GREETING CARD OPEN CALL Terms and Conditions
APPLYING TO THE OPEN CALL IS CONSIDERED AS A FINAL, IRREVOCAVLE, AUTOMATIC AND UNRESERVED AGREEMENT OF THE ENTIRE CONTENTS OF THESE TERMS AND CONDITIONS BELOW STARTING FROM 1st MAY 2019.
1. Definitions and Interpretation
Unless the context otherwise requires, each of the following words and expressions shall have the meaning set out opposite it in this Clause:
“Intellectual Property Rights” All intellectual property rights linked to the Submission (s), including without limitation: copyright, registered designs, trademarks, trade names, services marks and service names and moral rights;
“Open Call” means, Virgin request for participants to submit a greeting card design that has been produced by them in accordance with the design guidelines attached as Appendix A. The winning design will be used by Virgin to greet its partner and media for the occasion of Eid Al Fitr;
“Participant” a person or a band who provides their Submission via the online Application Form to Virgin to participate in the Open Call competition;
“Submission” a format of greeting card produced by the Participant and submitted to Virgin;
“Virgin” Virgin Megastore and/or VStar Multimedia LLC;
2. Application Rules
2.1 All Participants must be UAE residents, holding a valid UAE resident visa.
2.2 The minimum age for the Participants should be no less than Eighteen (18).
2.3 Each Participant can have only one Submission through an online application form. By submitting the form, the participant agrees to the terms & conditions.
2.4 The deadline to receive Submissions is 15 May 2019. Virgin will not be accepting any Applications after the deadline has passed. Virgin reserves the right to amend the deadline and all the terms and conditions mentioned thereto at its sole discretion and without notice.
2.5 Incomplete or false applications will be lead to Participant disqualification. Virgin reserves the sole discretionary right to disqualify applications and Participants for any reason whatsoever. And Participant shall not have any right to object or claim any rights or damages whatsoever due to the Submission Rejection.
2.6 A Judging Panel chosen at the sole discretion of Virgin, will choose the winning card. And Participant irrevocably agree that the panel decision cannot be challenged in any way whatsoever, and Participant shall not have the right to claim any damage whatsoever resulting from the panel decision.
2.7 The winner will be notified via email, telephone & on social media upon selection. Failure to reply to Virgin notification within 48 hours will grant Virgin the right to choose another winner.
2.8 An announcement about the winner will be made by Virgin on social media on May 16, 2019
2.9 The Winner must grant Virgin and the associated organizations the time and the availability for promotions, performance, recordings and publicity related to Open Call. Failure to comply with Virgin requirements will result in disqualification and replacement of the successful candidate.
3. Representations and Guarantees
3.1 The Participant guarantees that s/he is the sole lawful owner of the Submission and all of it’s contents within and currently maintains the rights to absolutely and irrevocably relinquish the rights in relation to the Submission.
3.2 Participant guarantees that the Submission is free from any claims or encumbrances and that the submission are totally created by them and do not infringe any third party rights or any other regulation within UAE or worldwide, and Participants will be solely liable in case of infringement of any rights arising from the display, use or publishing of the Submission. Participant shall indemnify and keep Virgin harmless and indemnified against any claim, demand, lawsuit whatsoever arising from the use of the Submissions.
3.3 The Participant guarantees that s/he has obtained prior written approval for the use of any copyright or other intellectual property rights of any third party that is included in the Submission.
3.4 The Participant guarantees that there are no proceedings against him/her in relation to the Submission.
3.5 The Participant guarantees that s/he has not granted and shall not grant any rights whatsoever of the Submission to a third party especially if declared a winner. The Winning Participant irrevocably and finally undertakes to sign an exclusive agreement with Virgin or any other third party selected by Virgin, detailing the rights and obligations of both parties.
3.6 The Participant acknowledges that the Open Call is an amateur Event created by Virgin to encourage awareness and boost talents, and Participant agrees s/he is not expecting and will not be compensated by Virgin in any manner whatsoever, and does not have the right to claim any amount, fees, remuneration or any kind due to its participation in the Open Call.
3.7 The Participant agrees to receive email updates and communications about the Open Call and future endeavours of Virgin directly to the email registered in the application form.
4.1 The Participant shall remain the owner of all Intellectual Property Rights related to the Submission. However, the Participant hereby irrevocably grants Virgin the rights to use the Submission for all purposes of the Open Call and for other purposes at the sole discretion of Virgin. In particular, the rights to use the submitted drawings and the final winner drawing for their own personal and internal use, Virgin has the rights to use the submitted drawings and the final winner drawing for obtained prior written approval for the use of any copyright or other intellectual property rights of any third party that is included in greeting card usage for their customers in their UAE stores for EID and Virgin has the rights to use the winner’s drawings to advertise across their online and all other marketing channels including UAE stores.
4.2 For the objectives of the Open Call, Virgin’s rights include, but are not limited to the:
4.2.1 rights to market, play, display, and promote the Submission and the Participant’s name and photo;
4.2.2 rights to duplicate, re-create, amend, manufacture, and publish the Submission; and
4.2.3 rights to reproduce the Submission in other forms or on different platforms.
4.3 The Participant is not entitled to use any trademark or tradename associated with Virgin Megastore brand, or its intellectual properties in any way whatsoever.
5.1 The Participant agrees to fully and effectively indemnify and hold harmless Virgin, and to keep Virgin indemnified, from and against all costs (including attorney’s fees) expenses, damages, claims and liabilities arising from of any breach of this Agreement, caused by the Participant, its employees, agents, customers and servants.
5.2 Virgin shall have no liability whatsoever for any losses or costs incurred by the Participant, or liability arising from, the Application to the Open Call, including any loss of the Submission or any failure to be able to process the Submission because of technical issues or any other reason whatsoever.
5.3 The Participant waives all claims or interests pertaining to the use of the Submission.
6.1 Virgin may assign, transfer or otherwise sub-contract any of it’s obligations, benefits or rights under these Terms and Conditions to any third party.
6.2 Virgin has the right to cancel or suspend the Open Call for any reason whatsoever, without prior notice.
6.3 If any provision of these Terms and Conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable and the remaining provisions shall continue in full force and effect.
6.4 Any waiver by Virgin of any breach of any provision of the Terms and Conditions by the Participant shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms
6.5 Participating in the Open call shall consist an irrevocable and final approval by the Participant, to the terms and conditions stated thereto.
- All submitted drawings need to revolve around vintage/retro Ramadan inspired designs
- All submitted drawings need to follow the colors red, white and black. (Virgin Megastore brand colors and identity)
- All submitted drawings with violence, drug use, racism and offensive content will not be accepted.
- All submitted drawings need to follow an A6 envelope size.