TERMS & CONDITIONS.

1.  Entry into this game of skill Promotion by all Eligible Entrants is deemed acceptance of these terms and conditions. Chance plays no part in determining the outcome. The Promoters’ decision in relation to all aspects of this Promotion is final and binding, and no correspondence will be entered into.

2.  The Promoters are: Fox Interactive Media Australia Pty Limited (ABN 27 122 967 239), Level 2, 83-97 Kippax St, Surry Hills, NSW 2010, and Twentieth Century Fox Film Distributors (ABN 16 007 525 920), Level 3, Frank Hurley Grandstand, Fox Studios, Driver Avenue, Moore Park NSW 1363 (“Promoters”).  

3.  The Promotion commences at 04.00pm (AEST) on 8 August 2007 and closes at 04.00pm (AEST) on 29 August 2007 (“The Promotion Period"). The voting phase begins at 11.59am (AEST) on 6 September 2007 and closes at 11.59.am (AEST) on 12 September 2007 (“The Voting Period”). MySpace's computer is the official time keeping device for this Promotion.

4.  Entry is open to Australian residents aged 18 years and over, who at the time of entry into this Promotion, are registered members of MySpace and have a music profile in the name of their band, on the MySpace website www.myspace.com (the "MySpace Site") and are in compliance with the MySpace Terms of Use Agreement (“Eligible Entrants”). 

Eligible Entrants who are exclusively signed to a recording artist, record producer, songwriter, music publisher or has entered into any other contract that could in any way deny any ability to freely assign ownership of the entry to the Promoters, are ineligible to enter.

In the case of entries which include a song written and/or recorded by a group (“Band”), the Eligible Entrant warrants that:

1. he/she submits the entry on behalf of all members of the Band and
2. the Eligible Entrant has the authority to act on behalf of all members of that Band to submit the entry;
3. all members of the Band are Australian residents aged 18 years or over; and
4. no member of the Band is exclusively signed to a recording artist, record producer, songwriter, music publisher or has entered into any other contract which could in any way deny any ability to freely assign ownership of the entry to the Promoters.

The remaining Band members are ineligible to enter this Promotion, either with the same song or a different song.

For the purpose of these Terms & Conditions, the Eligible Entrant will be the person named as the spokesperson on the online entry form. In the event of any dispute as to the Eligible Entrant, the Promoters reserve the right to determine the identity of the Eligible Entrant in their sole discretion.
By entering this Promotion, Eligible Entrants grant the Promoters a perpetual, irrevocable, non-exclusive license to reproduce, distribute, display, exhibit, transmit, broadcast, stream, synchronize with visual material, otherwise use, and permit others to use and perform throughout the world the entry in any and all media now known or hereafter devised, including the MySpace Site, and for any purpose, including, but not limited to, downloads, streams, in audiovisual recordings, motion pictures, advertising or promotion of the Promoters and their respective services and products, all without further notice or consent from or payment to Eligible Entrants.

The Winner of this Promotion will agree that the copyright of the submitted entry will automatically and without further action by the Winner become the sole and exclusive property throughout the universe and in perpetuity of the Promoters (or their designees), and that the Promoters will have the right to sell, license, assign, dispose of and/or transfer any or all of their rights, title and interest in and to the Winning entry in their sole discretion. The Eligible Entrant (and all other members of the Band, if applicable) agrees that, in the event that their entry is selected as the Winner, they will promptly do all further acts and execute and deliver all documents required to give effect to the assignment of their rights in accordance with these Official Terms and Conditions.
Eligible Entrants agree that the Promoters have no obligation to post any Entry on the MySpace Site. The Promoters reserve the right to limit the number of Eligible Entrants whose Entries will be posted on the MySpace Site and to remove Eligible Entrants whose Entries have already been posted in the Promoters’ sole discretion and to crop, censor or otherwise edit Entries for posting without further consent or approval of the Eligible Entrants. Eligible Entrants understand that their name and other Entry Material may be posted on the MySpace Site in connection with this Promotion.

Entries must not contain material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, national origin, physical disability, sexual orientation or age), illegal (which could include underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, harassing, or otherwise objectionable as determined by the Promoters in their sole discretion.

Management and employees (and their immediate families) of the Promoters, their affiliated companies and any agencies, firms or companies associated with the Promotion are ineligible to enter.

5.  Eligible Entrants can enter this Promotion by completing fully the official Entry Form on URL www.myspace.com/hitmanmovie  and uploading a digital audio recording of an original song encoded in an Mp3 format using the Song Upload link on the contest page located at the URL www.myspace.com/hitmanmovie during the Promotion Period.
All Entries must include the following two elements:
(a) The digital audio recording of an original song, encoded in an MP3 format, and
(b) The Eligible Entrant’s name and contact details (as prompted).

Entries that contain samples or other materials which are not the original creation of the Eligible Entrant (or their Band which the Eligible Entrant has permission to enter on the Band’s behalf) will deem the entry ineligible.

Eligible Entrants warrant to the Promoters that :

•  their Entry (including, without limitation, dramatic materials, ideas, quotations and any other intellectual properties) is wholly original and does not infringe upon or otherwise violate any right of any person, firm or entity;

• the Eligible Entrant has all rights, licenses, permissions and consents necessary to submit the Entry in the Promotion in accordance with these Terms & Conditions;

• no person other than the Eligible Entrant (or, in the case where an Eligible Entrant submits an Entry on behalf of a Band, no person other than the members of the Band) has any right, title or interest in and to any part of the Entry and that the entry does not infringe the rights of any third party;

• neither the Eligible Entrant nor any other member of the Band (if applicable) will take or endorse any action which might prevent or obstruct the Promoters from using the entry.

The Eligible Entrant agrees to indemnify the Promoter against all costs and claims by third parties arising from a breach of any warranty set out in these Official Terms and Conditions.

Eligible Entrants agree that the Promoters have no obligation to post any Entry on the MySpace Site. The Promoters reserve the right to limit the number of Eligible Entrants whose Entries are posted on the MySpace Site and to remove Entries which have already been posted in the Promoters’ sole discretion. Eligible Entrants understand that their name and other material which form part of an Entry may be posted on the MySpace Site in connection with this Promotion.

One entry per Eligible Entrant is permitted.

6. Round 1 Judging.

A panel of expert Judges appointed by the Promoters will consider all entries during the period from 8 August 2007 until 4 September 2007 at the offices of the Promoter Twentieth Century Fox Film Distributors, Level 3, Frank Hurley Grandstand, Fox Studios, Driver Avenue, Moore Park NSW 1363.

All eligible entries will be judged, using the following criteria:
A panel of judges appointed by Sponsors, in their sole discretion, will select ten (10) Finalists from all eligible entries received during the Competition Period based on the following criteria: quality (50 %), originality (30 %), popular appeal (15%) and technical quality (5%)(the "Judging Criteria") of submission. If there are multiple entrants that receive the exact same score which qualifies them for the tenth position, then all such entrants receiving the same score will advance to Finalist status and there will be more than ten (10) Finalists. The Sponsor's tabulation of votes is final and binding.

The ten Entries who in the opinion of the judges best meet the above criteria will become the Finalists and will move on to the Round 2, public voting stage.

The judges’ decision is final and no correspondence will be entered into.

7.  Round 2 Public Voting.

From 11.59am (AEST) on 6 September 2007 to 11.59am (AEST) on 12 September 2007 the 10 Finalists’ entries will be posted to the contest page www.myspace.com/hitmanmovie

Any person with a valid MySpace Account will be able to vote for their favourite song by completing the online Voting Form during the Voting Period.

At the end of the voting phase, the entry with the most user votes will then become the Winner of this Promotion. The remaining 9 Entrants will become runners up.

In the event of a tie for the highest number of votes, the judges will determine the winner from the tied finalists based on the criteria set out above.

Limit of one Vote per person per day
8. The winner will be notified by phone and email on 14 September 2007 and must respond thereto within one (1) business day or risk forfeiting the grand prize. publicly announced on the MySpace Site on 19 September 2007. If a prize notification is returned as undeliverable or the potential grand prize winner otherwise cannot be readily contacted on September 14, the grand prize will be forfeited and will be awarded to the runner-up through the same notification process. If the runner-up also cannot be readily contacted within the one (1) business day period, then another eligible Finalist will be awarded the grand prize, as determined and selected by Sponsors in their sole discretion.
As a condition to accepting the Prize and within 3 days of acknowledgement, the Winner (and, if the Winner had entered on behalf of a Band, each Band member) will be required to complete and return to the Promoters the following documentation:

• an affidavit of eligibility, liability release, and publicity release;

• an Agreement with one or more of the Promoters (as determined by the Promoters in their sole discretion) confirming assignment of ownership and control of the submitted Entry, along with such other documentation as the Promoters may require in their sole discretion in order to give effect to these Terms & Conditions. The Winner (and each member of the Band, if applicable) is advised to have their legal counsel review the Agreement before signing it.

The Agreement will be subject to the Promoters standard terms and conditions and such other terms that the Promoters may elect within the customary parameters of agreements of like kind, as determined by the Promoters in the exercise of their reasonable discretion. If the Winner (and all members of the Band, if applicable) does not execute and return all such documentation within the required timeframe, the Promoters may select a runner up to be the Winner.

If the Winner does not claim the Prize by 5:00pm (AEST) 17 September 2007 the Promoters will award the Prize to the Finalist who received the second highest voting score in the Round 2 Voting. If this situation occurs, the runner up will be notified by phone and My Space email on 17 September 2007 their details will be published on the MySpace Site on 19 September 2007. The documentation as set out above will be required from the new winner as a condition of accepting the prize.

The Prize must be taken from 21 September to 24 September 2007. In the event that the winner is unable to attend on these dates, the prize will be forfeited and will be awarded to the next runner-up.


9. The Prize.

The Winner of this Promotion will win the Grand Prize comprising the following elements:

•           $5,000 prize money awarded in the form of a cheque made payable to the Eligible Entrant named on the entry form;
•           Return flights from the Winner’s nearest capital city to Sydney (if necessary) for all Band members from their nearest capital city (Fri Sept 21 – Mon Sept 24) valued at up to $4,210 depending on point of departure (estimated from farthest city – Perth and based on an estimated 4 band members);
•           Tarago return airport–hotel transfers both sides of the trip valued at up to $440;
•           3 nights accommodation in Sydney (4 star apartment x 1 only) valued at $720;
•           2 full days recording the winning track with a professional studio engineer at Damien Gerard Sound Studios (if the winning track is done in less time, the band are free to record more tracks for themselves). Includes mastering of the winning track only valued at $3,000;
•           The winning track will feature in the Australian theatrical release of the film “HITMAN”, in cinemas on November 1, 2007 with the band’s MySpace URL appearing on the end credits;
•           A private, catered theatrette screening of “HITMAN” pre-release for the Band and 20 mates in their nearest capital city valued at $5,000;
•           An Xbox 360 game console (1 for the Band only awarded to the Eligible Entrant named on the entry form) valued at $550 with the game “Hitman: Blood Money” valued at $49.95 and the brand new game from the creators of Hitman -  “Kane & Lynch: Deadmen” valued at $109.95;
•           Featured Profile of the week on the MySpace homepage – the launch week of the film “HITMAN” (week commencing October 28, 2007;

TOTAL VALUE OF MAJOR PRIZE PRIZE UP TO $19,079.90
based on an estimated 4 members in the Band

The 9 other runners up will each receive:
•           Your Band’s MySpace URL on the end credits of the film “HITMAN’ in Australia;
•           Double in-season movie passes to see HITMAN for each Band member (valued at $30 per pass);
•           One of each per band only Xbox 360 games “Hitman: Blood Money” valued at $49.95 and the brand new game from the creators of Hitman -  “Kane & Lynch: Deadmen: valued at $109.95 (awarded to the Eligible Entrant named on the entry form);
•           Featured of the Band’s profilefor a day on the MySpace homepage; and
•           Each band will be featured artists on the MySpace Music Channel for the week of 1st November.

TOTAL MAXIMUM RETAIL VALUE OF EACH RUNNERS UP PRIZE UP TO $279.90 based on an estimated 4 members in the Band
TOTAL VALUE OF RUNNERS UP PRIZES is up to $2,519.10

Total Value of all Prizes is up to $21,599.00

All prize values are stated in AUS dollars.

Unless otherwise stated within the description, all other costs associated with taking the prize, including but not limited to spending money, meals, hotel car parking, room service, telephone, laundry and other hotel incidentals, ground transportation, taxes, insurance, gratuities, merchandise or any other costs of a related, ancillary or incidental nature, are the responsibility of the winner and individual members of each Band (as incurred). Any expenditure or liability incurred in relation to any of the above items will be the responsibility and liability of the winning Band. Winners are responsible for all federal, state, and local taxes on prizes.

Flight schedules and accommodation arrangements are subject to change without notice. Travel arrangements will not attract Frequent Flyer points. No changes to travel arrangements can be made once tickets have been issued.    

Except for any liability that cannot be excluded by law, the Promoters (including their respective officers, employees and agents) exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of this Promotion, including, but not limited to, where arising out of the following: any theft, unauthorised access or third party interference; any variation in prize value to that stated in these Terms and Conditions; use of or participation in a prize; or any tax liability incurred by the winner.

Dates are subject to change at the discretion of the Promoters. The Promoters accept no responsibility for any variation of any aspect of the prize, due to circumstances outside  their control. In any such event, an alternative element of the prize of similar monetary value will be arranged at the Promoters sole discretion. If the Winner resides in Sydney, no air travel, accommodation or transfers will be provided, and no compensation will be paid in lieu of that element of the prize.

For the avoidance of doubt, the Winner will not be entitled to any fees, royalties or any other payments in connection with the inclusion or exploitation of the Master in connection with any use by the Promoters, including in the motion picture or the soundtrack album or the advertising and promotion thereof. The potential inclusion of the Winning Master in the motion picture or soundtrack album will have no retail value.  

10. The Prize is non-refundable and cannot be exchanged, transferred or redeemed for cash, sold or otherwise used or exploited for any commercial purpose.

11. The Promoters will, at their sole election, select a record producer and pay the recording costs of creating a fully-mixed, master recording of the grand-prize winning entry ("Master"). The Promoters may also, at their sole discretion, use the winning entry and/or the Master in the Hitman motion picture and/or any advertising or promotion in connection therewith.  The Promoters may, at their sole discretion, edit, crop, distort or otherwise manipulate the recordings for use in the motion picture and/or any advertising or promotion in connection therewith without prior approval from the Winner or Band.  The inclusion of the Master in the Film is subject to any guild, union, or the other conflicting agreements, production exigencies, or time constraints, or any other unforeseen circumstances preventing such use, in which event this portion of the Prize is forfeited.

12. The Promoters are not responsible for and are not liable for:

• misdirected or delayed mail or e-mail;
• telephone, telecommunications, hardware or third party software malfunctions, failures, or difficulties of any kind;
• any condition caused by events beyond control of the Promoters which may cause the Promotion to be disrupted, corrupted or terminated;
• any printing or typographical errors in any materials associated with the Promotion;
• any internal dispute among band members as to issues pertaining to any Entries and/or the Promotion; or
• any incorrect or inaccurate entry information whether caused by the Eligible Entrant or any equipment or matter under control of the Promoter.

The Promoters reserve the right to disqualify, in their sole discretion, any person (or group, if applicable) tampering with the entry process, the operation of the systems required to conduct the Promotion or operate the MySpace Site, or who is otherwise in violation of these Official Terms and Conditions.  

The Promoters reserve the right, in their sole discretion, to cancel, terminate, modify, or suspend this Promotion should they determine, in their sole discretion, that any virus, bug, non-authorized human intervention or other causes beyond their control corrupt or affect the administration, security, fairness or proper conduct of this Promotion. All issues concerning the construction, validity, interpretation and enforceability of these Official Terms and Conditions, and the rights and obligations of the participants, shall be determined by the Promoters in their sole discretion. Entry constitutes permission to use the winner's name, picture, likeness, and voice (including photograph, film and/or recording of the same), biographical material and/or city and state of residence for purposes of trade, publicity or promotion in any media for an unlimited period for no additional compensation.

The Promoters do not make any representation, warranty or guarantee, express or implied, relating to this Promotion. Without limiting the foregoing, the Promoters make no representation in relation the nature, timing or duration of the winning entry appearing in the film “HITMAN”.

Eligible Entrants hereby agree to indemnify and hold harmless the Promoters and their respective affiliates, employees, officers, directors, and agents from any claim, liability, injury, damage or other loss arising out of or related to their participation in this Promotion, including without limitation any Material submitted, any failure on their part to fully comply with these Terms and Conditions, and any acceptance and use of any prize.

13. Without limiting the foregoing, Eligible Entrants’ personal information provided in connection with this promotion will be handled in accordance with the myspace privacy policy. (see www.myspace.com <http://www.myspace.com> ).

Copy of Terms and Conditions/Winner's Name:
Written notification of the grand prize winner or a copy of these Terms and Conditions (please specify) will be provided upon request by sending a written request and a stamped, self-addressed envelope to the Promoters at: Fox Interactive Media (“FIM”), Level 2, 83-97 Kippax Street, Surry Hills NSW 2010, Attention: Hitman MySpace Competition.