)     harassing or defamatory content;

d)    content that compromises the privacy or safety of yourself or others;

e)     content that demeans a particular gender, sexual orientation, disability, religion, ethnicity or nationality;

f)     violent or dangerous behaviour; and/or

g)    spam, advertising or other commercial activities.

 

8.            The Promoter grants Entrants the right to use, reproduce, adapt, create derivative works from, distribute and transmit the Addiktion Stems and such sound recording or parts thereof and any underlying musical composition pertaining thereto as necessary for the purposes of the Competition only as set out by these Terms.

 

9.             Each Entrant grants to the Promoter a perpetual worldwide, exclusive, royalty-free licence to use entries for commercial and promotional purposes and for all the purposes related to the Competition, across all media including but not limited to any online platforms under the Promoter’s control. Each Entrant waives any moral rights they may have in their Remix.

 

10.          All entries must be completely original (excluding the Addiktion Stems) so as not to breach any third party intellectual property rights.  The Promoter accepts no liability if Entrants ignore these Terms and each Entrant agrees to fully indemnify the Promoter against any claims by any third party arising from any breach of these Terms.

 

11.          There will be one (1) winner (“Winner”) and nine (9) runners-up (each a “Runner-Up”). The Winner and each Runner-Up will be selected by four (4) Most Valued PlayStationers “MVPs” (as defined on the PlayStation Forum) and one (1) or more employees of the Promoter (“Judging Panel”) based upon the originality and creativity of the Remix. The decision of the judges is final.

 

12.          The Promoter shall notify the Winner and each Runner-Up by email to the email address provided by the Entrant at the time of entry, of their selection within four (4) weeks of the Closing Date.

 

13.          In order to claim their Prize (as defined below), the Winner must sign a standalone licence agreement and the Winner and each Runner-Up must respond appropriately to the Promoter’s notification email within two (2) weeks from the date of the Promoter’s notification email and:

a)     if aged between thirteen (13) years and seventeen (17) years provide their parent/guardian’s email address for the Promoter to confirm their parent/guardian’s consent has been given for the Competition and to arrange delivery of the Prize (“Parental Consent Email”). If the Winner’s parent/guardian does not respond within one (1) week from the date of the Promoter’s Parental Consent Email the Judging Panel shall award the Prize to the next winning Entrant; or

b)    if aged eighteen (18) years or over provide their full name, postal address and date of birth.

 

14.          The Winner will win:

a)     the opportunity to have their winning Remix (“Winning Remix”) patched into the WipEout Omega Collection PlayStation®4 game (“Game”);

b)    the opportunity to have their Winning Remix added to the PlayStation™Music “WipEout Omega Collection” Spotify playlist (for as long as said playlist is available on Spotify) (“Game Playlist”);

c)     one (1) WipEout Omega Collection PlayStation®4 disc game; and

d)    one (1) PlayStation®4 Pro 1 TB Jet Black,

with a total approximate value of GBP 379.98 / EUR 439.98 / NZD 709.90 / AUD 614.90 / DKK 3,648 / NOK 4,448.90 / SEK 4,448 / CZK 11,789 / HUF 142,898 / PLN 1,925.32 / RUB 34,280 / CHF 473.11 (“Winner Prize”).

 

15.          Each Runner-Up will win:

a)     one (1) WipEout Omega Collection PlayStation®4 disc game; and

b)    one (1) WipEout Omega Collection t-shirt (available in various sizes);

with a total approximate value of GBP 34.95 / EUR 45.66 / NZD 78.88 / AUD 63.46 / DKK 391 / NOK 503.41 / SEK 504 / CZK 1,148 / HUF 14,744 / PLN 184 / RUB 2,649 / CHF 43.52 (“Runner-Up Prize”).

 

16.          The Promoter will use reasonable endeavours to deliver:

a)     by registered post, the Winner Prize (excluding the Winning Remix and the Game Playlist) to the Winner; and

b)    by registered post, the Runner-Up Prize to each Runner-Up,

within four (4) weeks of receiving a Winner’s and/or Runner-Up’s details. The Winning Remix will be patched into the Game and added to the Game Playlist no later than 1 December 2017.

 

17.          In these Terms, “Prize” shall mean a Winner Prize, and/or a Runner-Up Prize, as appropriate in the context.

 

18.          Prizes must be taken as stated and may not be deferred.  There will be no cash alternatives; however the Promoter reserves the right to substitute any Prize with a prize of a similar value, including but not limited to in the event of a technical difficulty.

 

19.          The Promoter cannot accept any responsibility whatsoever for any technical failure or malfunction or any problem which may result in any Competition entry or other correspondence being lost or not being properly registered.

 

20.          In the event of a dispute, the Promoter’s decision is final and no correspondence or discussion will be entered into.

 

21.          The Promoter reserves the right to cancel the Competition or amend these Terms at any stage, if deemed necessary in its opinion or if circumstances arise outside its control.

 

22.          If a Prize is found to be ineffective, faulty or damaged upon receipt, the Promoter must be notified in writing within seven (7) days of receipt, otherwise the Prize will be deemed to be accepted as received.  This does not affect the Winner’s and/or Runner-Up’s statutory rights (if any).

 

23.          The Winner and each Runner-Up agrees to take part in any reasonable publicity required by the Promoter.

 

24.          If there is any reason to believe that there has been a breach of these Terms or incorrect, illegible, fraudulent or other invalid or improper information has been provided, the Promoter may in its sole discretion refuse to process an entry or fulfill any Prize awarded. If an Entrant fails to comply with clauses 2, 5, 6, 7, 10 and/or 13, or uses multiple accounts to enter, or if there is any reason to believe that anyone voting for an Entrant’s submission has been paid or incentivised in any way, either by an Entrant or a third party, they will be excluded from the Competition and their entry will be declared void.

 

25.          The Winner and each Runner-Up may be required to pay tax on any Prize won in accordance with their jurisdiction’s tax legislation and will be responsible for any related tax liability.

 

26.          The Promoter may, at its sole discretion, publish the Winner’s and each Runner-Up’s name on the Promoter’s website(s).  The Winner’s and each Runner-Up’s name will be made available on reasonable request to those enclosing a self-addressed envelope marked ‘#wipEoutPS4 Competition’ to the following address: Sony Interactive Entertainment Europe Limited, 10 Great Marlborough Street, London W1F 7LP United Kingdom within six (6) weeks of the Closing Date.

 

27.          General Rules apply to the Competition.  Please click here to view the General Rules.

 

28.          The “Promoter” is: Sony Interactive Entertainment Europe Limited, 10 Great Marlborough Street, London W1F 7LP United Kingdom.

 

29.          To the extent permitted by applicable law, these Terms shall be construed and interpreted in accordance with the laws of England and the contract between each Entrant and the Promoter shall be deemed to have been formed and performed in England.

 

Soundcloud Notice:

 

Entries which do not comply with the SoundCloud Platform Terms will be disqualified.

 

The Competition is in no way sponsored, endorsed or administered by, or associated with, Soundcloud.  Each Entrant is providing their information to the Promoter and not to Soundcloud. The information each Entrant provides will only be used to administer the Competition. Each Entrant agrees, to the extent permitted by applicable law, that Soundcloud shall not have any liability in relation to the Competition.