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Terms and Conditions

 
Eyes on Malta

FLASH NEWS: DEADLINE EXTENDED TILL DECEMBER 31st 2009.

We are pleased to announce that the deadline for the EYES ON MALTA video competition has been extended by two months. You can now submit your videos until midnight GMT on Thursday 31st December 2009. The results will be announced by the end of January 2010. All other terms and conditions apply.

  

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EYES ON MALTA Video Competition
Terms and Conditions



 

General

These terms and conditions (hereunder referred to as the Competition Terms and Conditions) refer to the www.visitmalta.com video competition (hereunder referred to as the ‘Competition').

The Competition Terms and Conditions together with the Terms and Conditions, the Privacy Policy and Copyright provisions contained in the site www.visitmalta.com  (hereunder referred to as the Site), form the entire agreement between the Participants on the one hand and Malta Tourism Authority (hereunder referred to as the ‘MTA') on the other hand and supersede any other oral or written communications, agreements or representations with respect to the Competition. All persons entering the Competition (hereunder referred to as Participants) agree to be bound by the aforementioned.

The Competition Terms and Conditions may be amended or varied, in accordance to its terms, at any time by the MTA.
The Competition Terms and Conditions shall be governed by and construed in accordance with the laws of Malta and shall have exclusive jurisdiction in relation to any disputes arising therefrom.

If any part of the Competition Terms and Conditions is held by the competent court to be unenforceable, the validity of the remainder of the Competition Terms and Conditions will not be affected.

Limitation of Liability

If MTA or any contractor is unable to perform any obligation under the Competition Terms and Conditions because of a matter beyond its reasonable control, including (but not limited to) fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of MTA or its contractors, neither MTA nor any contractor will have any liability for that failure to perform.

Participants' Acknowledgements

By uploading videos and photographs ("Content") to www.visitmalta.com/eyesonmalta (hereunder referred to as the Link) Participants confirm that they acknowledge, accept and agree:

    1. To comply with the Competition Terms and Conditions.
    2. To grant the MTA, its affiliates and licensees at no charge, a licence to publish, display and/or use the Content or any of its elements in any way it sees fit (including but not limited to editing, adapting, distributing, for promotional and advertising purposes) in any media now known or hereafter devised in connection with the promotion of Malta as a tourism destination.
    3. That the MTA has the right but not the obligation to monitor and to moderate the Content provided to it and that it may remove, edit and suspend any Content that it considers in its absolute discretion to be inappropriate.
    4. That the MTA shall not be responsible for Content which has been lost, delayed, misdirected, damaged, or undelivered.
    5. That incomplete, inaudible and/or illegible Content may be disqualified from the Competition.
    6. That the MTA shall not be responsible for technical errors in telecommunications networks, Internet access or otherwise preventing entry to the Competition.
    7. That the MTA will not return any Content submitted to it and thus the Participants are to be at all times in possession of a master copy of the Content.
    8. That they shall indemnify MTA against any and all claims brought by third parties in respect of MTA's use of the Content.

Representations and Warranties by the Participants:

Prior to uploading the Content, the Participants represent and warrant:

  • They are at least eighteen (18) years of age;
  • The Content and all material contained therein does not infringe any rights of any third party as it is either their original work and/or they have obtained permission from all relevant third parties to use all material, including without limitation video footage, photographs and music, that are contained in the Content and
  • Permissions have been obtained from all individuals featured in or who have in any way contributed to the Content (if any) and can provide evidence of such permissions to MTA if requested.
  • They waive all moral rights they may have in respect of the Content and have ensured that all individuals contributing to and/or performing in the Content have waived their moral rights.
  • All information given by them is complete and accurate and not misleading.
  • They will not act in an unbecoming, unethical or disruptive manner or in violation of the law.

A breach of the above representations and warranties shall constitute a breach of the Competition Terms and Conditions.

Submission

  1. Content must be uploaded to the Link by midnight GMT on 31st day of October 2009.
    NOTE: Extended to Thursday 31st December 2009
  2. All Participants shall include their full name, a valid contact email address and confirmation that they are over eighteen (18) years of age;
  3. Content must be submitted by the Participants personally;
  4. There shall be no charge for entry or for the submissions made in terms of these Terms and Conditions. 
  5. No Content may be submitted which:
    a. Exceeds the duration of 5 minutes and the size of 10MB.
    b. Is defamatory, obscene or unlawful;
    c. Features persons performing any form of dangerous acts.  

Participant Eligibility

  1. The Competition shall be open only to anyone over the age of 18 years.
  2. Notwithstanding the generality of the paragraph above, employees and immediate relatives of employees of MTA, and their respective parents, subsidiary and affiliated entities and agencies, and any other person connected with this competition shall be excluded from participating.

Selection of the Winning Content

  1. At its sole discretion the MTA shall select one sole participant as the winner of the Competition (hereunder referred to as the ‘Winner') on the basis of what, in its sole discretion, considers to be the best Content. The MTA's decision shall be final.
  2. The Winner will be notified through email no later than by the 30th day of November 2009 together with full details of the prize. (NOTE: extended to 31st January 2010)
  3. It is the sole responsibility of the Winner to check his/her email for the said notification. The Winner shall be required to confirm receipt of such notification within a timeframe to be specified on the email. In default of such confirmation by the Winner, the Winner may become subject to forfeiture of the prize attributed to the Competition.
  4. Without prejudice to the above, if for any reason the MTA cannot contact the Winner by 12 December 2009, the MTA reserves the right to choose another winner from the Participants. (NOTE: extended to 12 January 2010)

Prize

  1. The Winner shall be awarded a one-week Holiday for 2 persons (hereunder referred to as the Prize). The details of the Prize are contained hereunder:
    • Two return Economy Class tickets to Malta.
    • 6 nights' accommodation a the 5-star Fortina Spa Resort, to be taken between 1 January and 30 April 2010.
    • All transfers to and from the airport are included;
    • The Winner shall be given €1,000 spending money. 
  2. The Winner and the Winner's guest (hereunder referred to as the Guest') are responsible for obtaining and paying all applicable taxes and expenses not specified in the Prize description including but not limited to visas.
  3. The Winner and Guest are advised to obtain their own travel and medical insurance and/or all other necessary travel documentation including, but not limited to, visas (as applicable).
  4. The Winner and Guest must follow all instructions and other relevant rules whilst engaging in all activities and events during the trip, as specified. MTA retains the discretion without liability to decline or terminate participation in activities on the trip at any time in the interest of safety.
  5. The Winner and Guest acknowledge that they may be filmed or photographed during the Prize holiday for promotional purposes and shall be asked to sign a waiver of rights in connection therewith on which Participants agree to allow their name, likeness and voice to be used without compensation if required by MTA for advertising or publicity purposes.
  6. The Prize is non-transferable and no cash alternatives will be offered by the MTA. If due to circumstances beyond MTA's control the stated prize cannot be provided, MTA reserves the right to award a substitute prize of equal value. All prizes are subject to any and all additional terms and conditions of third parties supplying the prize.
  7. The Winner and Guest may be required to sign and return a statement of eligibility before Prize is awarded including a copy of a valid passport. MTA may cancel the Prize at its sole discretion and without prior notice if the delivery of the Prize to the address stated by the Winner is unsuccessful, and MTA fails to obtain the necessary information to deliver the Prize successfully following reasonable efforts. In this case, the MTA will consider itself obliged to cancel the Prize, without the person concerned becoming entitled to any compensation as a result.
  8. To the fullest extent permissible in law, MTA shall not be liable to the Winner and/or Guest for any loss or damage howsoever caused arising out of or in connection with the Competition and/or the Prize.
  9. MTA shall not be liable for any delay in performing or partial or total failure to perform any of its obligations to the Winner and/or the Guest under these Competition Terms and Conditions if such delay or failure is caused by circumstances beyond its reasonable control including (without limitation) delays, changes, disruptions, cancellations, diversions or substitutions howsoever caused including without limitation, war, terrorist action or threatened terrorist action, strikes, hostilities, civil commotions, accidents, fire, flood or natural catastrophes or arising (without limitation) out of or in connection with (i) the activities of third party event organisers; (ii) any form of transportation (including but not limited to flights, trains, coaches, buses, ferries, taxis or cars); and/or (iii) by third parties providing accommodation included in the prize. For the avoidance of doubt, the winner (and/or the winner's guests) shall be solely liable for any additional costs incurred as a result.
  10. Participants from certain countries may not be eligible for travel and otherwise MTA may be prohibited from awarding prizes to entrants in certain countries in which event MTA reserve the right to select an alternative winner without any compensation to previous, ineligible winners.
  11. MTA is not providing the events and/or services of the prize or any related information. Third parties will provide the events and/or services of the prize. While MTA have made reasonable enquiries to ensure that the prize will be enjoyable and entertaining, MTA does not guarantee, warrant or represent the suitability or quality of the events and shall not be responsible for any activities undertaken in the course of the events or trip.


MTA Right to Disqualify

The MTA reserves the right to disqualify any Participant or to refuse to award the Prize in the event that, in its sole discretion, it becomes of the opinion that the Participant has breached any of the Competition Terms and Conditions.

 

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