NO PURCHASE IS NECESSARY TO ENTER OR WIN THE HOBNOX EVOLUTION 2 CONTEST ("CONTEST"). THE CONTEST IS OPEN ONLY TO THOSE INDIVIDUALS, WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR OLDER, AND WHO MEET ALL OF THE ELIGIBILITY REQUIREMENTS DETAILED IN THESE OFFICAL RULES. ALL ISSUES AND QUESTIONS CONCERNINGTHESE CONTEST RULES OR THIS CONTEST OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANT IN CONNECTION WITH THE CONTEST, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE FEDERAL REPUBLIC OF GERMANY. THE CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Creatives from the world of Music, Film and Culture ("Participants") are invited to participate in the Hobnox Evolution2 Contest ("Contest") in the categories Music, Film and Culture. The Contest will take place on www.hobnox.com and starts June 2, 2008 and ends with an Award Ceremony on December 15, 2008. There is no charge or purchase necessary to enter the Contest.
The Hobnox Evolution 2 Contest is a contest of the Hobnox AG ("Hobnox"), which has its principal place of business at Infanteriestr. 19 – Gebäude 02 D-80797 Munich, Germany. By entering the Hobnox Evolution 2 Contest the Participant agrees to be bound by these Official Contest Rules.
1. SEARCH DESCRIPTION/CATEGORIES
The Contest is a search to find undiscovered talent in the music, film and culture fields who wish to submit audio/visual submissions ("Projects”) featuring the Participant's creative expression in one of the three Categories: Music, Film and Culture
MUSIC:
All creatives including bands, solo musicians, songwriters or producers, who are eligible under the Rules of this Contest are invited to participate. Participants are required to only utilize their own original materials (sound recordings & compositions) in the submission of their Projects and shall not utilize any materials that are not original to them (e.g. remixes, mash-ups, interpretations and cover-versions are strictly forbidden without the express written consent of the rights owner). Failure to abide by this requirement shall be cause for immediate disqualification and shall result in the immediate removal of the Project from the Hobnox Evolution 2 Contest.
FILM:
All eligible film and cinematic creatives including directors, animation designers, comedians, storytellers or actors are invited to participate. Participants' Projects must have originally shot, fully cleared, non-infringing content in English or German (or subtitled in either language). The use or utilization of any third party material, including but not limited to the use of other's copyrights, trademarks or likeness, is strictly forbidden without the express written consent of the rights owner. Failure to abide by this requirement shall be cause for immediate disqualification and shall result in the immediate removal of the Project from the Hobnox Evolution 2 Contest.
CULTURE:
All eligible artists and creatives whose Projects fit into the genre of Culture are invited to participate and submit. Participant's Projects must have original content in German or English (or subtitles in either language). Again, Participants are required to only utilize their own original materials in the submission of their Projects and shall not utilize any materials that are not original to them. Failure to abide by this requirement shall be cause for immediate disqualification and shall result in the immediate removal of the Project from the Hobnox Evolution 2 Contest.
2. ACCEPTED DATA FORMATS
All common video-, image or audio digital file types are welcome. We cannot accept any submissions by conventional mail. If you need help to digitize your content, feel free to send us an email at support@hobnox.com.
3. ELIGIBILITY
The Contest is open to all individuals who are eligible under the Rules of this Contest. You must be at least eighteen (18) years of age on the date of the submission. If you are less than eighteen (18) years old you need the written approval of your legal guardian to participate in the Contest.
Officers, Directors, representatives, employees, trustees, governors, subsidiaries and affiliates of Hobnox as well as the employees or affiliates of any entity that provides marketing, communication or public relations services for Hobnox are not eligible to participate respectively do not compete.
A Contest Project consists of a Project that has been created on the Hobnox portal or, in case that the Project already exists, that has been entered into the Contest via the Hobnox platform. The Participant can administer his or her Projects by working though the projectStage of his/her Project profile. Thus, the Contest Project always is identical to the currently visible content on the projectStage of the Project.
To submit a Project for the Contest, Participants must register online at www.hobnox.com and create a Project profile providing the following contact information: name, address and email. The contact information will be used to contact the Contest winners.
Participants may participate in one, two or all three Categories (music, film, culture). If Participants decide to participate in more than one Category they must submit different Projects for each Category. You can also participate in one Category with several different Projects. Participation in all Categories with the same Project is not allowed. Any Project that violates this rule will be disqualified and the violating Project shall be removed from the Contest in its entirety.
While Hobnox promotes artistic freedom and expression, Hobnox reserves the right to disqualify and unregister any Participant from the Contest at any time and/or remove any Project that may reasonably be construed as:
- obscene, pornographic, offensive, abusive, overtly violent, racially hateful, defamatory, discriminatory or libelous;
- the dissemination of information which could harm or impair the development or upbringing of children of tender years, including young adults, or which violates human dignity or other interests of common morality;
- in breach of any obligation of confidence or privacy or any trade secret;
- infringing the proprietary rights, intellectual property rights and/or image rights of any third party or for which all necessary licenses and/or approvals have not been obtained by the date of the submission of the Project;
- in violation of any other law in any jurisdiction;
- inciting others to commit criminal acts or produce or disseminate instructions for criminal acts;
- having been fraudulently submitted;
- in violation of these Contest Rules;
- being otherwise inappropriate;
Hobnox further reserves the right, in its sole discretion, to review any Project to ensure that all of the necessary rights (including but not limited to intellectual property and image rights) have been obtained. In the event that Hobnox decides to investigate a registration or Project as mentioned above, the relevant Registered User or Participant agrees to provides all relevant information to Hobnox and make its best efforts to cooperate with Hobnox.
In case of indications of voting-manipulation by a registered user – in particular by creating several accounts with different e-mail-addresses e.g. by using so-called fake-email-services as www.mailinator.com, www.sofort-mail.de, www.spam.la , www.dumpmail.de, www.trash-mail.de, www.throwaway.de , www.discardmail.com – Hobnox reserves the right to request a statement from the user. In case of omittance of statement or in case that the statement does not clear out the suspicion of manipulation, Hobnox reserves the right to exclude the user from participation in the votings. If the user also is participant in the contest, Hobnox can also exclude the contest project from the contest.
4. CONTEST TIMELINE
The Contest shall consist of the following phases and following timelines:
Warm-Up: June - 31.08.2008
Qualifying Weeks: 01.09. - 23.11.2008
Jury Picks: 24.11. - 30.11.2008
Finals: 01.12. - 15.12.2008
Award Ceremony: 15.12.2008
Warm-Up (June - 03.08.2008)
The Warm-Up shall begin in June 2008 and shall end on August 31, 2008 at 11.59 p.m. Central European Time (CET). During the Warm-Up all Participants may submit one or more Projects in each Category.
Qualifying Weeks (01.09. - 23.11.2008)
The Qualifying Weeks begin on September 01, 2008 and end on November 23, 2008 at 11.59 p.m CET. All eligible Projects submitted during the Warm-Up and that are not in violation of any of the terms contained in these Contest Rules shall be eligible to participate and be considered in the Qualifying Weeks. Participants may continue to submit Projects until November 16, 2008 at 11:59 p.m.
Each Qualifying Week begins on Monday at 00.00 a.m. CET and ends on Sunday at 11.59 p.m. CET. All Projects that are registered in the Contest during the respective Qualifying Week will participate in this week´s qualifying (you can enter your project on a Thursday and still can participate in this current qualifying!).
During the Qualifying Weeks, Projects will be voted on by the community of all registered users (including Participants). Participants shall not vote for his/her own Project. Members of the general public audience that wish to vote during the Qualifying Weeks must register at www.hobnox.com. Anyone over the age of eighteen (18) is eligible to become a registered user. There is no requirement that a registered user submits a Project to be eligible to vote during the Qualifying Weeks.
The Project that is awarded "Winner of the Week" is the Project that receives the most votes at the end of each respective Qualifying Week (Monday to Sunday). All registered users can vote for all projects each day, but only once per day. Hobnox shall notify each Winner of the Week via email and shall showcase the winning Project in a dedicated area on the Hobnox Website. Each Project voted Winner of the Week shall automatically move forward to participate in the Finals and shall not be eligible for any additional voting during the Qualification Weeks or the Jury Picks.
Participants may continue to submit Projects until November 16, 2008.
The one hundred (100) Projects in each Category that receive the most votes over the entire twelve (12) Qualifying Weeks shall qualify for competition during the Jury Picks. All other Projects shall no longer be eligible to move forward in the Contest, but shall remain on the Hobnox Platform. The overall rank of a Project will be showcased during the Qualifying Weeks.
Jury Picks (24.11. - 30.11.2008)
The Jury Picks begin on November 24, 2008 and end on November 30, 2008 at 11.59 p.m CET. The one hundred (100) highest rated Projects from the Qualifying Weeks in each category shall take part in the Jury Picks.
The Jury consists of experts from the music, film and culture business.
The Jury will elect by a majority of the votes twelve (12) Projects from each Category to move on to the Finals. The Jury will evaluate the Projects in each Category based on the following criteria:
- quality of the project
- originality of the project
- uniqueness of the project
- message of the project
The judging criteria shall remain in effect for the entire Contest and shall not change whatsoever. The Jury will elect the top twelve (12) Projects from each Category to move on to the Finals.
Finals (01.12. - 14.12.2008)
The Finals begin on December 1, 2008 CET at 00.00 a.m. and close on December 14, 2008 11.59 p.m. (CET). Each Category shall have twenty-four (24) Projects for consideration during the Finals consisting of the twelve (12) Winners of the Week and the twelve (12) Projects selected by the Jury during the Jury Picks.
All registered users will be able to vote during the Finals. During the Finals each registered user can vote a certain project once per day. A Participant cannot vote for his/her own Project.
The Winner in each Category in the Finals is the Project that receives the highest number of votes at the end of the Finals. The Winners of each Category will be announced on December 15, 2008.
Prize
The Contest has three (3) grand prizes, one for each Category, which shall consist of an Artist Development Support Package ("Package”), each worth USD 30.000. The Artist Development Support Package is about supporting independent creative culture. It is customized to benefit the creative career of each winner in the best possible way. The composition of the Artist Development Support Package will be subject of a separate agreement between Hobnox and the winner.
For example, the Package in the Music Category may consist of the funding of an album production in a professional recording studio including a professional team of producers, a music video production or the development of a promotion and marketing campaign for an existing album.
For example, the Package in the Film Category may consist of the funding of a production of an audio visual project or the provision of professional post production services.
For example, the Package in the Culture Category may consist of a sponsorship for a performance tour, or the organization of a high quality exhibition to showcase your work, or applicable professional equipment.
There will be no cash distribution of the Package or option to get the equivalent. The final decision about the concrete composition of the Artist Development Package is up to Hobnox.
All prizes shall be awarded. Prize winners must accept their awards. Failure to accept the award will result in the forfeiture of the award to the next runner up.
Prizes will be calculated in USD (US-Dollar) and the Winner(s) shall be subject the obligation to withhold taxes and make any payments to their appropriate regulatory authority or as required under the laws of their residence. Hobnox will not withhold any taxes or make any applicable payments.
The total approximate retail value of the combined prizes is USD 90.000.
5. LICENSE
By participating you agree to grant to Hobnox the following non-exclusive, worldwide rights:
- During the term of the Contest until December 15, 2008 Hobnox is allowed to show and/or make your Projects (i.e. its audio-, image- and video files) available on the Hobnox websites and on the websites of content partners by means of streaming, without download, using analog or digital storage and transmission technology and/or to make the Projects available upon calling-up (on-demand), without download, via the Internet and mobile devices (mobile Internet). Included is the right to make the Projects available on websites of third parties by means of streaming, without download, by using Embed-Codes of Hobnox. Hobnox does not assume any liability as to the content on the websites of third parties.
- Hobnox is allowed to show and/or make the Winners´ Projects (i.e. its audio-, image- and video files) available on the Hobnox websites and on the websites of content partners for two (2) years from the date of the Award Ceremony on December 15, 2008, by means of streaming, without download, using analog or digital storage and transmission technology and/or to make the Winners´ Projects available upon calling-up (on-demand), without download, via Internet and mobile devices (mobile Internet). Included is the right to Hobnox to make the Projects available on websites of third parties by means of streaming, without download, by using Embed-Codes of Hobnox. Hobnox does not assume any liability as to the content on the websites of third parties.
Participant hereby grants Hobnox the unrestricted, worldwide, non-exclusive, royalty-free licence to utilize the Participant´s name, his/her likeness, biographical materials, logos, marks and other distinctive identification in connection with the promotion and marketing of the Contest and/or the Project.
You agree that as compensation for the rights granted you will get no further compensation beyond the possibility to get an award as mentioned above. You therefore explicitly agree that the chance to achieve an award as well as the increase of your popularity by the Contest constitute a fair and reasonable compensation for the rights granted.
No recourse to legal action is permitted.
6. CLEARANCES
Each Participant is solely responsible for obtaining any and all required rights releases, consents, clearances, licenses, and other authorizations necessary to exploit and otherwise use any materials contained in the submitted Project. The required clearances shall include, but not be limited to, location releases, individual releases (name, likeness), parental releases (if any individual captured in the Project is under the age of eighteen (18) years of age), materials releases as well as any other applicable licenses, including but not limited to, synchronization licenses and master use licenses (if applicable) which may be necessary to properly exploit the rights of others.
7. WARRANTY
By submitting one or more Projects to the Contest, Participant hereby warrants to Hobnox that:
- Participant is the sole author of the Project and that the Project is wholly original to the Participant;
- Participant has complete and good title to all intellectual property embodied in the Project as well as the full authority to exploit those rights in any and all media now known or hereinafter devised;
- Participant´s Projects, including all elements embodied therein, and the utilization of the Project under the contemplated uses by Hobnox hereunder shall not infringe upon the rights, including but not limited to, intellectual property rights, rights of privacy and confidentiality of any third party;
- In the event a person or person´s image appears in the Participant's Project, Participant shall have obtained an express permission or release from this person(s) contained in the Project that conveys to Hobnox the right to use said image(s) within the scope of the license granted hereunder.
By submitting a Project, the Participant warrants and represents that all of the materials contained in the Project, including all elements contained therein, do not infringe on any copyright owned by any other person or entity throughout the universe. Participant also warrants that any statements made in the submitted Projects are true and do not violate or infringe on the rights of any third parties.
Hobnox reserves the right, but not the obligation, to require verification from the Participant that all necessary clearances have been obtained prior to selection or election of any winners or the distribution of any prizes hereunder. Hobnox shall disqualify any Project at any time if the Participant has not obtained all of the necessary clearances.
Hobnox shall not be liable for any failure to perform its obligations under these Rules where such failure is caused by any supervening circumstances which amounts to a force majeure. Such circumstances shall include, but shall not be limited to, severe weather conditions, fire, flood, war, earthquake, riots, industrial disputes including strikes, terrorism, acts of God, technical problems, or events that render performance hereunder impossible or incapable. Hobnox shall not be liable for any direct or indirect losses, damages or injuries of any nature whatsoever, without regard to how it is caused or sustained by anyone under this Contest.
Participant shall release and hold harmless Hobnox from any and all claims against the Participant in connection with the Project.
8. INDEMNIFICATION
Hobnox makes no warranties, express or implied, in fact or in law, relative to the use or enjoyment of any benefit or amenity in connection with the Contest, including, without limitation, its quality, merchantability or fitness for a particular product or purpose.
Participant agrees to indemnify and hold harmless Hobnox against any and all claims, including costs associated therewith, arising out of the Participant's Project and exploitation thereof in the Contest. Participant hereby irrevocably releases Hobnox from any and all liability, claims and/or causes of action related to the Participant's Project and exploitation thereof in the Contest.
Participant hereby irrevocably releases Hobnox from any and all liability, claims and/or causes of action related to the use of the Project according to No° 5 of these Rules.
9. PRIVACY
Hobnox is committed to protecting the privacy of its community. Any personal data supplied by Participants shall be used by Hobnox solely for the purpose of performance and promotion of the Contest, subject to the grants of rights contained in the license hereunder. All submitted personal data provided during the Contest registration process shall be held in a secure environment. Participants shall have the right to access, correct, update, or delete their personal data. For contact information please click here. For further details on Hobnox' Privacy Policy, please click here.
10. MISCELLAENOUS
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Contest Rules, or the rights and obligations of Participant in connection with the Contest, shall be governed by, and construed in accordance with the laws of the Federal Republic of Germany without regard to conflict of laws that would cause the laws of any other jurisdiction to apply. Void where prohibited or otherwise restricted.
Hobnox shall not be responsible or liable for any technical problems in connection with the submission of Projects. Hobnox shall not be responsible for any failure to upload Projects to the Hobnox platform nor shall it be responsible for late, lost or misdirected Projects or for incomplete Projects.
Hobnox reserves the right to disqualify and remove any Project that is in violation of any of these Contest Rules.
No recourse to legal action is permitted.