Terms of use policy
By pressing the record button on Penny (the digital recording Kiosk) you shall be deemed to have accepted all of these Terms and Conditions in full. If you do not accept the Terms and Conditions in full, you should not record a thought on Penny (the digital recording Kiosk).
Eligibility of Recordings (Video clips)
It is the duty of the entrant to ensure that they are aged 16 or over on the date of recording or that they have the consent of their legal parent(s) or guardian(s) for their recording to be included in the campaign.
Where ICE (Innovative Creative Excellence) and The Campaign (Penny4athought) are made aware or it is found that an entrant was not over 16 years of age on the date of recording and does not to have relevant consent then their recording will be removed at the earliest possible opportunity.
The Campaign reserves the right to remove any recording if it has reasonable grounds to believe that the entrant has breached any of these Terms and Conditions.
Third Party Rights
ICE reserves the right to reject any recording that infringe the copyright, moral right, performing rights, rights of privacy, trade mark or other proprietary right, (the “Intellectual Property”) of others, are defamatory, insightful of hatred/discrimination.
Content of Entries
ICE reserves the right to reject any recording that it considers to contain unduly prominent or inappropriate sexual behaviour, language, nudity, obscenity, violence, commercial reference or any recording that ICE, in its absolute discretion, considers to be harassing, threatening or in any other way unsuitable for the purpose of this exercise.
Decisions and Disputes
In the event of any dispute regarding the Terms and Conditions, conduct or any other matters relating to the campaign, please contact the campaign.
License
In consideration of the campaign permitting you to submit your recording, you grant to ICE, from the date of submission of your entry in perpetuity, an exclusive, worldwide, royalty-free, sub-licensable right and licence to:
(a) use, host, reproduce, edit, publish, distribute, transmit, display, copy, alter, store, re-format, broadcast and/or otherwise communicate and/or make available to the public, or otherwise make use of the recording or part thereof in any media now known or hereafter devised, including but not limited to cinemas, linear television, television video on demand, multimedia distribution systems, the internet, internet TV, and mobile/handheld devices;
(b) use any trade marks, service marks or trade names (e.g. brand names, logos) incorporated in your recording;
(c) use the name and likeness of any individuals represented in your recording; and
(d) use your name in any publicity pertaining to the Campaign.
For the avoidance of doubt, ICE shall not be obliged to use any or all of the content licensed to it under this Licence.
Warranties
You represent, warrant and agree that:
a) You have full power and authority to agree to these Terms and Conditions.
b) Your recording is your own work and you own the copyright for it.
c) You have the necessary rights, licences, consents, permissions, authority or approvals to grant to ICE the rights set out in the above Licence.
d) Your entry does not infringe the Intellectual Property of any third party.
e) You are entitled to grant to ICE the rights set out in the above licence;
f) No recording (or part thereof) submitted by you will: (i) be defamatory, abusive or offensive; (ii) constitute a misuse of any confidential information of a third party; (iii) advertise, promote or endorse any products or services; (iv) adversely affect the reputation of The Campaign or ICE; (v) be false or misleading or omit information that should be disclosed by you ; (vi) encourage illegal activities;
g) Any necessary consent, waiver, clearance, licence or approval required for ICE to make use of your recording as set out in the above licence has been obtained and that any fees or payments relating thereto have been paid;
h) ICE’s use of your recording according to the Licence shall not infringe the Intellectual Property of any third party.
i) If you become aware that any part of your recording infringes the Intellectual Property of any third party, you shall notify the Campaign in writing and the Campaign shall be entitled to remove the entry, as it deems fit;
j) You have not entered into, nor will you enter into, any agreement or arrangement which could conflict with your obligations to The Campaign under these Terms and Conditions and;
k) You grant ICE the exclusive right to, and sole discretion over whether to, take actions to enforce its Intellectual Property in your recording against threatened or actual infringements.
Limitations Of Liability
(a) ICE and The Campaign shall not be responsible for any technical malfunctions of the recording systems, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof.
(b) ICE and The Campaign accepts no responsibility for: (a) lost or scrambled entries, notifications or communications; or (b) any event which may cause the Campaign to be disrupted or corrupted.
Data Protection
To the extent that any data supplied by you (such as your name, email address, gender and age) while recording are personal (as defined in any relevant data protection legislation), such data will only be used by ICE and The Campaign in accordance with applicable Data Protection legislation for the time being in force in the UK and EU. Your personal data will not be used in any other way without your consent.
Any data relating to entrants will be retained by ICE and the Campaign for a reasonable period after the Campaign closes, to deal with any queries.
Indemnity
You shall indemnify and hold ICE and the Campaign harmless from and against all losses, costs, expenses (including without limitation, reasonably incurred legal costs, fees and expenses) actions, proceedings, claims, demands and damages of any nature whatsoever arising from your participation in the Campaign and the use by the Campaign of the its rights over your recording, as contemplated under the License.
Miscellaneous
ICE and The Campaign reserves the right to amend the Campaign or these Terms and Conditions at any time without notice.
Events may occur that render the commencement, continuation, completion or closing of the Campaign, due to reasons beyond the reasonable control of ICE and the Campaign. Such events would include a catastrophe, civil or military disturbance, actual or anticipated breach or any law or regulation or any other event deemed by ICE and the Campaign to render the continuing of the Campaign impossible. No liability whatsoever shall attach to ICE and/or the Campaign as a result of the cancellation of the Campaign.
Notwithstanding the above, ICE and the Campaign may conclude, in its absolute discretion, to curtail, abandon, alter or withdraw the Campaign at any stage. No liability whatsoever shall attach to ICE and/or the Campaign as a result of the cancellation of the Campaign in such circumstances.
Governing Law
These Terms and Conditions shall be governed by and in accordance with the laws of England and each party submits to the exclusive jurisdiction of the English courts.
Relationship between the Parties
Nothing in these Terms and Conditions will constitute a partnership between either ICE or the Campaign and any entrant nor create any fiduciary relationship, nor constitute any party acting as the agent for another. No entrant shall have the power to obligate or bind either ICE or the Campaign in any manner whatsoever.
Entire Agreement
These Terms and Conditions constitute the whole and only agreement between the parties relating to the subject matter of these Terms and Conditions.
You acknowledge that in accepting these Terms and Conditions, you are not relying upon any pre-contractual statement which is not part of the Terms and Conditions.
Third Party Rights
These Terms and Conditions are made solely between ICE, the Campaign and the entrants and are not intended to be for the benefit of or enforceable by any other person, whether under the contracts (Rights of Third Parties) Act 1999 or otherwise, and no entrant can declare him/herself a trustee of the rights under these Terms and Conditions for the benefit of any such person.
For the purposes of the Copyright Designs Act 1988 and the Performer’s Act 1958-1972, it is understood that the sole right of permitting of broadcasting, recording, filming and photography of any events which form part of the campaign, is vested in the holder of the campaign, and that all entrants and contributors accept this right as a condition of entry of performance.
