”Dare to Sing” Terms and Conditions
[Updated on April 24, 2019]
The “Dare to Sing” competition (the “Competition”) by MyHeritage Ltd. (“MyHeritage”) is open for groups of up to 5 people, who are all legal residents of one of the countries participating in the 2019 Eurovision Song Contest. Each group should designate one of the members as group’s representative (the “Representative”). Such Representative shall be the contact person who will apply for the Competition, accept these Terms and Conditions (also on behalf of all group members) and who should be at least 18 years of age or older on the date of the submission of the Video (as defined below). It is the responsibility of each Representative to ensure that the Video has been taken with the permission of all participating subject(s) and necessary clearances, if applicable, from the venue/location included in the Video and owners of any images/sounds within. It is also clarified that underaged can participate only if the Representative is their parent or legal guardian. In case the group wins a prize, the Representative will also be the contact person to receive the prize and for purposes of all related activities and arrangements.
The Competition is not open to: employees of, freelance contributors to (including influencers) or agencies of MyHeritage or its affiliates or group companies, as well as to anyone else connected with the Competition, including Eurovision organizers and employees of the European Broadcasting Union (“EBU”), employees of KAN 11 and family members of any of the persons referred to in this paragraph. Without derogating from the above, MyHeritage may present within the Competition’s gallery videos created by MyHeritage’s freelancers or others, for example, purposes only (“Example Videos”). Such Example Videos will not participate in the Competition and any votes for such Example Videos (if any) will be disqualified.
The Competition opens on Monday, April 8th, 2019 (“Opening Date”) at 12:00 PM GMT and closes on Wednesday, May 1st, 2019 (the “Closing Date”) at 20:00 GMT. Entries received outside of this time period will not be considered. MyHeritage reserves the right, subject to its sole and absolute discretion, to change the Opening Date and the Closing Date for any reason.
Specifications and Qualification Criteria
No purchase necessary to enter or win. Entrants into the Competition shall be deemed to have accepted these Terms and Conditions.
To enter the Competition and be qualified to win the prize, you must comply with the following requirements:
Choose a past or present Eurovision song and shoot a video with your group singing or lip singing the chosen song together, as long as, during all vocal parts of the song, there is at least one group member who is actually singing (and not lip signing) (the “Video”). The Video must be taken with all group members inside a safely and properly parked car, bus or any other vehicle.
Videos can also be taken inside the “MyHeritage Eurovision Bus”, whose details and route can be found at: https://www.myheritage.com/eurovision/bus/.
With respect to the “MyHeritage Eurovision Bus” only, Videos are also allowed to be taken with the group member/s’ outside of the “MyHeritage Eurovision Bus”, subject to the following: (1) the MyHeritage Eurovision Bus is safely parked; and (2) the members of the group are in close proximity to the MyHeritage Eurovision Bus (which can be clearly seen throughout the Video); and (3) the shooting of the Video is done in cooperation with MyHeritage Eurovision Bus’ directors and as part of the official MyHeritage Eurovision Bus tour shows.
It is hereby clarified that Videos taken in the proximity outside of other vehicles (other than MyHeritage Eurovision Bus), will not be eligible to win the prize.
Video must be 10-180 seconds long ONLY. It is highly recommended that the first frame of the Video is a frame showing most of the group members inside the vehicle (and NOT black screen, nor text).
Videos should be uploaded to EITHER Facebook OR YouTube (subject to the respective terms and conditions therein) and have the Video’s privacy setting set on “public”. You may then share it to allow people to “like” it and “comment” on it. You must tag the Video with all of these hashtags: #DareToSing #Eurovision #MyHeritage. Videos without tags or with missing tags will not be qualified to win the prize.
Video must be entered by submitting an entry using the online form provided at – https://www.myheritage.com/eurovision/daretosing. The entry must fulfill all “Dare to Sing” Competition requirements as specified herein and provide all the required information requested in the submission form, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of MyHeritage. If you use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be disqualified from the Competition at the sole discretion of MyHeritage.
All Videos must be original newly created videos that have never been uploaded to any other public platform up to 7 days before Competition Opening Date, and that have been created for the purpose of this Competition.
Entries on behalf of another person (except for the participating group members who appear in the Video) will not be accepted and joint submissions are not allowed. You are responsible for the cost (if any) of sending your Video to us. Each group member is allowed to participate in one Video only.
MyHeritage accepts no responsibility for Videos which are lost, delayed, misdirected or incomplete or cannot be delivered, uploaded or entered for any technical or other reason. Proof of delivery of the entry is not proof of receipt by MyHeritage. Each group should submit one Video only. In case of submission of multiple Videos, or submission both to YouTube and Facebook, MyHeritage is allowed to disqualify all Videos submitted or choose one of those Videos for purposes of the Competition, all at its sole discretion.
By submitting your Video to the Competition, you give MyHeritage:
- Permission for your Video to be published on the MyHeritage websites including but not limited to myheritage.com (“MyHeritage Websites”) and on all social media accounts controlled by MyHeritage, including but not limited to Facebook and Twitter accounts (“MyHeritage Social Media Accounts”), and/or to show the Video in any exhibitions and/or conferences and you grant MyHeritage an irrevocable, perpetual, non-exclusive, royalty-free, sub-licensable to MyHeritage’s Partners, as defined below, for purposes concerning the 2019 Eurovision Song Contest and related marketing activities, worldwide license to use and publish your Video (including all content of related Video posts in all of your social media accounts) in any electronic format across all media channels (including on the MyHeritage Websites and the MyHeritage Social Media Accounts) for all purposes, without limitation and without royalties, and to adapt and edit the entry to enable such publication, and you hereby irrevocably waive, for the benefit of MyHeritage, all moral rights in the Video to which you may be entitled. You also agree to provide a copy of your original Video file to MyHeritage upon request, for any use under the license described herein
MyHeritage’s Partners shall include: any and all organizations and/or companies and/or individual/s, which cooperate with MyHeritage concerning the 2019 Eurovision Song Contest and related marketing activities (for example, but not limited to: the EBU, KAN 11, Eurovision singers (past and current), social media influencers, TV Channels and bloggers etc.);
- The right to use your name, your social media account name, as well as your group members’ names who appear in the Video with you including their social media account name, country and city/town of residence of all members, for the sole purpose of publicly identifying you and group members as the authors of your Video and/or as the winner of the Competition; and
- Permission to send you e-mail/s concerning the Competition (to the e-mail address provided upon submission).
Your Video must be your own work, must not be copied, must not contain any third-party materials and/or content that you do not have permission to use, must not promote any goods or services or include any trademarks, and must not be obscene, defamatory, distasteful, offensive, or in breach of any applicable law or regulation, or in breach of any confidentiality obligations owed by you to third parties. If we have reason to believe your Video is in breach of this paragraph, then we may not consider it and may disqualify it, subject to our sole and absolute discretion. By submitting a Video to the Competition, you affirm that no copyright law has been infringed on.
If the content of your Video is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless MyHeritage, its directors, officers, employees, agents and affiliates (the “Organizers”) from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which MyHeritage may incur, suffer, or be required to pay arising out of such infringement or alleged infringement of any third party’s right.
MyHeritage reserves the right, at its sole discretion, to disqualify any Video which MyHeritage reasonably believes that any individual related to such Video tampered or attempted to tamper with its submission process and/or the operation of the Competition or Competition’s website or violates these Terms & Conditions. MyHeritage has the right, at its sole discretion, to maintain the integrity of the Competition, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; or the use of bots, macros, scripts, or other technical means for entering. Moreover, MyHeritage may disqualify Video for the following reasons: the entry does not comply with these Terms and Conditions; the Representative and/or any group member is not eligible to enter the Competition; cannot fully provide all Additional Information on time specified or cannot be contacted. In the event of disqualification, MyHeritage may select an alternative winner (in accordance with the selection processes outlined below in “Picking the winner”).
Picking the winner
Stage One – Entry and Voting Period
The voting period will begin on Monday, April 8th, 2019 at 12:00 PM GMT and end on Wednesday, May 1st, 2019, at 20:00 GMT. During the voting period, the Videos will be placed on the official Competition’s voting gallery and each person will be able to vote for each Video once. The top 10 rated Videos, that received the most votes (“Hearts”), will reach the final stage (“Finals”).
You may encourage friends and family and as many people as possible to vote for your video, however, any attempt to influence the result or subvert the Competition, beyond such encouragement, may lead to immediate disqualification.
A precondition for allowing Videos to continue to the next stages will be submitting, upon request, additional information (including, but not limited to, copies of passports valid for additional 6 months from the date of planned departure from Israel, copies of valid visa to Israel (if relevant)) and sign all documents, which MyHeritage may find relevant, at the time specified by MyHeritage, with respect to ALL group members (additional information and all documents shall be referred to hereunder together as “Additional Information”).
MyHeritage will announce which Videos reached the Finals by May 3rd.
Stage Two – Judgment
A panel of judges, comprised of independent leading professionals (from the music industry) and of MyHeritage senior employees (together the “Judges”), will select the winning Video by a fair inner scoring process, where the Video with the highest number of inner points will be the final winner of the Competition.
The Judges will be required to rate the Videos, based on the following judging criteria: Creativity and Originality, Entertainment Value and Performance Level.
Announcement of the winning Video (that received the most points from the Judges) will be published by May 5th, 2019 (the “Winner Announcement Date”). The ranking will be final determination and no correspondence will be entered into.
MyHeritage reserves the right, subject to its sole and absolute discretion, to change the dates herein for any reason.
MyHeritage 2019 Eurovision VIP Package (for up to 5 group members participating in the winning Video), which includes:
- VIP Tickets to the 2019 Eurovision Song Contest Final event on May 18th, 2019 in Tel Aviv, Israel.
- Round trip economy flight tickets to Tel-Aviv (from the 16th to the 19th of May).
- Accommodation of 3 nights at a luxurious Tel-Aviv beach hotel, Full Board (Breakfast, Lunch & Dinner).
- The following additional perks:
- Transportation from airport to Hotel and from hotel to airport.
- A visit to MyHeritage’s offices, including transportation.
MyHeritage shall have sole discretion in choosing the hotels (including rooms), flights and tickets. MyHeritage shall only be responsible for the booking of the flights and hotels and payment therefor and is not responsible for the utility, service level, quality or otherwise.
The approximated retail value of the package is: up to $8,000. Actual/appraised value may differ at time of prize award.
MyHeritage reserves right to substitute prizes of equal, or similar value. No other substitution or transfer of prizes permitted. The prize is non-exchangeable, non-transferable, is not redeemable for cash or another prize and no modifications and/or changes will be made (especially with respect to dates of flights and accommodations). MyHeritage is responsible only for prize delivery; not responsible for prize utility, quality or otherwise. Any and all prize-related expenses, including without limitation any and all taxes and fees, if any, are the sole responsibility of winners. MyHeritage may choose to remove certain options and/or change details of the perks, without being obliged to compensate winners whatsoever.
Claiming the Prize
The winning Video’s Representative will be notified by phone, social network account, personal message and/or e-mail by May 6th, 2019 and be given details of how to claim the prize. If a winner Representative does not respond within 2 days following such notification, with all information requested by MyHeritage (including, but not limited to, Additional Information), forms and details, with respect to ALL group members, or if any group member rejects the prize or if any group member cannot claim the prize for any reason, the prize will be forfeited and MyHeritage shall be entitled (but not obligated) to select an alternate Video to win the prize (next in line in accordance with the selection processes outlined in “Picking the winner”) or extend the period, all at MyHeritage sole and absolute discretion.
By participating in the Competition, submitters and participants (and participants’ parent or legal guardian if any participant is a minor) consent to the use by MyHeritage and its related companies, both before and after the Closing Date for an unlimited time, of the their voice, likeness, image, photograph and name for publicity purposes (in any medium, including still photographs and films, and on the internet, including any websites hosted by MyHeritage and its related companies) and in advertising, marketing or promotional materials in connection with the Competition, without additional compensation or prior notice. MyHeritage may also edit the Video and/or photographs and/or films or create additional videos and other content that refers to and/or incorporates the Video and/or photographs and/or films (together the “Additional Content”). MyHeritage will be the sole owner of the Additional Content and all rights thereto upon creation. MyHeritage is allowed to perpetually use and commercially exploit the Additional Content and participants’ name, voice, performance, likeness, image/photographs and face therein, without any limitations and without royalties.
Organizers accept no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by any person as a result of entering the Competition or accepting the prize. Organizers further disclaim liability for any injury or damage to any person’s computer relating to or resulting from participation in or otherwise in connection with the Competition. No liability or responsibility is assumed by the Organizers resulting from submitter’s participation in the Competition or attempt to participate in the Competition, including, but not limited to, ability or inability to upload or download any information in connection with the Competition.
No responsibility or liability is assumed by the Organizers for technical problems or technical malfunction arising in connection with any aspect of the Competition. The Organizers are not responsible for any printing, typographical, technical, computer, network or human error which may occur in the administration of the Competition, the uploading, the processing or judging of submissions or votes or the tabulating of votes, the announcement of the winners or in any Competition-related materials. Use of website is at user’s own risk.
Should any portion of the Competition be, in Organizer’s sole opinion, compromised by virus, worms, bugs, unauthorized human intervention, technical failures or other causes which, in the sole opinion of Organizers, corrupt or impair the administration, security, fairness or proper play, voting, or uploading or judging of submissions or votes, the announcement of the winner or in any Competition’s related activities. Organizers reserve the right at their sole discretion to suspend, modify or terminate the Competition, and select the winner from eligible submissions received prior to action taken or as otherwise deemed fair and appropriate by the Organizers.
By participating in the Competition, submitters and participants (and participants’ parent or legal guardian if any participant is a minor) agree that the Organizers shall not be responsible or liable for any losses, damages, or injuries of any kind (including death) resulting from participation in the Competition or any Competition-related activity, or from acceptance, receipt, possession, use, or misuse of any prize. Submitters and participants (and participants’ parent or legal guardian if any participant is a minor) also agree: (a) to release Organizers from any and all claims, damages or liabilities arising from or relating to such submitters’ and participants’ participation in the Competition and/or the acceptance, possession, use, or misuse of any prize or any portion thereof; (b) to waive all rights to claim, punitive, incidental, consequential, or any other damages; and (c) defend and indemnify and hold harmless the Organizers from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) which arise out of, relate to or result from any act or omission of submitter or participant.
MyHeritage reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Competition with or without prior notice due to reasons outside its reasonable control (including, without limitation, in the case of anticipated, suspected or actual fraud). The decision of MyHeritage in all matters relating to the Competition is final and no correspondence will be entered into.
Organizers shall not be liable for any failure to comply with its obligations relating to this Competition where the failure is caused by something outside its reasonable control. Such circumstances shall include, but not be limited to, weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, supervening legislation or any other circumstances amounting to force majeure.
This Competition is not sponsored, endorsed or administered by, or associated with YouTube, Facebook or any other social media platform on which it may be promoted.
The Competition and these Terms and Conditions will be governed by the laws of the State of Israel entrants to the Competition submit to the exclusive jurisdiction of the courts in Tel Aviv Jaffa. The Competition is void where prohibited or restricted by law and is subject to all applicable laws and regulations.
Promoter: MyHeritage Ltd., 3 Ariel Sharon St., Or Yehuda, Israel