Los Angeles Center Studios Filmmaker Competition Official Rules
1 INTRODUCTION
1.1 This Contest Standard Terms and Conditions (“Standard T&C”) shall govern the Contest 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 Contest will be held during the Contest Period as set out in the Basic Terms. The Organizer reserves the right to vary, postpone or re-schedule the dates of the Contest or extend the Contest Period at its sole discretion.
1.3 The brief mechanism of the Contest is set out in the Basic Terms. The Contestants must adhere to the mechanism of the Contest as may be briefed and communicated to the Contestants by the Organizer from time to time during the Contest Period.
1.4 The Contest will be organized by the Organizer in the Contest Language as set out in the Basic Terms.
1.5 The Entry Procedure of the Contest 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 Contest at its absolute discretion.
1.7 The Organizer may terminate or suspend the Contest 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 Contest is resumed by the Organizer, the Contestant shall abide by the Organizer’s decision regarding resumption of the Contest and disposition of the Prizes.
2 CONTEST ENTRY
2.1 The Contest Entry must be complete, accurate 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 Contest Entry, the Contestant shall be deemed to have read, understood, accepted and agree to be bound by the Terms and Conditions of the Contest.
2.3 Submission of the Contest Entry does not guarantee the Contestant the opportunity to participate in the Contest. The Organizer shall be entitled to reject or refuse participation by the Contestants for reasons, including (without limitation) where the Contest Entry is not complete or any provisions in the Terms and Conditions is not fulfilled or adhered to by the Contestant.
2.4 Entries must be received by the Organizer on or before the Entry Deadline as set out in the Basic Terms. Entries received after the stipulated time will be disqualified and ineligible for consideration for prizes.
3 ELIGIBILITY
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 timeframe as may be required by the Organizer failing which the Organizer shall be entitled to disqualify the Contestant.
4 INELIGIBILITY
4.1 Persons who are ineligible to participate in the Contest are as set out in the Basic Terms.
5 DISQUALIFICATION
5.1 The Organizer reserves the right to disqualify Contestants and/or revoke the Prize (at any stage of the Contest) if:-
5.1.1 The Contestant are ineligible or does not meet any of the Eligibility Criteria; or
5.1.2 The Contestant breaches of the Terms and Conditions or other rules and regulations of the Contest or violated any applicable laws or regulations; or
5.1.3 in the Organizer’s sole determination, it believes that the Contestant has attempted to undermine the operation of the Contest by fraud, cheating or deception.
5.2 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 Contestant.
5.3 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.
6 WARRANTIES
6.1 The Contestant represents and warrants 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 the Contest in accordance with Terms and Conditions and shall provide such proof as the Organizer requires;
6.1.2 all the statements (if any and if so required) made by the Contestant to the Organizer are true correct accurate and complete.
6.2 In consideration of the Organizer offering to the Contestant the opportunity to participate in a Contest, the Contestant hereby unconditionally and irrevocably;
6.2.1 agrees that if so required by the Organizer, the winner shall make himself/herself available (without compensation) for the production, recording and publicity of the Contest during the such time and production schedule as may be notified by the Organizer:-
(i) interview (which shall be recorded); and/or
(ii) taking of still photos, audio and/or visual recording for promotions and publicity use. (collectively “Recording”).
6.2.2 agrees and consents that the Organizer shall have right and absolute discretion to broadcast the Recording and/or use the slogan, names or nicknames on any of its programs/channels in whole or in part at the Organizer’s discretion. All copyrights subsisting in the Recording shall belong to the Organizer absolutely.
6.2.3 agrees that where Contestants are required to submit any photographs, drawings, pictures, slogans, any materials or other creative works, including voice or video recordings (collectively “Intellectual Property”) with the Contest Entry, the Contestant warrants that all Intellectual Property Rights in such submission does not infringe any third party intellectual property rights.
6.2.4 agrees that the Organizer reserves the right, at its sole and absolute discretion, to use and exploit the Intellectual Property via any means or media and in any manner and anytime that it deems fit without first obtaining any consent nor making any payment whatsoever to the Contestant and/or the Contest winner(s) and/or representatives.
6.2.5 confirms that the Contestant has read and understood Terms and Conditions of the Contest and the Contestant agrees to abide by the said terms and conditions accordingly and agrees to cooperate and to follow all directions given to the Contestant.
6.2.6 agrees that all Prizes to be awarded in the Contest 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.
6.2.7 agrees that the Contestant shall not by act or omission, directly or indirectly bring the Organizer or the Sponsor into disrepute.
6.2.8 agrees that the Contestant shall not without the prior written consent from the Organizer publish or disclose any information in connection with the Contest or Prize (including without limitation, to any representatives of media in any form whatsoever).
6.2.9 agrees that the Contestant shall not give any product endorsement, any interviews or be involved in any articles or reports in respect of the Contest or the Prize with any third party.
6.2.10 agrees that the Contestant’s participation in the Contest and/or Program does not entitle the Contestant to wages, salary or any other compensation.
7 PRIZES
7.1 The Prizes for the Contest shall be as set out in the Basic Terms.
7.2 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.
7.3 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.
7.4 Where the Prizes awarded non-cash prizes, the Contestant shall not be entitled to redeem the same for cash or other alternatives.
7.5 The Organizer does not guarantee the availability of non cash-Prizes and the Organizer shall be entitled to replace and/or substitute such prize(s) with any other prize(s) of similar value as determined by the Organizer, its agents or sponsors at its sole discretion.
7.6 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 or its agent or sponsor must be adhered to by the Contestant.
7.7 Prizes must be claimed in person unless the Organizer prescribes other mode of collection. Where the Organizer elects to post a prize to a Contest winner, no responsibility will be accepted by the Organizer for the safe and effective postal delivery of the Prize.
7.8 In special situations, and subject to the absolute discretion of the Organizer, a Contest winner may nominate a designated representative to collect a prize. The representative will be required to present written authorization from the Contest winner and identification, which includes a photograph for both the Contest winner and his/her representative.
7.9 The Contestant is responsible for any and all taxes payable as a result of a Prize being awarded or received (if applicable).
7.10 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.
7.11 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.
8 DECISIONS OF THE JUDGES/ORGANISER
8.1 The criteria for the Selection of Winners shall be as set out in the Basic Terms.
8.2 Notification of Winners will via the means as set out in the Basic Terms.
8.3 The Judges/Organizer’s decisions on all matters relating to the Contest (including without limitation, the selection of Contestants, play of the contest and/or any resolutions made) shall be final and absolute and binding on the Contestants. No discussion, correspondence, enquiry, appeal or challenge in respect of any decision of the Organizer will be entertained.
8.4 The Contestant shall not dispute nor make any oral or written complaints, public announcements or statements on the same whether during or after the Contest Period.
9 GOVERNING LAW
9.1 The Terms and Conditions of the Contest shall be construed, governed and interpreted in accordance with the laws of the United States and the State of California.
10 CONFIDENTIALITY
10.1 The Contestant shall treat all Terms and Conditions and rules and regulations of the Contest and all information and knowledge obtained by the Contestant in relation to and/or in connection with the Contest and/or Program and/or derived as a result of his/her participation in the same, including without limitation the Organizer’s business and operational details, the contest mechanics, the judging/selection criteria for the Contest (hereafter collectively known as “Confidential Information”), as confidential and the Contestant shall, during and after the Contest 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, memoranda, 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.
11 INDEMNITY
11.1 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 Contest including (but not limited to) personal injury and damage to property and whether or not direct, consequential or foreseeable.
11.2 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 Contest.
12 COSTS
12.1 All costs incurred by the Contestant in relation to and/or with respect to the Contest including without limitation Internet Service Provider (ISP) charges, all transport costs, communication charges, accommodation, meal costs and other related costs incurred by the Contestant as a result of and/or pursuant to his/her participation in the Contest shall be solely borne by the Contestant. The Organizer shall not be under any obligation to reimburse the Contestant for any of such costs and expenses incurred thereof.
13 LIMITATION OF LIABILITY
13.1 The Contestant acknowledges that his/her participation in the Contest shall be at his/her own risks.
13.2 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 Contest, defective Prizes or misuse of Prizes or any other loss, damages, costs, expenses, claims, liabilities, injury, death, accidents suffered by the Contestant during the Contest or arising out of or in connection with the Contest, the participation by the Contestant in the Contest and/or the Prizes awarded.
13.3 The Organizer will not be responsible or liable for
13.3.1 any problem, loss or damage of whatsoever nature suffered by the Contestant or any party due
to any delay and/or failure in receiving and sending a Contest Entry as a result of any network, communication, ISP or system error, interruption and/or failure experienced by the Organizer or the Contestant’s telecommunication service provider and/or resulting from participation or the downloading of any materials in the Contest. In the event of such error, interruption and/or failure, the Organizer shall not be responsible or liable for any failure encountered by any Contestant to participate in the Contest or any failure encountered by the Organizer in fulfilling its obligations hereunder.
13.3.2 any error (including error in notification of Contest winners), omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorized access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside the Organizer’s control.
14 GENERAL
14.1 The Organizer, its agents, sponsors and representatives shall not be liable to perform any of their obligations in respect of the Contest and this Terms and Conditions, rules and regulations in respect of the Contest 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.
14.2 The Contestants shall not be entitled to assign any of the rights or sub-contract any of the obligations herein. The Organizer shall be entitled to assign or sub-license the whole or any part of its rights hereunder to any third party as may be determined by the Organizer.
14.3 All rights and privileges herein granted to the Organizer irrevocable and not subjected to rescission, restraint or injunction under any and all circumstances. Under no circumstances shall the Contestants have the right to injunctive relief or to restrain or otherwise interfere with the organization of the Contest, the production, distribution, exhibition and/or exploitation of the Contest and/or Program and/or any product based on and/or derived from the Contest and/or Program.
14.4 The invalidity, illegality or unenforceability of any terms hereunder shall not affect or impair the continuation in force of the remainder of the Terms and Conditions of the Contest.
14.5 The main language of the Terms and Conditions shall be the English language. Any translation to any other language than English shall be for convenience only. In the event of any inconsistency between this English language and any other languages, the English language version shall prevail and govern in all respects.