1. The Requirements for Filling out and Signing the Participation Form,
Copyright Assignment Letter and Other Contracts
1.1 Filling out and Signing the Participation Form
The Participant shall fill in the Participation Form with the information
related to itself and the Submission Work, and shall sign its name (or title),
as such name (or title) appears on the its identification document, in the
Participation Form.
If/when a Participant has independently created (or has jointly created
with another party) more than one piece of Submission Work, the Participant
should fill out and sign one copy of the Participation Form for each of such
Submission Work . If/when a piece of such Submission Work is a
collectively-created product, each contributing Participant should fill out and
sign one copy of the Participation Form for such Submission Work. In addition to
the circumstances stipulated by the laws of the People’s Republic of China, a
piece of Submission Work shall also be deemed to be collectively created under
the following circumstances: (a) a piece of Submission Work consists of a part
created by one person in written form and a part created by another person by
performance, or (b) a piece of Submission Work consists of a score composed by
one person and lyrics composed by another person.
If/when a Participant refuses to fill out or sign the Participation Form or
fills out or signs the Participation Form in an inaccurate and/or incomplete
manner with respect to the Submission Work that is independently created by such
Participant or jointly created by the Participant with another party, such
Submission Work will be deemed to be disqualified for entering the Campaign.
1.2 Signing the Copyright Assignment Letter
Each Participant shall sign the Copyright Assignment Letter for the
Submission Work presented by such Participant.
If/when a Participant has presented more than one piece of Submission Work,
the Participant shall fill out and sign one copy of the Copyright Assignment
Letter for each of such Submission Work and Materials. If/when a piece of
Submission Work is a collectively-created product, all contributing Participant
shall sign the same copy of the Copyright Assignment Letter for such Submission
Work and Materials. In addition to the circumstances stipulated by the laws of
the People’s Republic of China, a piece of Submission Work will also be deemed
to be collectively created under the following circumstances: (a) a piece of
Submission Work consists of a part created by one person in written form and a
part created by another person by performance, or (b) a piece of Submission Work
consists of a score composed by one person and lyrics composed by another
person.
If/when a Participant refuses to sign the Copyright Assignment Letter or
signs the Copyright Assignment Letter in an inaccurate manner in respect of the
Submission Work that is presented by the Participant or jointly created by the
Participant and another party; such Submission Work will be deemed to be
disqualified for entering the Campaign. In regard to a specific Submission Work
and Materials, the information regarding the Participant that is provided by the
Participant in the Participation Form and that in the Copyright Assignment
Letter shall be consistent with each other. Any inconsistency between the
information provided in the aforesaid documents may cause relevant Submission
Work to be deemed as being disqualified for entering the Campaign.
1.3 Execution of Other Contracts
During the period of this Campaign , the Participant shall, at BOCOG’ s
request, take part in certain cultural activities as designated by BOCOG and
execute any other contracts, in the form and content acceptable to BOCOG. To the
extent as necessary for executing any such contract, BOCOG will inform the
Participant of such situation in writing. If the Participant is a non-individual
entity, upon BOCOG’ s request, the Participant shall also ensure that its
employees and any other persons contributing to the creation of the Submission
Work will execute such a contract.
If the Participant does not execute, or cause relevant parties to execute
any aforesaid contract pursuant to the stipulations of the preceding paragraph,
the Participant will be deemed as having given up, free of will, the
qualification of the Participant’s Submission Work for entering the Campaign;
under such circumstances, the covenants made by the Participant in the Copyright
Assignment Letter regarding the assignment (license) of the copyright of the
Submission Work and Materials and all relevant rights derived therefrom shall
remain effective.
1.4 Other Requirements for Filling out and Signing Relevant Documents
The Participant shall have the necessary capacity for civil rights and
capacity for civil conducts to fill out and sign all the documents stipulated in
the Campaign Rules and to perform relevant obligations stipulated in such
documents.
Provided that the Participant is a natural person, if the Participant is a
person having no capacity for civil conduct or with limited capacity for civil
conduct, the Participant’s Submission Work will be deemed as being disqualified
for the Campaign, unless his/her statutory agent expresses consent and therefore
signs all the documents stipulated in the Campaign Rules. According to the laws
of the People’s Republic of China, “a person having no capacity for civil
conduct” refers to a person under the age of 10 or a mentally ill person who is
unable to account for his own conduct; “a person with limited capacity for civil
conduct” refers to a person who has reached the age of 10 but under the age of
18 or a mentally ill person who is unable to fully account for his own conduct.
However, normally a person, who has reached the age of 16 but not the age of 18
and whose main source of income is his own labor, shall be regarded as a person
with full capacity for civil conduct”.
The Participants shall clearly sign in black or blue carbon ink the
Participation Form, the Copyright Assignment Letter and other Contracts.
2. Disposal of Relevant Documents and Materials and the Copyright
Ownership
2.1 All materials delivered to the Olympic Songs Solicitation Office,
including the Submission Work and Materials, the Participation Forms, the
Copyright Assignment Letter, identification documents and other relevant
materials that are submitted pursuant to the Campaign Rules, will not be
returned to the Participants.
2.2 The Participant agrees, in accordance with the provisions of the
Copyright Assignment Letter signed by the Participant, to assign the copyright
of the Submission Work and Materials and all relevant rights derived therefrom
that are owned by the Participant to BOCOG. Or, if any part of the aforesaid
rights is non-assignable, the Participant will make due arrangements on such
non-assignable rights pursuant to the Copyright Assignment Letter.
However, according to the provisions of the Copyright Assignment Letter,
the Participants are entitled to revoke the covenants regarding the copyright
assignment and the license matters under such letter.
3. Matters Acknowledged and Guaranteed by the Participant
3.1 The Participant agrees that, under the precondition that the
Participants don’t accord with the Copyright Assignment Letter to exercise the
right of revoking the covenants regarding the copyright assignment and the
license matters entitled to it under such letter, neither the Participant nor
any of the Participant’s successors and assignees will exercise, or will enforce
against BOCOG or any of BOCOG' s licensees, successors and assignees, any rights
(including, without limitation, any moral rights provided under applicable law)
owned by the Participant in respect of the Submission Work and Materials.
3.2 Unless being awarded a prize for the Submission Work and Materials in
accordance with the Campaign Rules, the Participant will not be paid any
compensation or remuneration in any form for creating the Submission Work and
Materials, assigning (licensing) the relevant rights, or for BOCOG’ s use or
utilization of the Submission Work and Materials, etc.
3.3 The Participant acknowledges that the Submission Work, if selected as
the official theme song for the opening ceremony of Beijing 2008 Olympic Games,
will be used as a significant musical symbol of Beijing 2008 Olympic Games and
other related events (jointly referred to as the "Games") and BOCOG, and will
become an important element in communicating the unique image and spirit of the
City of Beijing and the People's Republic of China and the ideals of the Olympic
Movement as embodied in the Games. The Participant acknowledges and accepts the
importance of protecting the long term interests of the Games and Olympic
Movement.
3.4 The Participant has never taken any action and shall not take any
action that might impair in any way any of BOCOG’ s rights in or to the
Submission Work and Materials as set forth in the Campaign Rules and the
Copyright Assignment Letter. Upon BOCOG’ s request, the Participant shall
promptly take all actions that BOCOG may reasonably request (including executing
and delivering additional documents) to evidence and give effect to BOCOG’ s
ownership of the rights to the Submission Work and Materials (including
copyright, proprietary rights and other related rights).
3.5 BOCOG will be entitled to use the Submission Work and Materials as
contemplated in the Campaign Rules and the Copyright Assignment Letter free of
charge and without any license or approval from, or payment to, the Participant
or any third party. Nonetheless, BOCOG will have no obligation to use or utilize
any Submission Work or Materials.
3.6 The cultural activities by the Participant in respect of the fact that
the Submission Work and Materials has been submitted in the Campaign, shall be
conducted in such a manner as BOCOG has approved.
3.7 The Participant agrees that, unless as otherwise provided in the
Campaign Rules, none of BOCOG, the International Olympic Committee, Beijing
Municipality, or any of their officials, officers, employees, consultants,
agents, representatives or volunteers(jointly referred to as “the Released
Parties”) will incur any financial responsibility or liability of any kind or
nature in connection with or arising out of the Campaign Rules, the Copyright
Assignment Letter, the Submission Work and Materials or the Campaign against the
Participant. Provided that the Participant is likely to have claims, demands,
action, suits or legal proceedings against any Released Party, to the extent any
cause of such action arises from or is in connection with the Campaign Rules,
the Copyright Assignment Letter, the Submission Work and Materials, the Campaign
or other related issues, the Participant hereby irrevocably covenants to refrain
from bringing or causing to be brought, any claims, demands, action, suits or
other legal proceedings.
3.8 The Participant will indemnify, defend and hold harmless the Released
Parties from and against any and all claims by third parties, which are arising
or resulting from, in connection with or related in any way, directly or
indirectly, to the Submission Work and Materials, or any breach or alleged
breach of any of the Participant's covenants, representations and warranties
under the Campaign Rules and the Copyright Assignment Letter that is conducted
by the Participant or any party acting on the Participant's behalf or under the
Participant's direction; provided, however, that the Participant will not have
any right, without BOCOG' s written consent, to settle or compromise any such
claim.
4. Confirmation of BOCOG
BOCOG confirms that, according to the provisions of the Copyright
Assignment Letter, the Participants have the right to revoke the covenants
regarding copyright assignment and the license matters under said letter,
provided that the Submission Work is not selected as the Selected Submission
Work.
The Office for the Campaign to Solicit Songs for
Beijing 2008 Olympic Games
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