Official Rules

OFFICIAL TERMS AND CONDITIONS FOR INSTORE MUSIC PRIZE GIVEAWAYS:

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OFFICIAL RULES OF THE RÉMY MARTIN® PRODUCERS SERIES SEASON 1 CONTEST

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram or any other social network or platform. You understand that you are providing your information to Contest Entities, and not to, Facebook, Twitter, Instagram or other social network or platform.

Eligibility: The Rémy Martin® Producers Series Contest (“Contest”) is open only to natural persons who are legal residents of South Africa, who have a valid ID number, and who are at least eighteen (18) years of age at time of entry. Contest may only be entered from and in eligible jurisdictions. Contest Entities, prize providers and their parent, subsidiary and affiliate companies, employees, agents and suppliers, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to participate. In the event of a dispute as to the identity of an entrant, the authorized account holder of the account will be deemed to be the entrant (“Entrant” also known as “Producer”). Administrator may request any potential winner to provide proof that such person is the winner. All potential winners are subject to verification before any prize will be awarded. Subject to all applicable local laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Administrator’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.

Sponsor: The Sponsor of the Contest is Rémy Cointreau South Africa Limited (“Sponsor”).

Administrator: The Administrator of the Contest is Edward Snell and Company (“Administrator” also known as “Edward Snell”).

Sponsor and Administrator are collectively referred to herein as “Contest Entities”.

Timing: Administrator’s clock is the official time keeping device of the Contest. Submission Period and Judging Periods, Regional Event, and Grand Finale Event are collectively referred to herein as “Contest Period” and are described below.

Submission Period: Submission period begins at 12:00 PM RSA Time on June 3, 2019 and closes at 11:59 PM RSA Time on July 07 2019.

How To Enter: Via the Internet, Amateur Producer may visit the Contest Submission page located at www.remyproducers.co.za/submit, select the one (1) Region where you want to perform, follow the instructions to submit the registration form, and upload your best track in the mp3 format (“Submission” also referred as “Beat”). Beat must be instrumental and may not exceed one (1) minute in length, max file size 10 MB. All Beats submitted must be labelled in the following format: producer-name_track-name.mp3. A Producer must be one (1) individual, submissions by a duo or group are not eligible. Administrator reserves the right to disqualify beats submitted that are longer than 1 minute, or decide to only judge the first 60 seconds of such beats.

Judging and voting, as described below, will be based on criteria defined below. Track must be completely original and cannot include cover or derivative material of any kind.

For all entries: Each Producer is eligible to submit one (1) Contest entry only, for the region of choice. Any attempt by any Producer to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that Producer’s entries and that Producer may be disqualified. Use of any automated technology or system to participate is prohibited and will result in disqualification. Any automated receipt (such as one confirming delivery of text message or e-mail) does not constitute proof of actual receipt by Administrator of an entry. Contest Entities are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. All entries become the sole property of Administrator and none will be acknowledged or returned.

All potential regional finalists, finalists and winners (collectively “Contestants”):

Contest Entities shall have the right to immediately remove any and all Submissions that violate these rules, in the sole direction of the Contest Entities. As conditions of entry into this Contest, and submitting a Submission, each Producer:

  • Warrants and represents that the Producer has the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use his/her respective name or likeness to enable inclusion and use of the Submission in the manner contemplated by the Contest Entities and these Official Rules, and can make written copies of such permissions available to the Contest Entities upon request;
  • Acknowledges and agrees that the Contest Entities may exploit, edit, modify, display and distribute the Submission and all elements of such Submission, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media now known or not currently known, throughout the world in perpetuity without compensation, permission or notification to Producer or any third party;
  • Warrants and represents that Producer’s Submission is original to the Producer and has been legally obtained and created, does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws or regulations;
  • Warrants and represents that Producer’s Submission does not contain any unlicensed images or music;
  • Producer understands and intends that any music Beat, photo or, if any, submitted by Producer to the Contest may be available for viewing, rating, review and comment on by the public, and understands that comments or ratings with which Producer disagrees or are unhappy about may be published or otherwise become associated with any music Beat, photo or information, if any, Producer submits to Contest. By submitting any music Beat, photo or information, if any, to Contest, you hereby waive any privacy expectations that Producer may have with respect to any such music Beats, photo or information submitted by Producer to Contest.
  • Contest Entities bear no responsibility or obligation for any lawsuits or grievances that may arise from the submission of Beat.
  • The Beat submitted for this program will remain the property of the Producer that submitted them; but by submitting the Beat the Producer/owner gives permission to Contest Entities to license to use the Beat for promotional, advertising and presentation purposes.
  • Agrees that Producer will conduct him/herself with due regard to public conventions and morals, and shall not do or commit any act that would tend to prejudice the Contest Entities during the Contest Entry Period and for up to one (1) year following acceptance of the prize; and
  • Agrees that, IF selected as the Grand Prize winner, Producer will not publicly promote, advertise, or sponsor any of the Contest Entities’ competing brands during the Contest Entry Period and for up to one (1) year following acceptance of prize.

In the event a Producer cannot provide all required releases, or is unable to travel to the Regional Event or Final Event, Contest Entities reserve the right, in their sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Contest Entities’ benefit, or allow the applicable Submission to remain.

Producers agree that Submissions/Beat shall not contain, include or involve any of the following:

  • Obscenity
  • Crude, vulgar or offensive language
  • Violence
  • Derogatory characterizations of any ethnic, racial, sexual or religious groups, humiliation of other people (publicly or otherwise), any assault or threatening of others
  • Trespass or the violation of other people’s rights or property
  • Conduct or activities in violation of these Official Rules
  • Any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by Contest Entities, in their sole discretion

Sponsor reserves the immediate right to terminate this agreement and disqualify and/or have removed from Events, any contestant who has committed or commits any act or becomes involved in any situation or occurrence which brings you into public disrepute, contempt, scandal or ridicule or which shocks, insults or offends the people of this nation or any class or group thereof, or reflects unfavorably upon the Sponsor or Sponsor’s Products.

If Contestant is terminated due to above stated morals, they will not be entitled to any additional awards from the Contest, but will not have to reimburse the monies paid out for contestant’s participation to that date.

Administrator is not obligated to use, publish, display or broadcast any Submission materials submitted with an entry; provided however that each Producer acknowledges that Administrator will rely on such Producer’s agreement and compliance with these Official Rules when Producer submits or attempts to submit the entry.

Prizes: One (1) Grand Prize.

Grand Prize consists of an opportunity for Grand Prize Winner to record a session in a recording studio with the featured Artist (“Session”); round-trip, economy class air transportation for two (2) from the airport nearest Grand Prize winner’s home within the RSA to city where recording studio is located, within thirty (30) to forty-five (45) days of the Grand Finale Event; one (1) double occupancy standard hotel room for two (2) nights / three (3) days; Coaching sessions may be conducted for the duration of one (1) hour per month via phone or email, unless otherwise agreed between the industry expert and the winner. All other expenses not specifically mentioned herein, to include, but not limited to, equipment, instruments, parking, and incidentals, are solely the winner’s responsibility. Selection of airline, airline seat location, hotel, hotel room, studio, and Session location is solely within Contest Entities’ discretion. Winner and guest must abide by all hotel, airline and recording studio policies. Contest Entities reserve the right to provide ground transportation in lieu of air transportation if the Winner resides within two hundred (200) kilometers from the Session. Contest Entities reserve the right to revoke full or partial prize from any winner or guest who it or personnel deem may, in its sole discretion, be intoxicated, be a safety risk, have violated any airline, hotel or studio policy or law, or may bring Contest Entities into disrepute. Winner will be required to provide a credit card to hotel to cover incidentals, which are not included in prize package. Travel must take place on the day prior to the Session and return the day following the Session; no alternative travel dates are available. If Winner is unable or unwilling to travel on the dates specified, the prize will be forfeited and may be awarded to an alternate winner. All travel subject to availability and restrictions. Winner and travel guest must travel on same itinerary. Finalist and travel guest must sign and return a travel release before any ticketing of travel occurs. Finalist and guest must have all necessary identification and/or travel documents required for travel. Winner understands that there are inherent risks involved in travel, performing on stage and in front of a crowd, and that these risks may be present before, during and after the performance and/or travel. Contest Entities are not responsible for changes in schedule of any element of the prize or for any expenses incurred as a consequence of changes. An unclaimed and/or unused prize element will remain the property of Contest Entities.

Selection and Verification of Potential Regional-Finalists, Finalists and Potential Winner: Ffifteen (15) regional-finalists will be selected by the end of the shortlist period, five (5) from each Region (as described above) from among all eligible entries received. One (1) Finalist from each Region will then be selected by the end of the regional show period for the final show

Event Attendance:

Regional Events: Semi-finalists are solely responsible for getting to and from a Regional Event, as well as, any related expenses or accommodations. Semi-finalists who do not make it to their Regional Event will be disqualified. The remaining semi-finalists will compete.

Regional and Finale Events (collectively referred to herein as “Contest Events”): Contest Entities shall not be liable for: i) any failure of transportation, accidents, incorrect directions or the inability for any semi-finalist or finalist to appear at a Contest Event; nor ii) any sickness, injury, damages or loss traveling to or from Contest Events. Contest Entities shall not be liable for failure, cancellation or delay of Contest Events if such failure or delay is due to causes beyond its reasonable control including, without limitation, accidents, nuclear or natural catastrophes, fires, earthquake or storm, strikes, failures of public utilities or common carriers, civil or military disturbances, acts of war, or intervention, acts restraints or regulations of any governmental authority, including compliance with any order of any governmental considerations. In such circumstances, the winner will be determined by the scoring system: to evaluate submission tracks if event during Round 1 or Round 2; or based on cumulative score if event is during Regional Event or the Finale Event.

Administrator’s decisions as to the administration and operation of the Contest and the selection of potential winners are final and binding in all matters related to the Contest. Administrator reserves the right to disqualify any participant or winner and may refuse to award any prize to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the Contest, or obtained semi-finalist, finalist, or winner status using fraudulent or illegal means.

All Contestants are subject to verification by Administrator. Administrator will not accept screen shots or other evidence of winning in lieu of its validation process.  Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Each potential semi-finalist will be notified by email or phone. Each Producer is solely responsible for providing reliable contact information to be notified in the event they are the winner. Each potential semi-finalist, finalist, or prize winner may be required to sign and return an Affidavit of Eligibility, Liability and Publicity Release (“Affidavit”) (except where prohibited), which must be received by Administrator within forty-eight (48) hours of the date notice or attempted notice is sent, in order to claim a prize (if applicable). If a potential semi-finalist or finalist cannot be contacted, fails to sign and return the Affidavit within the required time period (if applicable), declines the opportunity to advance, or accept a prize, or prize is returned as undeliverable, such potential semi-finalist or finalist forfeits the prize. In the event that a potential semi-finalist or finalist or winner is disqualified for any reason, Administrator will award the corresponding advancement or prize to an alternate winner by selecting the semi-finalist or finalist with the next highest score. All alternate potential semi-finalists, finalists, and winners are subject to all requirements set forth in these Official Rules. Only three (3) alternate winners will be selected, after which the prize will remain un-awarded.

Publicity: Except where prohibited, participation in the Contest constitutes finalist’s, and winner’s consent to Contest Entities’ use of his/her name, Submission, Competition tracks, social media identity, likeness, photograph, voice, opinions and hometown for promotional purposes in connection with this Contest in any media, worldwide, without further payment or consideration.

Privacy: Information submitted by Producers will be collected by Administrator’s systems based in the South Africa and such collection will be subject to applicable South African laws. Producers may withdraw personal data upon request; however, Producer will be disqualified if personal data is withdrawn prior to the determination of the winner(s) and fulfillment of the prize(s). Information submitted by Producers is subject to Producer’s participation in this Contest constitutes consent for Contest Entities to use Producer’s personal information solely for the purpose of administering the Contest and awarding the prizes, unless Producer has opted to receive e-mail communications from Contest Entities. For information regarding Sponsor’s privacy policy, please visit www.remymartin.com/us/privacy-policy/.

Errors and Unauthorized Activity: Contest Entities are not responsible: (1) for any incorrect or inaccurate information, whether caused by Producers, third parties, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) for technical and/or communications malfunctions, errors or failures of any kind; (3) for unauthorized human intervention in any part of the Contest; (4) for technical or human error which may occur in the administration of the Contest or the processing of entries; (5) for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Producer’s participation in the Contest or receipt or use or misuse of any prize; or (6) if the Contest cannot take place or if any prize cannot be awarded due to acts of war, natural disasters, weather or acts of terrorism. If for any reason an Producer’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Producer’s sole remedy is another entry in the Contest, provided that if it is not possible to award another entry due to discontinuance of the Contest, or any part of it, for any reason, Administrator, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Administrator reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims. Administrator reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Contest Entities’ reasonable control impairs the integrity or proper functioning of the Contest, as determined by Administrator in its sole discretion. In such event, Administrator reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Administrator reserves the right, in its sole discretion, to disqualify any individual it suspects or finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other Contest or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Contest Entities reserve the right to seek damages from any such person to the fullest extent permitted by law. Contest Entities’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Release: By participating in the Contest, Producer (a) releases Contest Entities, prize providers, promotional agencies, franchisees, and each of their respective parent companies, affiliates, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, and employees, from any and all liability for any claims, costs, injuries, losses or damages of any kind arising in connection with the Contest, including the unauthorized or illegal access to personally identifiable or sensitive information or acceptance, possession, use, misuse, or nonuse of the prize that may be awarded; and (b) acknowledges that the foregoing parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a prize including, without limitation, the prize quality or availability.

Disputes: As a condition of participating in the Contest, Producer agrees that: (a) under no circumstances will Producer be permitted to obtain awards for, and Producer hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (b) all causes of action arising out of or connected with this Contest or the prizes awarded, shall be resolved individually, without resort to any form of class action, exclusively by arbitration pursuant to the CCMA, then effective; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred and in no event shall Producer be entitled to receive attorneys’ fees or other legal costs. Contest Entities reserve the right to modify prize award procedures. The Contest and these Official Rules, and the validity, construction, performance, and enforcement thereof, shall be governed by and construed in accordance with the laws of the RSA without giving effect to any choice of law or conflict of law.

 

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