Terms and Conditions
Hashtag Rights Request Terms and Conditions
Terms and conditions for content providers to Concord Theatricals and The Irving Berlin Music Company for the “No Business Like Show Business” campaign at https://www.concordtheatricals.co.uk/showbusiness,
https://www.concordtheatricals.co.uk/showbusiness-feed and https://www.irvingberlin.com/show-business.
By replying to Concord Theatricals’ and The Irving Berlin Music Company’s request to participate in the “No Business Like Show Business” campaign through your use of the hashtag #NoBusinessLikeShowBusiness on any and all social media platforms, you agree to all of the following terms and conditions:
Eligibility: You must be 18 years of age or older and have the legal right to enter into this agreement and to grant any and all rights to your name, username, and image (collectively "Name") and user-generated content (“Content”) in the form of original photography, artwork, video or text.
Non-Confidentiality: You understand and agree that your Name and Content will be publicly displayed, and that such information shall not be treated as nor deemed confidential. By replying to Concord Theatricals’ and The Irving Berlin Music Company’s request to participate and using the hashtag #NoBusinessLikeShowBusiness, you grant Concord Theatricals and The Irving Berlin Music Company the unlimited, worldwide right to use and share your Name and Content on its websites, https://www.concordtheatricals.co.uk and https://www.irvingberlin.com; in all of its social media channels (e.g., Facebook, Twitter, Instagram, YouTube and Pinterest); in its printed marketing material and digital ads; and other promotional materials of any kind or type.
User Generated Content: You hereby grant Concord Theatricals and The Irving Berlin Music Company a perpetual, transferable, sublicenseable, non-exclusive, worldwide license to (a) use, copy, transmit, distribute, reproduce, modify, create derivative works from, adapt, combine with other ideas or works, publish, translate, publicly perform, publicly broadcast and publicly display your Name and Content (or any modification thereto) in whole or in part, in any format or medium now known or later developed, and (b) use (and permit others to use) your Name and Content in any manner and for any purpose, including without limitation: marketing, advertising, commercial or promotional purposes at Concord Theatricals’ and The Irving Berlin Music Company’s sole discretion. For the avoidance of doubt, Concord Theatricals and The Irving Berlin Music Company shall have no affirmative obligation to use the Name and Content, as authorized in this Agreement. You agree that you are solely responsible for your Content. Concord Theatricals and The Irving Berlin Music Company shall not be required to host, display, or otherwise distribute any Content on or through its websites or on any social media platform. Concord Theatricals and The Irving Berlin Music Company may remove Content at any time, without prior notice, or reject Content for any or no reason. Concord Theatricals and The Irving Berlin Music Company shall not be responsible for any loss, theft, misuse or damage of any kind to your Content.
Representation and Warranties: By replying to Concord Theatricals’ request to participate in the “No Business Like Show Business” campaign with the hashtag #NoBusinessLikeShowBusiness, you represent and warrant that:
- You are at least 18 years of age and you have the legal right to enter into this agreement.
- Except to the extent that the Content includes the Irving Berlin song “There’s No Business Like Show Business” or Concord Theatricals’ custom “Irving Berlin” GIF (the “Berlin Content”), you own all rights in and to your Name and Content including without limitation, all rights to the audio, video and or digital recording and performance contained in your Content (if any), and/or you have acquired all necessary rights to the elements appearing in your Content to enable you to grant all the rights to Concord Theatricals as described herein.
- Except to the extent your Content includes the Berlin Content, your Content is wholly original and does not infringe on the copyright, trademark, patent, trade secret or any other intellectual property rights, privacy rights, or any other legal or moral rights of any third-party individual or entity.
- You agree to release and allow all creative license and creative treatment in the use and production of your Content without prior notice at the sole discretion of Concord Theatricals.
- You voluntarily agree to waive all “moral rights” that you may have to your Content.
- Any information contained in your Content is not known to or reasonably believed by you to be false, inaccurate or misleading.
- Your Content does not violate any law.
- You were not and will not be compensated or granted any consideration by any third party for submitting your Content.
- You have not been and will not be compensated or granted any consideration in any way by Concord Theatricals for the use of your Name or Content.
- Your Content does not incorporate materials from a third-party website, copyright-protected materials (other than the Berlin Content), or personally identifiable information of anyone other than yourself.
- Your Content does not reflect negatively in any way upon Concord Theatricals, Irving Berlin or the marketing, advertising, commercial or promotional efforts of Concord Theatricals.
Release: You irrevocably release and forever discharge Concord Theatricals, The Irving Berlin Music Company and its agents, directors, officers, affiliated entities, employees, contractors and third party providers (“Released Parties”) from any and all actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter may have against any of the Released Parties, or their respective successors or assigns, arising out of or related in any way to use of your Name, Content or anything contained therein.
Indemnification: You agree to indemnify, defend and hold harmless Concord Theatricals, The Irving Berlin Music Company, and its agents, directors, officers, affiliated entities, employees, contractors and third-party providers (“Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses or fees (including reasonable attorney’s fees) that any of the Indemnified Parties may incur arising out of or related to the Name, Content or your breach of these terms and conditions. Concord Theatricals and The Irving Berlin Music Company reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with Concord Theatricals’ and The Irving Berlin Music Company’s defense of such claims at your own expense.
Modifications to these Terms and Conditions: Concord Theatricals may, at its sole discretion, change these Terms and Conditions at any time. Any changes will be posted on https://www.concordtheatricals.co.uk/ShowBusiness-Terms-And-Conditions and will be effective upon posting unless another effective date is specified.
Takedown: In the event you wish to have your Content removed from Concord Theatricals’ and The Irving Berlin Music Company’s website, please contact [email protected]. Concord Theatricals and The Irving Berlin Music Company will make every commercial reasonable effort to remove your Content as soon as possible, however Concord Theatricals and The Irving Berlin Music Company reserves the right to deny such request. Please be aware that not all content is capable of being completely or permanently removed.