CCTV《同根同梦 • 2017 “ 少年中国 ” 国际青少年文化艺术节》
CCTV《Same Roots And Dreams • 2017 "Young China" International Youth Culture And Art Festival 》
STANDARD TERMS AND CONDITIONS
1.1 This Standard Terms and Conditions (“Standard T&C”) shall govern the Competition that is organized by the Organizer as named in the Basic Terms. The Standard T&C and shall be in addition to the terms as set out in the Basic Terms (the Basic Terms and the Standard T&C shall collectively be referred to as “Terms and Conditions”).
1.2 The Competition will be held during the Competition Period as set out in the Basic Terms. The Organizer reserves the right to vary, postpone or re-schedule the dates of the Competition or extend the Competition Period at its sole discretion.
1.3 The brief mechanism of the Competition is set out in the Basic Terms. The Contestants must adhere to the mechanism of the Competition as may be briefed and communicated to the Contestants by the Organizer from time to time during the Competition Period.
1.4 The Competition will be organized by the Organizer in the Competition Language as set out in the Basic Terms.
1.5 The Entry Procedure of the Competition is as set out in the Basic Terms.
1.6 The Organizer reserves the right to at any time, change, amend, delete or add to the Terms and Conditions and other rules and regulations including the mechanism of the Competition at its absolute discretion.
1.7 The Organizer may terminate or suspend the Competition at any time at its absolute discretion in which case, the Organizer may elect not to award any prize. Such termination or suspension will not give rise to any claim by the Contestants. If the Competition is resumed by the Organizer, the Contestant shall abide by the Organizer’s decision regarding resumption of the Competition and disposition of the Prizes.
2. APPLICATION FORM
2.1 If so required, the Application Form must be complete, filled up accurately and signed by the Contestant and sent to the Organizer vide the Mode and to the Address together with such other documents as may be required as set out in the Basic Terms. Entries must be received by the Organizer on or before the Entry Deadline as set out in the Basic Terms.
2.2 By submitting the Application Form, the Contestant shall be deemed to have read, understood, accepted and agreed to be bound by the Terms and Conditions of the Competition.
2.3 All statements made and information provided by the Contestant to the Organizer in the Application Form must be true correct, accurate and complete.
2.4 Submission of the Application Form does not guarantee the Contestant the opportunity to participate in the Competition. The Organizer shall be entitled to reject or refuse participation by the Contestants for reasons, including (without limitation) where the Application Form is not complete or any provisions in the Terms and Conditions is not fulfilled or adhered to by the Contestant.
2.5 Without prejudice to Clause 2.4 above, the process of selection of contestants is at the Organizer’s sole discretion and even if the Contestant has been selected as a participant of the Competition, the Organizer is nevertheless not obliged to have the Contestant as a contestant in the Competition.
3.1 The Contestant Eligibility Criteria are as set out in the Basic Terms.
3.2 Contestants may be required to submit further proof of their eligibility within such time frame as may be required by the Organizer failing which the Organizer shall be entitled to disqualify the Contestant.
4.1 Persons who are ineligible to participate in the Competition are as set out in the Basic Terms.
5.1 The Organizer reserves the right to disqualify Contestants and / or revoke the Prize
(at any stage of the Competition) if:-
5.1.1. The Contestant are ineligible or does not meet any of the Eligibility Criteria;
5.1.2. The Contestant breaches of the Terms and Conditions or other rules and regulations of the Competition;
5.1.3. The Contestant is found to have consumed any illegal drug or indulged in substance abuse during the recording of the Programme;
5.1.4. in the Organizer’s sole determination, it believes that the Contestant has attempted to undermine the operation of the Competition by fraud, cheating, deception or conduct deemed unacceptable to the Organizer; or
5.1.5. at the Organizer’s sole determination, the participation by Contestant is not suitable or may post any health risk to the Contestant or for any reasons whatsoever.
5.2 Whilst the Organizer will endeavor to conduct necessary verifications on the eligibility of contestants, failure to disqualify any ineligible contestants shall not be deemed a breach by the Organizer.
5.3 In the event of a disqualification after the Prize has been awarded, the Organizer reserves the right to demand for the return of the Prize or payment of its value from the ineligible or disqualified Contestant.
6.1 The Contestant represents, warrants and agrees with the Organizer that:-
6.1.1 the Contestant has met all the eligibility criteria and has the right, authority and power to enter into this Competition and shall provide such proof as the Organizer requires;
6.1.2 all statements made and information provided by the Contestant to the Organizer are true correct, accurate and complete;
6.1.3 The Contestant has the right, authority and power to grant the rights set out in the Terms and Conditions of this Competition and is under no restriction (contractual or otherwise) that may prevent the Organizer from using and/or exploiting the performance or the product of the Contestant’s performance in the Competition and/or Programme;
6.1.4 The Contestant’s participation in the Competition does not entitle the Contestant to wages, salary or any other compensation;
6.1.5 The performance of the Contestant during the Competition shall be original and the Contestant will not breach or infringe any proprietary rights, intellectually property rights or copyrights belonging to any third parties nor contain any act or words that shall be defamatory, obscene or profane;
6.1.6 The Contestant has not been and shall not be involved or participate in any dishonest, deceptive or fraudulent act or conduct in relation to the Competition and Programme. The Contestant agrees that the Contestant is aware that it is a breach of the Terms and Conditions and the rules of the Competition for the Contestant or anyone else to offer or accept any special or secret assistance to rig the outcome of the Competition. The Contestant agrees that the Contestant will not participate in any such act or any other deceptive or dishonest act with respect to the Competition and that if anyone tries to induce the Contestant to do so such act, the Contestant shall immediately notify the Organizer;
6.1.7 The Contestant has not accepted and shall not accept endorsements from any third parties any monies, service or other valuable consideration for the inclusion of any “plug”, reference, product identification and/or any other matter in the Competition and/or Programme;
6.1.8 The Contestant agrees that the Contestant shall not make any arrangement with any third party whereby any person may acquire the right to advertise, promote, sell, package or display goods or services or merchandise of any description using the Contestant’s name or any reproduction of the physical likeness of the Contestant in association with the appearance of the Contestant in the Competition without the prior written consent from the Organizer;
6.1.9 The Contestant is in a good state of health and free of any serious and/or contagious illness.
6.1.10 The Contestant agrees that all prizes (if awarded) is contingent upon the accuracy of the information provided and disclosures made by the Contestant and the full and complete performance of the Contestants warranties, undertakings and obligations hereunder.
6.1.11 The Contestant agrees that the Contestant shall not without the prior written consent from the Organizer publish or disclose any information in connection with the Competition or Prize (including without limitation, to any representatives of media in any form whatsoever).
7. ASSIGNMENT OF RIGHTS
7.1 In consideration of the Organizer granting to the Contestants the opportunity to participate in the Competition and the opportunity to appear in the Programme, the Contestants unconditionally and irrevocably:-
7.1.1 agrees and consents to the photographing filming and recording of the Contestant and the Contestant’s voice and performance and that such photographs film and sound recording may be incorporated in the Competition and/or the Progarmme in whole or in part at the Organizer’s discretion.
7.1.2 consents, grants, assign and transfer to the Organizer the exclusive worldwide rights (without remuneration to the Contestant and royalty-free) to use, reproduce and exploit the names, sobriquet, autograph, likeness, photographs, portrait, caricature, silhouette, voice, biography, performance, sound recordings and audio-visual recordings of the performance of the Contestant and/or any part thereof and all other products resulting from the Contestant’s participation in the Competition and/or Programme by any means (including without limitation the right to incorporate any other materials thereto) and in all media whether now known or hereafter devised for the purpose of promoting, publicity or commercial exploitation of the Competition, the Programme and/or the Additional Television Programmes.
7.1.3 Agrees that the Organizer may produce other television programmes derived from the Competition (“Additional Television Programmes”), including those relating to the making of the Programme, and the Organizer shall be entitled to record all performances of the Contestant, which performances may be included in the Additional Television Programmes at the Organizer’s sole discretion.
7.1.4 Waives the benefits of any provision of law known as droid moral or similar law or moral rights in any country of the world and grants to the Organizer all consents which may be required under any law, to enable the Organizer to exercise the rights granted herein.
7.1.5 agrees that the Organizer shall have full charge and control of the manner in which and the terms on which the Competition and/or Programme or any part thereof shall be produced, marketed, used, distributed, exploited, exhibited and/or otherwise disposed of throughout the world, if at all.
7.1.6 agrees that the personal data of the Contestant including, but not limited to, name, mailing address, phone, works, performance and email address may be collected, processed, stored and other wise used for the purposes of conducting and administering the Competition and used in the ordinary course of the Organizer’s business as it sees fit.
8.1 The Contestant shall observe all rules and regulations, guidelines, broadcast and station operation rules and procedures relating to safety, fire prevention or general administration in force at any place in which the Competition and/or Programme is held or recorded and to conduct himself/herself in such manner so as not to interfere or disrupt the Organizer’s production, recording, broadcast and exploitation of the Competition and/or Programme and/or matters related to such production, recording, broadcast and exploitation. The Contestants shall cooperate and to follow all directions given to the Contestant by the Organizer during the Competition Period.
8.2 If so required by the Organizer, the Contestant shall attend all functions, promotions, publicity and/or campaigns organized by the Organizer in relation to any promotion and publicity of the Competition and participate in interviews, photo, video and/or film sessions notwithstanding the expiry of the Competition Period and acknowledge that the Organizer has the right to use such interviews, publicity photos, videos and/or films in any medium and in any manner it sees fit, without payment of any compensation to the Contestant whatsoever.
8.3 The Contestant shall co-operate and comply with all reasonable requests of the Organizer in connection with the Competition.
8.4 If so required by the Organizer, the Contestant shall execute a long form agreement containing terms and conditions in respect of his/her participation in the Competition.
8.5 The Contestant must attend all briefings, rehearsals, recordings and other activities involved in relation to the Programme and/or Competition and be punctual and adhere to such dates and times so required of them to be present, as the Organizer may inform during the Competition Period. Failure to do so may result in the disqualification of the Contestant from the Competition.
8.6 The Contestant shall not give any interviews, public statements or be involved in any articles or reports in respect of the Competition or the Prizes with any third party without the prior written consent from the Organizer notwithstanding the expiry of the Competition Period.
8.7 The Contestant agrees and undertakes not to commit any act and/or make any statement which might prejudice or damage the reputation of or bring into disrepute the Organizer or sponsors and/or inhibit or prejudice the successful, production, recording, broadcast and exploitation of the Competition and/or Programme in any way.
8.8 Subject to Clause 8.9 hereof, the Contestant shall immediately notify the Organizer of any offer of engagement for performances, sponsorship, product endorsement and/or management contract during the Competition Period and shall not accept any such offers without first obtaining the Organizer’s prior written consent.
8.9 The Contestant hereby grants the Organizer and/or its nominee(s), the option to sign him/her up as its performing artiste and execute management agreement or recording agreement (as the case may be) on such terms and conditions as determined by the Organizer, including at least a three (3) year term contract with an option to renew for a further two (2) years. In the event no such option is exercised by the Organizer and/or its nominee within one (1) year from the date of the finals of the Competition, the Contestant shall be free to enter to any such management agreement or recording agreement with any third parties.
9.1 The Prizes for the Competition shall be as set out in the Basic Terms.
9.2 The winners’ names will be notified or announced by the Organizer by such mode and in such manner as set out in the Basic Terms.
9.3 All Prizes must be collected within the Collection Period and at such Collection Venue as set out in the Basic Terms. Failure to claim Prizes shall result in the Prizes being forfeited by the Organizer and the Organizer, its agents, sponsors and representatives shall have no liability to the winners in any respect whatsoever.
9.4 In the event that the Contestant chooses not to accept a Prize, the Prize shall be forfeited and the Prize which will be dealt with according to the absolute discretion of the Organizer.
9.5 Where the Prizes awarded non-cash prizes, the Contestant shall not be entitled to redeem the same for cash or other alternatives.
9.6 The Organizer does not guarantee the availability of non-cash-Prizes thereof and the Organizer shall be entitled to replace and/or substitute the prize(s) with any other prize(s) of similar value as determined by the Organizer its agent or sponsors at its sole discretion.
9.7 All prizes are strictly not transferable, assignable, exchangeable or redeemable by the Contestant in any other form or manner other than that specified by the Organizer. All specific or special terms and conditions that are attached to the Prize (whether by the Organizer, its agent or sponsor) must be adhered to by the Contestant.
9.8 The Contestants agree that if the Competition involves a group winning and his/her group emerges as a winner, the Contestant agree that the Organizer is authorized to award the Prize to the group leader. In such event, the Contestant shall liaise directly with the group leader for his/her share in the Prize(s) and shall not have any claims whatsoever against the Organizer for the Prize(s) or any part thereof.
9.9 The Contestant is responsible for any and all taxes payable as a result of a Prize being awarded or received (if applicable).
9.10 All Prizes are accepted entirely at the risk of the Contestant Prizes and are awarded by the Organizer and/or sponsors without any warranty of any kind express or implied. The Contestant shall execute a deed of release and indemnity in a form prescribed by the Organizer, if so required, in order to receive the Prize.
9.11 Prizes must be claimed in person unless the Organizer prescribes other mode of collection. Where the Organizer elects to post a prize to a winner, no responsibility will be accepted by the Organizer for the safe and effective postal delivery of the Prize.
9.12 In special situations, and subject to the absolute discretion of the Organizer, a winner may nominate a designated representative to collect a prize. The representative will be required to present written authorization from the winner and identification which includes a photograph for both the Competition winner and his/her representative.
10. DECISIONS OF THE JUDGES / ORGANIZER
10.1 The criteria for the Selection of Winners shall be as set out in the Basic Terms.
10.2 Notification of Winners will via the means as set out in the Basic Terms.
10.3 The Judges / Organizer’s decisions on all matters relating to the Competition (including without limitation, the selection of Contestants, the conduct of the Competition and/or any resolutions made) shall be final and absolute and binding on the Contestants. No discussion, correspondence, inquiry, appeal or challenge in respect of any decision of the Organizer will be entertained.
10.4 The Contestants shall not dispute nor make any oral or written complaints, public announcements or statements on the same whether during or after the Competition.
11. GOVERNING LAW
11.1 The Terms and Conditions of the Competition shall be construed, governed and interpreted in accordance with the laws of Malaysia.
12.1 The Contestant shall treat all Terms and Conditions and rules and regulations of the Competition and all information and knowledge obtained by the Contestant in relation to and / or in connection with the Competition and/or Programme and/or derived as a result of his/her participation in the same, including without limitation the Organizer’s business and operational details, the competition mechanics, the judging / selection criteria for the Competition (hereafter collectively known as “Confidential Information”), as confidential and the Contestant shall, during and after the Competition Period, take all reasonable precautions to prevent disclosures of the Confidential Information to unauthorized persons or entities for any reason whatsoever and undertakes to deliver to the Organizer all tangible materials embodying the Confidential Information including any documentation, records, listings, notes, sketches, drawings, memorandum, models accounts, reference materials, samples and machines readable media and equipment that is in any way related to the Confidential Information including all duplicates and copies thereof.
13.1 The Contestants forever waive, release and discharge the Organizer, its agencies, sponsors and representatives from and against, any and all liabilities, costs, loss, damages or expenses which the Contestant or any party claiming through the Contestant hereafter may have arising out of acceptance of any Prize(s) or participation in the Competition including (but not limited to) personal injury and damage to property and whether or not direct, consequential or foreseeable.
13.2 The Contestant shall indemnify the Organizer, its affiliates, agent and sponsors from and against all liability, cost, loss or expenses suffered thereby as a result of the Contestant’s breach of the Contestant’s warranties and undertakings and any breach of the Terms and Conditions and/or the rules and regulations of the Competition.
14.1 All costs incurred by the Contestant in relation to and/or with respect to the Competition including without limitation all transport costs, costs for grooming/make-up, accommodation costs, meal costs and other related cost incurred by the Contestant as a result of and/or pursuant to his/her participation in the Competition shall be solely borne by the Contestant. The Organizer shall not be liable to reimburse the Contestant for any of such costs and expenses incurred thereof.
14.2 The Contestant shall at his/her own cost and expenses arrange and provide for his/her own costumes/wardrobe for the Competition. Notwithstanding the foregoing, all costumes/wardrobe, make-up and hairstyle of the Contestant shall be subject to the approval of the Organizer and the rules, codes of conduct and censorship guidelines applicable to television broadcast stations in Malaysia and shall not be vulgar, obscene or contrary to the applicable laws of Malaysia.
15. LIMITATION OF LIABILITY
15.1 The Contestant acknowledge that his/her participation in the Competition shall be at his/her own risks. The Contestant shall be responsible for obtaining adequate insurance coverage (including without limitation travel insurance) for the purposes of competing in the Competition.
15.2 The Organizer, its agents, sponsors, representatives, affiliates and their respective directors, officers and employees, agents and assigns shall not be liable to any Contestant in respect of any failure to win a Prize in the Competition, defective Prizes or misuse of Prizes or any other loss, damages, costs, expenses, claims, liabilities, injury, death, accidents suffered by the Contestant during the Competition or arising out of or in connection with the Competition, the participation by the Contestant in the Competition and/or the Prizes awarded.
16.1 The Organizer, its agents, sponsors and representatives shall not be liable to perform any of their obligations in respect of the Competition and this Terms and Conditions, rules and regulations in respect of the Competition where they are unable to do so as a result of circumstances beyond its control and shall not be liable to compensate the Contestants in any manner whatsoever in such circumstances.