Terms and Conditions
Please read carefully the Terms of the Challenge before you register for and participate in the Challenge (as defined below). These Terms are terms of a legal agreement between you and the Organiser (as defined below) which define your participation to the Challenge.
By registering for and participating in the Challenge, you shall be deemed to have read, understood and agree to be bound by the Terms of the Challenge.
Article 1 Definitions
“CL” shall mean CapitaLand Limited (Company Registration Number: 198900036N), a company incorporated in the Republic of Singapore whose registered office is situated at 168 Robinson Road, Capital Tower, Singapore 068912.
“CapitaLand Group” means CapitaLand Limited and its affiliates, subsidiaries and related corporations.
“Eco-Business” or “EB” shall mean Eco-Business Pte. Ltd. (Company Registration Number: 201023133N) a company incorporated in the Republic of Singapore whose registered office is situated at 2 Science Park Drive, #01-08, Ascent, Singapore 118222.
“Challenge” shall mean the CapitaLand Sustainability X Challenge.
“Challenge Statements” shall mean the business challenge statements that are set out in the “Challenges” tab of the Website.
“Confidential Information” shall have the meaning as defined under Article 9.
“Intellectual Property Rights” shall mean all copyright, patents, trade marks, service marks, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief for any past, current or future infringement, misappropriation or violation of any of the foregoing rights;
“Organiser” shall mean CL who is the organiser of the Challenge.
“Event Manager” shall mean EB who is planning and delivering the Challenge on behalf of CL.
“Third Parties” shall mean any vendor(s) that has been contracted by CL or EB to provide services for the Challenge.
“Participant” shall mean any eligible legal person (including but not limited to an individual or a corporate entity or organization) who has registered to participate in the Challenge.
“Prizes” shall mean the prizes that will be awarded to the respective winners of the Challenge as set out in Article 7.
“Terms” shall mean these terms and conditions which apply to the Challenge.
“Submission” shall mean both the original Submission of all items, files and/or documents in any form submitted at in the Registration Round and the updated Submissions at both the Full Submission Round and Finale Round as set out in Article 6.
“Team” shall mean any group of Participants working on a single Submission.
“Website” shall mean the website hosted at www.capitalandsustainabilityxchallenge.com
Article 2 Eligibility Criteria
2.1 Individuals who meet the following criteria are eligible to participate in the Challenge:
(a) are aged 18 years or over;
(b) are not employees (including full-time and part-time employees) of the CapitaLand Group, or Eco-Business;
(c) are not directly involved in the organization of or judging of the Challenge; and
(d) are not immediate family members of any person directly involved in the organisation of or judging of the Challenge.
2.2 The Organiser reserves the right to assess each Participant’s eligibility and compliance with the Terms at any point during the Challenge. Participants must promptly respond with any necessary evidence to verify their eligibility upon the Organiser’s request. The Organiser reserves the right to refuse entry to any Participant, and shall not be obliged to provide any explanations thereof.
Article 3 Registration and Access to the Challenge
3.1 To register for the Challenge, each Participant must create a user account on the Website and must complete the following compulsory fields:
1. Details of the proposed innovations
2. Details of the Participant (if a corporate entity or organization)
3. Details about project leader
4. Details about other members in the Team
3.2 Registration for the Challenge will start on 10 November 2020 1300hrs (GMT +8) and will close on 17 February 2021 2359hrs (GMT +8).
3.3 For successful registrations, a confirmation email containing an activation link will be sent to the email address listed in the registration forms. Incomplete registration forms cannot be submitted and such applicants will not be registered for the Challenge.
3.4 Participation in the Challenge is free of charge and no Participant shall be obliged to pay a fee or any other consideration to the Organiser in connection with his/her participation in the Challenge.
3.5 The Challenge will be accessible on the Website for the duration of the Challenge, subject to possible maintenance operations on servers or dysfunctions.
Article 4 Duration of the Challenge
4.1 The Challenge will take place from 10 November 2020 to the conclusion of the Finale Round, which is tentatively scheduled to take place in June 2021, details of which shall be provided at a later date (“Challenge Duration”).
4.2 All dates and times referred to in these Terms, the Website and in any documents relating to or in connection with the Challenge, shall be in the Singapore time zone (GMT +8).
4.3 The Organiser reserves the right to alter the duration of individual rounds of the Challenge at any time, without providing any justification. Such amendments will be communicated to the Participants prior to such change.
Article 5 Selection Process
5.1 The Challenge is divided into three rounds:
(a) The first round is where the Participants are required to register their interest with project details and objectives and details on their project leader (“Registration Round”);
(b) The secondary round is where Participants who have been selected from the Registration Round shall proceed to the Full Submission Round (“Full Submission Round”). The Full Submission Round will require Participants to provide a full submission with in-depth detail on their project, and upload pitch decks and supporting documents to support their Submission;
(c) All Submissions from the Full Submission Round will be assessed by a Judging Panel and only shortlisted Participants will proceed to the Finale Round (“Finale Round”) to be held in or around June 2021, the details of which shall be provided at a later date. The Finale Round will require Participants to:
(i) participate in a mandatory mentorship programme and training and coaching sessions where employees from the CapitaLand Group and partners it appoints would help the Participants understand the CapitaLand Group’s business units better, refine the value proposition of their Submission and prepare for the Finale Round;
(ii) make a 7-minute pitch about their Submission to the Judging Panel of the Challenge; and
(iii) answer the judges’ questions in a 7-minute question and answer session after their pitch.
5.2 The evaluation judging criteria (“Judging Criteria”) for eligible submissions are as follows:
(a) Impact & Business Value
(b) Innovation & Creativity
(c) Potential to Scale
The Judging Criteria may change at the Organiser’s discretion. Any such changes will be updated on the Website. Participants are advised to check the Website periodically to keep updated of any changes.
5.3 Submissions will be evaluated by one or more panels of judges selected by CL (“Judging Panel”). Any changes to the Judging Panel shall be determined in CL’s sole discretion.
5.4 Participants and their Submissions must comply fully with the Terms in order to be eligible for being selected as the winners. The Organiser reserves the right to disqualify any Participant, Team and/or Submission that does not comply with any of the Terms, or for any reason the Organiser may deem fit, including but not limited to Submissions which contain inaccurate, invalid or misleading information, and/or where Participants or Teams decline to participate in any of the requirements of a particular round, for example, the mandatory mentorship and/or training and coaching requirement in the Finale Round.
5.5 Eligible Participants whose Submission earns the highest overall score based on the Judging Criteria in the Finale Round may be selected as the winners. There will be two (2) winners in the Finale Round.
5.6 The Organiser will inform all Participants of the Registration Round results within 7 calendar days from the date of Submission, or any amended date in line with this article. Such notification will be carried out via an email sent to the email address registered in each Participant’s user account on the Website. All Participants who have been selected to proceed to the Full Submission Round must respond to the notification email sent by the Organiser before the deadline of the Challenge registration period stated in article 3.2. The Organiser reserves the right to disqualify any Participants who fail to respond to the notification email within the specified timeframe.
5.7 Teams and/or Participants who put in the Submission in the Full Submission Round are required to comply with the requirements of the Full Submission Round.
5.8 The Organiser will inform all Participants of the Full Submission Round results by 31 March 2021, or any amended date in line with this article. Such notification will be carried out via an email sent to the email address registered in each Participant’s user account on the Website. All Teams and/or Participants who have been shortlisted to proceed to the Finale Round must respond to the notification email sent by the Organiser before the deadline specified in the notification email. The Organiser reserves the right to disqualify any Participants who fail to respond to the notification email within the specified timeframe. All shortlisted Teams and/or Participants from the Full Submission Round will pitch their final Submissions in person to the Judging Panel during the Finale Round in or around June 2021.
5.9 Shortlisted participants from the Full Submission Round shall be allowed to make minor changes to their Submissions in preparation for the Finale Round on the basis that the core idea behind the Submission remains unchanged.
5.10 The results of the Finale Round will be announced on the day of the Finale Round.
5.11 Any Participant Submissions deemed by the Judging Panel to be obscene, incendiary, defamatory, sexually explicit, or otherwise objectionable or inappropriate will not be considered for this Challenge. The Organiser and the Judging Panel reserve absolute discretion to determine the acceptability of such work or Submissions.
5.12 Participants must not communicate with or attempt to influence the Judging Panel. Failure to adhere to this rule may result in disqualification of the relevant Participant and/or Team.
Article 6 Submission Requirements
6.1 Each Submission at each Full Submission Round and Finale Round shall consist of a completed Full Submission Form which address the challenge statement. Supporting files may be submitted to supplement each Participant’s Submission.
6.2 Each Submission must be in respect of the selected Challenge Statements as described in the “Submission” tab on the Website. Each Participant may only submit one (1) Submission for each Challenge Statement, but may respond to as many Challenge Statements as the Participant so wishes.
6.3 All Submissions must: (a) be original work owned by the Participant(s), or duly licensed by the owner of such work to the Participants, providing the Participants the rights to distribute and modify the contents for the purpose of this Challenge for all the rounds – Registration Round, Full Submission Round and Finale Round; and (b) not violate or infringe upon any Intellectual Property Rights or proprietary right or other rights including but not limited to contract, copyright, patent, trademark, open-source license permissions, and/or privacy rights, of any other person or entity.
6.4 All Submissions must be in the English language.
6.5 If the Organiser is unable to read the Submission, Participants of the concerned Submission will be notified via email and will be required to re-submit the Submission before the relevant deadline.
6.6 Participants shall not make available or disclose any Submission to the public.
6.7 Any individual(s) making any Submission on behalf of a corporate entity or organisation represents and warrants that he or she is duly authorized by such corporate entity or organisation to make such Submission on the corporate entity’s or organisation’s behalf.
Article 7 Prizes and Winners
7.1 The two (2) winners at the Finale Round would each obtain S$50,000 in project funding from CL to pilot the solution set out in their Submission at CapitaLand Group property(ies)(the “Prize”), provided always that award of the Prize is subject to the Participant agreeing to the terms and conditions under a separate definitive written agreement to be entered between the Participant and an entity in the CapitaLand Group in respect of the piloting of the solution. CL reserves the right to withdraw the award of the Prize to the winner if CL and the winner are unable to mutually agree on the terms and conditions of the pilot project.
7.2 CL will work with the winners to agree on the location, scope and timeline of the pilot project. The winners will need to provide cost proposals to carry out the pilot. The Prize shall be used to offset the total cost of the pilot at CapitaLand Group properties and may include (but not limited to) equipment and software costs, material and production costs, and manpower costs (excluding founders’ salaries). Travel and business development costs will not be covered. Manpower costs should not exceed more than 20% of the grant. The funding of any gaps that are not covered by the Prize would be subject to the mutual agreement of CL and the winner. The Prize shall be disbursed in accordance to a mutually agreed scope and timeline for the pilot.
7.3 The Organiser reserves the right to at any time, in their absolute discretion, cancel or modify the Challenge, amend, substitute, withdraw, add to or modify the applicable conditions to any Prize without prior notice, without having to disclose any reason therefore, and without any payment or compensation whatsoever.
7.4 The Organiser reserves the right not to award any Prize. The decision of the Judging Panel and the Organiser shall be final and conclusive, and no correspondence will be entertained. Prizes not claimed will be forfeited at the sole and absolute discretion of the Organiser.
7.5 Winners must be present at the prize-giving ceremony (“Ceremony”) which will be held on the day of the Finale Round. Any Winner’s failure to attend the Ceremony will result in the forfeiture of their respective Prize.
7.6 By accepting the Prize, each Winner agrees to participate in all media publicity required by CL and/or the CapitaLand Group.
7.7 CL shall not be liable for any claims, losses, damages, injuries, costs and expenses suffered, sustained or incurred (including but not limited to, indirect, consequential loss including death) or costs incurred due to unforeseen circumstances as a result of, or arising out of, or in any way connected with this Challenge and the Prize.
7.8 CL reserves the sole discretion to offer any non-winning Participants the opportunity to pilot their solution, subject to such Participant agreeing to the terms and conditions under a separate definitive written agreement to be entered between the Participant and an entity in the CapitaLand Group in respect of the piloting of the solution.
Article 8 Intellectual Property
8.1 All materials including software, source code, documentation, data, concepts and ideas (whether created or developed independently by a Participant or jointly with others) submitted to CL shall be the property of the Participants. Notwithstanding anything to the contrary herein, each Participant acknowledges and agrees that the CapitaLand Group may use, incorporate or disclose any ideas or concepts (i) related to the Submission; and/or (ii) which are discussed in the course of the mandatory mentorship programme at the Finale Round, for the purposes of the Challenge, and each Participant irrevocably waives any and all claims that may arise against the CapitaLand Group (or its employees, representatives, contractors and agents) or anyone else participating or otherwise attending in this Challenge for such use or disclosure for the purposes of the Challenge.
8.2 By making a Submission, each Participant acknowledges and agrees that CL may obtain many submissions in connection with this Challenge and/or other marketing initiatives or challenges staged and/or offered by CL and/or the CapitaLand Group (“Submitted Ideas”), and that such Submissions may be similar or identical in theme, idea, format or other respects to other Submitted Ideas or other materials developed by CL, CapitaLand Group or their employees, representatives, contractors or agents. Unless prohibited by law, each Participant waives any and all claims against the CapitaLand Group and/or any other Participants and/or Teams that CapitaLand Group may have had and/or may have (presently or in the future), that any Submission and/or other works accepted, reviewed and/or used by CapitaLand Group or other Participants may be similar to his/her Submission, or any compensation that is due to such Participant in connection with such Submission or other works used by any entity in the CapitaLand Group.
8.3 By participating in the Challenge and submitting a proposal, Participants hereby agree to allow CL to contact them for any clarifications about their proposals, and offer CL and the CapitaLand Group or any entity acting on behalf of any entity in the CapitaLand Group, effective as of the date of its Submission, to use, discuss, and distribute the contents within their Submission for the purposes of the Challenge.
8.4 Upon proceeding into the Finale Round, Participants will be committed to work together and attend training and coaching sessions with assigned CL mentors and/or partners appointed by CL to refine or develop their proposal that meets CL’s requirements and context. Participants agree to grant an irrevocable, non-exclusive, royalty-free, worldwide license (“IPR License”) to each entity within the CapitaLand Group, effective as of the date of its Submission, to use, discuss, and distribute, (i) the intellectual property comprised in any and all Submissions, and all modifications and amendments thereto (collectively, the “Assigned Rights”) and/or (ii) any content derived from or relating to the Assigned Rights, for the purposes of the Challenge.
8.5 Participants are not granted the permission to use or display any of the CapitaLand Group’s trademarks (e.g. logo) or rights in any form after this Challenge event without the prior written consent of CL. Participants agree to seek provide prior written notice of 5 working days to CL prior to promoting or publicising their participation or activities related to the Challenge.
Article 9 Confidentiality
9.1 The Organiser may disclose Confidential Information to Participants for the purposes of or in connection with this Challenge.
9.2 "Confidential Information" shall include but is not limited to information, personal data, knowledge and data, whether or not in relation to the Challenge and howsoever obtained or disclosed or accessed, including copies and reproductions thereof, which are of a technical, scientific, financial, commercial or marketing nature (which for the avoidance of doubt includes CL Data or any part thereof) which is not in the public domain and in which the Organiser (with respect to its own Confidential Information) has a business, proprietary or ownership interest or has a legal duty to protect, which the Organiser (with respect to its own Confidential Information) consider to be confidential and which is identified by the Organiser (with respect to its own Confidential Information) as confidential and/or any information which a reasonable third party acting in good faith would recognise as being confidential in nature. For the avoidance of doubt, "CL Data" includes any information belonging to CL and/or the CapitaLand Group or provided by CL and/or the CapitaLand Group in connection with the Challenge including all data, information and computer programs provided by or derived from third parties whether concerning tenants, customers, suppliers, operational data, billing information or otherwise, as well as all compilations or databases containing such data and information.
9.3 The Participant acknowledges that any Confidential Information, if disclosed (whether directly or indirectly) to a third party without the express authorisation of the Organiser, would have a detrimental effect on the businesses of the Organiser.
9.4 The Participant agrees to use the Confidential Information only for the purposes of participating in the Challenge.
9.5 The Participant further agrees to keep the Confidential Information in strictest confidence and shall not, directly or indirectly, use for itself or on behalf of or disclose to any third party any Confidential Information received from the Organiser.
9.6 Each Participant expressly understands that the Confidential Information disclosed by the Organiser is of a commercially valuable and highly sensitive nature. In the event that the Organiser discovers that the Participant, its representatives, employees, servants, officers, agents, consultants or contractors (whether individually or collectively) has made or makes or intends to make or causes to be made or permits to be made any unauthorised disclosure of the Confidential Information, the Organiser will be entitled to take out an injunction against any such party to restrain it from making any such disclosure. In addition or in the alternative, as the case may be, the Organiser will be entitled to exercise such legal and equitable remedies as are available in respect of the breach of the Terms and to further protect the Confidential Information.
9.7 Each Participant understands that the Organiser does not have any obligation to provide Confidential Information to the Participant, that the Organiser does not make any representation or warranty with respect to the accuracy or completeness of the Confidential Information, and that the Organiser shall not be liable to the Participant for any loss or damage resulting from the use of or reliance on any of the Confidential Information.
9.8 At the end of this Challenge, all Participants shall stop using the Confidential Information and shall return all of the Confidential Information to the Organiser, including all copies or reproductions, extracts, summaries or notes, or destroy the same in accordance with the directions of the Organiser and certify the same have been destroyed, if so required by the Organiser.
9.9 The Organiser may, at any time, direct Participants to return all Confidential Information to the Organiser, or any part thereof, and not to make further use of the Confidential Information to be returned. Upon receipt of such directions, Participants shall promptly deliver the requested Confidential Information without retaining any copies or excerpts thereof to the Organiser.
9.10 "Confidential Information" shall not include: (a) Information which at the time of disclosure is in the public domain; (b) Information which becomes part of or enters the public domain other than in breach of the Terms or other than due to the default or wilful or negligent act or omission of the Participant or any of its representatives, employees, servants, officers, agents, consultants and contractors; (c) Information which was known to the Participant prior to receipt from the Organiser provided such prior knowledge can be adequately substantiated by documentary evidence evidencing the disclosure by the Organiser; (d) Information which has been independently developed or obtained by the Participant or obtained by the Participant from a third party other than in breach by either of them of their respective obligations to maintain confidentiality; (e) Information which is required to be used or disclosed by reason of any law, governmental or other regulations or the requirements, orders, directions, instructions or notices of any regulatory authority including any stock exchange, provided however that the Participant shall promptly notify the Organiser of such requirements and shall use its best efforts to limit the scope of the use or disclosure; and (f) Confidential Information which is disclosed to third parties with the prior written consent of the Organiser.
Article 10 Indemnity and Exclusions of Liability
10.1 While reasonable care will be taken of the Submissions provided to the Organiser, the Organiser assume no responsibility for any loss of or damage to the Submissions before, during, and/or after the Challenge.
10.2 The Organiser shall have no liability in connection with:
(a) Any incorrect or inaccurate information, whether caused by the Organiser’s electronic or printing error, or by any of the equipment or programming associated with or utilised in the Challenge;
(b) Technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, internet connectivity or electronic transmission errors, or network hardware or software or failure of the Challenge’s website;
(c) Unauthorized human intervention in any part of the entry process or the Challenge;
(d) Technical or human error which may occur in the administration of the Challenge or the processing of Submissions; or
(e) Any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Challenge or receipt or use or misuse of any Prize.
10.3 The Organiser is not responsible for incomplete, late, misdirected, damaged, lost, illegible, or incomprehensible Submissions or for contact number or email address changes of the Participants. Proof of sending or submitting any Submission or other material shall not be deemed to be proof of receipt by the Organiser.
10.4 If for any reason any Submission is determined to have not been received or been erroneously deleted, lost, or otherwise destroyed or corrupted, the Participant’s sole remedy is to request from the Organiser the opportunity to resubmit the Submission. Such request must be made promptly after the Participant becomes aware or should have been aware of such issue, and the result of which shall be determined by the Organiser in their sole discretion.
10.5 Participants agree that no claim shall be asserted against the Organiser and the CapitaLand Group, Eco-Business, and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Challenge, and all of their respective past and present agents, officers, directors, contractors, employees and representatives, for any and all losses (including special, indirect and consequential losses), injuries, damages, rights, claims and actions of any kind in connection with the Challenge and/or the acceptance of any Prize, including without limitation, personal injuries, death and property damage. To the maximum extent permitted by law, Participants agree to release, the Organiser, the CapitaLand Group, and Eco-Business, and each of their respective agents, officers, directors, contractors, employees and representatives from and against any claim or cause of action in connection with the Participants’ participation in the Challenge, including, but not limited to: (a) unauthorized human intervention in the Challenge; (b) technical errors that may impair the Participants’ ability to participate in the Challenge; (c) errors in the administration of the Challenge; (d) any claim or allegation that the Participants’ participation in this Challenge, or any Submission was in violation of the Terms, or that the Terms infringe any Intellectual Property Right; (e) disputes amongst Participants in teams; and (f) claims relating to damage to persons or property in connection with the Challenge.
10.6 In addition, to the maximum extent permitted by law, each Participant expressly releases the Organiser, the CapitaLand Group and Eco-Business, and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Challenge, and all of their respective past and present agents, officers, directors, contractors, employees and representatives, from and against any and all claims that the Participant may have based on contract, tort, negligence or any other cause of action arising out of or in connection with: (a) the broadcast, transmission, performance, exploitation and/or use of Submissions or any part thereof, or any combination of the foregoing, including, without limitation, any claims of invasion of privacy, defamation, or violation of any Intellectual Property Rights; or (b) creation, submission or entry of a Submission, participation in the Challenge, acceptance or use or misuse of the Prize.
10.7 Each Participant shall indemnify and hold harmless the Organiser, the CapitaLand Group, Eco-Business and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Challenge, and all of their respective past and present agents, officers, directors, contractors, employees and representatives, in full from and against all actions, proceedings, claims, damages, liabilities, settlement sums, charges, losses, costs and expenses (including without limitation, legal costs and expenses and costs of other professionals and any penalties or other amounts levied, imposed or charged by any regulator or regulatory authority) arising out of or in connection with: (a) any claim or action by any third party for actual or alleged infringement of Intellectual Property Rights in connection with the Assigned Rights or any Submissions; and/or (b) any breach or violation of any applicable laws by the Participants or any Submission.
Article 11 Privacy and Publicity
11.1 Participants hereby consent and agree to the Organiser, Event Manager and/or its Third Parties’ collection, use, processing and disclosure of their Personal Data for the purposes set out in Articles 11.2 below. Personal Data refers to any data or information about the Participants who have provided Organiser, Event Manager and its Third Parties in the interaction: name, mobile telephone number(s), email address, facial image in a photograph or video recording, and any other information, for example comments and Submission, relating to the Participants in this Challenge that have been submitted to Organiser, or in other forms of interaction with the Participants. The Personal Data is processed for the specific purposes (collectively Purposes) identified in this Challenge, based on Consent the Participants have granted to Organiser, Event Manager and/or Third Parties. Where the European Union General Data Protection Regulation (GDPR) applies, the legal basis for the processing of Personal Data could also be that it is necessary for the legitimate interests pursued by Organiser, or a third party which is described in paragraphs 3.7(b), 3.8 and 3.9 of CapitaLand Group Personal Data Protection Policy at <https://www.capitaland.com/international/en/legal-notices/privacy-policy.html>. The legitimate interests include managing the relationship between Organiser and Participants, and facilitating Organiser’s internal business purposes and administrative purposes. The provision and processing of Personal Data may be a statutory and/or contractual requirement, or may be necessary in order to perform any contract Participants have agreed with Organiser.
11.2 All Participants must agree to the Purposes stated below in order to participate in the Challenge:
(a) to administer and conduct the Challenge, to facilitate the use of the Prizes, to attribute Participants as the inventors/authors of the invention/work that was created for the purposes of the Challenge, and/or to administer the assignment of the rights in the Submission;
(b) to enable Organiser the use of Submission for marketing, promotional or any other purpose;
(c) to enable Organiser or parties engaged on its behalf and Third Parties to take Participants’ photographs and/or videos during this Challenge. By voluntarily attending or taking part in this event, Participants’ photograph, image and likeness including digitalized image likeness (Collectively “images”) and comments may be captured or recorded, and processed by cameras, videography and/or digital imaging systems;
(d) to grant Organisers’ full rights to use these images and comments, and any reproductions or adaptations of the images for advertisement, publicity, marketing or other related purposes, in printed and online publicity, social media, press releases and other applications. Any intellectual property rights in respect of any images, comments, and/or materials produced by Organiser in relation to the Challenge will vest in Organiser. If any Participant does not agree to the use of his/her photographs, audio-visual footage, comments or Submissions for marketing and promotional purposes, the Participant should notify the Organiser promptly via email;
(e) to participate in any media, promotional activity or publicity related to the Challenge without payment or compensation, if requested to do so by the Organiser; and
(f) to enable contact tracing and other response measures, in case of any emergency that may arise, including due to Coronavirus Disease 2019 (COVID-19). Please note that Organiser and its agents reserve the right here under the applicable exception, paragraph 1(b) of the Fourth Schedule to the PDPA to disclose a Participant’s personal data without consent, if it is necessary to respond to any emergency that threatened, among other things, a Participant’s health, well-being and safety.
11.4 By using third-party websites, platforms or systems, the Participants expressly relieve the Organiser from any and all liability in connection with (i) their access and use of such third party websites, platforms or systems; (ii) any personal data submitted to such third party websites, platforms or systems; and/or (iii) the acts, omissions or defaults of such third parties.
11.5 CL is not obligated to use any Submission for any purpose.
Article 12 General Terms
12.1 The Organiser may modify any provision within the Terms at any time. Participants are responsible for checking the Website for any updates to the Terms. A copy of the latest version of the Terms is made available at the Website. By continuing to participate in the Challenge, Participants signify their agreement to any updates to the Terms.
12.2 The Organiser reserves the right to disqualify any Participant or Team who:
(a) Fails to comply with any provision within the Terms;
(b) Cheats or tampers with the operation of the Challenge; or
(c) Engages in conduct that is unlawful, offensive, or otherwise leads the Organiser to conclude that public association with the Participant may cause controversy or generate any negative publicity or reputational damage for the Organiser or its partners.
12.3 In the event that the operation, security or administration of the Challenge is impaired in any way, the Organiser retains the absolute discretion to:
(a) Suspend the Challenge to address the impairment and then resume the Challenge;
(b) Award the Prize according to the Judging Criteria set forth above from among eligible entries received up to the time of impairment;
(c) Extend any deadlines; or
(d) Take any other reasonable action as deemed necessary and appropriate to the circumstances.
12.4 Participants agree that the relationship between the Participants and the Organiser is not a fiduciary, or other special relationship.
12.5 Entry to the Challenge is personal to the Participant. No other person has any right under the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore) to enforce the Participant's rights under the Terms or enjoy any benefit of any Prize.
12.6 Failure on the part of the Organiser to enforce any term of the Terms shall not constitute a waiver of any of the Organiser’s rights, and shall not affect the validity of any term within the Terms.
Article 13 Governing Law
13.1 The construction, validity, interpretation and enforceability of the Terms, and the legal agreement formed between the Organiser and any Participant accepting these Terms, shall be governed by, and construed in accordance with the laws of Singapore, without giving effect to any choice of law or conflict of law rules.
13.2 Except where prohibited, Participants agree that any and all disputes, claims, and causes of action arising out of, or connected with, the Challenge or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court in Singapore.