ULTIMATE POWER STAR2> APPLICATION TERMS & CONDITIONS
1)Ultimate Power Star 2(hereinafter referred to as the “Competition”) is a Mandarin group & solo singing competition organized by MetropolitanTV Sdn Bhd(hereinafter collectively referred to as “8TV”). The Terms and Conditions stated below shall apply to all stages of the Competition.
2)Contestants may participate in the Competition by completing an application form available at participating locations:Green Box Sungei Wang, Red Box Sunway Pyramid or download from 8TV official website. For more information, please log on to
3)By submitting the application form and registering for the Competition, the contestant consents and agrees to be bound by these Terms and Conditions and acknowledge that in the interest of the Competition and the Programme shall override those of any Contestant.
4)The Competition is open to Malaysian, between 18 to40 years of age as at 10thDecember 2011.
5)Current professional TV, movie or recording artistes are not eligible for the Competition.
6)Contestants should have basic working knowledge of Mandarin.
7)Contestants shall make full and honest disclosure of particulars as requested in the application form. The Contestant understands that any false particulars or willful suppression of material facts will render the Contestantliable for disqualification. Each application shall be accompanied by 1 close-up and 1 full-length 4R color photograph of theContestant, taken within the last 3 months. All photographs submitted shall be the property of 8TVwho may, without further reference to the Contestant; use such photographs for purposesin connection with any promotion, marketing, publicity or obtaining sponsorship of the Competition.
8)The Contestantunderstands and accepts that personal particulars and information stated in the application form and any information supplied by the Contestantmay be used by 8TV in whatever form or medium for purposes in connection with the promotion, marketing, publicity or obtaining sponsorship of the Competitionfor broadcasting and the exploitation of the Programme throughout the world. The Contestantunconditionally consents to the disclosure by 8TVof such personal information and particulars to third parties, including but not limited to the media, judges, sponsors and the public.
9)The Contestant shallproduce his/her IC for verification purposes, together with the completed and signed application form on registration day. All details submitted in the application form shall be deemed to be current. In the event of any change of such details, the Contestantshall notify 8TVimmediately.
10)Contestants shall be short-listed to undergo various Competition during the first and second wave of audition.24Contestants will be selected to participate in the pre-recording telecast competitionand live telecast competition. Short-listedContestants shall, subject to 8TV giving reasonable advance notice, make themselves available and render all reasonable assistance to 8TV in connection with the promotion, marketing, publicity or obtaining sponsorship of the Competition and conduct of the Competition for broadcasting and the exploitation of the Programme throughout the world and elsewhere.
11)Contestants who fail to attend training sessions, classes, rehearsals, recording sessions or other events, activities and time schedules related to the Competitionshall be disqualified if the reasons for such absence are found to be unacceptable by 8TV.
12)The Contestant shall at all times comply strictly with 8TV’s specifications/requirements (whether oral or written) as to the Contestant’s appearance, physical characteristics, skills, attire, and/or accessories. A failure to meet any such specifications/requirements shall result in disqualification from the Competition.
13)The winner in this Competitionmay be required to sign a contract with a music label of 8TV’s choice. All the finalists of the Competition may also, at 8TV’s discretion, be offered contracts.
14)The Contestant shall accept and abide by any and all decisions to be made by 8TV and/or the panel of judges concerning decisions relating to the Competition, interviews with the Contestant, the selection and awarding of prizes and/or contracts and the division of prizes in the event of a tie.
15)All prizes won by the Contestant at the Competition shall not be transferable nor exchangeable for cash or otherwise. The Contestant shall not transfer, exchange or redeem any prizes in the form of trips and accommodations won by the Contestant, such prizes can only be used by the Contestant at such times as specified by 8TV or the Sponsors. The Contestant’s refusal to accept any prizes prior to delivery shall release 8TV from all obligations to the Contestant in connection with the prizes. In addition, the Contestant shall fulfill all obligations specified by the Programme and other related sponsors of the Competition.
16)The selection and the number of judges, and the manner in which the Competition is judged, at each stage of the Competition shall be at 8TV’s sole and absolute discretion and the judges’ and/or 8TV’s decision (including, where appropriate, the decision of the voting public) at all stages of the Competition is final. No enquires, appeals, verbal or written, shall be entertained.
17)The Contestant shall not make any personal appearance nor give any interview nor allow publication, in any media(be it visual and/or audio), any information whatsoever concerning himself/herself, the Competition or Metropolitan TV Sdn Bhd or its group of companies without the prior written consent and approval of 8TV.
18)As a condition to entry and participation in the Competition, the Contestant has not entered into any contractual, commercial, sponsorship or other arrangement in respect of his/her singing/performing abilities or the products thereof or in respect of his/her name, likeness, image or biography which might be in breach of the application and/or release forms or documents which 8TV may require the Contestant to sign or these Terms and Conditions or otherwise prevent the Contestant from participating in the Competition or the broadcast, promotion, exploitation or sponsorship thereof. Should the Contestant have entered into such agreement or arrangement prior to the date hereof, the Contestant hereby undertake to notify 8TV immediately and 8TV shall be entitled to take such other action as it considers (in its absolute discretion) to be appropriate including without limitation by disqualifying the Contestant from the Competition.
19)Contestants are required to refrain from wearing any clothing items bearing designer or sports logos or bearing the name or likeness of a celebrity, living or dead, or bearing any offensive language and/or graphics during any part of the Competition.
20)With full title guarantee, the Contestant assigns irrevocably to 8TV (including present assignment of future copyright) the entire copyright and all other rights of whatsoever nature in and to his/her contribution to the Competition and Programme such that 8TV shall be entitled to use and exploit and license others to use and exploit such contribution by all means and in all media and formats whether now known or hereafter invented throughout the Universe for the full period of copyright including any extensions and renewals thereto and thereafter insofar as is possible in perpetuity. Furthermore the Contestanthereby consents to waive all his/her rights under the Malaysian Copyright act 1987 and any amendment or re-enactment thereof (“the Copyright Law”) and under all similar laws in any part of the world that may create rights in his/her appearance on the programme and/or performance in the Competition, to enable 8TV to make fullest use of the Programme and performance in the Competition without restriction.
21)The Contestant hereby waives irrevocably in respect of his/her contribution to the Competition and Programme any and all “moral rights” which Contestant may have now or in the future including but without limitation any of his/her rights under Section 25 and 25A of the Copyright Law or any similar laws of any jurisdiction and acknowledge 8TV’s right to use Contestant’s name, likeness and voice and any biographical details, photographs and recordings of him/her separately from or in conjunction with the CompetitionandProgramme or the sponsorship thereof in all media and formats throughout the Universe including but not by way of limitation on Competition – related web-sites or other online media and in advertising, publicity, sponsorship and exploitation material.
22)All performances by the Contestants shall not infringe any rights (including copyrights) of, or defame or embarrass any person or company and each Contestant shall indemnify 8TV from a breach of this term.
23)8TV shall not be liable to the Contestant or his/her legal representative for any loss or damage or injury to the Contestant or his/herproperty caused by or suffered during or in connection with the Contestant taking part in the Programme unless caused by the negligence of 8TV and recoverable on that ground following judgment of a competent court of final judgment.
24)8TV, as organizer, does not undertake any responsibility to ensure that prizes will be delivered by the sponsors to any prize winner. No obligation will be incurred by 8TV or by its related companies, officers and/or agents by reason of the Contestant’s participation in the Competition or by reason of anything done or omitted to be done by the Contestant as a result of or on account of this application form or Competition. In the event that the sponsor fails or refuses, for whatever reason, to deliver or transfer the prize or make good on its promise or offer to the Contestant, 8TV shall not be liable or responsible for losses (of any nature whatsoever) arising form such failure or refusal. The Contestant will be personally responsible for any taxes on any prizes(if applicable)
25)Full-time employees of 8TV are not eligible to participate in this Competition.
26)8TV reserves the right to change the structure of the Competition as it sees fit including without limitation by adding auditions/rounds to the Competition or requesting additional performance from the Contestants and/or changing the anticipated recording schedule, at 8TV’s absolute discretion.
27)There is no obligation on the part of 8TV to record or broadcast any programme including the Programme in which a Contestant has appeared or any part of his/her contribution to a programme.
28)The Contestant must at all times behave appropriately when taking part in the Competition and observe the Competition Rules and any other rules or regulations in force at the studios and/or locations. 8TV reserves the right in its absolute discretion to remove a Contestant in breach of such rules and regulations from the Competition, studio premise or locations any Contestant who breaks such rules and/or fails to behave appropriately and to disqualify such Contestant.
29)No fees, royalties, residuals or other consideration will be payable to the Contestants in respect of any broadcast subsequent rebroadcast or retransmission or any other use by 8TV (or any assignees or licensees) of the Competition or Programme or any part thereof in any manner or media now known or hereafter invented.
30)8TV will have no liability to a Contestant who is unable to attend or take part in the Competition for whatever reason and 8TV shall be entitled to disqualify, and at their discretion replace, any such Contestant from the Competition at any time therefore.
31)8TV and/or the judges reserve the right to require the Contestant to perform a specific song from a specific genre of its choice. At all times during the Competition, 8TV and/or the judges reserve the right to veto the Contestant’s choice of song, even where the Contestant is permitted to select any song he/she wishes to perform. The Contestant acknowledges and agrees that all songs selected by the Contestant shall be subject to the prior approval of 8TV and/or the judges.
32)No weapons, alcohol or non-prescription controlled substances will be permitted at any 8TV or Competition premises or during any part of the Competition.
33)The Contestant will not from the date of this agreement until 3 (Three) months from the first transmission of the last episode of the Programme, enter into any commercial, contractual, sponsorship or other agreement (Including but not limited to recording or performing contracts) in respect of the Contestant’s musical and/or performing abilities or the products thereof or in respect of the Contestant’s name, likeness, image or biography.
34)The Contestant acknowledges that his/her contribution to the Programme is not a professional performance and does not entitle the Contestant to wages, salary or other compensation.
35)The Contestanthereby agree that for the period from the date of this Term and Conditions to the date the Contestant cease finally to participate in the Programme the Contestant shall not use, publicize or exploit the Contestant’s name, likeness, image, biography or musical or performing abilities in any media throughout the Universe including without limitation on any website or online media (other than by way of the Contestant’s contribution to the Programme as authorized by 8TV)
36)The Producer may freely assign the Contestant’s services and all other right in the Contestant’s contribution to and participation in the Programme to any third party.
37)The Contestant shall at all times comply with all relevant laws, statutes, regulations and requirements of all relevant authorities during the Competition, The Contestant shall bear the consequences in the event of non-compliance with the same and shall indemnify and compensate 8TV for all liability resulting from any failure by the contestant to comply with any laws.
38)Neither Metropolitan TV Sdn Bhd and its group of companies; nor advertiser and/or sponsors nor any of their respective employees, officers, directors and/or agents, licensees, assigns, parents, affiliated and subsidiary companies shall be responsible for any technical, mechanical, or electronic, malfunctions, any war, riot, disease, illness (due to sponsored products) or any acts of God (i.e. inclement weather, floor, etc) which affect or may affect the performance of the Contestant, the Programme production, Competition including the Programme broadcast. If a technical difficulty, mechanical failure, human error, act of God or other abnormality affecting the Programme of the Competition occurs during the taping of the Programme, 8TV will review the situation on a case-by-case basis and take appropriate action in its sole discretion to preserve the integrity of the programme.
39)8TV shall reserve the right to use the names and/or photographs of the Contestant as materials for the purposes of advertising and publicity and the Contestant shall not be entitled to claim ownership or other forms of compensation on the materials. The Contestant may also be required to give comments for press releases, photographs, video, media interviews, radio and television appearances, and at any announcement event(s).
40)The Contestant hereby undertake and agree to, among other things, to treat all information and material received or acquired in connection with the Contestant’s participation in the Programme including without limitation, the progress, results and outcome of the Programme and/or the selected Contestants, as strictly confidential and shall be strictly required not to disclose any such information to any third party. The Contestant also warrants and undertakes that without limiting 8TV’s right to obtain other relief from the Contestant, any breach of this confidentiality warranty and undertaking, will subject the Contestant to 8TV’s right to claim for damages.
41)Non-compliance with any of the Terms and Conditions by the Contestant shall immediately disqualify the Contestant from further participation at any stage of the Competition, and any cash and prizes won shall be forfeited and returned.
42)In the event of any dispute concerning the operation of any element of the Competition or the Terms and Conditions, the decision of 8TV is final.
43)The Terms and Conditions shall be governed by and in all respects construed in accordance with the laws of Malaysia. The Contestant irrevocably submits to the exclusive jurisdiction of the courts of Malaysia in relation thereto.
44)8TV reserves the right to amend or vary any of the Terms and Conditions without prior notice to any Contestant.
I understand the content of the audition forms and the Terms and Conditions of the “Ultimate Power Star 2” competition and
declare that I have provided and filled in all the forms COMPLETELY AND TRUTHFULLY.
(Signature)
Organizer: Official Radio: Produced By:
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