Terms and Conditions

The Magicians © Universal 2007

Video "Magic Act" Competition

Universal Pictures International UK and Eire Limited


Terms and Conditions of Entry: Video Competition

Please read the following carefully as it constitutes a legally binding document. In the event that you are unsure of anything contained in it please seek the advice of a suitably qualified person.


1. Information on the prize and how to enter forms part of these terms and conditions of entry (the "Conditions"). By entering the promotion you agree to be bound by these Conditions and all decisions of the promoter which are final in all matters relating to the promotion.

2. The promotion and these Conditions are void where prohibited by law.

3. Any changes to these Conditions will be published on the Magicians Myspace.com domain webpage located at www.myspace.com/magiciansmovie

4. The promoter is Universal Pictures International UK and Eire Limited ("Universal") (Company Registration in England Wales: 5928737) registered at Prospect House, 80-110 New Oxford Street, London, WC1 1HB.

5. The Competition is open to all UK and Channel Islands residents except employees of Universal and its subsidiaries and affiliated companies, and members of their immediate families or households.

6. Entry is free. No purchase necessary. If you are under 18 you must obtain consent from your parent or guardian before entering.

7. To enter, submit a short video of less than 3 minutes in length of you (the "Entrant"), either filming yourself, and/or any number of participants up to a maximum of 3 people, performing an original magic trick. In order for a magic act to be original the magic act must not replicate an identifiable performance, and must be unique and original and not in whole or in any material part, derivative, must not replicate any copyrighted performance or segment of a pre-existing performance (including any performance from the original motion picture "the Magicians" © Universal 2007 or any related promotional material) nor can you represent what is demonstrably somebody else's performance as your own performance. In agreeing to the Conditions you warrant that the entry submitted is original to you. The entrant's video should be your own work under the relevant copyright laws (see Condition 10.c and 20. below in relation to participants) and shall not have been previously published or exploited in any part and will not infringe any right of privacy, right of publicity or personality or any other right whatsoever of any third party individual. You hereby agree not to send to Universal any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material that would violate any law. You shall be the sole author of the video and the sole absolute unencumbered legal and beneficial owner of all rights of copyright and other rights to the video. Universal reserves the right to adjudge whether an entry is demonstrably derivative but the entrant takes sole responsibility for warranting that the performance is an original performance.

8. You must submit your entry by going to www.myspace.com/magiciansmovie and following the instructions on the webpage

9. Please note that mobile phone video recordings will not be accepted.

10. Preference will be given to entries which will not place either the Entrant or Universal under any obligations to secure any legal consents and releases of any kind for use of the video. Such releases will be necessary where:

a. the performance is filmed in a premises or location not belonging to the Entrant. The Entrant accepts sole responsibility for obtaining the consent of the owner of the premises or outside location for filming of the video by obtaining his/her signature on the official "location release" (supplied further to this Competition). Preference will be given to entries which comprise of the Entrant filming themselves in front of a plain background devoid of logos or other trademarked or copyrighted material and preferably not an outside location with visible or recognisable signs;

b. the performance includes any background music (instrumental or visual vocal). Such background music will need to be removed in the absence of Universal obtaining licences for use, which may not be acquirable;

c. all participants in the making of the video must agree to waive any intellectual property rights that they may have in the video so that the single Entrant is the owner of the video. Only one person is allowed to own and enter each video and the Entrant accepts sole responsibility for obtaining such permissions;

d. the performance includes any third party brands, logos or other identifiable marks that would require clearance in accordance with the law.


11. The competition closes at 5.00pm GMT on 16 May 2007. Entries are deemed to be received at the time of receipt by Universal and Universal's records are conclusive as to the time of receipt. Universal reserves the right to extend the Competition and all dates are subject to change if necessary at Universal's discretion.

12. The winners will be selected by a panel of judges from Universal and its affiliate companies judging the best 2 overall entries that best perform an original magic trick in accordance with suitability criteria chosen by Universal (including a lack of any necessity for Universal or the Entrant to obtain any clearances, consents or releases specified above in Condition 10) from a review of all eligible entries. The judges' decision is final and no correspondence will be entered into, including in the event of a dispute. Chance plays no part in determining the winner nor will the decision of the judges be generated by an automated source.

13. The winners will be notified and the winners' entries will be published on the www.myspace.com/magiciansmovie website within 10 days after selection. Universal also reserves the right to publish the winner's entry on the Universal website www.universal.com .

14. If the winner is not immediately identifiable or contactable Universal will make reasonable efforts to identify and/or contact the winner. If the winner has not accepted the prize by 24 May 2007 or such other time as decided by Universal, at its sole discretion, Universal reserves the right to publish the entry anyway (provided that the Supporting Agreements are completed, signed and valid and that in all other respects we have been able to verify that the winner was eligible to enter and win). In the alternative, the next best entry will be selected as a winner.

15. No entries from agents, third parties, organised groups or applications automatically generated by computer will be accepted. No incomplete, illegible or corrupted entries or those that are not in accordance with the entry instructions will be accepted. No responsibility is accepted for late, lost or misdirected mail or any errors or failures in internet, network, computer hardware or software failures or other communications of any kind. Proof of sending is not proof of receipt. Universal reserves the right to cancel or modify the promotion if, in its sole discretion, the administration of the promotion is impaired for technical or other reasons beyond its reasonable control and, in such an event, may select the winner from all valid entries received prior to the impairment.

16. The 2 prizes for the 2 winning entries consist of:

a. publication of the winning entry in the "extras" segment of the DVD "the Magicians" © to be distributed in such territories as Universal may decide at its sole discretion; or

b. lunch with David Mitchell and Robert Webb, stars of The Magicians © Universal 2007 motion picture (at a selected time, date and restaurant),

with Universal having the right at its sole discretion to decide which winner will be allocated which prize. Universal will not accept aggressive or persistent "lobbying" by entrants, or the winners in relation to the allocation of prizes, and reserves the right to disqualify entrants based on such actions.

There are no other prizes associated at this time with this promotion subject to waiver or amendment by Universal at its sole discretion.


17. Universal accepts no responsibility for any variation in the prize before or after the closing date. The prize cannot be transferred, substituted or redeemed for cash. Universal reserves the right in its sole discretion to substitute the prize with cash or a prize of non-monetary value if the prize cannot be awarded as described for any reason.

18. Entrants will be responsible for all costs, charges, taxes and insurance connected with the submission of their entry.

19. Entrants agree that entry into the Competition is conditional upon compliance with all relevant laws, rules and regulations and upon the entrants releasing Universal and its affiliates, subsidiaries, directors, officers, employees and agents, from any and all liability, claims, demands and causes of action for any personal injury or other loss or damage (including but not limited to indirect or consequential loss) suffered in connection with the entrant's actions and submissions, except for any liability which cannot be excluded by law. All Entrants shall indemnify and hold the Universal harmless from any claims, actions, proceedings, costs and expenses arising as a result of any allegation that you did not own or were not wholly entitled and authorised to allow publication and reproduction of the work by Universal.Universal reserves the right to disqualify the winner at its absolute discretion in the event of non-compliance or the failure to provide such releases.


20. On submission, your entry becomes the property of Universal. As the "author" of your entry, you warrant that your entry is original and your own work. By submitting your entry, you are providing to Universal a worldwide, perpetual, irrevocable assignment of all of your moral and copyright rights in the video entry to reproduce, publish, adapt, communicate and broadcast all or part of your entry in any form and media. You must secure all necessary rights from all participants in and contributors to your entry to ensure that your entry may be used by Universal under the assignment granted above. We reserve the right to request that you sign a waiver agreement. You also consent to us using your name, image, likeness, voice, appearance and/or performance in your entry, and those of your participants (who shall be fully consenting to the foregoing) and editing your entry, and re-using, storing, reproducing and communicating your entry in any medium. Each Entrant assigns all rights including without limitation trade marks, design rights and any other rights (whether registered or unregistered) in the Entrant's video whether now known or created in the future to the Universal. Each Entrant acknowledges that the Universal shall have the right to use that Entrant's video for Universal's brand related activity (including showing the video on the Competition website at www.myspace.com/magiciansmovie or any other webpage or website that Universal may designate for use through itself, its parent companies, affiliates or promotional partners). Entrants agree to execute all such documents as may be required to assign the rights in the video to Universal at any time. Universal will decide in its reasonable discretion whether you will be attributed for your entry. Personal information contained your entry will be used by Universal and its parent companies, affiliates and promotional partners for the purposes of conducting the promotion and will be shared with the promotional partners only as necessary to award the prize. Universal reserves the right to use the winners' names and photographs for future marketing purposes, including on the Universal website www.universal.com unless otherwise advised by the winner. Where you have advised Universal that you wish to receive the Universal newsletters or marketing information, your personal information will also be used for those purposes. You can view Universal's privacy policy at http://www.universalpictures.com/legal/privacy.html and the Universal MySpace.com "the Magicians" Universal © 2007 Webpage Privacy Policy at www.myspace.com/magiciansmovie

21. Entries will not be returned to entrants.

22. Nothing in these Conditions shall create a partnership or joint venture by or between Universal and MySpace.com, and neither party will be, or will hold itself out to be, the agent of the other, irrespective of any branding or promotional agreement between the two in relation to this Competition.

23. These Conditions shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction.

24. Use of the webpage www.myspace.com/magiciansmovie shall be covered by the standard Terms and Conditions of Use © 2006 Universal Studios of all Universal company websites accessible at www.universalpictures.com/legal/index.html

25. By entering the Competition, the Entrants are deemed to accept and be bound by the rules and consent to the transfer of their personal data to the Data Controller for the purposes of the administration of this Competition and any other purposes to which the Entrant has consented. All entry instructions form part of the rules of the Competition. Data Controller: Universal