TERMS & CONDITIONS
The Body Shop Malaysia (“TBS Malaysia”) announces a call for entries to moviemakers of all shapes and sizes for the TBS Malaysia Film Festival (“TBS Film”) Contest (the “Contest”).
Contest participants shall submit an original short film of their own creation that is no longer than (3) minutes in running time (there is no minimum time requirement) (“Entry/Entries”).
Contestants can take part in this contest by submitting the entry form found at http://thebodyshop.com.my/tbsfilm/ and sending the entry forms to TBSshortfilmcontest@gmail.com with your completed entry.
A total of ten (10) Entries will be chosen out of the total number of entries (“Shortlisted Entries”). One (1) or more (Winner(s)”) for the TBS Film award will be chosen from these Shortlisted Entries.
From these shortlisted entries, one winner will be selected through a process of Facebook voting. The three (3) runners up will be selected in order based on the overall number of votes they receive from the Facebook voting process
A total amount of Ringgit Malaysia Three Thousand (RM3, 000.00) (“Award Sum”) will be awarded to the Winner(s), with RM500 and RM500 in products provided to the two runner-ups (“Secondary award sums”). A list of shortlisted contestants and the number of shortlisted contestants will be selected by TBS Film’ panel of judges, at their sole and absolute discretion.
From the shortlisted candidates, a winner will be selected by a process of fan voting. The voting will take place on TBS Malaysia’s Facebook page, where the number of likes will determine the placement of the winners, and therefore the winner of the award sum and the second award sums.
The Contest is open to any individuals, 17 years of age or older at the time of entry, whose film entry has never won any prizes in any local or international film festival or film award (“Participant(s)”).
Employees of Rampai-Niaga Sdn. Bhd., and any of its affiliated companies within the meaning of Section 6 of the Companies Act 1965 and their respective subsidiaries and agents, and the immediate family (defined as parents, children, siblings and spouse) of each such employees, together with those with whom such employees are domiciled, are not eligible to participate in the Contest.
By participating in the Contest, Participant(s) warrant that they are eligible to participate under the applicable law governing procurement of prizes and awards.
Rampai-Niaga Sdn. Bhd. reserves the right to disqualify any Participant if Rampai-Niaga Sdn. Bhd. is of the opinion that Participant did not comply with these Rules, or if Participant’s participation in the Contest or receipt of prize would violate any applicable law.
Participants may be required to submit proof of their eligibility.
Each Participant in the Contest shall fully and unconditionally agree to comply with and abide by these Rules and the decisions of TBS Malaysia and its designated judges, which decisions shall be final and binding in all respects.
3. How to Enter
The Contest starts on 7th July 2015 and ends on 1st September 2015 (the “Contest Period”).
Entries are to be received by TBS Film at the email below on or before 6p.m. 1st September 2015. Entries which are not submitted during the Contest Period shall be disqualified.
Only one (1) Entry per group is permitted. Entries must be submitted in the following manner:
The Rules and Entry Forms are available at http://thebodyshop.com.my/tbsfilm/ or on the TBS Facebook page at https://www.facebook.com/TheBodyShopMalaysia?fref=ts
Participants can send their fully completed and signed entry form to TBSshortfilmcontest@gmail.com between 7th July 2015 and ends on 3rd September 2015.
Participant’s name must be clearly stated on their Entry. The participant shall upload his/her/their short film onto his/her/their respective YouTube channel with a video quality of 1080p. Participant’s film entry upload must be labelled as “Unlisted” and must not be sharable on any online avenues. A complete Entry will include the full YouTube URL link in the Entry Form. All entry information provided by Participant must be complete, true and correct.
TBS Malaysia and its agents are not responsible or liable for (i) lost, stolen, late, incomplete, invalid, mutilated, illegible or misdirected entries, which will be disqualified; or (ii) for technical failures of any kind, including, but not limited to, electronic malfunctioning of any network, hardware or software; or (iii) for any error, human, technical or otherwise.
Rampai-Niaga Sdn. Bhd. reserves the right, in its sole discretion, to disqualify any Participants it finds tampering with the operation or entry process of the Contest, or acting in violation of these Rules or applicable law.
Participants located outside of Malaysia should note that customs delays could occur.
Rampai-Niaga Sdn. Bhd. shall not be liable for or pay any customs fees, duties, taxes or tariffs incurred by Participant’s submission.
Submissions received past the submission deadline of the Contest Period shall not be accepted for review and shall be destroyed.
Participants’ Entries will not be returned.
4. Contest rules
The following requirements shall apply to all Participants and their Entries:
A. Each Entry shall comprise of a short film of up to three (3) minutes in length, excluding credits. There is no minimum running time.
B. Participants are required to use a short TBS video logo to start their film submission. The logo will be provided by The Body Shop, at http://thebodyshop.com.my/tbsfilm/
C. The dialogue may be in any vernacular languages spoken in Malaysia but must be subtitled in English.
D. The theme of the movie will be on “peace”, and all films should correspond to the theme.
E. All components of the Entry must be the original creation of the Participant with express exception that TBS Malaysia’s products may be incorporated.
F. Entries shall not contain any profanity, nudity, pornographic images or explicit sexual themes, graphic violence, defamatory or libellous statements or material considered illegal. Entries containing any such aspects and/or that are in violation of any applicable law or otherwise deemed by Rampai-Niaga Sdn. Bhd., in its sole discretion, to be inappropriate will be disqualified. Entries which infringe on any intellectual property rights or other rights will also be disqualified in the sole discretion of TBS Malaysia.
G. Each Entry is an original work which is under no restriction, contractual or otherwise, which will prevent Rampai-Niaga Sdn. Bhd.’s use of the film and that all films are free of any and all liens, encumbrances and claims of third parties. Participant acknowledges, agrees and warrants that, except as permitted in paragraph 4 (E) above, nothing in the film infringes on any intellectual property rights including but not limited to copyrights or trademarks, or violates any person’s rights of privacy or publicity and that all necessary releases, licences and permissions have been secured by the Participants.
H. The Entry shall not include confidential information, trade secrets, trademarks or copyrighted material belonging to any person or entity other than the Participant save and except where the Participant has acquired a suitable license, clearance or permission agreement (proof of which is required upon submission).
I. If any actor appearing in the film is a minor, the entrant shall obtain the necessary consent from the minor's parent or legal guardian.
J. Participants are responsible for securing necessary permissions, talent and location releases and licenses for visual and audio material contained in the submissions. Participants shall only use original music created for their Entry or music that is in the public domain. No other music may be used.
K. TBS Malaysia and its agents shall not be responsible or liable for any loss, damages, claims costs or expenses incurred in or arising from the production or delivery of the film entries.
L. Each participant will only be allowed to submit a single entry.
M. Any entry that does not comply with the above requirements or any other terms herein shall be disqualified.
5. The Top 10 Finalists
Rampai-Niaga Sdn. Bhd. and its agents will notify the Participants of each Shortlisted Entry by email using the contact details provided on the Entry Form.
6. Selection of Winner(s)
Each Entry that is in compliance with these Rules will be reviewed by a panel of judges to be determined by TBS Malaysia. The Entries will be evaluated based upon the following factors:
• Story Telling Ability.
• Emotional Pull.
• Correspondence with theme
• Outstanding Performances.
The top ten entries will be voted on by the public at large. The videos will be released on The Body Shop Facebook page, and be voted on by the public.
The voting will be based on the number of Facebook likes provided in the voting period, which will run from the 7th September 2015 to the 20th September 2015
The competition is open to short films of all production techniques, including animation, documentary, drama, experimental or artist film and hybrid work.
Any votes registered outside the announced voting time, which will be listed online, will not be counted.
Rampai-Niaga Sdn. Bhd. reserves the right to disqualify entries or suspend voting if it has reasonable grounds to suspect that fraudulent voting has occurred or if it considers there has been any attempt to rig the voting. TBS Malaysia has the right to substitute an alternative selection method at its absolute discretion.
If, for any reason, the online voting system fails, the vote may be suspended or a contingency plan may be actioned.
Rampai-Niaga Sdn. Bhd. reserves the right to take action against any perceived abuses of the voting system.
Please note that any employees of Rampai-Niaga Sdn Bhd. is not eligible to vote.
Each individual will only be able to vote once on a single video.
These rules may be subject to changes to where the videos will be displayed or how to voting may be actioned upon.
ALL DECISIONS OF TBS MALAYSIA AND THE JUDGES ARE FINAL AND BINDING. No inquiries or appeals shall be entertained.
7. Award Sum
A total amount of Ringgit Malaysia Three Thousand (RM3, 000.00) will be awarded to the Grand Winner. Runners’ up will win up to RM1, 000 of a combination of TBS products and money. The number of Winner(s) and sum awarded to each Winner(s) shall be decided by a Rampai-Niaga Sdn. Bhd. panel of judges, at their sole and absolute discretion.
The award sum will be paid to the winner listed on the winning entry form. The method of payment shall be at the sole discretion of Rampai-Niaga Sdn. Bhd.
Rampai-Niaga Sdn. Bhd. or its agents will attempt to notify the Winner(s) by ordinary mail or by email or on mobile phone, using the address and contact details provided on the Entry Form. If for any reason the selected Winner or Winners cannot be reached after reasonable attempt has been made, the judges will select other Winner(s) from the Shortlisted Entries and award the Award Sum to these Winner(s).
The prizes will be couriered to the winners to the address provided by them. Winners will be required to send a personal message via The Body Shop™ Malaysia’s Facebook, providing their full name and address. Prizes are non-transferable and non-exchangeable for cash or any other prizes.
Post out address:
Rampai Niaga Sdn.Bhd.
No 5, Jalan Usj 10/1C,
UEP Subang Jaya, Subang Jaya, Selangor, 47620
8. Winning and Notification
The Participants of the Shortlisted Entries will be announced by 7th September 2015 and be posted on https://www.facebook.com/TheBodyShopMalaysia. The Winner(s) will be announced by the 20th September 2015 and be posted on https://www.facebook.com/TheBodyShopMalaysia. The Participants of the Shortlisted Entries and the Winner(s) will also be notified by ordinary mail or by email or on mobile phone, using the address and contact details provided on the Entry Form.
If for any reason the selected winner or winners cannot be reached after reasonable attempt has been made, the said Award Sum will be awarded to the next potential winner(s) from the top ten finalists.
9. Ownership and License of Entries
Participants, as the original creators of the Entries, will retain complete ownership of the Entries. Participants warrant that they hold all rights (including intellectual property rights) in and to the animation(s)/image(s)/material(s) in the animation and/or film sequences submitted.
Each Participant grants to Rampai-Niaga Sdn. Bhd. a perpetual, non-exclusive, worldwide, royalty-free license (“License”) to use, reproduce, edit, distribute, publish, broadcast, stream, make derivative works of and otherwise exploit in any manner and to authorise third parties to use, reproduce, edit, distribute, publish, broadcast, stream, make derivative works of and otherwise exploit in any manner the Entries, including without limitation broadcasting the Entries in connection with any activities carried out by Rampai Niaga Sdn.Bhd. and/or its affiliated companies.
In addition, the Winner(s) grants to BMW Malaysia the non-exclusive worldwide right and license, in perpetuity, to release, publish, distribute, advertise and otherwise exploit the winning Submission on DVD and other home video formats as an extra feature included with the release of Rampai-Niaga Sdn. Bhd.’s products or any other TBS Malaysia marketing and/or public relations campaign.
Participant warrants that the granting of the License and Rampai-Niaga Sdn. Bhd.’s exercise of such License shall not violate any third-party rights. Further, Participant waives his/her moral rights in the Entries and agrees that this waiver shall be binding on his/her heirs and/or successors in title.
Rampai-Niaga Sdn. Bhd. reserves the right and power, at its sole discretion, to edit, translate, dub or alter the Entries for, inter alia, size, aspect ratio or running length.
Each Participant’s submission of the Entry Form constitutes his/her agreement to the grant of the License and to TBS Malaysia’s right to edit the Entries as set forth herein.
Rampai-Niaga Sdn. Bhd. will not return any tangible copies of the Entries to the Participants and shall not be responsible or liable for any loss or damage thereof. Participants acknowledge the receipt of adequate consideration from Rampai-Niaga Sdn. Bhd. in exchange for the rights granted herein.
10. General Terms and Conditions
Participation in the Contest constitutes Participant’s full and unconditional agreement to and acceptance of these Rules. No purchase is necessary to enter or win, and no obligation of any kind is implied.
Except where prohibited by law, participation in the Contest constitutes the Participant’s consent to Rampai-Niaga Sdn. Bhd.’s use of the Participant’s name, city, state, likeness, photograph, statements made by the Participant about the Contest, TBS Malaysia, and/or prize information for promotional purposes in any media without further payment or consideration.
BY ENTERING THE CONTEST, THE PARTICIPANT AGREES TO RELEASE HOLD HARMLESS INDEMNIFY AND KEEP INDEMNIFIED RAMPAI-NIAGA SDN. BHD., THE CONTEST SPONSORS, THEIR AFFILIATED COMPANIES WITHIN THE MEANING OF SECTION 6 OF THE COMPANIES ACT 1965, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AS WELL AS THE INDIVIDUAL JUDGES, FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPANTS PARTICIPATION IN THE CONTEST, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR RECEIPT, POSSESSION, USE OR MISUSE OF ANY PRIZE. TBS MALAYSIA RESERVES THE RIGHT TO CANCEL OR MODIFY THIS CONTEST FOR ITS CONVENIENCE OR IF FRAUD, TECHNICAL FAILURES OR ANY OTHER FACTOR BEYOND RAMPAI-NIAGA SDN. BHD. ‘S REASONABLE CONTROL IMPAIRS THE INTEGRITY OF THE CONTEST AS DETERMINED BY RAMPAI-NIAGA SDN. BHD. AT ITS SOLE DISCRETION. ANY DISPUTES ARISING FROM OR RELATING TO THE CONTEST OR THE SELECTION OF WINNING SUBMISSIONS WILL BE RESOLVED BY RAMPAI-NIAGA SDN. BHD., IN ITS SOLE DISCRETION.
Rampai-Niaga Sdn. Bhd. shall not be responsible or liable for any injury or damage to persons or to property, which may be caused, directly or indirectly, in whole or in part, from downloading any material from any TBS Malaysia’s web sites, regardless of whether the material was prepared by TBS Malaysia or a third party, and regardless of whether the material is connected to TBS Malaysia’s web sites by a hypertext link. All local and national laws and regulations apply.
Participant agrees that:
(1) Any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prizes awarded, other than the administration of the Contest or the determination of winners shall be resolved individually, without resort to any form of class action, and exclusively by the Malaysian Courts of Kuala Lumpur;
(2) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and
(3) Under no circumstances will Participant be permitted to obtain awards for and Participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
(4) All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of Participant on the one hand and TBS Malaysia and its agents on the other hand, in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Malaysia, without giving effect to any choice of law or conflict of law rules of provisions, which would cause the application of the laws of any jurisdiction other than Malaysia.
The Sponsor of this Contest is TBS Malaysia, who has a business address at No. 5 Jalan USJ10/1C, 47620 UEP Subang Jaya, Selangor, Malaysia
By entering, winners agree to grant Rampai Niaga Sdn. Bhd. and their respective parent companies, subsidiaries, affiliates, licensees, directors, officers, agents, independent contractors and advertising/promotion agencies the use of his/her name, details submitted through the Contest website, likeness, biographical data and statements for any purposes, including, without limitation, advertising, trade, or promotion, in perpetuity and throughout the universe, in any and all media now known or hereafter devised, without further compensation, unless prohibited by law. If the winner cannot be contacted, the registration is ineligible, fails to claim a Prize, or fails to timely return the completed and executed declaration and releases as required, the Prize maybe forfeited and an alternate winner may be selected. Refusal or return of the winner notification as undelivered will also result in disqualification and an alternate winner may be selected.
13. Data Protection
- By participating, Participants grant the Organiser and its affiliates the permission to use his/her name, photograph or image for future advertising and publicity purposes in connection with the Contest in any and all media without additional compensation, notification or permission.
- By participating in the Contest, the Organiser agree to only collect it, use it on the Fan Page and the Website and protect it as set out below. This section also outlines the Participants’ rights regarding data protection, and tells the Participant how to contact the Organiser.
- At times the Organiser may retain third parties to process the Participant’s personal details. All such third parties are contractually obliged not to use the Participant’s personal data in any way other than that which are specified herein. The Participants’ rights include: - a right to withdraw your consent to the use of your personal detail at any time by contacting us by Private Message on the The Body Shop™ Malaysia Facebook page and providing us with the Participant’s name and e-mail address so that we can remove it - a right to obtain a copy of the personal data which we hold about you [we reserve the right to charge a small fee for the exercise of this right] - a right to have incorrect personal data we hold about you corrected
If the Participants wish to raise any data protection issue with the Organiser, or exercise any of their legal rights, please contact the Organiser by Private Message on the The Body Shop™ Malaysia Facebook page.
- The Organiser take reasonable precautions to keep the Participant’s personal data secure, and require third party data processors to do the same. Please note, however, that the Organiser may release the Participant’s personal data if required to do so by law, or by search warrant, subpoena or court order.
- Personal data of a data subject may be disclosed by a data user for any purpose other than the purpose for which the personal data was to be disclosed at the time of its collection or any other purpose directly related to that purpose, only under the following circumstances:
- The data subject has given his consent to the disclosure; - is necessary for the purpose of preventing or detecting a crime, or for the purpose of investigations; - was required or authorized by or under any law or by the order of a court;
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