Terms & conditions
Kreatell Music – Create Your Version of Old Habits Challenge
Terms and Conditions
Please read these Terms and Conditions carefully. By participating in the Contest described herein, you are confirming that you are eligible to enter and agree to be bound by these Terms and Conditions and any terms and conditions incorporated by reference. If you do not agree to all of the terms in these Terms and Conditions, do not participate in the Contest. There is no purchase required to participate.
1. Definitions
Artist
means the recording artist, Alan Walker;
Campaign
means the promotional activities undertaken by the Company during the Campaign Period in respect of the Track;
Campaign Period
means 10th January 2025 until 31st January 2025 (inclusive);
Company
means Kreatell Music AS, with business address Øvre Slottsgate 2B, 0157 Oslo, Norway, and with business registration number NO 913 521 099;
Composition
means the musical work currently entitled ‘Old Habits’;
Contest
means the remix contest regarding the Track;
Copyright Term
means the full period of copyright and any and all extensions, renewals and revivals of such period in any part of the Territory;
DSP
a third party digital service provider which makes Recordings available to consumers by way of digital distribution, whether by download or streaming and whether or not as part of a subscription service, and including (without limitation) Spotify, Amazon Music, Apple Music and YouTube;
Entry or Entries
means a remix of the Track made by a Participant for the Contest that is submitted in accordance with the Terms and Conditions;
Entry Form
means the entry form found on the Official Website;
Entry Period
has the meaning given in clause 2;
Official Website
https://alanwalker.com/createforchange ;
Participant
means any individual that has contributed with an Entry;
Recording
means a recording of sound, whether or not coupled with a visual image, by any method and on any substance or material, or other means by which sounds, whether or not coupled with a visual image, may be reproduced, in either case whether now or hereafter known;
Old Habits EP
means the Artist’s EP currently entitled “Old Habits EP”;
Terms and Conditions
means these terms and conditions as stipulated herein;
Territory
means the world and universe;
Track
means the Recording of the Composition as performed by the Artist;
Social Media Channel
means any of the following social media platforms: YouTube, TikTok and Instagram.
2. Term
The Contest will be open for Entries from Friday 10th January 2025 at 12:00 CEST until Friday 31st Jan 2025 at 23:59 CEST (the Entry Period). All Entries must be received by the Company by no later than the expiry of the Entry Period. The Company reserves the right to modify or extend the Entry Period at the Company’s sole discretion.
3. Participation
By submitting an Entry, the Participant acknowledges and agrees that their Entry may or may not be selected for inclusion on the Old Habits EP. The Company reserves the right to select the winning Entry at its sole discretion, and Participants whose Entries are not selected shall not be individually notified. The Company is under no obligation to provide feedback or details of the selection process.
Each Participant may enter any number of Entries.
Each Participant shall, before submitting an Entry and during the Contest, meet the following criteria:
(i) be deemed to have accepted the Terms and Conditions;
(ii) be a legal resident of the Territory;
(iii) be eighteen (18) years of age or older or (if under the age of majority in their country of residence as of the first day of the Entry Period) must have a parent or guardian’s permission to participate);
(iv) not be employed by the Company or any of its affiliates or partners, or related to anyone employed by the Company;
(v) have a valid, lawful, active, and personal Social Media Channel account;
(vi) have a valid, lawful, active, and personal e-mail address; and
(vii) not have been previously terminated or excluded from participation in the Contest.
4. Entries
Each Entry must be submitted via the Entry Form. The Entry Form must be completed, and the Entry uploaded in WAW/Mp4 format. The Entry must be received by the Company during the Entry Period for the Entry to be valid. Any Entry received after the expiry of the Entry Period shall be excluded from the Contest.
All Participants must also upload a snippet of the Entry on any of the Participant’s primary Social Media Channel accounts with the hashtag #createforchange .
All Entries must be the Participant’s own, unpublished, fully original creation and must not include any so-called “samples”.
Each Participant must comply with all related third-party terms of services, and community guidelines.
The Company will not accept responsibility for any Entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any, technical malfunction, systems, satellite, network, server, software, hardware or equipment failure.
5. Grant of Rights
The Participant acknowledges that the Track (in whole and any part thereof, including the stems) is owned by the Company and the Company grants permission to the Participant solely to include the stems (and any other materials provided by the Company) in their Entry. Any additional materials introduced by the Participant (the Works) are subject to the terms set out herein. Any rights in and to materials supplied by the Company or any other material that is made available by the Company or downloadable by the Participant as part of the Contest (including the Track) are hereby expressly reserved to the Company.
In consideration of the opportunity to participate in the Contest, the Participant hereby irrevocably and unconditionally grants to the Company, and any third parties authorised by the Company including without limitation affiliated companies, assigns, licensees, and the Artist, the following Rights, throughout the World for the Copyright Term.
The Rights shall mean all uses of the Entry that the Company and/or the Artist may reasonably require including, but not limited to:
(i) an exclusive licence of the copyright in the Works such that the Company shall be exclusively entitled, throughout the Territory to do, and to authorise others to do, all of the acts restricted by copyright (as defined in section 16 of the Copyright Designs and Patents Act 1988 (the Act), and including the equivalent acts in all other countries of the Territory) in the Entry and the Works without reference or payment to the Participant;
(ii) all consents as may be necessary or desirable to enable the Company to use and/or exploit and authorise others to use and/or exploit the Entry and the Works throughout the Territory in any and all media by any and all means now known or developed in the future without reference or payment to the Participant; and
(iii) to the extent that the Entry embodies a performance by the Participant (the Performance), all necessary performer consents (including under the Act) to enable the Company and the Company’s licensees and designees to exploit the Entry and the Work, to the fullest possible extent without reference or payment to the Participant.
The Participant hereby irrevocably waives, as against the Company, each of the Company’s assigns, licensees and successors and any other person authorised by the Company or by any of the Company’s assigns, licensees and successors, for the Copyright Term, and throughout the Territory, all moral rights or similar which the Participant may have under the laws of any country of the Territory in respect of the Works, the Performance and the Entry.
The Participant grants the Company, and any third party authorised by the Company, the exclusive and irrevocable right (but not the obligation) to use and authorise others to use the Entry in connection with the Campaign during the Campaign Period.
The Participant acknowledges that nothing contained in the Terms and Conditions or otherwise shall be deemed to require the Company or the Artist to use any Entry in any way.
6. Winners and prizes
On or around 10th February 2025, the Company will select the winning Entry (the Remix), at its sole discretion and in accordance with the provisions of clause 7 below. The Remix will be included as an “official release” on the Remix EP and the winning Participant (the Winner) will be tagged as a “remix artist” on all DSPs (where the option to do so is available and subject always to the compliance, custom and practice of the relevant DSP). The Remix will also be promoted on the Artist’s official Social Media Channel accounts.
To effectuate the release of the Remix, the Winner will be required to enter into an agreement with the Company on separate terms (Remix Agreement). The Company will be under no obligation to release the Remix if the Winner and the Company do not enter into the Remix Agreement.
Separately, on 10th February 2025, the Company will select up to two (2) Entries, at its sole discretion, and in accordance with the provisions of clause 7 below (Additional Entries) from all submitted Entries. The Additional Entries will be uploaded onto the Official Website and voters will have twenty-four (24) hours (i.e., until 11th February 2025 at 18:00 CEST) to vote for their favourite Entry. The Entry with the most votes (the 2nd Winner) will win one (1) Alan Walker signed collectible card (the Prize).
The Winner and the 2nd Winner must both be at least eighteen (18) years of age as of the first day of the Entry Period or, if younger than the age of majority in their country of residence as of the first day of the Entry Period, their parent or legal guardian must send written permission to the Company at [email protected] allowing the release of the Remix or the 2nd Winner to accept the Prize (as applicable).
The Winner and the 2nd Winner will be contacted by the Company via e-mail and must each respond to the Company within forty-eight (48) hours confirming acceptance. If either of the Winner or the 2nd Winner fail to respond to the Company’s notification e-mail sent to them within forty-eight (48) hours of transmission; or if the Company’s notification e-mail is undeliverable; or if either the Winner or the 2nd Winner is otherwise found to be ineligible or cannot accept the release of the Remix or receive the Prize for any reason; or if the Prize is returned undeliverable, the Winner or the 2nd Winner (as the case may be) will forfeit the win and an alternate winner will be selected (solely at the judges’ discretion) from all non-winning eligible Entries (the Alternate Winner). The Alternate Winner will be notified and be bound by the same conditions and timelines as stated in the Terms and Conditions.
The Company reserves the right to modify the notification procedures in connection with the selection of the Winner, 2nd Winner or Alternate Winner (if any).
The Company reserves the right not to award the Prize in the event an insufficient number of eligible Entries meeting the minimal judging criteria are received during the Entry Period, or insufficient votes are cast, or for any other reason as determined by the Company in its sole discretion.
The Company will cover any relevant delivery costs of the Prize.
7. Selection
The Company will select the Remix by judging all the Entries on the basis of the following criteria: (1) effort; (2) creativity; and (3) innovation.
The Remix shall be the Entry with the highest overall score.
The Additional Entries shall be the Entries with the next best overall scores.
8. Taxes and costs
Any and all taxes, and any other costs in connection with the Contest, an Entry or the Participant, are borne by the Participant. If any telephone, internet, network and data charges will apply (there is no additional charge to enter the Contest) then the Participant must have the bill payer’s permission prior to entering the Contest or submitting an Entry.
9. Warranties
Each Participant warrants and undertakes that:
(i) they are the sole copyright owner of the Works and the Entry (to the extent of their contribution) or, if the copyright in the Works is jointly owned with another person, that they have obtained prior written consent of any other copyright owner granting to the Company all of the rights set forth herein (including in respect of the rights granted in clause 5 above) and agreeing to be bound by all of the obligations in the Terms and Conditions;
(ii) the Works are their own, unpublished, fully original creations, and that their Entry does not infringe or violate any common law or statutory right of any third party, including, but not limited to contractual rights and copyright, or be in any way contrary to law;
(iii) they are eighteen (18) years of age as of the first day of the Entry Period or, if under the age of majority in their country of residence as of the first day of the Entry Period, have the express permission of their parent or legal guardian to participate in the Contest.
(iv) the Entry does not and shall not contain any material that;
(a) constitutes personal or identifying information about any individual;
(b) constitutes a virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is harmful or invasive or may, or is intended to damage or hijack the operation of, or to monitor the use of, the Company or any of their hardware, software, or equipment;
(c) constitutes any advertising, promotional material, or other form of solicitation; or
(d) violates any other applicable terms and conditions stipulated by third parties (e.g., any Social Media Channel).
(v) they expressly agree to all terms in the Terms and Conditions; and
(vi) they are aware of and expressly consent to the use of the Entry within the Campaign in all media (including, but not limited to, on any Social Media Channel).
Each Participant acknowledges and accepts that in no event shall the Participant be entitled to injunct, enjoin, restrain, or to seek to injunct, enjoin or restrain or seek any other form of equitable relief preventing the exploitation or distribution of the Entry in the Campaign at any time.
If any Participant is younger than the age of majority in their country of residence as of the first day of the Entry Period, then such Participant’s parent or legal guardian must provide written permission to the Company allowing the Participant to take part in the Contest by sending a signed permission statement to the Company at the following e-mail address: [email protected].
10. Indemnification
The Participant is responsible for making sure that their Entry complies with all applicable laws, rules, regulations, and sanctions. Each Participant agrees to indemnify and hold the Company and the Company’s respective subsidiaries, affiliates, partners, dealers, promotions agencies, partners, representatives, agents, successors, assigns, employees, officers and directors and any parties affiliated with the Company or involved in the Contest (“Released Parties”), harmless from any liability, loss or damage they may suffer as a result of claims, demands, costs or judgments against them arising out of the activities to be carried out pursuant to the Terms and Conditions, including, but not limited to, the content of the Participant’s Entry. The Company shall not be liable for any claims, actions, injury, loss or damage of any kind, pursuant to the Contest or the Terms and Conditions. Furthermore, by participating in this Contest and/or submitting an Entry, each Participant agrees to indemnify and hold harmless the Released Parties from and against any third-party claim arising from use of the Entry.
11. Data and Privacy
All Entries will be processed in accordance with a privacy policy (https://alanwalker.com/?privacy-policy) which applies to the Participants’ involvement in the Contest including how the Company handles any data submitted by the Participant.
By participating in the Contest, each Participant acknowledges that any personal data provided by the Participant will be processed by the Company for the purposes of carrying out its obligations pursuant to the Terms and Conditions and receiving the benefit of the Rights granted in clause 5. The Participant’s personal data will be is stored electronically in accordance with the Data Protection Act 2018, and that the personal data may be published by the Company, its licensees, its subsidiaries or it partners as described in clause 5.
All personal data that is obtained by the Company, its licensees, its subsidiaries or its partners, under the Contest, will be handled in accordance with the Data Protection Act 2018. The Company will be the data controller in respect of all personal data provided by the Participant pursuant to the Terms and Conditions.
12. Reservations
The Company reserves the right to exclude and suspend Participants from the Contest and deny any Participant any winning, should such Participant fail to comply with all Terms and Conditions as stipulated herein or attempt to interfere with the Contest in any way.
The Company reserves the right to cancel, terminate, modify, extend or suspend the Contest without liability in the event an insufficient number of eligible Entries are received. The Company reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend the Contest should it determine (in its sole discretion) that a virus, bug, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. The Company reserves the right, in its sole discretion, to disqualify any Participant it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or the Official Website.
13. Limitation of Liability
Any potential winner may be requested to provide the Company with proof that such winner is the active account holder of the Social Media Channel account associated with the Remix. Any other attempted form of entry is prohibited; no automatic, programmed, robotic or similar means of entry are permitted.
Insofar as is permitted by law, the Company or its assigns or licensees will not in any circumstances be responsible or liable to compensate any Participant or accept any liability for any loss, damage, personal injury or death occurring as a result of creating and/or submitting an Entry except where it is caused by the negligence of the Company, its agents or distributors or that of their employees. Participants statutory rights are not affected.
The Company and Released Parties are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, website, Internet, or ISP availability, unauthoriaed human intervention, traffic congestion, incomplete or inaccurate capture of Entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to Participant’s or any other person’s computer relating to or resulting from participating in the Contest or downloading any materials in this Contest. The Company may prohibit a Participant from participating in the Contest or winning if, in its sole discretion, it determines that said Participant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs), using multiple accounts to enter or intending to annoy, abuse, threaten or harass any other Participants or the Company’s representatives.
ANY ATTEMPT BY ANY PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE COMPANY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
14. Force Majeure
The Company and its licensees, affiliates and assigns reserve the right to cancel the Contest or amend the Terms and Conditions without notice in the event of circumstances outside their control, including but not limited to, a major catastrophe, war, civil or military disturbance, strike, earthquake or any actual, anticipated or alleged breach of any applicable law or regulation or any other similar event. No liability shall be attached to the Released Parties as a result thereof. Released Parties are not responsible if the Contest cannot take place or if any prize cannot be awarded including, but not limited to, due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
15. Governing Law
These Terms and Conditions shall be construed and interpreted in accordance with the laws of England and Wales and and all disputes arising in connection with the Terms and Conditions shall be subject to the exclusive jurisdiction of England and Wales save that nothing in this clause shall limit the right of the Company to take proceedings in any other jurisdiction for the purpose of enforcing the Company’s rights in that other jurisdiction.
For more information or if you have any questions, please contact [email protected].