The 5-Min Video Challenge Participation Terms & Conditions ( The 5-Min Video Challenge Terms ) General 1. About The 5-Min Video Challenge a. Airtel ( Organizer ) is organising a regional video challenge ( The 5-Min Video Challenge ) a regional video competition to be held from September 13, 2017 till September 30, 2017. The objective of The 5-Min Video Challenge is to create a platform for participants to fulfill their potential by showcasing their talent & creativity and be rewarded and recognized as an innovative creator in the region b. The 5-Min Video Challenge consists of: (i) local competitions/events for videos ( Entries or Entry ) submitted by local participants (the Participants and each a Participant ) held by Airtel and its following regional partner mobile operators in each of their respective regional markets ( Local Competition ) from September 13, 2017: Advanced Info Service Public Company Limited (Thailand) Airtel Africa (Africa) Globe Telecom, Inc (Philippines) Optus Mobile Pte Limited (Australia) Singapore Telecommunications Limited (Singapore) PT Telekomunikasi Selular (Indonesia) (collectively, the Participating Operators and each a Participating Operator ); and (ii) a regional competition/event for the winning videos from each region ( Regional Finals ). c. Each Participating Operator will select two (2) Participants as the winners of their respective Local Competition. d. The fourteen (14) Local Competition winners (collectively, the Finalists and each a Finalist ) will be invited to enter and compete in the Regional Finals. e. At the Regional Finals, each Finalist s Entry will be assessed by a panel of judges. There will be one (1) final winner of the Regional Finals selected ( Final Winner ) and one (1) runner up ( Runner Up ). 2. By registering for and participating in The 5-Min Video Challenge, each Participant agrees to these Terms set out herein (as amended from time to time) and all decisions of the Organiser and/or Participating Operator, which shall be final and binding on each Participant. Qualifying Criteria for The 5-Min Video Challenge 3. The 5-Min Video Challenge is open to all persons aged above 18 years of age at the time of entry, or those persons below 18 years of age that have the prior written consent of their parent or guardian. 1
Employees and agents of Participating Operators, as well as contractors or subcontractors engaged in connection with the development or operation of The 5-Min Video Challenge, are not eligible to enter The 5-Min Video Challenge. 4. The Participant should be a subscriber of Airtel or of the Participating Operators in their respective countries. 5. Each Participant agrees that in order to participate in The 5-Min Video Challenge, each Participant must satisfy the following qualifying criteria: a. Completion of successful registration for The 5-Min Video Challenge; and b. compliance with these Terms at all times, (the Qualifying Criteria ). 5. In the event the Qualifying Criteria has not been satisfied or ceases to be satisfied at any time, or any provision of these Terms is not complied with, the Organiser and/or Participating Operator shall be entitled at its discretion to disqualify such Participant(s) from The 5-Min Video Challenge. 6. Notwithstanding any other clause in these Terms, the Organiser and/or Participating Operator has the discretion to decide a Participant's eligibility to participate in The 5-Min Video Challenge and a Participant's eligibility to receive any benefits from The 5-Min Video Challenge. 7. Each Participant agrees and warrants that all information submitted to the Organiser and/or Participating Operator is true, accurate and complete in every respect (including but not limited to registration information and information about its Entry). The Organiser and/or Participating Operator reserves the right to verify any and all such information submitted to it. 8. Each Participant agrees and warrants that it has full capacity, authority and legal right to agree to these Terms. The 5-Min Video Challenge Rules and Judging Criteria 9. The Participant s Entry shall not contain, as determined by the Organizer/ Participating Operators in their sole discretion, any content that is sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, race, gender, religious, professional, sexual orientation or age group, profane or pornographic material, contains nudity, promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), promotes any activities that may appear unsafe or dangerous, promotes any particular political agenda or message, is obscene or offensive, endorses any form of hate or hate groups or defames, misrepresents or contains disparaging remarks, or incite conflicts about governments, other people or companies. 10. The Organiser and/or Participating Operator will announce the rules for The 5-Min Video Challenge and the judging criteria prior to the start of The 5-Min Video Challenge. The 5- Min Video Challenge rules and the judging criteria shall be deemed to be incorporated in these Terms and each Participant s continued participation in The 5-Min Video Challenge shall constitute acceptance of these Terms (as amended from time to time). 2
11. The Organizer will announce the Final Winner and Runner Up after the conclusion of The 5-Min Video Challenge. Obligations of the Participants 12. Each Participant agrees to grant to each of the Participating Operators 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 or improved products and services) the Participant submits for The 5-Min Video Challenge by all means and in any media now known or hereafter developed. Each Participant also grants to each of the Participating Operators the right (though it acknowledges and agrees that the Participating Operators shall not be so obliged) to use the Participant s name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. Each Participant agrees that it shall have no recourse against any of the Participating Operators for any alleged or actual infringement or misappropriation of any proprietary right in its communications to the Participating Operators. 13. Each Participant represents and warrants that, at the time of entry, its Entry has not been submitted (in whole or in part) to any other person, and undertakes not to submit its Entry to any competitor of the Participating Operators at any time during The 5-Min Video Challenge. Thereafter, each Finalist further undertakes not to submit its Entry to any competitor in the regional markets where the Participating Operators operate. 14. For all revenue received by the Finalists in relation to the Entry during the three (3) year period following the conclusion of The 5-Min Video Challenge (with the exception of any prize money received by the Participant from The 5-Min Video Challenge), the Participating Operators of the respective Finalist shall be entitled to a percentage of five per cent (5%) of such revenue. 15. Each Finalist agrees and undertakes to attend the Regional Finals, failing which it may be disqualified to compete in the Regional Finals. Intellectual Property Rights 16. All intellectual property and proprietary rights in each Participant s Entry shall belong solely to the Participant. 17. 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/or Participating Operator the license set out in Clause 12. 18. All footage in the Participant s Entry must be the Participant s original work, and all music and images must be original, permitted or copyright-free. 3
19. Any third party music or images used must be appropriately credited and acknowledged within the Entry and/or accompanied with the appropriate third party permissions and clearances. 20. It is the Participant s responsibility to ensure that they do not infringe the copyright or intellectual property of another person, group or entity. Indemnity and Limitation of Liability 21. To the maximum extent permitted by law, each Participant: a. undertakes not to seek or initiate any claim or cause of action whatsoever, including in contract, tort (including negligence) or equity, against the Organizer, the Participating Operators, their business partners, employees and/or related parties; b. agrees that the total liability of the Organizer, the Participating Operators, their business partners, employees and/or related parties, severally or jointly, will not exceed SGD$500 per claim or cause of action or SGD$5,000 in aggregate. Each Participant agrees that this is fair and reasonable; shall defend and indemnify the Organizer, the Participating Operators, its business partners, employees and/or related parties for and against any and all claims, causes of action, demands, liabilities, losses, damages, penalties, interest, judgments, settlements, costs and expenses (including reasonable lawyers' fees) that directly or indirectly arise out of or are based on: (a) the Participant s conduct, activity, error and/or omission, (b) the Participant s breach of these Terms and/or any law, regulation or rule, and/or (c) the Participant s actual or alleged infringement of any intellectual property rights or other rights of any person or company. 22. Termination. The Organizer reserves the right to terminate The 5-Min Video Challenge (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 written notice to the Participant(s) in accordance with Clause 28. 23. The Organizer will be entitled to postpone, suspend, modify or cancel the Challenge or any aspect thereof, at any time before or during the Challenge with or without notice, for any reason, including, but not limited to, acts of God, force majeure, technical difficulties, or any other reasons beyond the Organizer s reasonable control. If the Organizer suspends or cancels the Contest in the interim, all aspects of the Contest shall be null and void. Airtel will not be liable to compensate any Eligible Participant for any postponement or cancellation or for any reason directly or indirectly arising out of this Contest. 24. Governing Law. These Terms and any dispute or claim arising out of or in connection with it or its subject matter (including The 5-Min Video Challenge), existence, negotiation, validity, termination or enforceability (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of India, and each Participant submits to the non-exclusive jurisdiction of the courts of India. 25. Severability. Any part of any provision of these 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 4
these Terms, which shall continue to be valid and enforceable to the fullest extent permitted by law. 26. Third Party Rights. No person who is not a party to these Terms has any right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore to enforce or enjoy the benefit of any provision of these Terms. 27. Force Majeure. The Organizer shall not be liable to the Participants or be deemed to be in breach of these 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 an 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. 28. Publicity. 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 publicity purposes without requiring any further consent, incurring any fee or providing any compensation. 29. Decision. 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. 30. Amendment and Variation. The Organizer reserves the right to amend, modify, add to or otherwise vary these 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 5- Min Video Challenge shall be deemed to be conclusive acceptance of such amendments, modifications or variations to these Terms and the Participants shall be bound by these Terms so amended. 31. Waiver. No failure to exercise or enforce, and no delay on the part of the Organiser in exercising or enforcing its rights under these Terms shall operate as a waiver thereof nor shall such failure or delay in any way prejudice or affect the rights of the Organiser at any time. 31. Notices and Correspondence to Participants. All notices and communications by the Organiser 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 Organiser. Any such notice, demand or communication addressed and so dispatched to the Participants shall be deemed to have been received by the Participants: a. in the case of dispatch by e-mail, SMS or facsimile transmission or other instantaneous electronic communications, immediately upon transmission by the Organiser; b. 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 5
c. in the case of dispatch by post: to any address in India, on the next day after it was posted by the Organiser; or to any address outside India, on the seventh day after it was posted by the Organiser. d. in the case of making public such notice in any other such manner deemed appropriate by the Organiser, on the date of the making public of such notice, as applicable. 32. Notices and Correspondence to the Organiser. All notices and requests to the Organiser shall be in writing and emailed to enquiries@the5minvideo.com, unless otherwise specified to the Participants. The Organiser 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 Organiser to such Participant. 33. Personal Data. Each Participant agrees to the Organiser s collection, use and disclosure of its authorised representatives personal data for the purposes of processing its registration for The 5-Min Video Challenge and facilitating The 5-Min Video Challenge. Each Participant further agrees to the Organiser contacting it or its authorised representatives by phone call, text messages or email, in relation to The 5-Min Video Challenge. 34. Confidential Information. Each Participant undertakes that it shall not: a. at any time during The 5-Min Video Challenge, and at any time after The 5-Min Video Challenge, disclose to any person any confidential information concerning the Organiser, Participating Operations and The 5-Min Video Challenge; b. retain any confidential information after the conclusion of The 5-Min Video Challenge; and c. commercialise any confidential information, unless otherwise approved by the Organiser in writing. Participants must notify the Organiser 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 Organiser deems to be confidential. 6