The MTN “Y’ello Star Music Reality Show!” (the “Music Reality Show”) is a musical talent show that seeks to identify, develop and groom budding music talents across Nigeria into world-class stars. These Terms and Conditions (T&Cs) set out the contractual framework for participation at the different levels of the Music Reality Show from the online audition to the grand finale. Once accepted, it becomes a binding agreement with MTN. These T&Cs shall be read in conjunction with all official information about the Music Reality Show on the MTN Y’ello Star web page. In the event of any inconsistency, the provisions of these Terms and Conditions shall supersede and such conflicting information.
In this T&Cs, where the context so admits:
“Academy” shall mean an in-house arrangement located in Lagos State, Nigeria provided by MTN to give coaching and general training to Contestants during the Music Reality Show Period.
“Academy Rules” shall mean the daily living rules and practices every Contestant is expected to comply with during their stay in the Academy;
“Applicant” shall refer to every eligible individual who indicates interest and participates up to the audition stage of the Musical Reality Show;
“Contestant” shall refer to every Applicant who succeeds at the auditions stage and participates in the Musical Reality Show to the grand finale stage;
“Applicant” and “Contestant” shall collectively be referred to as “Participant”;
“MTN” shall refer to MTN Nigeria Communications Plc;
“Parties” shall jointly refer to MTN Nigeria Communications Plc and the Participant; and
“Party” shall refer to MTN Nigeria Communications Plc and the Participant individually.
“You/Your” may also be used to refer to a Participant.
- Except as otherwise provided, the obligations of Parties under this T&Cs shall be for the duration of the Music Reality Show, which shall commence on 16th February 2020 and terminates on 15th December, 2020 (“Music Reality Show Period”).
- Eligibility Criteria:
a. All valid entries must be received through the designated online platform.
b. Participant must be within the age of 18 and 35 years during the Music Reality Show Period.
c. Every content uploaded must be of the specified requirement and submitted within the stipulated deadline.
d. All Applicants must indicate consent to and/or sign this T&Cs; the MTN Release Agreement and any additional document to be provide at the different levels of participation in the Music Reality Show.
e. Participant shall submit himself or herself to a general confidential health screening as part of the requirements for admission into the Academy. The health screening shall be performed at no cost to the Participant and with utmost secrecy and confidence.
f. Unacceptable Submissions: Entry submissions shall not contain, promote, or can be linked to adult content, pornographic material, graphic or gratuitous violence, or performance of a nature that MTN in its sole discretion considers to be defamatory, inaccurate, abusive, obscene, violent, profane, threatening, harassing, racially offensive, culturally and/or politically intolerant, that infringes or violates a third party’s rights and/or relates to or promotes any activity of a criminal nature, directly affiliated or a representation of a political party or persona, conspicuous advertisement of a product and service, prejudicial or discriminatory in nature, or Performance that may bring MTN’s name and/or brand and/or products or services into disrepute.
g. Entry submissions shall not include cutouts from third party videos, or third party sound tracks. Participant shall ensure that their entry submission is free from any viruses or programming that would cause harm to the Music Reality Show portal/channel, MTN’s website or the MTN network in any manner.
- General Conditions For Participation
a. Participant acknowledge that the Music Reality Show is a talent competition and therefore must comply with all the rules, regulations and codes of conducts either expressly communicated or impliedly expected from similar reality/talent shows.
b. MTN has the discretion to determine the modality of the Music Reality Show and the qualification criteria for all the Participants at the various stage of the contest. Any decision made in the exercise of this power shall become binding, final and not subject to any form of adjudication whatsoever.
c. Every Participant shall exhibit the highest form of conduct and behavior both to the judges, officials and other Participants during the Music Reality Show including but not limited to duration of their stay in the Academy. MTN reserves the absolute right to disqualify any Participant who violates any Academy Rules and in deserving circumstances hand over any Participant over to the appropriate investigating authority for further investigation.
d. MTN reserves the right to disqualify entries or participation in the Music Reality Show where by a reasonable confirmation, a Participant is found to have attempted to undermine the legitimate operation of the Music Reality Show by cheating, deception, or other unfair practices, or Participants, disrespects, threatens and harasses any other contestant, officials, or the judges.
e. MTN reserves the right to disqualify any Participant or entry that does not meet any of the Eligibility Criteria specified under section 2 of this Terms and Conditions. Except for the rewards for participation in the Music Reality Show, participating in the contest is without any reward, and there shall be no compensation for any fees or expenses incurred by Participants for reasons of participating in the Musical Reality Show.
f. Except for health conditions, fully disclosed by the Contestant prior to admission into the Academy, MTN shall not be responsible for any cost, expenses or liability arising from any Contestant health crisis, which occurs in the course of the Music Reality Show. MTN’s obligation in such case, shall be limited to a reasonable level of care required to resuscitate such Participant on a first aid stage prior to any referral or admission in a medical institution.
g. MTN does not guarantee that the Music Reality Show Period shall run for its expected course and therefore will not be liable to any Participant for any liability or cost suffered or incurred in the event of any such abrupt suspension or cancellation of the Music Reality Show.
h. Any false information provided within the context of the Music Reality Show by a Participant with respect to identity, telephone number, email address, ownership of right or non-compliance with these T&Cs or the like may result in the elimination or disqualification of the Participant from the Music Reality Show.
i. Neither MTN nor any of its agents or assigns shall be held responsible or be liable for any glitch in the Musical Reality Show portal, platform or channel suffered by a Participant. However, MTN shall take immediate steps to remedy such glitch upon becoming aware of its occurrence.
- Intellectual Property Rights
4.1 Each Participant hereby represents that it has ownership of the intellectual property rights in and to the, image, voice, recording, appearance, performance and production submitted and displayed during the Music Reality Show. The Participant hereby warrant that: (i) he/she is the copyright owner of the material submitted and all ancillary performance; (ii) the material submitted is his/her own original, previously unpublished, and previously unproduced work; (iii) the material is wholly original to him/her and as of the date of submission, is not the subject of any actual or threatened litigation or claim or any form of encumbrance or charge; (iv) the material and performance of same neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; (v) the material and performance of same does not and will not violate any applicable laws, (vi) that Participant by executing the MTN Release Agreement, has wholly assigned all the rights (including your moral rights) royalty free, exclusively, worldwide and perpetually to the MTN.
4.2 MTN reserves the right to use, reproduce, distribute, prepare derivative works of, display, adapt, reformat, translate, and otherwise exploit and perform all or any portion of the material for any purpose whatsoever, throughout the universe in perpetuity, including, without limitation, in connection with (i) the Music Reality Show, including, without limitation, and in connection with the advertising (including at physical locations), sale, promotion, publicity, marketing, merchandising, distribution, publicizing and any and all other types of exploitation of the Music Reality Show or any part thereof (including without limitation in connection with program advertisers and/or sponsors and any of their respective products, integrations and/or services) and all ancillary and subsidiary rights, and redistributing part or all of the Program (and derivative works thereof). MTN shall also have the unrestricted right to edit the content and text in any manner or form; and in any and all media formats and through any and all media distribution and advertising and promotional purposes, without accounting, notification, credit or other obligation to the Participant.
4.3 The Music Reality Show, MTN’s Website, all related trademarks, logos, taglines, trade names, copyrights and all intellectual property and features within the Music Reality Show are protected by intellectual property rights belonging to MTN or to our licensors. No licence is granted to the Participant in respect of any such rights, except to the extent required for the Participant’s personal use of the Music Reality Show portal/channel in accordance with the T&Cs herein contained.
5.1 Participant hereby acknowledge that any personal data provided during the sign up process, including name, location, mailing address, phone number, email address and social media handle may be processed, stored, shared and otherwise used for the purposes and within the context of the Music Reality Show Platform.
5.3 Participants completely excludes MTN from any claims and liability whatsoever and howsoever arising in connection with malfunction of the entire Music Reality Show portal/channel or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed entry materials due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet during the Contest, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit your ability to participate.
6 Non-Disclosure and Confidentiality
6.1 Every information, content, event, performance or incident (“Confidential Information”) shall be treated with outmost secrecy and confidentiality by the Participant. Except where authorized by MTN in writing, no Participant shall disclose such Confidential Information) to any third party whatsoever.
6.2 Where Confidential Information is released to any Participant in accordance with the requirement under clause 6.1 above, such Participant shall take all reasonable precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of data and Confidential Information; except to a third party who is bound by a similar confidential obligation and only as the need for such disclosure arises.
6.3 The provision of this clause 6 shall continue to apply even after the cancellation or completion of the Musical Reality Show. The Participant shall erase or cause to be erased all Confidential Information and data provided by. The Participant shall provide a written confirmation of the aforementioned deletion to MTN.
6.4 Additionally, if so required by law or valid legal or regulatory process, the Participant may disclose such Confidential Information , but only following notice by the Participant to MTN of the requirement to disclose and reasonable cooperation with any attempt by MTN to maintain the confidentiality of such Confidential Information.
7.1 Each Participant shall fully indemnify and hold MTN, its agents and assigns harmless for and against any claim, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any Performance or other material uploaded or otherwise submitted by the Participant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by a Participant in connection with the Music Reality Show; (c) any non-compliance by a Participant with these T&Cs; (d) claims brought by third parties arising from or related to Participant’s involvement with the Music Reality Show; (e) misuse or participation in any Music Reality Show-related activity or participation in this Music Reality Show; (f) any malfunction or other problem with the Music Reality Show portal/channel arising from
7.2 You shall indemnify MTN and its officers, directors, employees, servants, agents or contractors or other persons against any loss, damage, liability, claim or demand by third parties in relation to Your breach of these Terms and Conditions. Participant’s misuse of the Music Reality Show portal/channel.
- Elimination: Any false information provided within the context of the Music Reality Show by You concerning Your identity, telephone number, email address, ownership of right or non-compliance with these Terms or the like may result in Your immediate elimination from the Music Reality Show.
- Music Reality Show portal/channel: MTN and its affiliates are not responsible for any malfunction of the entire Music Reality Show portal/channel or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed Performance or entry materials due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet during the Contest, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit Your ability to participate.
- Governing Law: These Terms shall be governed by, subject to, and construed in accordance with the laws of the Federal Republic of Nigeria.
- Dispute Resolution
11.1 In the event of a dispute or conflict between the Parties in connection with or in relation to the Music Reality Show, these T & C’s or its performance, such dispute shall first be amicably settled as soon as possible at the senior management level of MTN by representatives of both Parties. All such representatives of the Parties shall be referred to as ‘Settlement Nominees’ and the period agreed on for such discussion shall be referred to as “Period of Discussion”.
11.2 If the dispute is not resolved by formal negotiation as stated in Clause 12.1 within fourteen (14) Business Days of the notice of dispute, the dispute shall be referred to mediation. The mediation shall be conducted by a CEDR UK accredited mediator or any other equivalent accredited mediator to be appointed by the Parties. The Lagos Multi-Door Court House Model Procedure Rules 2007 shall apply. For the avoidance of doubt, in the event that the Parties are unable to agree on the appointment of a mediator within one (1) month, the Parties shall proceed to litigation as stated in clause 12.3.
11.3 In the event the dispute is still not resolved after fourteen (14) Business Days of its being referred to mediation as specified in Clause 12.2, each Party irrevocably agrees that the dispute shall be finally resolved by a Nigerian court of competent jurisdiction which shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these T&Cs or the Music Reality Show, its subject matter or formation.
- Severability: If any of the provisions of these T&Cs are deemed not enforceable by law, all other provisions outlined in these Terms will still apply.
- Every Contestant is obligated to sign a Release and Indemnity Form, prior to the commencement of the Music Reality Show. By signing the Consent, Release and Indemnity Form, winners authorise the use of their name, image and Performance for such publicity purposes as MTN may deem necessary, and their appearance in any publicity initiative to be carried out by MTN. Such publicity initiatives shall be during and after the period of the Music Reality Show.
- Successful Contestant: Successful contestant shall be notified at each stage of the Music Reality Show. If requested by MTN, the Participant must provide any required document or information during and after the audition otherwise the entry of the Participant shall be deemed to be withdrawn.
- Subject to the foregoing, MTN reserves the right to change these Terms at any time without notice. By continuing to participate in the Music Reality Show, the Participant will be deemed to have accepted these T&Cs and any varied terms and conditions which may be posted on MTN’s website or circulated by MTN. MTN reserves the right to cancel the Music Reality Show at anytime for any reason whatsoever in its sole and absolute discretion without any obligation to furnish any reasons and without any obligation to You.
- Disclaimer: Except as expressly provided herein, MTN shall not be liable to any Participant for any liability or expenses, damages or injuries suffered as a result or in connection with the Musical Reality Show.
For more information about “MTN Y’ello Star Music Reality Show” please send an email to:
firstname.lastname@example.org; or email@example.com; or call180/08031000180 or via WhatsApp on: 090330000001.
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