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The Search for the New Pinoy Superheroes
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TERMS & CONDITIONS
About Project X: The Search for the New Pinoy Superheroes
DV Tech Media Corp. (“DV Tech”)
, together with its event partner
”), (or collectively, the “
”) is organizing
Project X: The Search for the New Pinoy Superheroes
”) starting in October 2017 and ending March 2018, when final judging would be made during the ComicCon Asia 2018 event.
The Contest aims to give a platform for participating artists to create the new generation of original Filipino superheroes promoting the local culture and values and is rewarded and recognized as creators of world-class Filipino superhero characters.
The Contest consists of:(i) A competition/event for the creation of new and original Pinoy superheroes (the “
or if multiple
“) submitted by participants (the “
” or collectively “
”) organized by DV Tech and its Partner from Oct. 2017 to Mar. 2018.(ii) A competition/event for pre-screening, final judging, and awarding of the winning submissions (the “
The Organizer will select a panel which will select ten (10) entries through a pre-screening activity after
March 14, 2018 (deadline of submission)
but before the Finals on
March 25, 2018
. The entries chosen will be collectively considered as the “
At the Finals, a board of judges chosen by the Organizer will assess each Finalist’s Entry. There will be one (1) grand winner (the “
”), one (1) 1
runner-up (the “
”), one (1) 2
runner-up (the “
”), and seven (7) or Consolation Prizes (“
”) for the non-winning finalists.
By registering for and participating in the Contest, each Participant agrees to the Terms set out herein (as amended from time to time) and that all decisions of the Organizer in the Contest execution shall be final and binding. Registration to the contest is free.
The Contest is open to all bonafide Filipino citizens, residing locally or in abroad, aged above 18 years of age at the time of entry, or those persons below 18 years of age that have a prior written consent of their parent or guardian.
Employees and agents of the Organizer, including contractors or subcontractors engaged in connection with the development or operation of the Contest, and their relatives up to the 2
degree of affinity and consanguinity are not eligible to join the Contest.
To qualify for the Contest, each participant must:
Successfully e-register for the Contest; and agree to the Contests Terms.
Comply with the Terms and Contest Mechanics at all times, (the “
In the event, the Qualifying Criteria has not been satisfied or ceases to be satisfied at any time or any provision of the Terms is not complied with by a Participant, the Organizer shall be entitled at its discretion to disqualify such Participant(s) from the Contest.
Notwithstanding any other clause in the Terms, the Organizer has the discretion to decide a Participant’s eligibility to participate and or eligibility to receive any benefits from the Contest.
Each Participant agrees and warrants that all information about the Entry submitted to the Organizer is true, accurate, and complete in every respect (including but not limited to registration information, and information about its Entry). The Organizer reserves the right to verify any and all such information submitted to it. The Organizer shall have the right to disqualify any participant found to have given false or inaccurate information.
Each Participant agrees and warrants that it has full capacity, authority, and legal right to agree to the Terms. Each participant further consents to the use and access to their Registration/Entry Information by the organizers for any legitimate purpose.
OBLIGATIONS OF THE PARTICIPANTS
It is recognized by all parties that each Participant owns the copyright of the Concept and Character of their Entry and hereby is accepted and protected by the Organizer, in its capacity, as an official entry to the Contest.
However, for the purpose of the Contest, each Participant agrees to grant to the Organizer a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new and or improved products and services) each Participant submits for the Contest, whether for profit or not, by all means and in any media now known such as but not limited to YouTube or hereafter developed. Each Participant also grants the Organizer the right (though it acknowledges and agrees that the Organizer shall not be obliged) to use each Participant’s name in connection with the submitted materials and other information as well as in connection with all advertising, marketing, soliciting of sponsors and promotional materials related thereto. Each Participant agrees that it shall have no recourse against any of the Organizer for any alleged or actual infringement or misappropriation of any proprietary right in its communications.
Each Participant represents and warrants that, at the time of the entry, its Entry has not been submitted (in whole or in part) to any other publication, competition or public viewing, and undertakes not to submit its Entry to any social media sites at any time during the Contest. Thereafter, each Finalist further undertakes not to submit its Entry to any local or international competition until June 30, 2018.
Each Finalist agrees and undertakes to attend or be represented during the Finals
RIGHTS OF FIRST REFUSAL
Be it known that the entry can be made into a series of media content (including, but not limited to, movies, web series, television series, and comics) and will be represented by DV Tech
It is recognized by all parties that DV Tech holds the right of first refusal for the Entry’s future ventures (including, but not limited to, movie production, TV show production, web series, and merchandising). Before the Participants may offer or sell the Entry to a third party, the Participants shall first offer the Entry to DV Tech on the same terms and conditions as are offered by the third party. DV Tech shall have 30 days during which to accept the said offer. If DV Tech does not accept the offer within the period, the Participants would be free to accept the third-party offer. If the Participants do not enter into an agreement with the third party on said terms and conditions and close the transaction within 90 days, the Participants’ right to sell the Entry to the third party shall expire and the procedure described in this Section shall again be applicable.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property and proprietary rights in each Participant’s Entry shall belong solely to the Participant but subject to the provisions of Section 15 where the Organizer has the right to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new and or improved products and services) each Participant submits for the Contest, whether for profit or not, by all means and in any media now known such as but not limited to YouTube or hereafter developed.
Each Participant represents and warrants that they are the sole and exclusive owner of the intellectual property and proprietary rights in such Participant’s Entry and has the full right to grant to the Organizer and partners the license set out in Clause 15.
All video footage in the Participant’s Entry must be the Participant’s original work or creation, and/or all music, video, and images, copies, and texts, must be original, licensed, permitted, or copyright-free.
It is understood that the entry registration and appropriate credits are given but should contain the following disclaimer (if needed) —- Names, characters, businesses, places, events, and incidents in their Entry are either the products of the Participant’s imagination or used in a fictitious manner. Any resemblance to actual persons, living or dead, or actual events is purely coincidental.
Any third party music or images used must be appropriately credited and acknowledged within the Entry and or accompanied by the appropriate third party permissions and clearances.
It is the Participant’s responsibility to ensure that they do not infringe the copyright or intellectual property right of another person, group, or entity.
INDEMNITY AND LIMITATION OF LIABILITY
To the maximum extent permitted by law, each Participant:
Undertakes not to seek nor initiate any claim or cause of action whatsoever, including in contract, tort (including negligence), or equity, against the Organizer, their business partners, employees, and or related parties arising or in connection with this contest
Each participant shall defend, hold harmless, and indemnify the Organizer, their business partners, employees, and or related parties for and against any and all claims, causes of action, demands, liabilities, losses, damages, penalties, interests, judgments, settlements, costs and expenses (including reasonable lawyers’ fees) that directly or indirectly arise out of or are based on: (i) the Participant’s conduct, activity, error and or omission, (ii) the Participant’s breach of this Terms and or any law, regulation or rule, and or (iii) the Participant’s actual or alleged infringement of any intellectual property rights or other rights of any person or company.
The Organizer reserves the right to terminate the Contest (in whole or in respect of a specific Participant) at its discretion at any time, with immediate effect or on such other date as the Organizer may state, by giving a written notice to the Participant(s) in accordance with Clause 32.
The Terms and any dispute or claim arising out of or in connection with it or its subject matter (including the Contest), existence, negotiation, validity, termination, or enforceability (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Philippines, and each Participant submits to the non-exclusive jurisdiction of the courts of the Philippines.
Any part of any provision of the Terms that is invalid, unenforceable, or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other part of the Terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.
Third Party Rights.
No person who is not a party to the Terms has any right to enforce or enjoy the benefit of any provision of the Terms.
The Organizer shall not be liable to the Participants or be deemed to be in breach of the Terms by reason of any delay in performing, or any failure to perform, any of its obligations, if the delay or failure was due to any event or circumstance the occurrence and the effect of which the Organizer is unable to prevent and avoid notwithstanding the exercise of reasonable foresight, diligence, and care on the part of the Organizer.
The Organizer reserves the right to use each Participant’s name, photographs, and any information relating to the Participant’s application that is not marked as confidential information, for marketing, solicitation, publicity purposes without requiring any further consent, incurring any fee, or providing any compensation regardless of any incidental income or profit that may be derived therefrom.
As regards any decision that the Organizer may make at its discretion, it shall not be required to provide any reason or explanation for its decision. Without prejudice to the foregoing, any reason or explanation provided by the Organizer is for information only, shall not be binding on the Organizer, and does not constitute any representation, warranty, or undertaking as to future action or otherwise.
Amendment and Variation.
The Organizer reserves the rights to amend, modify, add to, or otherwise vary the Terms from time to time by giving seven (7) days’ notice thereof to the Participants and any such amendment, modification, or supplement shall take effect as from the date specified in such notice. The Participants’ continued participation in the Contest shall be deemed to be conclusive acceptance of such amendments, modifications, or variations to the Terms and the Participants shall be bound by the Terms so amended.
No failure to exercise or enforce and no delay on the part of the Organizer in exercising or enforcing its rights under the Terms shall operate as a waiver thereof nor shall such failure or delay in any way prejudice or affect the rights of the Organizer at any time.
Notices and Correspondence to Participants.
All notices and communications by the Organizer to the Participants may be sent or dispatched by delivery, post, e-mail, SMS, or facsimile transmission or by otherwise making public such notice in any other such manner deemed appropriate by the Organizer. Any such notice, demand or communication addressed and so dispatched to the Participants shall be deemed to have been received by the Participants:
In the case of dispatch by e-mail, SMS, or facsimile transmission or other instantaneous electronic communications, immediately upon transmission by the Organizer;
In the case of dispatch by delivery to the address of the Participant, on the date, and at the time it was so delivered or left at that address; and
In the case of dispatch by post:
To any address in the Philippines, on the next day after it was posted by the Organizer; or
To any address outside the Philippines, on the seventh (7
) day after it was posted by the Organizer.
In the case of making public such notice in any other such manner deemed appropriate by the Organizer, on the date of the making public of such notice, as applicable.
Notices and Correspondence to the Organizer.
All notices and requests to the Organizer shall be in writing and emailed to firstname.lastname@example.org unless otherwise specified to the Participants. The Organizer shall be entitled to regard as ineffective and invalid any notice or request of the Participants the receipt of which has not been confirmed by the Organizer to such Participant.
. Each Participant agrees to the Organizer’s collection, use, and disclosure of its authorized representatives’ personal data for the purposes of processing its registration for the Contest and facilitating the Contest. Each Participant further agrees to the Organizer contacting it or its authorized representatives by phone call, text messages or email, in relation the Contest.
Each Participant undertakes that it shall not
At any time during the Contest, and at any time after the Contest, disclose to any person any confidential information concerning the Organizer, Partners, Sponsors, and the Contest;
Retain any confidential information after the conclusion of the Contest; and
Commercialize any confidential information, unless otherwise approved by the Organizer in writing.
Participants must notify the Organizer immediately if they are aware of any actual or potential breach of this clause. For the purposes of this clause, “confidential information” means, regardless of the form of disclosure or the medium used to store it, all information that the Organizer deems to be confidential
The Entry is assumed to have been made in good faith and that the Participants shall be solely responsible to all talents, actors, workers, models, contractors, producers, cameramen, etc. that they will bring in to the contest without any claim of liability whatsoever against the Organizer.
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