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Dialog MO Films Challenge Official Rules
The following terms and conditions on Dialog MoFilms Challenge (the " Competition ") shall apply to all entrants to the Competition
and shall constitute a part of the legally binding Agreement between Dialog Telekom PLC (PQ38) (“Dialog”) and the person who
uploads the MoFilm (the “Entrant”) to the website. Entrants who do not wish to accept following terms and conditions are not
eligible to participate and win prizes in the Competition.
Definitions
Agreement shall mean terms and conditions stipulated herein and any other term or condition relating to this Competition which
may be pronounced by Dialog from time to time.
Competition shall mean Dialog MoFilms Challenge competition.
Content shall mean the mix of texts, files, images, photographs, video, sounds, musical works, works of authorship or any other
material which is a feature in a MoFilm.
Dialog shall mean Dialog Telekom PLC.
Entrant shall mean the person who uploads the MoFilm to the Website for this Competition.
MoFilm shall mean a series of pictures created using a mobile phone by the use of any of the Content.
Website means www.mofilms.lk
Dialog and the Entrant are hereinafter collectively referred to as the “Parties” or “Parties hereto” and individually referred to as a “Party”.
Terms and Conditions
1. Apart from the terms and conditions setout herein, Dialog shall pronounce terms and conditions, relating to the Competition from time to time in other modes of mass media and unless otherwise provided, such additional terms and conditions shall stand incorporated into this Agreement.
2. Dialog may modify the terms and conditions setout herein from time to time and such modification shall be effective as soon as Dialog has posted those modifications on this Website. The Entrant agrees to be bound to any changes to the terms and conditions appearing herein irrespective of the time of using this Website. It is a responsibility of the Entrant to review terms and conditions appearing in the Website and understand the entire Agreement through regular visits to the Website to ensure that the Entrant is aware of the latest terms and conditions.
3. The Entrant waives his/her intellectual property rights over the Entrant’s MoFilm or part thereof and grants to Dialog an exclusive and royalty free right to use the Entrant’s MoFilm or part thereof for any purpose in any manner deemed appropriate by Dialog without any payment to the Entrant.
4. By uploading the MoFilm, the Entrant irrevocably consents to Dialog’s use of his or her (and, for all performers including writers and directors associated with the MoFilm) name, photograph, biographical material and/or likeness, address, voice, and statements made by or attributed to the Entrant, in perpetuity, in any mass media now known or hereafter developed (including, without limitation, print, broadcast, and internet), for all business purposes including advertising and promotional activities without additional payment, notice or approval.
5. In connection with the participation in the Competition, every Entrant represents and warrants that;
a. the Entrant is Eighteen (18) years or above at the date of uploading a MoFilm to this Website ;
b. the Entrant is a citizen of Sri Lanka;
c. all the registration information submitted by the Entrant is complete, accurate and up to date;
d. duration of the MoFilm submitted by the Entrant shall be minimum Sixty seconds and maximum Five minutes;
e. the MoFilm submitted by the Entrant is an own intellectual creation and property of the Entrant and shall not contain any intellectual property rights of a
third party or third parties;
f. where the MoFilm of the Entrant contains any intellectual property of a third party, the Entrant has necessary licenses, rights, consents and permissions
to use such third party intellectual property rights including but not limited to, trade marks, copy rights, confidential information, patents in the Content of
the MoFilm submitted by the Entrant;
g. the MoFilm submitted by the Entrant does not contain information considered by the Entrant's place of business or any other third party to be confidential
and violate any laws or regulations;
h. the Entrant has obtained written consent, release, and/or permission of each and every identifiable individual person appear in the MoFilm to use his or
her name or likeness of each and every such person in the MoFilm and shall produce such letters of consent and of permission to Dialog as and when
Dialog demands for same;
i. the Entrant has obtained written consent and/or permission for the use of each and every privately owned location or property appearing in the MoFilm,
from the owner of such premises, to feature such location in the MoFilm and shall produce such letter of consent and of permissions to Dialog as and
when Dialog demands for same;
j. the MoFilm submitted by the Entrant does not post or encourage an illegal or unauthorized copy of work protected by a third party’s copyright, providing
information to circumvent manufacture-installed copy-protect devices, providing pirated music or links to pirated music files;
k. the MoFilm submitted by the Entrant does not contain any material which impersonates another personality;
l. the MoFilm submitted by the Entrant does not contain any material that posts advertisements or solicitates any business or commercial activity;
m. the MoFilm submitted by the Entrant does not contain any material which solicits personal information from anyone;
n. the MoFilm does not contain any Content or provide links to websites that are unlawful, immoral, obscene, defamatory, libelous, threatening,
pornographic, harassing, hateful, racially or ethnically offensive, or encourage such conduct amounting to a criminal offence, give rise to breach of
contract, break any law, or are otherwise inappropriate;
o. the MoFilm does not contain any Content which is falsehood or misrepresentations damaging reputation of Dialog or any third party.
6. Any Content which referred in Sub Clauses 5(k),5(l),5(m),5(n) and 5(o) shall be considered as prohibited content and it is a condition of the Agreement that every Entrant shall not breach provisions on prohibited Content. Dialog shall have the right to, in its absolute discretion, reject any MoFilm which contains any prohibited Content or any other Content which Dialog deems improper.
7. Dialog shall reserve the right to investigate and take appropriate action against anyone who, in Dialog’s opinion, is in breach of terms and conditions of this Agreement, tampers with the Website and in particular, uploads prohibited and improper content. Such action by Dialog includes, but not limited to, disqualifying the Entrant from the Competition and from any future contest or other promotion conducted by Dialog and to prosecute the Entrant to the fullest extent permitted by law.
8. Dialog shall select the best Ten (10) MoFilms for the final round by a panel of judges appointed by Dialog and the decision of the panel shall be final and binding.
9. All MoFilms that are not selected for the final round of the Competition, including MoFilms rejected by Dialog, shall be deleted from the Website by Dialog and Dialog shall not assume responsibility whatsoever that is arising out of any MoFilm uploaded to the Website.
10. Entrants to the final round of the Competition shall be bound to enter into another agreement with Dialog upon terms and conditions proposed by Dialog.
11. In no event Dialog shall be liable or responsible, whether in contract or tort (including negligence or breach of statutory duty or otherwise) for any losses sustained and arising out of or in connection with any prize, participation of an Entrant or use of the Website , including but not limited to:
a. late, delayed, damaged, misdirected, incomplete, or unintelligible contents in the entries.
b. unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
c. interruption or cessation of transmission to or from our Website;
d. bugs, viruses or trojan horses or similar, which may be transmitted from or through our Website by any third party.
12. The Entrant agrees to indemnify and hold harmless Dialog and its parent companies, subsidiaries, directors, employees, agents from any liability whatsoever for any claims, costs, losses or damages of any kind where such claims, costs, losses or damages occurs due to breach of any representation or warranty given in Clause 5 or breach of any other provision in this Agreement.
13. By entering the promotion, each Entrant agrees to indemnify and hold Dialog and its parent companies, subsidiaries, directors, employees, agents harmless to the fullest extent permitted by law from and against any and all claims, damages, obligations, losses, liabilities, costs including reasonable legal fees especially arising from breach of any third party right including intellectual property rights by the Entrant.
14. This Agreement remains in full force and effect from the time which the Entrant commences uploading the MoFilm until a period of One (01) year lapses from final date of the Competition. However, Clauses 5, 7, 8, 9, 12, 13, 14, 15,18, 22 and 23 shall survive termination of this Agreement
15. Dialog reserves the right to assign or subcontract all or any obligations under this Agreement.
16. Neither Party is liable to the other for failure to perform any obligation under this Agreement to the extent that the failure is caused by any factor beyond the reasonable control of the Parties.
17. Notwithstanding anything mentioned above, Dialog however, reserves the right, in its sole discretion and without prior notice, to suspend or cancel the Competition or alter the rules for any reason due to whatsoever reason, including, but not limited to, if at any time a computer virus, technical problem, or other unforeseeable event alters or corrupts the administration of the promotion.
18. The Agreement will be binding on successors, assigns and personal representatives.
19. Neither Party will be affected by any delay or failure in exercising or any partial exercising of its rights under this Agreement unless a Party has signed an express written waiver or release.
20. If any provision of the Agreement is or becomes illegal, invalid or unenforceable under the law, that will not affect or impair the legality, validity or enforceability the other provision of the Agreement and those provisions shall remain in full force.
21. This Agreement is to be governed by and construed in accordance with laws of Sri Lanka and the courts of Colombo are to have jurisdiction to settle any dispute in connection with the Agreement. However, any dispute arising out of this Competition shall first be amicably settled and if it is unsuccessful it shall be settled by arbitration conducted under Arbitration Act No: 11 of 1995. The place of arbitration shall be Colombo and language shall be English.
I, as the Entrant hereto declare that I have read and understood this Agreement and agree to all of the provisions contained above.
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