The promoter and organiser of the BeMOBO Awards is the MOBO Organisation Limited (“MOBO”).

Entrants can be individuals or organisations of any age, gender, race or walk of life, but individual entrants under the age of 18 must obtain permission from their parent or guardian and produce such permission to MOBO if required. Their parent or guardian must also agree to these terms and conditions.

BeMOBO 2010 Entrants do not need to live in the North West to submit an application, however the efforts of the individual or organisation must primarily impact the North West of England. The North West of England is determined in the areas of: Cumbria, Lancashire, Greater Manchester, Merseyside and Cheshire.

Details of the BeMOBO Award and how to enter and submit a video are set out on the MOBO website and are incorporated into these terms and conditions.

Entrants will be assessed in accordance to a set of criteria (“Criteria”) established by MOBO and published on the MOBO website and are incorporated into these terms and conditions.

Uploaded on online footage submitted by entrants should be of sufficient quality to publish on the MOBO website. Footage should not require censorship for viewing by the general public. MOBO reserves the right to edit any video.

Videos are made at the entrant’s own expense and MOBO shall not be liable to reimburse any costs incurred in making a submission. On submission, videos become the property of MOBO and will not be returned to entrants.

All entries must be received by 23:59 on Saturday 7th August 2010. MOBO will not be deemed responsible for the non receipt of any entry. Any submissions received after this date may not be considered for the 2010 BeMOBO Award.

MOBO will convene a judging panel (“the Judges”) made up of judges from MOBO, Radio City, Echo News and other suitable judges as decided upon by MOBO, who will select the three submissions that, in their view and in accordance to the set Criteria, are the most deserving of the 2010 BeMOBO Award.

Entrants will be shortlisted to a selection of three Nominees (“Nominees”) by the Judges. The three nominees will then face the public vote in order to be the overall winner of the 2010 BeMOBO Award. Being a shortlisted nominee does not guarantee that you or your organisation will be the winner of the 2010 BeMOBO Award.

The three Nominees will be notified by telephone prior to Wednesday 25th August 2010.

Representatives of each of the three Nominees should respond by 6pm on Friday 27th August 2010 by email or phone call to confirm the acceptance of their nomination and details.

If a representative of a nominated party does not respond to MOBO by 6pm on Friday 27th August 2010 they will forfeit their right to being a Nominee and MOBO may at its discretion select a replacement Nominee.

Only the three shortlisted Nominees will be contacted by MOBO. Their names will be published on the MOBO website prior to the Awards ceremony, subsequent to the acceptance of their nomination.

MOBO reserves the right to use the entrant’s footage and other submitted materials to market the BeMOBO Award or showcase the work of MOBO or its 2010 partners.

MOBO reserves the right to refuse any entry for any reason at its absolute discretion.

The decisions of the Judges are final. Neither correspondence nor discussion concerning any decision shall be entered into.

MOBO reserves the right to disqualify any entry if it has reasonable grounds to believe that these terms and conditions have been breached.

MOBO shall be under no obligation to include your entry in the run up to, or any promotional activity surrounding, the BeMOBO Award.

The entrant must only submit his/her own original footage or artwork and, in agreeing to these terms and conditions, the entrant (and his/her parent or guardian, if under the age of 18) confirms that the images and/or videos do not infringe the copyright or any other rights of any third party. The entrant (and his/her parent or guardian, if under the age of 18) must also ensure that if any person appears in a submission (photo or video), that the entrant has the permission of that person for the photo or video to be published.

Entry to the Competition is at the Entrant’s own risk.

No purchase is necessary to enter the Competition.

The BeMOBO Award is non-transferable and there is no cash alternative. MOBO reserves the right to substitute a prize of equal or greater value at any time.

The BeMOBO winner will win the BeMOBO Award trophy. A representative of the winning entrant will be asked to collect their BeMOBO Award trophy on stage during the show. Each of the three shortlisted Nominees will be awarded two tickets to the MOBO Awards show on 20th October 2010. MOBO will endeavor to provide further tickets to the show to accommodate further members of the Nominees either as a guest of MOBO or by guaranteed purchase of tickets but cannot guarantee more than a pair of tickets per Nominee.

MOBO reserves the right to seek and issue publicity on behalf of the Entrant. By entering the Competition, the Entrant agrees to participate in publicity as reasonably requested by MOBO.

MOBO accepts no responsibility for any misuse of intellectual property rights.

Each entrant irrevocably and unconditionally grants to MOBO (and those authorised by them) all necessary rights and consents for the full period of copyright to use any part of the submission for any purpose connected with the BeMOBO Award including, without limitation, the ability for MOBO to digitize, encode, publish and transmit photos or videos on websites owned or controlled by it or by any third party technical provider in respect of the BeMOBO Award and otherwise in any way in any media (including promotional material, associated services, and any other ancillary use) and in any part of the world through any medium now known or hereinafter invented.

Such right to use is royalty-free and no payment is, or shall be, due to the entrant or any parties on your behalf. For the avoidance of doubt the rights granted under this paragraph shall include the right to use the images and videos of the Winner, Runner up, Nominees and all other entrants, on websites controlled by MOBO (and those authorised by them) or by any third party technical provider for promotional purposes after the BeMOBO Award has been awarded.

Each entrant grants to MOBO the non-exclusive right to syndicate to third party websites or services.

Each entrant permits MOBO or its third party agents to edit or change submitted photos and videos in any way that it deems necessary for the purpose of the BeMOBO Award.

Each entrant, irrevocably and unconditionally waives any so-called “moral rights” or “performers’ rights” in the photos and videos (as set out in the Copyright, Designs and Patents Act 1988 or otherwise) that you now have or may acquire in relation to the Materials.

Any material created by or on behalf of MOBO utilising your images or videos, or any component thereof, is and shall remain the property of MOBO, but for clarity you retain ownership of your images and videos.

VIDEO CONTENT

The entrant is entirely responsible for the content submitted via video. The entrant agrees and confirms that he/she will abide by the following in relation to any content submitted:

• Before the entrant features anyone else in their videos, they must have obtained their consent to film them and to submit the video to MOBO.

• Everything the entrant submits must be the entrant’s own original work and not copied from anyone else. By submitting a video, the entrant agrees and confirms that it does not infringe the copyright or any other rights of any third party. If the entrant includes anyone else’s material in the submitted video, the entrant must have obtained their permission to do so. This includes material downloaded or copied from a website.

• The entrant must not include anything that is pornographic, obscene, indecent, harassing, threatening or offensive.

• The entrant must not photograph anything confidential, covertly film anyone or infringe anyone’s right to privacy.

• The entrant should not include personal contact details of either the entrant or anyone else appearing in the video. This includes identifying where someone resides. The contact details of registered organisations are permitted on videos as long as the identified organisation agrees to it beforehand.

• The entrant’s video must not feature predominantly or solely a trademark or logo other than your own logo.

• The entrant’s video should not feature celebrities or public figures unless you have their permission.

• The entrant must have obtained all consents and licences necessary for submission of the video and for use by MOBO as part of the BeMOBO Award.

• If any under 16’s are shown in the video, the written consent of their parent or guardian must be obtained.

• Videos must not contain viruses, trojans or other harmful elements.

Participation in the video is at your own risk.

The entrant may be held legally accountable for the submission if found to be in breach of the items listed above.

TO MAKE A COMPLAINT

If you believe that any video or image has infringed or violated your rights, including by defaming you or infringing your copyright, please provide MOBO with the following information immediately:
• Your name, email address, physical address and contact telephone number.
• Details of your complaint, with a description and title of the material in question.
• In the case of a copyright dispute, identification of the copyrighted work that you claim has been infringed and a statement by you that you have a good-faith belief that the use of the work is not authorised by the copyright owner, its agent, or the law.
• A statement by you that the above information is accurate. In the case of a copyright allegation, confirm that you are the owner, or an authorised representative of the owner, of the copyright interest involved; and
• Your signature (written or electronic).

Complaint Contact Details:

To make a complaint, please write to MOBO Organisation Ltd, Copyright House, 29-33 Berners Street, W1T 3AB.
MOBO shall use its best endeavours to promptly remove photos and videos reported to it and which in its judgement are in breach of these rules but cannot guarantee to do so.
 

LIMITATION OF LIABILITY

The entrant agrees that under no circumstances will MOBO or its third party contractors be responsible or liable to you or any other person or entity for any direct, indirect, incidental, consequential or other damages (including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses) arising out of or relating in any way to the competition (including for the avoidance of doubt, the making of photos, videos and images), the use or the inability to use the service, unauthorised access to or alteration of your transmissions or data, the materials available on or through the site, even if any of these parties have been advised of the possibility of any damages. Nothing in these terms of use effects the statutory rights of any competition entrant under applicable laws or excludes or limits the liability of MOBO or its third party contractors for death or personal injury arising from their negligence or fraud, or for any other liability which cannot be excluded or limited under applicable English law.

GENERAL

Acceptance of these Terms and Conditions and the Rules is a condition of entry and receipt of an entry by MOBO amounts to acceptance of the Terms and Conditions.
If you do not want to grant MOBO the rights set out above, please do not submit an image or video.

If any provision of these terms and conditions is held invalid by any law, rule, order or regulation of any government, or by the final determination of any court of a competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions not held to be invalid.

Our terms and conditions shall be governed by and construed in accordance with English Law. Both the entrant and MOBO hereby submit to the exclusive jurisdiction of the English courts.

MOBO reserves the right to review and revise these rules from time to time without giving prior notice. By entering the BeMOBO Award subsequent to any revision of these rules, the entrant agrees to be bound by such changes.
References to MOBO in these rules are to MOBO Organisation Ltd, Copyright House, 29-33 Berners Street, W1T 3AB.