T&Cs

Agreement

1. These terms and conditions (Terms) and our Privacy Policy at www.redbull.com.au constitute the agreement between you (You) and Red Bull Australia Pty Ltd (Red Bull) (the Agreement) in relation to your use of this website at www.redbullbedroomjam.com.au (Website) and your participation in Red Bull Bedroom Jam (the Competition).
2. Entry to the Competition is subject at all times to these Terms. By entering the Competition You and all of the members of your Act (Participants) fully and unconditionally agree to and accept these Terms and the decisions of Red Bull.
3. All obligations of an Act in these Terms are binding on all Participants in that Act.
   

   Eligibility

4. Entry to the Competition is not open to employees (and their immediate family members) of Red Bull and their associated agencies and companies. Immediate Family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether by natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
5. Entry to the Competition is only open to Australian residents aged 15-21. If in a group, the majority of members of each group (Act) must be aged 21 or under when the Act makes their initial submission of a music video of an original song performance to the Website (a Submission). Each Submission must be made through the Website in accordance with these Terms within 4 weeks of an Act registering on the Website. There is no purchase necessary to enter.
6. Participants under the age of 18 years must obtain the prior permission of a parent or guardian over the age of 18 years before entering the Competition. You confirm that you are aged 18 or over, or that you have the consent of your parent or guardian to enter the Competition. Red Bull reserves the right to require proof of age of all entrants at our discretion.
7. Acts may not be sponsored or supported by any third parties on a commercial basis over the value (monetary value or value in kind) of $10,000AUD/year. Red Bull reserves the right to refuse entry to the Competition to any Act that they believe is commercially supported by a third party over the value (monetary value or value in kind) of $10,000AUD/year and exercise its rights under these Terms in relation to such Acts including but not limited to removal of an Act from the Competition.
   

   Entries

8. To enter the Competition, You must:
   1. fully complete and submit the entry form available on the Website;
   2. provide all details required by the Website and Red Bull, the details required include, but may not be limited to, the Act’s full name, address, and email address; and
   3. provide your Submission to Red Bull in the manner set out on the Website.
9. False, incorrect or incomplete registration information will deem the entry invalid, making that Act ineligible to enter the Competition and to win any prizes.
10. This is a game of skill and merit; chance plays no part in determining the eventual winners.
11. Red Bull’s decision in relation to all matters pertaining to the Competition is final and no correspondence will be entered into.
12. Red Bull reserves the right to change the Competition format for any reason including, but not limited to, number of entries, time constraints or any unforeseen incidents.
13. Red Bull shall have no liability for any expenses incurred by entrants when creating any Submission for the Competition.
14. Submissions will be posted on the Website, so that other Website users may upload their comments.
15. Submissions will be deemed to be received at the time they are recorded as being received and fully registered in Red Bull’s system, not at the time they were sent by You.
    

    Red Bull Bedroom Jam webcasts

16. The Act at the top of the ‘Buzz Chart’ at 5pm AEST on each of:
    1. Thursday 22nd March 2012;
    2. Thursday 5th April 2012;
    3. Thursday 19th April 2012;
    4. Thursday 3rd May 2012;
    5. Thursday 17th May 2012;
    6. Thursday 19th July 2012;
    7. Thursday 2nd August 2012;
    8. Thursday 16th August 2012,
    9. Thursday 30th August 2012; and
    10. Thursday 13th September 2012

    (each a Relevant Date) will win a Bedroom Jam webcast (Webcast).

17. The award of a Webcast to an Act will be at Red Bull’s sole discretion. Red Bull is under no obligation to offer any of the Acts a Webcast.
18. Once an Act has been awarded and had a Webcast produced, they will not be eligible to win a further Webcast in the Competition.
19. The winners of the Webcast will be notified by phone and email within one hour of 5pm on the Relevant Date. If the Act at the top of the Buzz Chart is not available for the Webcast, it will be forfeited in accordance with these Terms.
20. Where the Webcast is forfeited for any reason then the Webcast will be awarded to the Act who obtained the next highest ranking on the ‘Buzz Chart’ on the Relevant Date and so on until an available Act is confirmed.
21. The winner will also be published on the Website. Red Bull will not advise other Acts individually of a failure to win a Webcast.
22. Red Bull is not responsible for contacting winners by any other method or for winners not receiving notification (including, but not limited to, a change to, or incorrect supply of personal details).
23. It is a condition of accepting the prize that the winning Act (and their companions) may be required to sign a legal release in a form determined by Red Bull in its absolute discretion.
24. The audio visual production of the Webcast will be arranged by Red Bull at Red Bull’s cost in conjunction with the winning Act. The Webcast on the Website will allow the winning Act to be broadcast to the world.
25. Each of the winning Acts who receives a Webcast (the Finalists) will be invited to compete to participate in additional activities including but not limited to:
    1. Red Bull Bedroom to Backyard Jam (Backyard Jam Prize)
    2. On premise events (OP Event)
    3. Play on a Red Bull Bedroom Jam Festival Stage (Festival Stage)
    4. Time in the Red Bull Studio, Sydney (Studio Time).

    Backyard Jam Prize

26. The winners of the first five Webcasts will compete to host Red Bull Bedroom to Backyard Jam on 7 July 2012 (Backyard Jam).
27. As each Finalist wins a Webcast during phase 1 of the 2012 competition, that is, the Webcasts between 29th March 2012 and 24th May 2012, they will be added to the ‘Red Bull Backyard Jam Buzz Chart’. The Finalist at the top of the ‘Backyard Jam Buzz Chart’ at 5pm on Thursday 7th June 2012 (Backyard Jam Winner) will host the Backyard Jam.
28. The winner of the Backyard Jam Prize will be notified by phone and email within one hour of 5pm AEST on Thursday 7 June 2012. If the Act at the top of the Buzz Chart is not available for the Backyard Jam Prize, it will be forfeited in accordance with these Terms.
29. Where the Backyard Jam Prize is forfeited for any reason then the Backyard Jam Prize will be awarded to the Act who obtained the next highest ranking on the ‘Backyard Jam Buzz Chart’ on the Relevant Date and so on until an available Act is confirmed.
30. The Backyard Jam Prize will involve a gig being set up by Red Bull in the Backyard Jam Winner’s backyard (or other suitable location as determined by Red Bull in its sole discretion) on 7 July 2012 where the Backyard Jam Winner, the other Finalists from that round and any Wild Cards will play as warm up bands for a known Australian headline act. Details about Red Bull Backyard Jam will be provided on the Website.
31. At and following the Red Bull Backyard Jam, the Finalists will be judged by an industry panel of experts determined by Red Bull (Judges).
32. The winner of the Backyard Jam Prize, as decided by the Judges in their sole discretion, will receive 5 days in the Red Bull Studio, Sydney, between 1st December 2012 and 28th February 2013.
    

    OP Event

33. As each Finalist wins a Webcast during phase 2 of the 2012 competition, that is, the Webcasts between 26th July 2012 and 20th September 2012, they will qualify to participate in a Red Bull Bedroom Jam OP Event on 27 October 2012. The location of the OP Event will be decided 5 weeks prior to the event, no later than 22nd September 2012 with the selection being at Red Bull Australia’s sole discretion. Each winner will be announced publicly as part of the Webcast performance.
34. The OP Event prize includes (per band):
    1. Return airfares from the nearest capital city
    2. Airport transfers to and from
    3. 3 nights accommodation
    4. Ground transfers to and from the OP Event location
    5. 2 hours rehearsal time with the headline act
    6. Live performance in an on premise venue
35. The winner of the OP Event, as decided by the Judges in their sole discretion, will receive 5 days in the Red Bull Studio, Sydney, between 1st December 2012 and 28th February 2013.
    

    Festival Stage

36. Of the 10 Webcast winners, 4 will be selected to play on the Festival Stage. The other 2 places will be allocated to any bands correctly registered at www.redbullbedroomjam.com.au
37. All Red Bull Bedroom Jam bands selected to play on the Festival Stage will be selected by the festival owner/Promoter and festival artist booking agent in their sole discretion, based on their ability and fit with the music policy of the festival.
38. The 6 winners will be announced online using relevant Red Bull channels and festival communications. Announcements will take place on the 3rd, 10th and 17th of November, with 2 bands per announcement.
39. The Festival Stage prize includes (per band):
    1. Return airfares from the nearest capital city
    2. Airport transfers to and from
    3. 3 nights accommodation
    4. Ground transfers to and from the Festival Stage location
    5. Sound check and stage management
    6. 1 x 20 minute (maximum) set at a Red Bull sponsored festival
40. The Festival Stage placement will be solely at Red Bull’s discretion
    

    Studio Time

41. All bands correctly registered at www.redbullbedroomjam.com.au will be eligible to win Studio Time.
42. The winners of the Studio Time will be selected by the Red Bull Studio Manager at their sole discretion.
43. Upon selection the winners will be notified by phone within 24 hours and published at www.redbullbedroomjam.com.au and affiliated relevant Red Bull and media partner channels within 12 hours of confirmation of availability.
44. The winners of the Studio Time will be required to sign a Red Bull Media House Artist Agreement prior to the Studio Time being confirmed.
45. The Studio Time prize includes (if required):
    1. Return airfares from the nearest capital city
    2. Airport transfers to and from accommodation
    3. Accommodation for the time in studio
    4. Minimum 2 days in the Red Bull Studio (with Studio Manager and Engineer)

    Prizes

46. Each Webcast is valued at at least $6,000
47. The Backyard Jam show is valued at at least $30,000
48. The Red Bull Bedroom Jam Festival Stage is valued at at least $50,000
49. The Red Bull Recording Studio is valued at at least $3,000 per day
50. All prize values are the recommended retail price in Australian dollars, are inclusive of GST and are correct at the time of printing.
51. Red Bull accepts no responsibility for any variation in the value of prizes.
52. Red Bull reserves the right to change any details of the Competition, the prize, and/or to substitute alternative prizes to an equivalent value if necessary.
53. The prizes in the Competition or any unused portion thereof, are not transferable, exchangeable, refundable or negotiable and cannot be taken as cash.
54. Red Bull will not be responsible for any tax liability incurred as a result of any Act winning the Prize. Acts should obtain independent tax and financial advice.
    

    Wild Cards

55. 55. Red Bull reserves the right to invite wild card Acts who have entered a Submission to either receive a Webcast or participate in any of The Events outlined in Clause 25 (Wild Cards). Any Wild Cards selected by Red Bull will participate in The Events outlined in Clause 25 as decided at Red Bull’s sole discretion.
    

    Rights

56. As a condition of participating in the Competition or a prize all individuals in the relevant Acts must sign any legal documentation as and in the form required by Red Bull / prize supplier / Competition organisers in their absolute discretion including but not limited to a talent or rights release, waiver and indemnity form. If the individual is under 18 years of age, his or her parent or guardian must sign any legal documentation on his or her behalf.
57. It is a condition of entry that the Act and all of its Participants agree to their image, and/or voice, as recorded, photographed or filmed during the Competition including during the Webcasts, at Red Bull Backyard Jam, at the OP Event or Festival Stage (including but not limited to as part of the Competition), may be broadcast or published by Red Bull worldwide in any media, including but not limited to, television, radio, internet, newspapers, magazines, or any other advertising or marketing in connection with this Competition and/or any future event, and the Act will not be entitled to any fee for such use. The Acts consent to any use of the above created materials in a way which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).
58. Red Bull may transfer the rights granted in accordance with clause 53 in whole or in part to third parties, grant sublicenses and rights and/or permits to exercise the rights and it may exercise these rights itself or through third parties.
59. Red Bull is not obliged to exercise the rights granted under clause 53.
    

    Limitation of Liability and Warranties

60. Red Bull and its associated agencies and companies will not be liable to You, other Acts or third parties for any misadventure, accident, injury, loss or damages (including but not limited to consequential loss) or for personal injury or death or loss of, or damage to property or claim – except to the extent that liability cannot be excluded by law – that may occur:
    1. in connection with the Competition or the prizes;
    2. in the participation in the Prize (or any other prize);
    3. as a consequence of late, lost or misdirected mail; or
    4. due to the broadcast of any program relating to the competition or the publication of any material, including any statements made by any compere, staff member, journalist, other Participants or any other person.
61. Red Bull will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this Competition if the deficiency is occasioned by any cause outside the reasonable control of Red Bull, including without limitation technical malfunctions or failures.
62. Red Bull and its affiliates assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, entries, and reserves the right to take any action that may be available.
63. You will be solely responsible for the content of your Submission and the consequences of posting or publishing it, including in relation to any defamatory material or content that intrudes on the privacy or other rights of any third party. Red Bull does not endorse any Submission or any opinion, recommendation or advice expressed therein, and Red Bull expressly disclaims any and all liability in connection with your Submission.
64. You warrant that you have and continue to have, all necessary licences, rights, consents and permissions necessary for the use of all content in your Submission, including in particular any intellectual property rights in any music or images contained therein and agree to hold Red Bull fully harmless from any third party if your Submission should breach their rights.
65. Red Bull reserves the right, at its sole discretion, to refuse to post, modify or remove any Submission or comment in relation to a Submission for any reason, without prior notice and without liability. The exercise of this clause 61, will include circumstances where an Act is registered on the Website and has not uploaded a Submission within 4 weeks of registration, Red Bull will remove the profile of that Act at its discretion.
66. Red Bull reserves all rights to take appropriate action in relation to any comments which are offensive or unlawful.
67. Red Bull reserves the right, at its sole discretion, to deny, restrict, suspend or terminate your access to the Website at any time. Red Bull shall not be under a duty to account for such a decision. Once your registration has been terminated by Red Bull you may not re-register with the Website.
68. Except to the extent that they are expressly set out in these Terms, and to the fullest extent permissible by law, no conditions, warranties or other terms apply to the Competition.
69. Should the Competition, in Red Bull’s sole opinion, be compromised by any event beyond Red Bull’s control or is not capable of being conducted as reasonably anticipated, Red Bull reserves the right at its sole discretion, to modify, terminate, amend or extend the Competition without liability to You or any other any Participants.
    

    Lost Entries, Damage & Costs

70. To the extent permitted by law, Red Bull excludes liability for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the internet or any website; or any unauthorised intervention, or any combination thereof.
71. Red Bull shall not be liable in any circumstances (including negligence) for any direct or indirect damages for any injury or damage to any Participant’s or any other person’s computer related to, or resulting from, participation in this Competition or downloading any materials in this Competition (including in relation to any viruses or other similar computer related damage).
72. Red Bull accepts no responsibility for entries not received or included for any reason, including due to technical or other failure or for any periods that the website or entry mechanism is unavailable for any reason during the Competition period.
73. Red Bull shall not be held liable for any lost or late, illegible or inaccessible Submissions or for loss of data (including the deletion, corruption or failure to store submitted Submissions) or damage due to malfunction of or trouble with devices used to provide the Website, or any part of the communication network.
74. Any costs associated with accessing the Website are the Participant’s responsibility and are dependent on the internet service provider used.
    

    Disqualification

75. Any breach of these terms disentitles an Act from participating in the Competition and winning any prizes at Red Bull’s sole discretion.
76. Red Bull reserves the right, at any time, to verify the validity of entries and Acts (including an Acts identity, age and place of residence) in its sole discretion to disqualify any Act who Red Bull believes has failed to comply with the entry process, or who tampers with the entry process or breaches any of these terms or any instructions or directions on the Website, or engaged in any unlawful or other improper misconduct (including but not limited to tampering or interfering with the entry mechanism, spamming or unduly influencing the ‘Buzz Chart’ mechanism in any way).
77. Red Bull, in their absolute discretion, at all times reserve the right to prevent any Act from participating in the Competition and/or disqualify any Participant or Act from the Competition if, at any time, they reasonably believe that the Act poses a risk or for any other reason, including but not limited to, acting in a manner which is likely to bring Red Bull and/or the Competition’s organisers into disrepute, being under the influence of drugs alcohol or other illicit substances, engaging in conduct likely to cause harm to themselves, other Participants, Red Bull’s employees, contractors or volunteers, or any other third party, or being in breach of these Terms or the rules of the Competition;
78. Red Bull’s legal rights to recover damages or other compensation from such an offender are reserved.
79. Failure by Red Bull to enforce any of its rights at any stage does not constitute a waiver of those rights.
    

    Personal Information

80. Red Bull collects the personal information of Participants in order to conduct the Competition (Purpose).
81. By entering the Competition you agree to receive further information from Red Bull regarding future promotions, you agree that Red Bull may use this information for future similar promotional, marketing and publicity purposes. If you do not wish to receive such information, please contact the Red Bull Privacy Officer via facsimile on 02 9023 2900 or at 2 Huntley Street, Alexandria, NSW 2015 or via www.redbull.com.au.
82. Your personal information may be disclosed by Red Bull if required by law or direction or any relevant authority.
83. All personal details of Participants will be collected and stored by Red Bull at Red Bull Media House GmbH, Oberst-Lepperdinger-Str. 11-15A – 5071 Wals bei Salzburg.
84. Your personal information may be used for future promotional, marketing and publicity activities of Red Bull and may be provided to organisations that assist Red Bull with those activities.
85. To access, update or correct your personal information, please contact the Red Bull Privacy Officer via facsimile on 02 9023 2900 or at 2 Huntley Street, Alexandria, NSW, 2015 or via www.redbull.com.au.
86. Your personal information will be retained by Red Bull in accordance with the National Privacy Principles and the Privacy Act 1988 (Cth).
87. For further information on Red Bull’s privacy policy, refer to the Privacy section of our website: www.redbull.com.au
    

    Publicity

88. In accepting these Terms and the ability to win the prizes, Acts agree to participate and co-operate as required in all editorial activities relating to the Competition, including but not limited to being interviewed and photographed. The winners grant Red Bull a perpetual and non-exclusive licence to use such footage and photographs and the winners names where necessary in all media worldwide and the winners will not be entitled to any fee for such use.
89. The winners agree that they will not and will ensure that their companions do not sell or otherwise make available their story and/or photographs to any media or other organisation.
    

    General

90. These terms and conditions will be governed by and construed according to the laws of New South Wales and references to times are references to the time in Sydney, Australia (AEST).
91. Headings are for ease of reference and do not affect interpretation.
92. The brand names, logos and related taglines appearing on the Website, whether or not appearing in large print or with the trade mark symbol, are trade marks of Red Bull, or its related bodies corporate.
93. The use or misuse of these trade marks or any other materials, except as permitted in these Terms, is expressly prohibited.
94. Red Bull reserves the right to change these Terms at any time.
95. The word ‘including’ is not a term of limitation.
96. The promoter of the Competition is Red Bull Australia Pty Ltd (ABN 67 085 840 259) of 2 Huntley St, Alexandria, NSW, 2015.