Terms of Use for Submitting Your Videos
These Terms of Use (hereinafter referred to as "Terms") shall set forth the terms and conditions to apply for the project to post and submit singing videos (hereinafter referred to as “the Project”) in connection with the “SUNTORY Presents Beethoven's 9th with a Cast of 10,000” (hereinafter referred to as “the Event") and the agreement between Mainichi Broadcasting System, Inc.("MBS") and those participating in the Project (hereinafter referred to as “you”) by submitting your singing videos to MBS. These Terms shall apply to all relations between you and MBS - who are the operators of the Project - with respect to your participation. Please agree to the terms and conditions after carefully reading through them in their entirety.
1. The Project.
MBS shall provide you with the opportunity to submit your videos and photos of singing the Beethoven's 9th (collectively the "Videos" and individually a “Video”) subject to the instructions of MBS with respect to the Event to be held on December 1st, 2024, in Osaka, Japan on the condition that MBS will be entitled to use the Videos in the following manner and you shall agree that MBS will be able to:
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(1)
Display your Videos, in whole or in part, at the Event venue,
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(2)
Incorporate your Videos, in whole or in part, into a television production of MBS (the “Program”) in order for MBS and any television station affiliated with the same JNN network (hereinafter individually referred to as “an Affiliated Station”) to broadcast the Program, make it available online or communicate it to the public,
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(3)
Archive the Event and the Program audibly and visually (collectively the “Archived Content”) and exploit the Archived Content, in whole or in part, in perpetuity by any and all means and media now known or hereafter devised, including but not limited to television, the Internet, videogram or otherwise, and
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(4)
Exploit the Archived Content in any manner incidental and related to the exercise of any of the rights set forth above in this Article, such as merely by way of example, for advertising, publicity, or promotional purposes.
2. How to Participate and Submit Your Videos.
You may participate in the Project by uploading your Videos subject to the instructions of MBS given on its website: [https://www.mbs.jp/daiku/english/]
3. Qualifications.
You must be 20 years of age or older, or if under 20 years of age, must obtain the consent of a person with parental authority for your submissions.
4. Requirements for your Videos.
You represent and warrant that your Video(s) satisfy all of the following requirements:
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(1)
The Video you took is of yourself;
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(2)
Your Video(s) contains no false information;
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(3)
Any exploitation of your Videos will not violate or infringe the rights of any third party, including but not limited to any privacy rights, portrait rights, copyrights, neighboring rights, or any other third party’s rights; and
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(4)
Any exploitation of your Videos will not violate any human rights or offend public order and morals.
5. Free License to Use Your Videos, etc.
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I.
You own and reserve all copyrights of your Videos as long as you were the camera operator of your Videos. For this reason, you are required to allow MBS and any third party designated by MBS, including any Affiliated Station, to keep your Videos and exploit them worldwide in perpetuity at no cost in the following manner described below. This does not prevent you from using your Videos. You are free to use your Videos at any time non-exclusively.
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(1)
Display your Videos, in whole or in part, at the venue of the Event to be held on December 1st, 2024;
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(2)
Exploit your Videos, in whole or in part, by any and all means and media now known or hereafter devised, including but not limited to broadcasting, internet streaming, videogram, printed publication, or otherwise;
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(3)
Exploit your Videos, in whole or in part, for purposes of advertising, publicizing and promoting the Event, the Program or MBS's own publicity activities;
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(4)
Exploit your Videos, in whole or in part, at any event worldwide;
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(5)
Enter the Program into any international or domestic program awards or competitions;
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(6)
Exploit your Videos, in whole or in part, for any of the purposes described in this Article, mutatis mutandis;
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(7)
Allow any third party authorized by MBS and any such third party’s sub-licensee to exploit your Videos worldwide by any and all means and media now known or hereafter devised, including but not limited to free or pay television, internet VOD service, online streaming or otherwise;
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(1)
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II.
You agree to authorize MBS and/or any Affiliated Station, at the discretion of MBS or any Affiliated Station, to alter, delete, or otherwise edit your Videos.
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III.
You agree to authorize MBS and/or any Affiliated Station, at the discretion of MBS or any Affiliated Station, to use, display or exhibit such data as your name, your location, or your likeness by any and all means and media now known or hereafter devised, including without limitation broadcasting or internet streaming for the exploitation of your Videos.
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IV.
You agree not to exercise any moral rights, including the author’s moral rights, with respect to any exploitation of your Videos subject to the terms and conditions set forth in these Terms.
6. Prohibited Acts.
With your participation, you agree that you shall not engage in any of the following acts or any such act that MBS deems applicable at its discretion:
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(1)
Any act that violates any laws and regulations or public order and morals, or any act relating to criminal conduct;
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(2)
Any act of fraud or intimidation against MBS, any other Project user, or any third party;
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(3)
Any act that infringes the intellectual property rights, portrait rights, rights of privacy, any other rights or interests of MBS, any other Project user, or any third party or otherwise;
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(4)
Any act of sending to MBS or any other Project user, any of the following messages, contents or materials described below, or any such conduct that MBS deems applicable at its discretion.
- Any message or material that contains any malicious or destructive virus, program code, link, file, or attachment;
- Any message or content that defames or damages the reputation or credibility of MBS, any other Project users, or any third party;
- Any message or content with violent, cruel, or otherwise obscene expressions;
- Any message or content with discriminatory expressions;
- Any message or content with anti-social expressions;
- Any message or content with expressions that MBS deems offensive or unpleasant to others.
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(5)
Any act that places an excessive load on any network, system, server designated for the Project or otherwise;
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(6)
Any act of reverse engineering, decompiling, or disassembling any software or system provided by MBS or otherwise;
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(7)
Any act that interferes with the operations of the Project;
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(8)
Any unauthorized act to access the network or systems of MBS;
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(9)
Any act of impersonating a third party;
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(10)
Any conduct of advertising activities, solicitation, or business relating to the Project without the prior approval of MBS;
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(11)
Any act of collecting or storing any other Project user’s personal information;
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(12)
Any act that causes disadvantage, damage, or discomfort to MBS, any other Project user, or any third party;
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(13)
Any act that directly or indirectly causes or facilitates any of the acts described above in this Article;
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(14)
Any attempt to engage in any of the acts described above in this Article; and
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(15)
Any other act that MBS deems inappropriate.
7. Suspension and Discontinuation.
MBS may at its discretion suspend or discontinue the Project, in whole or in part, without prior notice to you on the occurrence of any of the following events. In such events, MBS is not obligated to implement the Project. You agree that MBS shall not be liable to you or any third party for any loss, damage, or expense incurred by you or any third party as a result thereof.
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(1)
If any computer system designated for the Project requires urgent inspection or maintenance;
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(2)
If any of the Project operations becomes, or is likely to become, unmanageable due to any cause, including but not limited to any failure or malfunction of computers or communication lines, operational errors, excessive concentration of access to, or unauthorized access to any computer systems designated for the Project or hacking attacks thereon;
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(3)
If any of the Project operations is, or is likely to be, disrupted by any force majeure event, including without limitation earthquakes, lightning, fire, wind, flood, power failure, or natural disasters; and
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(4)
If MBS deems it necessary to suspend or discontinue the Project for any other unavoidable cause.
8. Important Points to Note
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I.
You are required to enter your email address for any inquiries regarding your Videos from MBS.
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II.
MBS shall have sole discretion whether or not to select your Video from among all the Videos submitted by all the candidates including you for all purposes described in these Terms such as, merely by way of example, broadcasting or internet streaming. If yours is selected, you acknowledge that MBS shall further have sole discretion, among other things, to decide when and how it is to be used and for how long. You further acknowledge that MBS will not reply to any inquiries regarding the criteria for any such judgment.
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III.
Once submitted, you acknowledge that MBS is under no obligation to return your Videos. MBS shall delete all unused Videos from its media and storage devices promptly.
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IV.
You agree to indemnify and hold harmless MBS or any third party from any and all claims, losses, or expenses (including attorneys’ fees) arising from or in connection with any breach of these Terms by you.
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V.
MBS reserves the right to suspend, discontinue, modify or change the Project without notice. In such event, you acknowledge that MBS shall not be liable to you or any third party for any loss, damage, or expense incurred by you or any third party.
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VI.
You are responsible for any expense incurred, including without limitation, communication costs, and internet connection fees, with respect to the submission of your Videos.
9. Withdrawal.
You may request the withdrawal of your Video from its intended exploitation such as for television broadcasting or internet streaming at least three (7) days prior to the Event date at the following email address of the Event and the Program: [daiku@mbs.co.jp ] You are required to include your email address and your name (including your nickname) in your email to MBS for any further correspondence.
10. Changes to the Terms of Use.
MBS may, at its sole discretion, revise and update these Terms at any time. All changes are effective immediately when MBS posts them. Your continued use of this website following the posting of such changes means you accept and agree to the changes.
11. Exclusion of Anti-Social Forces.
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I.
You represent, warrant, and covenant to ensure that you are not a person who has fallen under any of the following categories through (1) to (7) and that you shall not in the future fall under any of the following categories through (1) to (7):
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(1)
An organized crime group (as defined in Article 2(ii) of the Act on Prevention of Unjust Acts by Organized Crime Group Members (“the Anti-Boryokudan Law), Act No. 77 of 1991, including subsequent revisions);
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(2)
A member of an organized crime group (as defined in Article 2(vi) of the Anti-Boryokudan Law);
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(3)
A quasi-member of an organized crime group;
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(4)
A related company or an association of an organized crime group;
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(5)
A corporate racketeer, a racketeer disguising oneself as a political or social activist, a crime group with special intelligence;
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(6)
A person who has a close relationship (including, but not limited to, acts of providing funds or other benefits) with any of the preceding parties specified above; and
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(7)
Other person similar to any of the preceding parties above.
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(1)
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II.
You covenant not to engage, directly or indirectly, in any of the following acts:
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(1)
A demand with violence;
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(2)
An unreasonable demand beyond your legal responsibility;
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(3)
Use of intimidating words and actions in relation to transactions;
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(4)
Any act of defaming the reputation and interfering with the business of MBS by spreading rumors, using fraudulent means, or resorting to force;
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(5)
Any act similar to the preceding items.
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(1)
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III.
If you are found to be in breach of any of the representations, warranties, or covenants you make in this Article, MBS may terminate these Terms without notice to you and may cancel your participation at any time.
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IV.
Such termination pursuant to the preceding paragraph shall be without any liability to you or any third party for any loss, damage, or expense incurred by you or any third party as a result thereof.
12. Notices.
All communications required regarding the Project from you to MBS shall be made by means of MBS’s choice. All notices and communications regarding any changes to these Terms or any other matter from MBS to you shall be made by means of MBS’s choice. Any and all such notices or communications shall be deemed given when sent by MBS to your email address or any other address specified and included in your participation registration.
13. Non-Assignment.
You may not assign, transfer or otherwise pledge this Agreement or any rights or obligations hereunder to any third party without the prior written approval of MBS.
14. Severability.
If any provision of these Terms or any part thereof is in conflict with the Consumer Contract Act of Japan, or any other law or regulation, such provision or any part thereof shall be ineffective only to the extent of such invalidity without invalidating the remainder of such provision or any part thereof and the remaining provisions of these Terms.
15. Governing Law and Dispute Resolution.
These Terms and all matters pertaining to the Project shall be governed by the laws of Japan. Any dispute arising out of or in connection with these Terms and the Project shall be subject to the exclusive jurisdiction of the Osaka District Court in the first instance.
16. Handling of Your Personal Information.
Please read and agree to the Private Policy about the handling of your personal information.
If you are under 20 years old, check the box to confirm parental consent.
Privacy Policy for “SUNTORY Presents Beethoven's 9th with a Cast of 10,000”
This Privacy Policy (hereinafter referred to as the "Policy") applies to the handling of personal information (hereinafter referred to as "Personal Data") collected by Mainichi Broadcasting System, Inc. located at 17-1 Chayamachi, Kita-ku, Osaka Japan (hereinafter referred to as "we") of all entrants (hereinafter referred to as “you”) who take part in either one of the following projects (hereinafter collectively called the “Projects” and individually called a “Project”) for "SUNTORY Presents Beethoven's 9th with a Cast of 10,000, 2024"(the "Event").
The Projects: (i) Entry of your singing videos in the Event and (ii) Live online viewing of the Event.
This Policy explains the types of Personal Data we collect and our policy on the use of such data. Before you enter, please agree to the terms and conditions after carefully reading through them in their entirety.
1. Data We Collect From You.
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(1)
Data we collect through your registration, entry of your singing videos, or live online viewing of the Event.
- Your likeness, appearance, or singing voice contained in the videos of you singing that you submit, or in the videos of yourself sent remotely by any means including an online connection to us.
- Your name (including nickname) and your email address.
- Other data we ask you to provide such as your nationality, country of residence, and your age is optional.
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(2)
Data we collect automatically.
If you take part in the Projects via your browser or another device, we may use "cookies" or other identifiers, as many websites do, to collect certain data about you. If you do not wish for cookies to be set to collect your data, you can control them by setting your browser to turn off cookies. The procedures for changing your settings and cookies differ from browser to browser. If necessary, use the ‘help’ function on your browser to go directly to its user manual. Please be aware, however, that by doing this some services and functions may not continue to work. -
(3)
Other Data
For the television programs of the Event and/or the Projects (hereinafter referred to as the “Programs”), we may request you to provide further Personal Data necessary. In such events, we will ask to obtain your consent for such acquisition and use of your data on an individual basis.
2. Purpose of Use
We will use your Personal Data, in whole or in part, as described in Article 1 for any of the following purposes.
Use for the Event:
To display your Personal Data for or in connection with the Event on any monitor or signage inside and
outside the Event venue;
Use for the Projects:
To exploit your Personal Data by any and all means and media, including but not limited to terrestrial, live
or delayed broadcasts, live online streaming, or archival streaming of your Personal Data in relation to the
Projects, the Programs, any other project, or incidental promotion activities thereto;
Contacting you or to respond to your inquires:
To reach you in case of trouble in connection with the Projects for prompt action by various means such as
telephone, email, online chat or to respond to your inquires.
Searching your videos for withdrawal:
To search and find your submitted videos for withdrawal purposes upon your request.
Protecting your data:
To safeguard your data from security threats and unauthorized access for the safety of your data and early
detection of any potential threats.
3. Sharing of Personal Data with Third Parties.
We may outsource at our discretion the operation of the Projects or production of the Programs, in whole or in part, or otherwise, including the handling of your Personal Data, to any contractors within the extent necessary to ensure the proper operation of the Projects or the proper production of the Programs in relation to the Event. In such case, we shall ensure to select appropriate contractors who have in the past exercised and continue to exercise due care and skill to handle Personal Data. For the purpose of supervising each contractor, we will enter into a service agreement with each one. With the exception of the foregoing situation, unless otherwise required by law, in no case will we provide your Personal Data to any third parties without your prior consent.
4.Safety Protection of Personal Data.
We hereby covenant to:
Build an appropriate privacy protection system under the supervision of a responsible person who is
appointed in charge thereof to keep your Personal Data safe;
Respond in good faith to any claim or complaint you make based on legal grounds regarding the handling of your Personal Data by us;
Take appropriate measures immediately for the safety of your Personal Data in response to any leakage or loss of such data or otherwise.
5. Retention Period of Personal Data.
Your Personal Data obtained through the Projects will be deleted promptly upon deciding not to use it for the Projects. In principle, the Personal Data, once selected and used for the Projects, will be archived as video works pertaining to the Event. If you wish to request deletion, please so notify us pursuant to Article 6.
6. Inquires about Your Personal Data, etc.
Insofar as certain legal requirements are met, you may request us to notify you why we use your Personal
Data or otherwise, or to have certain data of yours disclosed to you, corrected, added, deleted, blocked,
erased or otherwise. For further inquiries about such request procedures, please visit the website at
[https://www.mbs.jp/mbs/kojin-j/] for clarity.
For those participating from outside Japan, please inquire with us at [daiku@mbs.co.jp]
7. European General Data Protection Regulation, etc.
The following provisions shall apply if you are subject to the European General Data Protection Regulation:
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1.
Legal basis for processing Personal Data:
We will handle or process your Personal Data on the legal basis of either performing our contractual obligations in relation to the Projects or your consent to this Policy. -
2.
We are entitled to transfer your Personal Data from outside of the European Economic Area (the” EEA”) if we satisfy either one of the following conditions:
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(i)
if a destination country or territory of your Personal Data outside of the EEA is recognized by the European Commission as ensuring an adequate level of protection for personal data; or
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(ii)
if a recipient business operator shall ensure to adopt and implement fair and legal safeguards for your data safety, including the use of Standard Data Protection Clauses published by the European Commission which will legally bind such recipient.
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(i)
For the avoidance of doubt, the European Commission expressly recognizes Japan as ensuring an adequate level
of protection for personal data.
Enacted on [16/7/2024]
If you are under 20 years old, check the box to confirm parental consent.