Kylie Minogue – Speakerphone Competition Terms and Conditions

1. You (“the Owner”) are the owner or controller throughout the world in perpetuity of the visual material attached hereto and made a part hereof (otherwise referred to as the "Image" for the purposes hereunder). Kylie Minogue (“the Artist”) wishes to use the Image in connection with audio-visual product and promotions featuring the Artist for inclusion in a variety of releases and programmes produced by the Artist and/or Artist’s record label EMI Records Limited (“EMIR”) (collectively referred to as the “Project(s)” hereunder). Notwithstanding the provisions of this Clause 1, neither Artist nor EMIR is under any obligation to include such Image.

2. Responsibility cannot be accepted for submissions which are lost, damaged, delayed or not received by the server. Proof of transmission will not be accepted as proof of delivery.

3. The copyright in and to the Image (but not the Project(s) including artwork which embodies/may embody the Image nor the sound recording embodied in the visuals, which sound recording is owned by EMIR) vests in Owner, who/which hereby irrevocably assigns to Artist said rights whether vested contingent or future necessary for the Artist and/or EMIR to exploit the Image (in whole or edited form) solely within the Project(s) as provided herein. Artist, EMIR, its respective licensees and its successors in title and assigns shall have the right, but not the obligation, to exploit the Image in perpetuity throughout the universe solely within the Project(s) at Artist’s and/or EMIR’s absolute discretion without further liability or obligation to the Owner or on its behalf.

4. The Owner agrees to enter into any further reasonable documentation required by Artist and/or EMIR in connection with the acquisition and maintenance of all relevant rights hereunder.

5. The rights herein granted to Artist and/or EMIR shall include without limitation the sole and exclusive right to use the Image in connection with:

(a) the inclusion in and exploitation of the Project(s) in any and all formats presently in existence or to be invented in the future and in any and all media (including, without limitation, sale thereof via the internet).

(b) the marketing and promotion of the aforementioned Project(s) including, without limitation, use (both on-line and off-line) in worldwide press, advertising, point of sale posters and/or marketing presently in existence or to be invented in the future.

(c) the sale, letting for hire, distribution for the purposes of trade or the exposure or offer for sale or hire by way of trade of the Project(s) and any sound recording (whether on DVDs, motion picture films, records or otherwise);

(d) the use of the Project(s) and any sound recording (whether on DVDs, motion picture films, records or otherwise) for the purposes of public performance;

(e) broadcasting or transmitting the Project(s) and any sound recording on any and all forms of television (including cable and satellite).

6. The Owner hereby waives (and confirm that any third parties shall so waive) any moral or like rights the Owner (or any third parties) may have and to the extent that it is not possible in any particular country or countries to waive such moral or like rights the Owner hereby confirms and agrees the Owner (and any third parties) will not assert such moral or like rights. Artist and/or EMIR shall where appropriate use all reasonable efforts to identify the Owner as owner or controller of the Image.

7. The Owner hereby warrants undertakes and agrees with Artist and EMIR, and their respective assignees and licensees that:-

(a) it is the owner or controller throughout the world of the Image and that the Image does not infringe upon the rights of any third parties; and

(b) it has obtained all rights and licences necessary for it to grant the rights set out herein and otherwise to comply with this Agreement; and

(c) neither Artist nor EMIR shall be under any obligation to pay or credit any third parties (save for the Owner) in connection with its exploitation of the Image hereunder.

8. The Owner shall indemnify and keep the Artist and EMIR fully indemnified and hold the Company harmless against all losses, damages, claims, costs and expenses (including but not limited to reasonable legal fees) in consequence of any breach of the warranty set out in clause 7 above or arising out of any infringement by the Owner of third party rights.

9. This Agreement shall be governed by the laws of England and Wales and the courts in London shall have exclusive jurisdiction to determine all matters arising hereunder and a variation of the terms thereof may only be deemed accepted by the parties hereto if expressly accepted in a written agreement signed by a duly authorised signatory of the Artist and EMIR.

You acknowledge your acceptance of the above terms by clicking on the “accept button” and when submitting your Image you agree to be bound by the provisions of these rules.