uTure Competition Terms and Conditions of Entry
By entering the uTure Competition (Competition), entrants will be deemed to have accepted and be bound by these Terms and Conditions. These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials.
Competition company and Promoter: uTure Entertainment Ltd (Company No. 13464295) whose registered office is at The Lindens, 3 Willingham Road, Lea, Gainsborough, England, DN21 5EH (uTure Entertainment).
1. The Competition will open for entry at 18:00 BST [03:00 AEDT][10:00 PST][13:00 EST] on 9th April 2022 and will close at 18:00 BST [04:00 AEDT] [10:00 PST][13:00 EST] on 15th May 2022.
2. Entries must be received during the Competition period as set out in clause 1 above and will be deemed to be received only when received by uTure Entertainment. Incomplete, late or misdirected entries will not be considered by the Competition judging panel and uTure Entertainment takes no responsibility for entries or prize claims that are illegible, incorrectly submitted, delayed, incomplete or lost due to technical reasons or otherwise.
3. The Competition is open to submissions from entrants located anywhere in the world. However, the Competition will be operated and run in the English language and therefore each entrant must be sufficiently proficient in the English language to participate. Entrants must be aged 13 or over, and entries must not be submitted by employees of, or any individual providing a service on behalf of, uTure Entertainment or any of its connected companies, (Entrant).
4. If an Entrant is under the age of 18, they must have the permission of a parent or legal guardian prior to submitting an entry to the Competition. If you are under 18, by submitting your entry, you confirm that you have obtained such parental/guardian consent.
5. Only one entry per person will be accepted. Multiple or third-party entries are not permitted. Any Entrant trying to circumvent this rule by using alternative details including but not limited to creating multiple email accounts will be disqualified from this Competition. Entries (bulk or otherwise) made from trade, consumer groups or third parties will not be accepted. If it becomes apparent that an Entrant is using a computer(s) to circumvent this condition by, for example, the use of 'script', 'brute force' or any other automated means, that Entrant's entries will be disqualified.
6. Entrants must be free to enter the Competition and must not be restricted in any way by other commitments. By submitting your entry you confirm that you will not, in doing so, be in breach of any other contract, agreement or arrangement which would prohibit you from entering the Competition.
7. The Competition is for non-professional gamers only, and therefore only entries submitted by amateur gamers with no management and a low social media following, judged at the sole discretion of uTure Entertainment, shall be valid. uTure Entertainment reserves the right to request details of each Entrant's streaming and social media channels (including but not limited to YouTube, Twitch, Steam, Instagram and Twitter) to verify the validity of any entry submitted. Failure by uTure Entertainment to enforce any of its rights at any stage does not waive those rights
8. The Entrant shall submit their entry as a publicly available YouTube Short (being a video of no longer than 60 seconds in length created via the YouTube Shorts creation tool or uploaded in accordance with the YouTube Shorts upload tool (Mobile/PC uploads are viable)), where they are shown playing their favourite game. Each submission must include a hashtag, namely #utureshow included within the videos, title, description and/or tags. Each submission must also be an aspect ratio of 9:16 (vertical video). Each submission must contain a minimum of 5 seconds where the Entrant is clearly visible. If it is deemed by the Competition judging panel, at their sole discretion, that the entry does not meet any or all of the criteria described in these Terms and Conditions, the entry may be deemed invalid or disqualified.
9. The entry will be submitted via the uTure Competition website, in the form of an embedded YouTube link which shall direct to the entry video, and must therefore comply with YouTube's own terms and conditions and submission guidelines.
10. Once the entry is submitted on the uTure Competition Portal, the Entrant will receive confirmation of submission or, if any changes are required, what those changes are. After receiving confirmation of submission, the Entrant acknowledges that no edit, amendment or change will be accepted to the entry and it shall be judged as submitted.
11. Any gameplay shown in an entry must be played in accordance with the relevant games' terms and conditions and must not utilise any cheats or hacks.
12. Entries will be deemed invalid if an entry:
12.1. is deemed to contain by the Competition's judging panel or producers, defamatory, malicious, indecent, harassing or other inappropriate or objectionable content (regardless of whether the material might be legally protected speech);
12.2. in the reasonable opinion of uTure Entertainment, or of any individual acting on the behalf of uTure Entertainment, may cause any widespread or serious offence (taking into account prevailing community views or standards);
12.3. has been submitted in breach of any of these Terms and Conditions.
13. The Entrant confirms that any entry is their own work and not copied and shall be free from any virus, malware, bug and/or any other harmful software.
14. The Entrant also confirms that their entry does not breach any third party rights (for example, intellectual property rights) and its use by uTure Entertainment or any other person in accordance with these Terms will not breach such rights nor otherwise breach any law (for example, for the reasons set out in clause 12, it is in contempt of court or in breach of any privacy law).
15. The Entrant must not include any other person in their submission unless they have consented to the Entrant submitting the video in this Competition. The Entrant must not include any person in their submission who is under the age of 18 years, unless they have the person's parental/ guardian consent and, if the person is agreed 13 or above, that person's consent.
16. On submission, the Entrant shall confirm that the content in the entry may be used by uTure Entertainment or its designees for its own purposes including but not limited to the Competition (which means the content may be available to the public) and associated marketing purposes (including those of any of its sponsors) and Entrant hereby:
16.1. assigns absolutely with full title guarantee all intellectual property rights subsisting in the entry content to uTure Entertainment; and
16.2. waive all moral rights in and to the entry to which the Entrant may now or at any time be entitled under the Copyright Designs and Patent Act 1988 or otherwise irrevocably consent to any act or omission by or on behalf of uTure Entertainment (or any related party) that would otherwise infringe moral rights in the entry, including providing a waiver of consent under all similar legislation from time to time anywhere in the world.
The Entrant agrees, if required, to sign any documentation provided by uTure Entertainment required to affect the above clauses.
17. The Competition's producers may edit, dub, sync and/or otherwise alter each entry as they see fit and the Entrant consents to such modifications being made to their entry from time to time. They may also decide not to publish an entry or to cease publication of an entry.
Selection of progressing Entrants and notification
18. Each entry will be individually judged by the Competition's independent judging panel made up of objective and impartial judges, with entries being judged based on individual creative merit, and the decision as to which entries progress shall be at the judging panel's sole discretion.
19. The assessment of each entry will proceed in accordance with this clause 19:
19.1. Review 1: Automatic review using YouTube APIs which ensures that only videos fulfilling the following criteria proceed to the next review stage (all in accordance with clause 8):
(a) use of the hashtag #uTureshow;
(b) the video permission settings being set to public; and
(c) the duration of the Entry being 60 seconds or less.
19.2. Review 2: Review by the judging panel, including verifying that the entry contains no profanities, the Entrant is speaking in English and that the technical requirements of the Entry are consistent with clause 8 of these Terms.
19.3. Review 3: Review by the judging panel, including assessing whether the entry matches the self-description category and judging the basic presentation skills of the Entrant and the technical quality of the entry.
19.4. Review 4: Review by the judging panel, including assessing the Entrant's personality, charisma, gaming ability, and technical skills in relation to the editing and presentation of the entry.
20. The decisions of the judging panel are final, and no correspondence relating to an individual entry will be entered into with an Entrant.
21. After the closure of the Competition, and at the latest by 18:00 BST [03:00 AEDT] [10:00 PST][13:00 EST] 23rdMay 2022, the top 10 best entries will be chosen by the Competition's judging panel, and will be selected to progress to the next round of the Competition.
22. All reasonable effort will be made to contact each winner via email (to the Entrant's email address provided on sign-up). However, if a progress notification response has not be received from the Entrant by 18:00 BST [03:00 AEDT] [10:00 PST][13:00 EST] on 30th May 2022 after the notification from uTure Entertainment then the Entrant is deemed to have forfeited the opportunity to progress to the next round and an alternative Entrant may be chosen by uTure Entertainment.
23. Should the Entrant be selected to progress to the next round of the Competition in accordance with clause 16 above, the Entrant agrees and undertakes to enter into such further contracts as may be reasonably necessary with uTure Entertainment and the Entrant agrees to abide by the terms and conditions therein. Rejection of any future contracts or failure to abide by these Terms and Conditions, including if the Entrant engages in any behaviour which uTure Entertainment considers (acting reasonably) might cause its reputation to suffer (for example the Entrant making disparaging remarks about uTure Entertainment, the Competition and/or any sponsor or other entity connected with the Competition), will result in disqualification. The Entrant acknowledges and agrees that uTure Entertainment may conduct background checks on Entrants that are selected to progress to the next round(s).
24. The Entrant accepts that these Competitions Terms and Conditions may be changed at any time without prior notice. The Terms and Conditions and their interpretations are at the sole and final discretion of uTure Entertainment and the Competition judging panel and the Entrant accepts that they may be eliminated from the Competition for any reason at all.
25. Entrants must not tamper with the entry process, engage in any conduct that may jeopardise the fair and proper conduct of the Competition, breach any law, or behave in any way that is otherwise inappropriate.
26. uTure Entertainment reserves the right to verify all entries and to refuse to progress or withdraw the progression of an Entrant where there are reasonable grounds to believe there has been a breach of these Terms and Conditions or otherwise where an Entrant has gained an unfair advantage in participating in the Competition or has been progressed to the next stage using fraudulent means.
27. Each Entrant confirms that it will, during the course of the Competition, have access to confidential and inside information relating to uTure Entertainment. Each Entrant shall keep such information confidential and not disclose it to any third party without the prior written consent of uTure Entertainment, specifically including not using and/or exploiting such information for the purposes of placing or otherwise aiding betting in relation to the Competition.
28. uTure Entertainment cannot be held responsible for any technical issues, system or software failures encountered by the Entrant in any stage of the Competition. uTure Entertainment cannot be held responsible for interruptions of service. uTure Entertainment reserves the right to suspend temporarily or cancel the operation of the Competition without notice in the case of system failure, maintenance or repair or for any other reason beyond its control. uTure Entertainment does not warrant that any of the software or interfaces used in the Competition are free from viruses or anything else that has contaminating or destructive properties. Internet software or transmission problems may produce inaccurate or incomplete copies of information and materials that may be downloaded and displayed onto your computer. uTure Entertainment will not be liable for any errors, changes, or omissions that occur during transmission of information and materials.
29. Other than for death or personal injury arising from the negligence of uTure Entertainment, so far as permitted by the law, uTure Entertainment hereby excludes all liability for any loss (including special or consequential loss or loss of profits) , damage, cost expense, personal injury, illness or death whether direct or indirect, howsoever caused in connection with the Competition or any notification made by or on behalf of uTure Entertainment in connection with the Competition.
30. uTure Entertainment is not responsible for any tax implications arising from an Entrant winning a prize or advancing to the next round of the Competition. Entrants should seek independent financial advice.
31. uTure Entertainment is the data controller in connection with any and all personal data submitted by an Entrant which shall be processed and handled in accordance with its privacy and cookies policy available here. In particular, please note that if you are not selected as one of the final 10 Entrants, including where you have started the application process and confirmed your e-mail address then uTure Entertainment will retain such data as is required for the purposes of enabling you to vote in the Competition i.e., your entry account will be converted to a voter account. If you do not wish for this conversion to take place, please contact uTure Entertainment via [email protected].
32. These Terms and Conditions and any issues or disputes which may arise out of or in connection with these Terms and Conditions (whether such disputes or issues are contractual or non-contractual in nature, such as claims in tort, for breach of statute or regulation or otherwise) shall be governed by and construed in accordance with the laws of England and Wales. Entrants hereby submit to the exclusive jurisdiction of the English courts to settle any such dispute or issue.
33. If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from the Terms and Conditions and the remaining clauses shall survive and remain in full force and effect.
34. Save for where it is expressly stated to the contrary, this Competition is in no way sponsored, endorsed or administrated by or associated with any social media platform, including Facebook, Twitch, Google, Instagram and Twitter. You provide your information to uTure Entertainment and not to any social media platform. You completely release any relevant social media platforms from any and all liability.
Updated: July 2022