If you want to enter the competition for the chance to win a Spitfire Audio Essential Drive worth £1,153, plus your loop being featured on Spitfire Audio social channels, then here are the terms that set out what you need to agree to (the “Rules”).
The Rules apply to the Pedal Competition (the “Competition”).
The Competition is organised and sponsored by Spitfire Audio Holdings Limited, a company incorporated and registered in England and Wales with company number 09857384 whose registered office is at Elsley Court, 20-22 Great Titchfield Street, London, United Kingdom, W1W 8BE (“Spitfire”, “we”, “us”, “our”, “Sponsor”).
To enter the Competition, all you have to do is create an original musical composition (“Composition”) using [one, and only one, of the provided influencer loops “Loops”].
You must then upload the Composition onto your Instagram channel, tag the video with “#ShowMeYourPedalBoardComp” [and complete the Competition form online at https://docs.google.com/forms/d/e/1FAIpQLSeH90eoQWSng1W_DN6ilNswxLTDdqmiqjh5VdWBVDVhHP8smw/viewform?usp=sf_link .
We can only accept one entry per email address. There will be three Grand Prize winners.
The winner shall be determined by a panel comprising Spitfire Audio in-house composers and Leo Abrahams, according to the judging criteria set forth below.
The approximate retail value (“ARV”) of the Grand Prize is GBP £1,153.
Each of the three Grand Prize winners shall receive:
· 1x Spitfire Audio Essential Drive comprising of:
1x Hainbach - Landfill Totems // ARV = £29
1x BlankFor.ms - Tape Synths // ARV = £49
1x BBC Symphony Orchestra Piano // ARV = £79
1x Mercury // ARV = £149
1x Chamber Strings Essentials // ARV = £199
1x Ambient Guitars // ARV = £249
1x Albion One // ARV = £399
Entrants may only enter the Competition once. The Competition is void in all countries where prohibited or restricted by law.
Key Competition Dates (“Competition Period”):
· Monday 29th April 2024 10:00 GMT : Competition Starts
· Monday 20th May 2024 23:59 GMT : Competition Ends
· The winners will be notified by email on Friday 7th June 2024. The winners will be announced on Spitfire Audio social media channels on Monday 10th June 2024.
By entering the Competition (and you warrant that), you are aged 18 or over (or have permission from a parent or guardian if you are a minor in your jurisdiction of residence) and that you are not an employee or supplier (or a family member of an employee or a supplier) of Spitfire, or any company (including any affiliates or subsidiaries) involved in operating or sponsoring the Competition or awarding any prizes (collectively, “Competition Entities”).
You represent and further that your Composition (and elements therein) submitted as part of the Competition: (a) is your wholly original work; (b) will not infringe or violate any third party rights, including any property rights (e.g., copyright, trademark) of any person or entity and the use thereof will result in no third party liability or obligations; (3) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof, and (4) has been made using only one of the available Loops. Entrants agree to defend, indemnify and hold Competition Entities harmless from and against any third party claim, to the extent relating to any breach of any representation, warranty or covenant made by such entrant in connection with acceptance of these Rules or Competition activities.
Spitfire Audio grants you a limited license to use the provided Loops solely to create your entry and for no other purpose. In no event will you obtain any rights in the Loops. Except for the limited rights granted by Spitfire Audio, Spitfire Audio reserves all rights in and to the Loops. You have permission to post only your own Composition using the Loops on your own website or social media platforms, as an example of your work.
By entering the Competition, you hereby grant the Competition Entities the right to use your name, likeness, and entry in connection with the Competition and for any related advertising and promotion, except where prohibited by law.
JUDGING: All entries will be judged beginning on or about 27th May 2024 based on the following judging criteria: creative use of the loop, the production and the blend of instruments Potential winners will be contacted by email, beginning on 7th June 2024 and may be required to electronically complete a Declaration of Compliance, Release of Liability, Prize Acceptance Form and, where legally permissible, a Publicity Release and Assignment of Rights (“Prize Documents”) within four days of attempted notification. Noncompliance within this time period may result in disqualification, and an alternate may be determined. Spitfire reserves the right to select fewer than the stated number of winners, in its sole discretion, if Spitfire does not receive a sufficient number of eligible and qualified entries. Limit is one prize per person.
If you are a prize winner, then Spitfire may require you to prove your identity, including proof of your address. Examples of identification documents would include passport, driving license and utility bills.
By claiming a prize, you hereby warrant that all information submitted by you is true, current and complete. Spitfire reserves the right to verify the eligibility of all entrants.
Spitfire reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of the Rules.
In the event of any dispute regarding the Rules, conduct, results and all other matters relating to a Competition, the decision of Spitfire shall be final, and no correspondence or discussion shall be entered into.
The Competition may be cancelled, modified, terminated or suspended in the event of any computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes outside control of Spitfire which impairs or affects the administration, security, fairness, integrity, or proper conduct of the Competition. Spitfire reserves the right at its sole discretion to disqualify any individual who tampers with any entry process or harassed any Spitfire representative or any entrant and to cancel, modify, terminate or suspend the Competition. In the event of termination, a notice will be posted on www.spitfireaudio.com and winners will be determined from entries received prior to cancellation based on the same judging criteria listed above.
There is no charge to enter the Competition.
Prizes are non-transferable, and there is no cash alternative. Spitfire reserves the right to substitute prizes for prizes of equal or greater value at any time. No prizes can be redeemed for cash. No more than the number of prizes stated in these Rules shall be awarded.
Spitfire cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the Competition or as a result of accepting any prize. Spitfire is not responsible for any problems or technical malfunction of any telephone network or lines, online computer 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 or at any web site, or any combination of these, including any injury or damage to entrant’s or any other person’s computer or mobile telephone related to or resulting from participation or downloading any materials in the Competition. Nothing shall exclude Spitfire’s liability for death or personal injury as a result of its negligence.
Winners may be requested to take part in promotional activity, and Spitfire reserves the right to use the names of winners, any equipment the winner may use, their photographs and audio and/or visual recordings of them or their work or entry in any publicity.
Any personal data relating to entrants will be used solely in accordance with current data protection legislation and subject to these Rules will not be disclosed to a third party without the individual’s prior consent. Please see Spitfire privacy policy for further details. Data relating to entrants will be retained by Spitfire for a reasonable period after the Competition closes to assist Spitfire to operate competitions in a consistent manner and to deal with any queries on the Competition as well as sending information about Spitfire and its products to entrants.
This Competition is in no way sponsored, endorsed, administered by or associated with Instagram or any other social network. You are providing your information to Spitfire Audio Holdings Limited and not to any other party.
In the event of a conflict between these Rules and any promotional materials or other communications related to the Competition, these Rules shall govern and control.
By participating in the Competition and/or accepting a prize, each entrant agrees to hold the Competition Entities and their respective current and future parents, affiliates, subsidiaries, advertising and promotion agencies, licensees, successors and assigns and all of their respective officers, directors, agents and employees (collectively, “Released Parties”) harmless against any and all claims and liability arising out of participation in this Competition or use/misuse of prize, including without limitation any claims for personal injury (including death) or property damage and any claims for infringement of any third-party rights (including any intellectual property, privacy and/or publicity rights). Entrants assume all liability for any injury or damage caused or claimed to be caused by participation in this Competition or use or redemption of any prize. CLAIMS MAY NOT BE RESOLVED THROUGH ANY FORM OF CLASS ACTION.
The Competition and Rules shall be governed by and interpreted in accordance with the laws of England & Wales. The parties agree that in the event that any suit or proceeding is brought in connection with this Competition, such suit or proceeding shall be brought in the courts of England & Wales, and the parties shall submit to the exclusive jurisdiction of such courts and waive any and all jurisdictional, venue and inconvenient forum objections to such courts. Spitfire makes no representation that materials on its Website relating to this Competition are appropriate or available for use at all locations and it is your responsibility to ensure that by accessing the Website and entering the Competition it is not illegal or strictly prohibited by the laws of the country you are in.
The winners of the Competition will be posted after Monday 10th June at https://www.instagram.com/spitfireaudio/?hl=en
Full Release and Waiver
In consideration for the opportunity to submit your Composition to participate as an applicant in the Competition being sponsored by Spitfire Audio and for other good and valuable consideration, you irrevocably give Spitfire Audio and its agents and contractors the right and permission to use, copy, alter, distribute, publish, broadcast the Composition that you have submitted; photographs and images of you that you have provided or that they will create; your voice and likeness; your name; the city, state, or province in which you live; and other information and material included in your Entry Application, on the Spitfire Audio website, elsewhere on the Internet, in advertising and promotional materials, and in any other medium or format for any purpose related to the Competition.
You acknowledge and agree that if you are selected as a winner of the Competition, Spitfire Audio may post the Competition on the Internet and allow the public to comment on the material.
You waive any right to royalties or other payment for the use of your Composition and you also waive the right to inspect or approve any other materials that Spitfire Audio may use with your Composition.
You attest that there is no copyrighted material in your Composition. You release and waive and agree to hold Spitfire Audio, its agents, and its contractors harmless from any claims, damages, or liabilities resulting from their use of the Composition and you agree not to bring any such claims against the released parties at any time in the future. This includes, but is not limited to, claims for violation of publicity rights and privacy rights, claims based on moral rights, claims for intrusion, claims for defamation, claims for fraud, claims for infliction of emotional distress, and claims for copyright or other intellectual property infringement, whether those claims may be based on statutes or the common law.
You represent and warrant to Spitfire Audio that:
- the Composition is your original work;
- you have not granted anyone else any rights to use, distribute, publish, broadcast, or display the Composition;
- the Composition has been composed without the help of AI tools;
- the Composition has not been previously performed, published, or selected as a winning entry in any other composition competition;
- you have the full right and authority to bind yourself to this Release and Waiver;
- You have all rights necessary to grant the rights, waivers, and releases granted in this Release and Waiver;
- you have read this Release and Waiver and you fully understand it; and
- all statements and information included in your Entry Application and any other statements and information that you provided to or will provide to Spitfire Audio are true and complete.