NOTE: MUSIC ENTRIES MUST BE ORIGINAL, PLEASE READ CLAUSE 4

For the purpose of these terms and conditions, any use of "O2" or the "Promoter" means Telefónica O2 UK Limited of 260 Bath Road, Slough, Berkshire SL1 4DX and "you", or "your" refers to you, an entrant to the competition (including where the entrant is a band, each member of the band). By entering the O2 Undiscovered 2008 Access to Play Competition (the "Competition") you are deemed to have accepted these terms and conditions. You also agree to be bound by our general terms and conditions located at o2.co.uk/termsconditions ("General Terms"), including in particular those related to User Generated Content.

Entry to the Competition

1. Entries will be accepted from individual artists and bands subject to compliance with the terms and conditions below. You (and all band members) must be aged 18 or over and a resident of the UK. The Promoter reserves the right to verify the eligibility of entrants and to refuse or reject any entries, including those in breach of these terms and conditions. Proof of age may be requested. No correspondence will be entered into.
2. To enter the Competition you need to complete the O2 Undiscovered Competition application form and submit your music demo by uploading your MP3 track ("Music Entry") via the O2 Undiscovered website at o2undiscovered.com. Your Music Entry may consist of only one track and must not exceed 5 mb file size. Please note that once submitted onto O2undiscovered.com, entries cannot be returned under any circumstances.
3. The competition opens on 15 May 2008 and the closing date for entries is 1st November 2008.
4. The track contained in your Music Entry must be your own original work. Cover versions or music demos containing samples of music and lyrics will not be accepted. For the avoidance of doubt, O2 confirms that you will retain ownership of your Music Entry, however please see clause 17 for details of the ways O2 may use your Music Entry.
5. The Promoter reserves the right to reject Music Entries which do not comply with these terms and conditions and/or which contain any words or lyrics which are potentially offensive, defamatory or are in any way derogatory about the Promoter. The Promoter accepts no responsibility for entries lost, delayed or damaged in transmission.

Images

6. You will also be given the opportunity to submit imagery and photographs to accompany your Music Entry ("Visual Materials") via the O2 Undiscovered website. This will not form part of your Music Entry but may be used by the Promoter to promote your Music Entry, O2 and/or the Competition. All Visual Materials submitted by you must comply with our General Terms including, in particular, those specifying what is acceptable content.
7. The Promoter will review the Visual Materials you submit for suitability and compliance with these terms and conditions and the General Terms and other criteria and may reject or accept the Visual Materials for any reason in its absolute discretion. Further, O2 may at any time and without notice or further liability to you remove and destroy the Visual Materials. O2 may notify law enforcement authorities if your Visual Materials contain illegal content.

Selecting the Winner

8. All valid entries will be reviewed and those that are shortlisted may be asked to provide other material and information and/or one of the Promoter’s team will go to see the shortlisted entrants play live before picking the Winners. Winners and finalists will be selected by an independent judging panel of music industry representatives ("Judging Panel") on the basis of the below criteria. All bands selected as Winners by the Judging Panel will be informed in writing of the date and slot selected for their performance and will have seven days to confirm that they will play the slot selected. Each prize is awarded conditionally upon the acceptance of the applicable winner and if that winner is unable to be contacted after a reasonable period or if any prize is unclaimed or declined within a reasonable period, the prize shall be deemed as unclaimed or unaccepted and a supplementary winner may be selected at O2's discretion.
9. Winners will be chosen by Judging Panel vote which shall be on the basis of the following criteria: judges will discuss the merits of each entrant in relation to the stated aim of O2 Undiscovered to develop the musically gifted.
10. The judges decision is final and no correspondence will be entered into.

Prize

11. The winners of the Competition, as selected by the Judging Panel, will receive the opportunity to perform within The O2 entertainment precinct . The performance will be on the temporary Busking Stage located at The O2 on a day between 1 June 2008 and 31 August 2008, the exact date to be advised by O2 ("Performance"). The length of the set will be between 20 and 40 minutes.
12. Travel for each winning band and its equipment to and from the venue will be provided by O2, subject to a maximum cost of £250. Any additional travel costs will be the responsibility of the band. Travel to and from the venue will be on the same day unless otherwise arranged by O2. No other out of pocket expenses, insurance, accommodation, meals or drinks are included. Winners need to provide in writing details of all equipment that will need to be transported no later than seven days prior to the Performance.
13. The Promoter reserves the right to provide a substitute prize of similar value should the specified prize (or any part of it) become unavailable. The Promoter will not be responsible for any delay or cancellation of any element of the prizes you have won nor for any inability on the prize winner's part to take up the prize.
14. Prizes cannot be transferred. No cash or credit alternatives will be offered

License and Intellectual Property Rights

15. Prior to entering the Competition and submitting your Music Entry and Visual Materials if applicable, to O2, you must ensure that O2 has the right to use such Music Entry and Visual Materials in relation to the Competition or any marketing associated with the Competition and as set out in these terms and conditions. By providing your Music Entry and Visual Materials if applicable, you agree and warrant that all clearances, licenses and consents necessary for the use by O2 of the Music Entry and Visual Materials have been obtained by you so that O2 may freely use and distribute the Music Entry and Visual Materials without any liability to third parties in accordance with these terms and conditions and further that such use of the Music Entry and Visual Materials does not infringe the intellectual property or privacy rights of any third party, including without limitation, copyright and performance rights. You confirm that you have the consent of any identifiable individuals featured in the Visual Materials and agree to indemnify and hold O2 harmless against all claims demands actions and proceedings, losses and expenses (including legal expenses) incurred in consequence of O2’s use or exploitation of the Music Entry and Visual Materials in connection with the Competition or otherwise in accordance with these terms and conditions.
16. O2 may record your Performance ("O2 Recording") and you agree and warrant that all clearances, licenses and consents necessary for the Performance itself and the use by O2 of the O2 Recording have been obtained by you so that O2 may freely use and distribute the O2 Recording without any liability to third parties in accordance with these terms and conditions and further that the Performance and O2’s use of the O2 Recording does not infringe the intellectual property or privacy rights of any third party, including without limitation, copyright and performance rights. You agree to indemnify and hold O2 harmless against all claims demands actions and proceedings, losses and expenses (including legal expenses) incurred in consequence of your Performance and/or O2's use or exploitation of the O2 Recording in connection with the Competition or otherwise in accordance with these terms and conditions.
17. O2 may wish to use your Music Entry, Visual Materials and the O2 Recording in several ways including exploiting them and distributing them for free via O2’s services, to promote O2 and/or the Competition, and to create ringtones, videos and wallpapers derived from the Music Entry, Visual Materials and/or O2 Recording which may be broadcast, distributed and/or exploited by O2 on a free of charge basis only (the "Purpose"), and you grant O2 license to do this in clause 18. If O2 wishes to exploit your Music Entry, Visual Materials or the O2 Recording commercially, it will negotiate with you and agree a reasonable license fee before doing so. You acknowledge and agree that O2 may, in its sole discretion and without notice to you, adapt, reformat, edit, alter, tag or otherwise modify your Music Entry and Visual Materials for the Purpose. Unless agreed otherwise in writing, O2 will not make any payments to you or any third party for its use of your Music Entry, Visual Materials or the O2 Recording for the Purpose.
18. The Promoter does not claim ownership of your Music Entry, Visual Materials or the material comprised in the O2 Recording and you continue to own the rights in such material. However, by taking part in this Competition and submitting your Music Entry and Visual Materials, you hereby grant to O2 a worldwide, perpetual, irrevocable, royalty-free right and license to copy, use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from, perform, play, make available to the public (on O2’s services or in relation to O2 sponsorship properties), exploit, transmit, distribute in any media now known or later developed and otherwise deal in or with and exercise all copyright and publicity rights with respect to your Music Entry, Visual Materials and the O2 Recording for the full term of any rights that may exist only as required for the Purpose. This license is granted on an exclusive basis for a period of one year from the end of the Competition.

Winner’s Obligations

19. The winner may be required to participate in publicity in connection with the Competition or with O2 music events for a year after winning the Competition, including any future O2 Undiscovered activity that will occur the following year.
20. As a condition of entry, if you win the Competition, you agree to the following:-
    • you will participate in such activities as may be agreed between you and O2, including press interviews, mobile blogs, personal appearances, performances at O2 live events, online chats and TV appearances
    • if O2 so requests, you will perform at one of the O2 Wireless Festival events that take place in the year following the end of the Competition
    • if you perform at any live events during the year following the end of the Competition, you will, where possible, give O2 the opportunity (if O2 wishes to do so at its sole discretion) to record your performance and any associated backstage footage and distribute and exploit such audio-visual recording in any way it chooses in any media (including without limitation mobile, online and TV broadcast) in the United Kingdom

Data Protection

21. The information you provide in your application form (including any sensitive personal data volunteered by you) and any other information provided by you may be used by the Promoter for the following purposes: it may be used for marketing purposes such as to offer you details of O2 goods or services that may be of interest to you. Information which you provide to O2 is also subject to O2’s Data Protection and Privacy Statement, the current version of which can be found at o2.co.uk/termsconditions/o2privacypolicy and shall be deemed incorporated into these terms and conditions.

General

22. The Promoter reserves the right to review and revise these terms and conditions from time to time without giving you prior notice and by continuing to take part in the Competition subsequent to any revision of these terms and conditions, you agree to be bound by such changes.
23. These terms and conditions are governed by English law and are subject to the exclusive jurisdiction of the English courts.