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ORANGE WANNABE WICKED TERMS AND CONDITIONS

These are the rules which apply to your participation in the Orange Wannabe Wicked Competition (“the Competition”).

You must include your contact details in any submission.

Read these rules carefully – they contain important information on how Orange may use your “Audition Videos”.

By submitting your Audition Videos to Orange and by entering the Competition you agree to these rules. If you do not agree please do not submit Audition Videos to Orange. You also agree to be bound by Orange’s Download/Access Terms and Conditions, Orange’s Terms and Conditions for the Supply of Orange Network Services (located at http://www.orange.co.uk/mobileterms), and Orange’s broadband Terms and Conditions and Privacy Policy as applicable. In the event of conflict these rules shall take precedence.

THE WANNABE WICKED COMPETITION

1.The Wannabe Wicked competition (“Competition”) is organised by IMP Media Limited on behalf of Orange Personal Communications Services Limited (“Orange”) and Wicked London Production Limited (“WLPL”).

2.The promoter of the Competition is Orange.

3.The Competition is open to UK residents aged 16 or over, excluding Orange employees, their families, agents or any person or company associated with this Competition. Entrants under 18 on October 1st 2007 should obtain written permission from their parent or guardian and produce such permission to Orange if required. Proof of age will be required from all finalists.

4.Details of the Competition Prize, how to enter/submit Audition Videos and rules for deciding the winner are set out at www.orange.co.uk/wicked and are incorporated into these terms and conditions.

5.The Audition Videos should be between 15 seconds and one minute. Singing to a backing track is optional. Orange reserves the right to edit any Audition Video.

6.The Audition Video must be in English.

7.Entrants can submit Audition Videos via the Orange website at www.orange.co.uk/wicked. Orange mobile customers can also submit Audition Videos via the Orange World wap site or via MMS sent to 7469. Submissions via MMS should include the word “Wicked” in the text of the message.

8.Your Audition Video is made at your own expense and Orange shall not be liable to reimburse any expenses incurred in making a submission. Orange will not return any Audition Video.

9.Audition Videos can be created in any digital format.

10.Audition Videos will be displayed to and accessible by Orange users on the Orange wap and web sites.

11.All Audition Videos must be received by 5pm (17:00) on November 5th, 2007. Orange will not be responsible for the non receipt of any Audition Video.

12.IMP Media Limited, acting for Orange, will convene a judging panel (“the Judges”) to select the Audition Videos that in their view are the most entertaining and/or where the entrants’ performances make them in their view the best potential candidates for the Competition Prize.

13.The Audition Videos selected by the Judges will go forward to two knockout contests, one for males, one for females. Orange mobile customers will vote for their favourite clip in a series of head-to-head rounds where the majority of votes cast will determine who progresses in each round. In the event of a tie in any head-to-head contest the Judges will decide who will progress to the next round, based on the clip they believe to be most entertaining.

14.The knockout contests will end when two male entrants and two female entrants remain (“the Finalists”)

15.The Finalists will win a trip to London and a place in the Final Audition as set out in the prize description at www.orange.co.uk/wicked.

16.The winner of the Competition Prize will be chosen by members of the Wicked Creative Team appointed by WLPL.

17.Entrants can submit more than one Audition Video but the Judges will select only one video per person to go through to voting in the play-off competition rounds.

18.Orange reserves the right to use the Entrant's Audition Video to market the Competition or showcase the work of Orange, WLPL or IMP Media Limited.

19.Orange reserves the right to refuse any entry for any reason at its absolute discretion.

20.The decisions of the Judges are final. Neither correspondence nor discussion concerning any decision shall be entered into.

21.Orange reserves the right to disqualify any Audition Video if it has reasonable grounds to believe you have breached any of these terms and conditions. In the event that an Audition Video is disqualified, Orange in its sole discretion may decide whether a replacement contestant should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to these Rules.

22.Orange shall be under no obligation to include your Audition Video in Wannabe Wicked.

23.Orange or its third party contractors may review the AuditionVideos you submit to it but do not undertake to do so. Orange may reject or accept your Audition Video for any reason in its absolute discretion. If your Audition Video contains what appears to be illegal conduct, Orange may notify law enforcement authorities.

24.The Entrant must submit only his/her own original work and agrees and confirms that this will not infringe the copyright or any other rights of any third party.

25.Entry to the Competition by Entrants is done at his/her own risk. Attendance by the Entrant at any event staged by Orange or WLPL and travel to or from any such event is also at the Entrant's own risk and Orange and WLPL accepts no responsibility or liability in this regard. The Entrant shall be required to sign a disclaimer should they be selected as a Semi Finalist.

26.No purchase is necessary to enter the Competition.

27.Orange cannot accept responsibility for any loss or delay in receipt of Audition Videos whether or not arising during operation or transmission as a result of the Orange mobile communications or broadband network.

28.Finalists will be notified by telephone call on November 26th and must be available for travel to London on November 30th and to attend the Final Audition on December 1st. If a Finalist does not respond to Orange’s notification by 10pm on November 27th and/or if a Finalist cannot attend the Final Audition on December 1st they will forfeit their right to any prize and Orange will select a replacement Finalist from the pool of entrants knocked out in previous rounds.

29.Entrants must be available to be in London on December 8th or 15th to perform the walk-on role in the event that they win the top prize.

30.Only successful entrants will be contacted by Orange. Finalists’ and the Competition Prize winner’s names may be published on the Wannabe Wicked wapsite and website at Orange.co.uk or you can write to Wannabe Wicked Contest Winners, IMP Media Ltd, Priory Park, The Great North Road, Aberford, Leeds, LS25 3DF, including a self-addressed stamped envelope, for a list of winners.

31.The Competition Prize is non-transferable and there is no cash alternative. Orange reserves the right to substitute a prize of equal or greater value at any time. The prize is awarded at Orange’s discretion and no prize will be awarded as a result of improper actions or breach of these terms and conditions or any other applicable terms and conditions by or on behalf of any entrant.

32.Orange reserves the right to seek and issue publicity on behalf of the Entrant. By entering the Competition, the Entrant agrees to participate in publicity as reasonably requested surrounding the Competition.

33.Orange accepts no responsibility for any misuse of intellectual property rights.

34.The prize for Finalists includes return standard class rail travel to London on Friday November 30th and standard double room accommodation at a four-star London hotel including breakfast but no further expenses. The prize for the winner includes return standard class rail travel to London on Friday December 7th or 14th for themselves and up to four guests plus standard room accommodation for the winner and standard double room accommodation for their guests at a four-star London hotel including breakfast but no further expenses.

RIGHTS TO USE YOUR AUDITION VIDEOS

35.You irrevocably and unconditionally grant to Orange, WLPL (and those authorised by them) all necessary rights and consents for the full period of copyright to use any Audition Video you submit for any purposes connected with the Competition including without limitation the ability for Orange to digitize, encode, publish and transmit the Audition Video across its mobile network and broadband network and on web and wap sites owned or controlled by it or by any third party technical provider in respect of the Competition and otherwise in any way in any media (including promotional material, associated services, and any other ancillary use) and in any part of the world through any medium now known or hereinafter invented. Such right to use is royalty-free and no payment is, or shall be, due to you. For the avoidance of doubt the rights granted under this paragraph shall include the right to use the Audition Videos of the Finalists and Winner on the mobile network and broadband network and on web and wap sites owned or controlled by Orange, WLPL (and those authorised by them) or by any third party technical provider for promotional purposes after the Competition.

36.You grant to Orange the non-exclusive right to syndicate to third party websites or services.

37.You permit Orange or its third party agents to edit or change the Audition Video in any way that it deems necessary in its sole discretion for the purpose of the Competition.

38.You irrevocably and unconditionally waive any so-called "moral rights" or “performers’ rights” in the Audition Video (as set out in the Copyright, Designs and Patents Act 1988 or otherwise) that you now have or may acquire in relation to the Materials.

39.Any material created by or on behalf of Orange utilizing your Audition Video or any component therein is and shall remain the property of Orange, but for clarity you retain ownership of your Audition Video.

AUDITION VIDEO CONTENT

40.You are entirely responsible for the content you submit in Audition Videos. You agree and confirm that you will abide by the following in relation to any content you submit:

1. Before you feature anyone else in your Audition Video, you must have obtained their consent to film them and to submit the Audition Video to Orange.
2. Everything you submit must be your own original work and not copied from anyone else’s. By submitting your Audition Video you agree and confirm that it does not infringe the copyright or any other rights of any third party. If you include anyone else's material in your Audition Video, you must have obtained their permission to do so. If you don't, you will be infringing the copyright in the material. This includes material downloaded or copied from a website. Musical compositions (such as lyrics, composition and arrangement) must be your own work or cleared by the appropriate rights holder(s). The sole exception to this is the selection of five extracts from Wicked songs available for download from www.orange.co.uk/wicked. Use of these extracts is limited to the Competition only.
3. Do not include anything that is pornographic, obscene, indecent, harassing, threatening or offensive.
4. Do not film anything confidential, covertly film anyone or infringe anyone's right to privacy.
5. Don't include personal contact details (including where you work or live) or anyone else's personal contact details.
6. Your Audition Video must not feature predominantly or solely a trademark or logo.
7. Your Audition Video should not feature celebrities or public figures unless you have their permission or if you are the celebrity or public figure.
8. You must have obtained all consents and licences necessary for you to submit the clip and for it to be used in the Competition.
9. If any under 16s are shown in the Audition Video, the written consent of their parent or guardian must be obtained.
10. Audition Videos must not contain viruses, Trojans or other harmful elements.
11. Participation in the Audition Video is at your own risk.
12. You may be held legally accountable for your submission if you are in breach of the items listed above.
    

TO MAKE A COMPLAINT

41.If you believe any Audition Video has infringed or violated your rights, including by defaming you or infringing your copyright, please provide Orange with the following information immediately:

• Your name, email address, physical address, contact telephone number
• Details of your complaint, with a description and title of the Materials in question
• In the case of a copyright dispute, identification of the copyrighted work that you claim has been infringed and a statement by you that you have a good-faith belief that the Material’s use of the work is not authorised by the copyright owner, its agent, or the law
• A statement by you that the above information is accurate. In the case of a copyright allegation, confirm that you are the owner, or an authorised representative of the owner, of the copyright interest involved or; and
• Your signature (written or electronic)

Complaint Contact Details:

Use the "Report misuse" link on any video page to report potential misuse or make a Complaint or write to Wannabe Wicked Complaints, IMP Media Ltd, Priory Park, The Great North Road, Aberford, Leeds, LS25 3DF

Orange shall use its best endeavours to promptly remove Audition Videos reported to it and which in its judgement are in breach of these rules but cannot guarantee to do so.

LIMITATION OF LIABILITY

42.YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL ORANGE, WLPL OR ITS THIRD PARTY CONTRACTORS BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO THE WANNABE WICKED SERVICE (INCLUDING FOR THE AVOIDANCE OF DOUBT THE MAKING OF AUDITION VIDEOS, PARTICIPATION IN THE FINAL AUDITIONS AND IN THE COMPETITION PRIZE), THE USE OR THE INABILITY TO USE THE SERVICE, UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE MATERIALS AVAILABLE ON OR THROUGH THE SITE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. NOTHING IN THESE TERMS OF USE AFFECTS THE STATUTORY RIGHTS OF ANY WANNABE WICKED USER UNDER APPLICABLE LAWS OR EXCLUDES OR LIMITS ORANGE’S, WLPL OR ITS THIRD PARTY CONTRACTORS’ LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THEIR NEGLIGENCE OR FRAUD, OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

GENERAL

43.Acceptance of these Terms and Conditions and the Rules is a condition of entry and receipt of an entry by Orange amounts to acceptance of the Terms and Conditions and the Rules.

44.If you do not want to grant Orange the rights set out above, please do not submit your Audition Video.

45.If any provision of these terms and conditions is held invalid by any law, rule, order or regulation of any government, or by the final determination of any court of a competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions not held to be invalid.

46.Our terms and conditions shall be governed by and construed in accordance with English Law. Both you and Orange hereby submit to the exclusive jurisdiction of the English courts.

47.Orange reserves the right to review and revise these rules from time to time without giving you prior notice. By entering the Competition subsequent to any revision of these rules, you agree to be bound by such changes.

48.References to Orange in these rules are to Orange Personal Communications Services Limited, St James Court, Great Park Road, Almondsbury Park, Bradley Stoke, Bristol BS32 4QJ.