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Hennessy

... And the winner is

Andria Simone

Hennessy Talent Quest
Competition terms and conditions

LAST UPDATED: 12 FEBRUARY 2014

1. These terms and conditions are the competition rules (the “Rules”) for the Hennessy Talent Quest competition (the “Competition”). By entering this Competition, you agree to be bound by these Rules and confirm that you satisfy all of the eligibility requirements below. 2. The Competition is organised by Moët Hennessy UK Limited (“MHUK”).3. To enter the Competition you must:- upload the YouTube link of a video of you performing a Specified Track (as defined below) on to the Competition section on www.hennessy.com (the “Section”),- provide the mandatory details in the details form on the Section, and- confirm your acceptance to the Rules.4. The Specified Track must be the entrants interpretation of one of their own original compositions only amongst the following music styles : Blues, Soul, Funk, R’n’B, Boogie, Hip Hop, Slam. Reruns and/or remixes will not be accepted.5. Entrants must be either individuals acting in their name and on their own behalf or individuals acting in the name and on behalf of members of a band. All Individuals (including band members) must comply with eligibility requirements pursuant to these Rules. And acceptance to the Rules by the entrant includes acceptance to the Rules by each member of the band. When an entrant is acting on behalf of a band, the entrant must indicate this information in the relevant field of the details form on the Section and such entrant warrants that he/she has obtained the necessary authorisation, releases and consents from each member of the band.6. There is no payment to enter the Competition.7. Entries may be made from 09.00 on 3 March 2014 (the “Start Date”) and must be made before 23.59 hours, at GMT time, on 3 April 2014 (the “Closing Date”). The sole determinant of time for this purpose of the Competition will be the internet server used by MHUK. 8. The Competition is only open to legal residents of the following countries:(i) As entrants:- United States of America (excluding residents of the state of California),- Canada (excluding residents of the province of Quebec, Yukon, Nunavut and Nova Scotia),- Australia,- India,- Trinidad & Tobago,- Mexico- Jamaica- Porto Rico- Barbados, and- South Africa aged 25 years and above at the time of entry. (ii) As visitors:- United States of America (excluding residents of the state of California),- Canada (excluding residents of the province of Quebec, Yukon, Nunavut and Nova Scotia),- Australia,- India,- Trinidad & Tobago,- Mexico- Jamaica,- Porto Rico- Barbados, - South Africa,- Japan,- Nigeria,- Germany,- Italy,- Netherlands,- Ukraine, and- United Kingdom aged 18 years and over in the UK, and over the legal drinking and purchasing age in other countries at the time of vote.Entrants may be required to submit proof of eligibility. MHUK reserves the right to verify any information provided to it by the entrants as well as their date of birth. In the event of any dispute, entries containing an invalid email address or other information will be deemed ineligible. 9. Directors, officers and employees of MHUK and any of their respective affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies are not eligible to enter and to win any prizes.10. The winner may be required to travel outside his country as part of the Prize. For this reason, the entrants must ensure that they have a valid passport and are otherwise eligible to travel should they need to. 11. By entering the Competition, the entrants are responsible for the information they submit and warrant that this information is true, correct and complete. MHUK reserves the right to verify eligibility of entrants.12. MHUK also reserves the right to disqualify any entrant and/or cancel any vote if it has reasonable grounds to believe the entrant or voting visitor has supplied information and/or details that are untruthful, inaccurate or misleading, or if the entrant has failed to abide by the Rules and/or are in breach of the terms in any way whatsoever.


The prize

13. The Prize is the opportunity to perform at the Blues Passions Festival 2014 in Cognac, France between 1 and 6 July 2014 (the “Prize”). 14. The winner must be available between 1 July 2014 and 8 July 2014 to travel to and attend the Prize.15. The winner will have the chance to perform 1 or 2 times at the festival either on a side stage or one of the participation trade accounts associated with the festival i.e. a nightclub or open space in the town. 16. The Prize includes attendance at the festival, return economy travel ticket from the country of residence of the winner to the festival, and standard accommodation chosen by MHUK at the festival for 3 days. 17. The Prize does not include insurance, taxes, spending money, visa, passport and/or any other costs that may be incurred due to the winner accepting and/or attending the Prize. These costs are the sole responsibility of the winner. 18. If the winner declared to be a band at the time of entry, the winner may invite a maximum of 4 guests to the festival. The guests must be fellow musicians whose attendance is required by the winner as they are part of the winner’s band and perform with the winner. These will be deemed “Eligible Guests”. Any other person, including managers, entourages, and/or friends are not eligible to be guests.19. MHUK will pay for economy travel to and from the festival, and accommodation at the festival for Eligible Guests. Eligible Guests are responsible for all other costs associated with accompanying the winner. MHUK shall not be held liable for such costs. Clause 17 above applies equally to Eligible Guests as it does to the winner. 20. Prizes are neither transferable nor exchangeable and cannot be taken as cash.


Selection of the winner

21. The selection of the winner is open to subjective interpretation. The winning submission is based equally on the criteria of quality and relevance. 22. The criteria for the winner will be: the originality of the music (genuineness, content, style, sound), the artistic qualities (vocal and instrumental mastery) and the scenic performance (dynamism, flowing style and charisma on stage). 23. Initially, after the Closing Date, entrants videos will be considered by the festival organizer who will select a proportion of the videos that it considers in its professional opinion and with due regard to clause 22, are worthy of consideration by the judging panel.24. The videos produced by the entrants that have been selected will then be considered by an independent panel of judges, who are considered experts, competent to judge the Competition. The panel will shortlist the top entries (in the limit of 10) with due regard to clause 22. 25. The entries (up to 10) that are shortlisted will then be posted onto the Competition Section and visitors to the Section will be able to vote for their favourite videos. 26. Visitors may only vote once for a particular video up to three (3) different videos. 27. Votes must be made by 23.59 hours (at GMT time +0.00) on 15 May 2014 and visitors will be required to provide their own and valid e-mail address and country of residence. Voting visitors may be required to provide MHUK with proof or confirmation (i) that the voting visitor is the authorized account holder of the electronic mail address associated with the vote, and (ii) of any information provided or declaration made by the voting visitor in relation with the Competition. 28. After the date that votes must be received by in clause 25 above (15 May 2014), subject to these Rules, the entrant in the shortlist that entered the video that receives the most votes will be considered by the organiser of the festival. If the organiser of the festival, in its professional opinion is of the view that that person is suitable to perform at the festival that person will win the Competition. The organiser of the festival will have with due regard to clause 22 when deciding whether the person is suitable to perform at the festival. 29. If the organiser of the festival, in its professional opinion, is of the view that the person with the most votes is not suitable to perform at the festival, the next person who receives the next most votes will be considered. Any other consideration will be in accordance with these Rules. 30. Subject to these Rules, following the above process, the winner will be announced on the Section no later than 25 May 2014.31. The names of all expert judges will be made available upon request.


Notification

32. The winner will be notified by e-mail to the address provided at the time of entry. The winner must respond to such notification within ten (10) days from the date the notification is sent to him or her. If for any reason the winner cannot be reached after reasonable attempt has been made or if the winner fails to respond or responds after the deadline set forth above, the prize will be awarded to an alternate winner. The selection of any alternative winner would be in accordance with these Rules. 33. The winner may also waive his/her right to receive a prize and in this case the Prize will be awarded to an alternate winner.34. Awarding of Prize is subject to validation and eligibility verification. An entry shall be deemed submitted by the holder of the e-mail account. The winner may be required to provide MHUK with proof (i) that the winner is the authorized account holder of the electronic mail address associated with the winning entry, and (ii) of any information provided or declaration made by the winner in relation with the Competition or entry.


Intellectual Property Rights & Use of Entries

35. MHUK does not, unless it agrees this with the entrant(s), claim any rights of ownership in the entries. As such, entrants retain ownership of their entry and, although MHUK will be able to use entries for use connected with the Competition, they will also have the right to use their entry in any way they choose. 36. In consideration of MHUK agreeing to consider entrants to the Competition, each entrant hereby agrees that MHUK (and third parties authorised by MHUK) may make any and all entries (including the Specified Track) available on the internet and any other media, whether now known or invented in the future, which may include other internet sites (including social media platforms), mobile, television and/or radio and that entries may be made available with advertising, promotion and/or sponsorship. Entrants grant MHUK (and third parties authorised by MHUK) a non-exclusive, worldwide, irrevocable license (for the full period of any rights in the entry) to use, display, publish, transmit, copy, make derivative works or podcasts from, edit, alter, store, re-format, sell and sub-licence the entry for such purposes.37. MHUK does not guarantee to use or otherwise make available any entry. MHUK may also, in appropriate circumstances, and at its sole discretion, reject, edit, remove or disable access to entries and/or votes that appear to be inappropriate, fraudulent, incorrect, illegal or otherwise problematic e.g. infringe the copyright or other intellectual property or privacy rights of others, are defamatory etc. or for any other reason.38. Entrants’ entries and any information submitted by them must be personal to and relate specifically to them (or to the band members in the event of an entry made on behalf of band members). Entrants hereby warrant that their entry and all information which they submit and/or distribute will not infringe, in full or partially, the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing, threatening or inappropriate. If relevant, MHUK reserves the right, at its absolute discretion, but not the obligation, to screen, filter and/or monitor information provided by entrants and to edit, refuse to distribute or remove the same.39. In consideration of the Prize being attributed to the winner, the winner hereby undertakes to agree, without any additional consideration, that MHUK (and third parties authorised by MHUK) may:- capture and film by any mean the performance(s) of the winner during the festival,- use (pursuant to a non-exclusive, perpetual, worldwide and irrevocable license) the name, image, likeness of the winner and the capture of the performance on the internet and any other media, whether now known or invented in the future, which may include other internet sites (including social media platforms), mobile, television and/or radio and that these may be made available with advertising, promotion and/or sponsorship. 40. In case of any claim or action by any right owner or third party (i) alleging the work of any entrant to be an infringement of any intellectual property right, or (ii) alleging any infringement to image or publicity right, such entrant shall be solely liable for any such claim or action in any country where it is made.


Liability

41. By entering the Competition the entrant releases MHUK and any of its parent companies, subsidiaries, affiliates, directors, officers, employees, representatives, agents and agencies from any liability whatsoever, and waive any and all causes of action related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Competition and will be held harmless by entrants for any claims, liability or cause of action for any injury loss disappointment or damages of any kind to persons, including without limitation property, due in whole or in part, directly or indirectly, from the acceptance of the prize, participation in this Competition.42. The winner will also be subject to the terms and conditions of providers of certain aspects of the Prize. For full details and terms and conditions of providers, please contact Sian Deegan, Senior Brand Manager, Moët Hennessy UK Limited at 18 Grosvenor Gardens, London SW1W 0DH. 43. MHUK is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment or software, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination of these, including any injury or damage to entrant‚ or any other person, computer or mobile telephone related to or resulting from participation or downloading any materials in the Competition. Nothing shall exclude MHUK liability for death or personal injury as a result of its negligence.44. MHUK cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of or unauthorised access to entries or votes, or entries/votes lost, damaged or delayed as a result of server functions, technical issues, virus, bugs or other causes outside MHUK’s reasonable control. “Sponsor


Data Protection and Publicity

45. The winner will be requested to take part in promotional activity and MHUK reserves the right to use the name and address of the winner, their photographs and audio and/or visual recordings of them in any publicity.46. The winner will only feature in publicity if they are aged 25 or over at the time of entry.47. Any personal data relating to entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the individual‚ prior consent. Data relating to entrants will be retained by MHUK for a reasonable period after the Competition closes to assist MHUK to operate competitions in a consistent manner and to deal with any queries on the Competition. MHUK does not share this information with non-organizers of the Competition except to the extent necessary to complete the uses described above. Such a share is however subject to their agreement to treat it as confidential business information and with the understanding that it may not be used for any purpose other than to perform their function. MHUK may disclose personal information in response to legal process, for example, in response to an order from court or governmental body.


Jurisdiction

48. The Competition and Rules will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England. MHUK makes no representation that materials on the Section relating to this Competition are appropriate or available for use at other locations and access to them from territories where their contents are illegal is strictly prohibited. If you access the Section outside of the United Kingdom, you are responsible for compliance with all local laws.


Miscellaneous

49. These Rules are in addition to and not in lieu of the Terms and Conditions and Privacy policy of the website where the Section features. In case of contradiction between the Rules and the Terms and Conditions and Privacy policy of the website where the Section features, the Rules shall prevail.50. Any composition having (or likely to appear as having) an unlawful, political, inappropriate or content contrary to human dignity (racist, xenophobic, revisionist, anti-Semitic, libellous or offensive comments) will automatically and definitely be excluded from the Competition."51. MHUK reserves the right to shorten, extend, modify, cancel, patch or update the Rules at any time as deemed appropriate, in its sole discretion, without suspending or canceling the Competition. In such case, its liability cannot be incurred. MHUK reserves the right to discontinue the Competition at any time and in such case, its liability cannot be incurred. 52. In the event there is any conflict or other inconsistency between the Rules and any advertisements, promotional or marketing materials, e-mails, or announcements relevant to this Competition, these Rules shall govern and prevail.53. In the event of any dispute regarding the Rules, conduct, results and all other matters relating to the Competition, the decision of MHUK shall be binding and final and no correspondence or discussion shall be entered into.54. The Rules may be translated in local languages. In case of divergent interpretations of these versions, only the English version will be considered as legally binding.55. This Competition is in no way sponsored, endorsed or administered by, or associated with, YouTube.56. YouTube is not liable or responsible for anything related to this Competition.


How to contact us

You can contact us in relation to the Competition by writing to: Sian Deegan, Senior Brand Manager, Moët Hennessy UK Limited at 18 Grosvenor Gardens, London SW1W 0DH.Hennessy Talent Quest Moët Hennessy UK Limited, 12-18 GROSVENOR GARDENS LONDON ENGLAND SW1W 0DH Company number 00371236 DRINK RESPONSIBLY


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