regulation, StarAfrica sounds, music, StarAfrica.com

RULES OF THE PROMOTIONAL GAME “StarAfrica Sounds”

Clause 1.    The Organiser and Purpose of the promotional game

The company Starafrica, a limited company with share capital of 27,750 euros which has its registered office at 6 place d’Alleray, 75015 Paris, and is registered at the Trade and Companies Register of Paris under number 501 614 788 (referred to hereinafter as “Starafrica” or “the Organising Company”), represented by Ms Corinne LOZE in her capacity as the Chief Executive Officer of the company, is organising a promotional game monitored by a court bailiff, without any purchase obligation, entitled “StarAfrica Sounds” referred to hereinafter as the “Game”).

It shall be possible to participate in the Game on the internet only.

The Game consists for its Participants of uploading to the website www.Starafrica.com (referred to hereinafter as “the Website”) their original musical performances (referred to hereinafter as the “Sound Files”) for the purposes of selecting, from amongst the uploaded performances, one performance which shall become the signature music of the website Starafrica for the year 2010.

Non-compliance with the conditions of participation set out in these Rules (referred to hereinafter as the “the Rules”) shall result in the invalidity of the participation.


Clause 2.    Duration

The Game shall take place from 22 March 2010 (08:00 GMT) to 17 May 2010 (14:00 GMT).

The Organising Company reserves the right to extend, modify, cancel or restart the Game if the circumstances so require. Participants shall be notified of any modification by e-mail.

In any event, the liability of the Organising Company shall not be engaged on this basis.


Clause 3.    Participation

Participation in the Game shall be opened to natural persons aged 18 and over, who have access to the internet and who have an e-mail address (referred to hereinafter as the “the Participant/Participants”). In the event that a Participant is a minor, such minor represents and acknowledges that he has obtained permission to participate from the person(s) exercising parental authority over him and that the person(s) exercising such parental authority have agreed to guarantee compliance on the part of the Participant with all of the provisions hereof. The participation of any minor shall be subject to the exclusive liability of the person(s) exercising parental authority over such minor.




The following persons shall not be permitted to participate in the Game:
-    Those persons who have collaborated directly or indirectly in the organisation of the Game (such as the personnel of the companies Starafrica and Africa Unsigned, the partner of Organising Company), and the members of their families;
-    The four (4) professionals from the singing world listed in clause 6 hereinafter and the members of their families;
-    The personnel of the firm of Maître ALLIEL, a bailiff, and the members of their families.

Only one contribution per household/account/IT station (using the same name and the same address) shall be accepted. The completion of any further form shall lead to the elimination of the Participant.

Each Participant shall authorise the Organising Company to carry out all of the necessary checks relating to the identity, contact details or the date of birth of the Participants. Any false, incomplete or fraudulent information shall result in the cancellation of the participation.

Clause 4.    Participation conditions

Stages of participation in the Game:
- Between 22 March 2010 at 8:00 GMT and 19 April 2010 at 12:00 GMT, the Participants shall upload to the Website www.starafrica.com the Sound File in the format “.mp3”. The Sound File so uploaded shall have a maximum size of five (5) Mb and a maximum duration of four (4) minutes.
- the Participants must fill in the participation form made available online in the context of the procedure for uploading the Sound File.

From the upload of the Sound File and the validation by the Participant of his participation form, the Participant shall no longer be entitled by any means whatsoever to modify the Sound File uploaded to the Website or to erase it.

The Game may be played on the internet from a computer and/or any terminal equipped with internet access at the address www.starafrica.com and in the “Musique” section of the Website, by means of the participation form made available.

The participation form shall include mandatory fields which must be filled in, for example surname, name, first name, e-mail address, country and musical genre.

The Participant undertakes to fill in accurately all of the mandatory fields in order to validate his participation and to be contacted in the event of winning.

Any incomplete, inaccurate, false, counterfeit or fraudulent participation cannot be taken into consideration and shall be sanctioned by a formal and definitive prohibition on taking part in the draw.

Participation in the Game shall be free and without any obligation to purchase (apart from the cost of a mobile internet connection/fixed data charge).

Participation in the Game shall involve the unconditional acceptance of the Rules in their entirety, the rules of good conduct in force on the internet and well as the laws and regulations applicable to promotional games which are in force in France.

Clause 5.    Prizes

Prizes shall be distributed in the following manner:

- 1st prize: The studio recording of an album in a studio which will be selected by the Organising Company and which shall be equipped with the necessary technical equipment. The musicians and backing singers necessary for the recording of the songs presented by the winner shall be engaged, with the Organising Company reserving its right to refuse any request of the winner relating to the resources to be made available for such recording, taking into account the total value of the 1st prize which may not exceed 5,000 euros (five thousand euros), including all of the costs associated with the recording (rental of the studio, musicians, technical equipment, backing singers). The album shall include a maximum of five (5) tracks, none of which may last longer than four (4) minutes and thirty (30) seconds.

The distribution (the reproduction of several copies of the album recorded) and the marketing of the album shall not be included in such prize and shall be the responsibility of the Participant.

- 2nd and 3rd prizes: One (1) Nokia 6630 mobile telephone with a nominal value of 139 euros (one hundred and thirty-nine euros).

- 4th and 5th prizes: One (1) Webcam Logitech Quickcam Pro 4000 with a nominal value of 20 euros (twenty euros).

The stated value of the prizes corresponds to the currently charged or estimated public price including all taxes on the date of the drafting of these Rules is given on an indicative basis only and may be subject to adjustment. The prizes offered shall only include the stated items and nothing else whatsoever.

The prizes described above shall not be either taken back or exchanged for any other items or services whatever their value, and nor may they be substituted with any payment in cash or by cheque. Should any one of the prize-winners not wish to take possession or fail to take possession of his prize, he shall not be entitled to any compensation.

The Organising Company reserves however its right to replace any one of the prizes offered with a prize with an equal or greater value, and in particular, but without such list being exhaustive, in the event of stocks of the originally stipulated prizes running out or on the occurrence of any other unforeseeable, unavoidable and external event which makes it impossible to deliver the stipulated prizes within a reasonable period of time.


Clause 6.    Conditions applicable to the award of the prizes.

The five (5) winners shall be those Participants who are:

-    on the one hand pre-selected by the online votes of internet-users, which votes shall be cast between 19 April 2010 (12:00 GMT) and 10 May 2010 (18:00 GMT). The internet-users shall choose the five best Sound Files but shall not determine the ranking to be attributed to those five pre-selected (5) Participants.
-    on the other hand selected by the Organising Company, after having received the opinions of the four (4) professionals from the singing world listed hereinafter. On 17 May 2010, the Organising Company shall be responsible for determining the position to be allocated to each of the Participants who have been pre-selected by internet-users (from 1st to 5th place) in the presence of Maître ALLIEL, a Court Bailiff.

Four (4) professionals from the singing world shall state their opinions on the Sound Files submitted by the five (5) Participants who have been pre-selected by the internet-users:
- Toumani Diabaté, a musician and kora player from Mali;
- Dudu Sarr, an African DJ and the founder of the Afrotonic movement;
- Leslie Kasumba, a DJ and producer on the South African hip-hop scene; and
- Thomas Gesthuyzen, the creator of the internet Website africanhiphop.com, which promotes African hip-hop.

The names of the winners shall be published on 17 May 2010 via the website www.starafrica.com.

The decisions of the Organising Company shall be final and may not be challenged. No claim may be made in connection with the decisions of the Organising Company, which shall reach its decisions at its entire discretion without any party having any right of appeal.

The winners shall be informed within the period of one (1) month by an e-mail sent to their personal e-mail address as such address appears in their online participation form.

The Organising Company may not be held to be liable for any problem linked to the award of the prizes on the internet.

The winners shall be required to confirm their postal addresses, and their prizes shall be sent to them after such confirmation is given. The prizes shall be sent to the winners within the period of 30 (thirty) days which follows the confirmation of their postal addresses.

The prizes which are awarded shall be personal and non-assignable. They may not constitute the subject-matter of any exchange, or even a partial exchange, in any form whatsoever.

The Organising Company shall not be liable if the postal or telephone contact details do not correspond to those of the winner, are inaccurate or if it proves impossible to contact the winner. In such a case it shall not be incumbent upon the Organising Company to carry out any additional research in order to locate a winner whom it has been impossible to locate or contact, who shall not receive his prize nor any damages or indemnity.

If after a period of 60 (sixty) days from the date of the publication of the award of the prize on the Website, the winner has not contacted the Organising Company or has not responded to the e-mail sent to him, the prize may no longer be claimed and shall remain the property of the Organising Company. A substitute winner shall then be designated by the Organising Company from amongst the other losing Participants, in accordance with the same conditions as those set out herein, and this shall occur without the Organising Company incurring any liability.

The Organising Company may not be held liable for any delay, loss, accident or illegibility of stamps attributable to the postal services or carriers during delivery.

In the event of the express waiver by a winner of his right to receive his prize, such prize shall be retained by the Organising Company of the Game and may be used in the context of any subsequent operation, if the nature of the prize so permits, and without the liability of the Organiser being engaged.

The prizes offered shall not only include their stated elements, to the exclusion of any other item. They shall not give rise to any challenge whatsoever on the part of the winner nor to the payment of any equivalent value in money nor to their replacement or exchange for any reason whatsoever.

Any photographs or other illustrations used on any medium presenting the Game shall not have any contractual value in terms of the characteristics of the prize which is ultimately awarded.

All of the brand names or product names used are the registered marks of their respective owners.


Clause 7.    Advertising

The Organising Company reserves the right to organise any promotional activities and advertising or promotional event in connection with this Game. In such an event, it shall seek the authorisation of the winners (authorisation shall be sought from legal representatives in the case of minors and protected non-minors) to reproduce and use the surnames, first names and addresses of the winners in the context of such activities and events, without such use giving rise to the payment of any consideration other than the prize awarded.






Clause 8.    Intellectual property

The intellectual property of the Participants in their Sound Files:

The Sound Files shall be protected:

-    by copyright in the musical works (musical composition, words and titles) which constitute their subject-matter;
-    by the associated rights in the sound recordings on which such musical works have been recorded and which are reproduced in the Sound Files.

The Participants acknowledge that their participation in the Game implies that their Sound Files may be submitted in the context of the Game.

As a consequence, by participating in the Game and by accepting these Rules, the Participants grant to the Organising Company free of charge and for the entire world and for the duration of the Game plus (12) months from the end of the Game, a licence to exploit their Sound Files, namely the right:

-    as the case may be, to encode, digitalise or convert the Sound Files into the formats required for the above means of exploitation;
-    to reproduce a number of copies of the Sound Files for the purposes of storing them on the technical platforms of the Organising Company; and
-    as the case may be, to take or have taken from the Sound Files any extracts;

and to do for the purpose of:

-    broadcasting to all or part of the public, in their entirety or in the form of extracts, the Sound Files from the website, in order to make it possible to listen to them by means of streaming.

The Participants shall remain the owners of the Sound Files submitted to them in the context of the Game.

Intellectual property rights of the Organising Company:

In accordance with the laws which govern the intellectual property rights in literary and artistic property, the reproduction, representation or exploitation of all or part of the elements making up the Website and the Game shall be strictly prohibited.


Clause 9.    Warranties

The Participants warrant that the musical works which constitute the subject-matter of the Sound Files uploaded in the context of the Game shall be original works and that the copyright in such musical works has not been assigned to any collecting society.

The Participants certify that they are the holders and/or assignees of the copyright and of the associated rights (rights of artist-performers and producers) associated with the Sound Files. The Participants undertake to submit on the first request of the Organising Company all of the documentary evidence of such authorisations.

The Participants undertake to ensure that the Sound Files uploaded in the context of the Game shall not in any circumstances prejudice the rights held by third parties pursuant to the application of the provisions of the Code of the Intellectual property.

As a consequence, the Participants warrant to the Organising Company that it shall be able to exploit the Sound Files provided in the context of the Game freely and peaceably and shall indemnify the Organising Company in respect of any remedy, action or claim whatsoever which may be brought by any legal or natural person who may have contributed to the creation of the Sound Files and/or who may claim any rights in the Sound Files.

In addition, the Participants represent that they are solely liable for compliance with the obligations relating to the inclusion of the names of all of the authors, composers, artist-performers and producers who have participated in the Sound Files and shall indemnify the Organising Company in respect of any action in this regard.

Finally, the Participants represent that they are solely liable for the payment of any sum due to the authors, composers, artist-performers or any other third party pursuant to the exploitation by the Organising Company of the Sound Files in accordance with the terms and conditions of these Rules and shall indemnify the Organising Company in this regard.


Clause 10.    Acceptance of the Rules

Participation in the Game shall imply unconditional acceptance on the part of the Participants of these Rules in their entirety, of the rules of good conduct in place on the internet, and of the laws, regulations (in particular of a fiscal nature) and other instruments which may be applicable to promotional games in France.

The Participants shall indicate their acceptance of these Rules and of the assignment of the rights which result from them by ticking the box stipulated for such purpose when they register online.

Participation in the Game implies knowledge and acceptance of the characteristics and the limits of the internet, in particular as far as technical performance is concerned, the response time for consulting, processing or transferring information, the risks of interruption, and more generally the risks inherent in any connection to and transmission via the internet, the lack of protection available for certain data against possible misuse and the risks of contamination by any viruses affecting the network.


Clause 11.     Claims for reimbursement of connection costs

Any connection costs incurred in order to participate in the Game shall be reimbursed for a maximum period of six minutes from the time of connection, on the basis of the local call rate of France Telecom in force on the date of the drafting of the Rules (that is to say 0.23 euros per minute).

Those Participants who do not pay any connection costs on the basis of the volume of time they are connected to the internet (who have an “unlimited” connection or who use cable or ADSL…) may not obtain such a reimbursement.

Reimbursements shall be made on the basis of one reimbursement per household and on condition that the Participant has complied with the conditions for participating in the Game.

Reimbursements shall be made pursuant to a simple request sent to the following address:

Starafrica/AMEA, 61 rue des Archives 75003 Paris.

The Participants must state in a legible manner their surname, first name, e-mail and postal addresses (all of this information must be similar to the information provided in the registration form for the Game and they must attach their bank RIB and a photocopy of the relevant bill, with the dates and times when they were connected to the Website clearly underlined). The name of the person applying for the reimbursement must be same as one stated on the bill.

The costs associated with the photocopies of the documentary evidence shall be reimbursed on the basis of 5 centimes per page, pursuant to a simple request set out in the application for the reimbursement of connection costs.

Any incomplete or illegible application or any application which is sent to an address other than the one set out above or which is received one month after the closure of the Game, which shall be established on the basis of the stamp affixed by the post office, shall be deemed to be void.

Reimbursements shall be made by a bank transfer within 90 days of receipt of an application, after its legitimacy has been confirmed. Should an application not be legitimate, the Organising Company reserves the right not to reimburse the internet costs to any unidentified person. A reimbursement of the costs of applying for the reimbursement shall be made on the basis of an unregistered letter of less than 20 grams franked at the economy rate.


Clause 12.     Liability of the Participants

The Participants shall be obliged to comply with the rules set out on the Website at www.starafrica.com/en/terms-and-conditions.html and shall in particular be prohibited from creating a false identity or from using the identity of a third party as per the provisions of the Rules.

The Participants shall be obliged to comply with all of the rules set out on the Website as well as with the provisions of the Rules. To this end, each Participant undertakes, in addition to the rules set out on the Website:
-    not to slander, impair or infringe the rights of third parties;
-    not to cause any breach of public order and public decency (in particular by denying the commission of any crimes against humanity, any incitement to racial hatred, pornography, etc.);
-    not to reproduce all or part of the content of any pre-existing works without the authorisation of the holders of the rights in such works;
-    not to create a false identity or to use the identity of a third party;
-    not to breach the broadcasting and retransmission rights of any third party;
-    not to reproduce and/or use the brand, company name, logo or any distinctive mark belonging to a third party;
-    not to breach the privacy or right of personal portrayal of any third party;
-    not to take part in a project which conflicts with the interests of the Organising Company;
-    in a general manner, not to transmit any data which breaches any intellectual property rights or third-party rights and in particular trade mark rights, personal rights or copyright.

It is expressly agreed that each Participant shall indemnify the Organising Company in respect of any action brought by a third party claiming that the Participant has not complied with one or more of the rules above.

Any Participant who fails to comply with such rules shall be excluded from the Game and the Website.

Clause 13.    Limitation of the liability of the Organising Company

Participation shall imply knowledge of and consent to the characteristics and the limits of the internet, in particular as far as technical performance, the response time for consulting, examining or transferring information, the risk of interruption, and more generally, the risks inherent in any internet connection and transmission, the lack of protection for certain data against possible misuse and the risks of contamination by viruses on the network are concerned.

As a consequence, the Organising Company shall not in any circumstances be held liable for the following, without such list being exhaustive:
-    the transmission and/or of the receipt of any data and/or information on the internet;
-    any malfunction of the internet network preventing the proper organisation/functioning of the Game;
-    a defect in any receiving equipment or lines of communication;
-    the loss of any paper mail or electronic mail, and, more generally, the loss of any data;
-    transmission problems;
-    the functioning of any software;
-    the consequences of any virus, computer bug, anomaly or technical defect;
-    any damage caused to the computer of a Participant;
-    a technical, hardware or software defect of any nature whatsoever which may prevent or limit participation in the Game or which may damage the computer system of a Participant.

It is stipulated that the Organising Company may not held to be liable for any direct or indirect damage caused by an interruption or malfunction of any nature whatsoever and for any reason whatsoever, or for any direct or indirect damage which may result in any manner whatsoever from connecting to the Website. It shall be incumbent on all Participants to take all appropriate steps to protect their own data and/or software stored or saved on their computer equipment against any problem. The connection to the Website and the participation of any person shall be subject to their liability alone.

The Organising Company may cancel all of part of the Game should it appear that fraud has been committed in any form whatsoever, and in particular via computer in the context of any participation in the Game or in the determination of the winners. The Organising Company reserves the right in such an event not to award the prizes to parties who have committed a fraud and/or to bring proceedings before the competent courts against the parties to have committed such frauds.

Should a Participant breach the Rules, the Organising Company reserves the right to disregard the participation of such Participant, without such Participant having any right of action whatsoever as a result thereof.

The following in particular shall be deemed to be fraud:

-    should a Participant register for and then participate in the Draw using a non-existent name or e-mail address or a name or e-mail address borrowed from one or more third parties, with each Participant being required to register for and to participate in the Draw using one name and one e-mail address.
-    using multiple e-mail addresses in order to take part more than once.

Any fraud shall result in the elimination of the Participant.


Clause 14.     Event of force majeure and reservation of the right to extend the Game

The liability of the Organising Company shall not be engaged if, on account of an event of force majeure or any event which is outside of its control, the Game has to be modified, cut short or cancelled. The Organising Company reserves the right in all circumstances to extend the period for participation and to postpone any announced date.

Any amendment to the Rules shall give rise to a further lodging of the Rules with Maitre ALLIEL, Court Bailiff, of 15 rue of the Halles, 75001 Paris and shall enter into force when it is placed online and a Participant shall be deemed to have accepted such amendment due to the simple fact that he participates in the Game, from the date of the entry into force of the amendment.

Any Participant who does not consent to any amendment(s) made must cease their participation in the Game.

No compensation may be claimed by the Participants.


Clause 15.     Agreement in relation to proof

The Organising Company has put in place the technical means making it possible to demonstrate the participation or non-participation of an internet user. It is therefore agreed that, save for a manifest error, the data contained in the IT systems of the Organising Company shall have probative force as to the information relating to connection and the information resulting from the processing of any data by computer in connection with the Game.

It is agreed that, save for in the event of a manifest error, the Organising Company may rely on, in particular for the purposes of proving any act, fact or omission, the programmes, data, files, recordings, operations and other elements (such as monitoring reports or other reports) of a nature or in or on IT or electronic formats or media, prepared, received or maintained directly or indirectly by the Organising Company, and in particular on its IT systems.

The Participants undertake not to dispute the admissibility, validity or probative force of any items of an IT or electronic nature or in or on the IT or electronic formats or media referred to above, on the basis of any legal provisions whatsoever which may stipulate that certain documents must be in writing or signed by the parties in order to constitute evidence.

Thus the elements in question shall constitute evidence and, if they are produced as evidence by the Organising Company in any litigious or other proceedings, they shall be admissible, valid and enforceable as between the parties in the same manner, in accordance with the same conditions and with the same probative force as any document prepared, received or recorded in writing.


Clause 16.     Personal data

The Participants are informed that the mandatory personal data relating to them which is recorded in the context of the Game is necessary to take into consideration their participation in the Game and shall only be used in the context of the award of the prizes, as the case may be.

The personal data collected in the context of the Game shall be processed in accordance with the Loi Informatique et Libertés [Law on IT and Liberties] of 6 January 1978, as amended. All of the Participants in the Game shall, pursuant to the application of this Law, have the right to access or correct or delete the data relating to them. Any request in connection with access, correction or deletion must be sent to contact@starafrica.com.


Clause 17.     Governing Law and interpretation

The Rules shall be governed by French law alone.

Any question relating to the application or interpretation of the Rules, or any unforeseen question which may arise, shall be adjudicated upon definitively, depending on the nature of the question, by the Organiser or by the firm of Maître ALLIEL, Bailiffs of the Court, in accordance with French legislation.

Challenges shall only be admissible within the period of one week from the date of the publication of the results.

No response shall be provided to any oral question relating to the Game.

Clause 18.     Lodging and consultation of the Rules

The Rules shall be lodged with Maitre ALLIEL, a bailiff of the court, of 15 rue of the Halles, 75001 Paris, Tel: 00 33 1 42 36 82 09.

The Rules have also been placed online on the Website of the Game at www.starafrica.com/en/music/starafrica-sounds/regulation.html.
 It is possible to consult them and to print them off.

The complete Rules shall also be sent by post free of charge to any person who requests them from starafrica.com/AMEA, 61 rue des Archives 75003 Paris. Postage shall be reimbursed on the basis of the slow delivery "letter" tariff in force, on receipt of a simple request for such reimbursement accompanying the request for a copy of the Rules.