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NESCAFÉ One Song 2 Terms and Conditions

1.0 Introduction

1.1 Participation in the NESCAFÉ One Song Competition (“Competition”) is governed by these Terms and Conditions (the “T&C’s”).

1.2 By participating in this Competition, each Participant fully and unconditionally agrees to these T&C’s.

1.3 Participants acknowledge that they have read and understood and shall comply with these T&C’s.

1.4 The Competition starts on October 11th, 2021 at 00:00:01 GMT and ends on November 7th, 2021 at 23:59:59 GMT (“Competition Period”). After November 7th, 2021, no further entries will be permitted or considered.

2.0 Eligibility

2.1 This Competition is open to residents and/or citizens of Ghana, Nigeria, Senegal, Cameroun, Cote D’Ivoire and Burkina Faso aged eighteen (18) years or over.

2.2 In addition, the following people shall not be eligible to participate in this Competition:

2.2.1 Employees of the Agency and Client.

2.2.2 Immediate family members of the Agency and Client, including spouses, parents, children, siblings, business partners and associates.

2.2.3 Anyone otherwise connected with the organization or judging of the Competition.

3.0 Entry

3.1 Route to entry for the Competition and details of how to enter are via Nescafé country-specific Instagram and Facebook pages.

3.2 Participants are permitted to enter the Competition once with up to three (3) unique submission, provided the submission consist of original lyrics and a unique video.

3.3 Neither the Agency nor the Client shall be responsible for submissions not received for whatever reason.

4.0 Participation

4.1 To participate or enter into this Competition, Participants are required to create and submit their own original lyrics over the NESCAFÉ One Song (“Song”) instrumental. The Participants shall submit their Songs through their own pages with a video recording of their song and the hashtags #NESCAFÉOneSong2 and #NESCAFÉOneSong2[Insert Name of Country]. Participants with private accounts must also message their NESCAFÉ country-specific Instagram and Facebook accounts to share their entries.

4.2 Participants are not required to deliver a chorus to qualify for entry, however if a chorus is delivered, the lyrics must include the NESCAFÉ Campaign Tagline:

“Morning after morning.

Take your hustle to the next level.

Start Strong, Finish Strong.”

4.3 The Song created and submitted by the Participants should be original to them and not subject to any third-party rights or encumbrances. Participants must enter the competition using the NESCAFÉ One Song instrumental, available for download on the campaign page here:

4.4 The Agency reserves the right to immediately disqualify Participants who submit Songs that are not original or contrary to the T&C’s of this Competition.

4.5 By taking part in this Competition:

a. Participants grant to the Agency and the Client the right, license, and privilege to repost or reference a Song submitted whether individually or collectively with any other material, in any and all forms of media or for any other lawful use as may be determined by the Agency and the Client in their sole and exclusive discretion.

b.  Participants consent to the communication and publication of their names, likeness, image in any and all forms of media at any time in any territory. The Agency and the Client shall not be liable for any unauthorized use, reproduction, adaptations, and publication of Participants’ images by third parties.

c.  Participants release and indemnify the Agency and the Client from and against all actions, liabilities, penalties, claims or demands Participants may have against the Agency and the Client or that the Agency and the Client may incur for any loss, damage, claim or lawsuit which is or may be suffered or sustained as a direct or indirect result of participation in the Competition or winning or failing to win a prize.

5.0 Shortlisting

5.1 Five (5) Songs will be shortlisted from each country to enter into the final stage of the Competition. The shortlisting process will be done by a panel made up of the Producer, last year’s winners and the NESCAFÉ team.

5.2 The Winning Songs will be selected by a popular vote, conducted on the One Song 2 website.

5.3 The top entries with the highest number of votes from each of the six (6) countries will be selected as Overall Prize Winners.

6.0 Ownership of Intellectual Property

6.1 The Client shall co-own the intellectual property rights in all Songs that are created and submitted by Participants for the Competition.

6.2 Notwithstanding clause 6.1 above, the Client shall have the exclusive copyright to the top Winning Songs as submitted by the Overall Prize Winners.

6.3 Subject to clause 6.1, the Participants agree that in the event where the Client seeks to be the exclusive owner of the copyright in any Song aside the Winning Song, Client shall pay the Participants consideration not exceeding the cedi equivalent of Two Thousand United States Dollars (US$2000.00) at the prevailing exchange rate.

7.0 Prize

7.1 Prizes shall be awarded as follows:

7.2 The six (6) Overall Prize Winners will be given a cash prize of Three Thousand United States Dollars (US$3,000.00). The cash prizes will be awarded to the winners in their respective countries in the local currency equivalents, based on prevailing exchange rate on the date of winner selection.

7.3 The Overall Winning Songs will be made into one (1) inspiring thematic, anthemic tune for NESCAFÉ and named the NESCAFÉ One Song.

7.4 The award of prizes shall be subject to Participants’ compliance with the T&C’s of the Competition.

7.5 Prizes are only redeemable in the respective countries of Prize Winners and are not exchangeable or transferable.

8.0 Potential Winner Validation

8.1. A potential prize winner is not an actual winner at the time of being contacted. Contact is made with a potential prize winner to ensure that all the T&C’s of the Competition have been complied with.

8.2. At the time that the potential prize winners are identified, the potential prize winners will receive a telephone/whatsapp call or message/SMS from a representative of the Agency.

8.3. The Agency shall require the potential winners to submit copies of a valid national identification card.

8.4 A potential winner found not to have complied with the T&C’s, shall automatically be disqualified and the prize shall be forfeited.

8.5. The Agency will notify Validated Winners of the location, place, and time where prizes can be collected/ delivered. In the event a Validated Winner fails to redeem their prize within fourteen (14) working days of notification, the individual’s right to the prize will automatically lapse and the Agency shall pick a replacement winner.

8.9. The Agency and/or the Client shall further not be liable for:

a.  Any technical failure or malfunction, or any other problem with any machine, telephone network or system, service provider, software or otherwise that may result in the inaccessibility of a potential prize winner or a lost or unrecorded entry.

b. Any copyright infringement as a result of a Participant’s entry into the Competition.

c.  Any third-party claim for any damage arising out of any act of a Participant.

9.0 Governing law & Dispute Resolution

9.1 The Competition and these T&Cs shall be governed by and interpreted in accordance with the laws of Ghana and where any provision of the T&C’s is adjudged by a court of competent jurisdiction as invalid, it shall not affect the remaining provisions in any way, to the extent possible.

9.2 All disputes, differences and/or claims, arising out of this Competition and the T&Cs, which are not resolved amicably within two (2) weeks of the dispute arising shall be resolved by an action in a court of competent jurisdiction. 

10.0 Variation and Disqualification

10.1  The Agency reserves the right to cancel, amend or vary this Competition and the rules hereof at any time with or without prior notice to the general public.

10.2  The Agency shall further reserve the right, at its sole discretion to refuse a prize winner their prize upon the said winner’s involvement in any of the following incidents:

a.   Actual or suspected fraud in relation to the Competition; or

b.   Any attempt to disrupt, tamper with or unfairly influence the Competition, or its operation mechanism;

c.   Breach of any of the terms and conditions herein; and

d.   Any other misconduct or unacceptable act as may be determined by the Agency and/or the Client.

10.3  In the event a Participant is disqualified, that Participant shall forfeit their prize. In addition, the Agency and/or the Client shall reserve the right to take appropriate legal action against the said Participant.

9. Contact

9.1  All queries relating to this Competition may be made by direct message on our social media pages.