- Upon submitting an enrollment form and/or Applicant’s parent or guardian consent letter to Canon Hongkong Company Limited (“the Organizer”) for the Canon PhotoMarathon 2018 Hong Kong (“the Competition”), the Applicants and/or their parents or legal guardians are deemed to have read, accepted and agreed to abide by the relevant rules of the Competition, including these terms and conditions (the “Terms and Conditions”), Official Rules, Competition Rules, Photo Upload Arrangement, Photo File Requirements, Enrollment Procedures and any other rules and terms which the Organizer shall announce from time to time including during the Competition (collectively as “Regulations”).
- Any fee paid by the Applicants in the Competition enrollment shall be made payable to the Organizer and shall not be refunded by the Organizer under any circumstances.
- Challenge category - Applicants must be aged 18 or above and hold a valid Hong Kong/Macau Identity Card, and submit the enrollment form within the period from 11 July 2018 to 25 July 2018, unless otherwise specified in clause 6. The total number of Applicants entitled to “Preliminary Qualification” for the Challenge category is 1,800.
- Corporate category – Applicants must be a legal entity with a valid Business Registration Certificate, and submit the enrollment form within the period from 1 August 2018 to 30 September 2018. Each Applicant can submit enrollment forms for a maximum of 2 teams. Each team must have 4-6 members. Members must be aged 18 or above and hold a valid Hong Kong/Macau Identity Card. The total number of Applicants entitled to “Preliminary Qualification” for the Corporate category is 50.
- Student category – Applicants must either be (i) aged between 15 and 22, hold a valid Hong Kong/Macau Identity card and a valid full-time student card, or (ii) a school or a community center. Applicants must submit the enrollment form within the period from 6 June 2018 to 25 July 2018. Each Applicant can submit enrollment forms for unlimited number of members. Members must be aged between 15 and 22, hold a valid Hong Kong/Macau Identity card and a valid full-time student card. For Applicants or members under 18 years old, a written consent from parent or legal guardian in accordance to the standard consent letter must be sought and submitted at the time of submission of enrollment form. The total number of persons entitled to “Preliminary Qualification” for Student category is 500.
- Early Bird - anyone who has enrolled for any Canon PhotoMarathon held in 2009 – 2017 will have priority to submit the enrollment form for the Challenge Category starting from 9 July 2018. The first 500 Applicants who has successfully submitted the enrollment form as stated in this clause 6 shall automatically receive the “Preliminary Qualification” for the Challenge category. Applicants who have not automatically received the “Preliminary Qualification” shall be entitled to participate in the draw as specified under clause 7.
- After deducting the number of “Preliminary Qualification” given to Applicants under clause 6, if the total number of Applicants who have successfully submitted the enrollment form in each category exceeds the remaining number of “Preliminary Qualification” allocated for that category, the Organizer shall draw randomly from the pool of Applicants who have successfully submitted the enrollment form to give them the “Preliminary Qualification”.
- Age of Applicants shall be counted up to the date of the Competition, which is 3 November 2018.
- Applicants can only submit one enrollment form unless otherwise specified herein. All persons are only entitled to participate in the Competition once only. If a person is enrolled into the Competition in more than one category, regardless as an Applicant or a member of the Applicant, he/she will be deemed to have enrolled into the category he/she first applied for, either on his/her own or through an Applicant.
- An Applicant shall become a Contestant on the following conditions:-
- obtained the “Preliminary Qualification”;
- successfully paid any fee required by the Organizer; and
- received a written confirmation from the Organizer.
- To ensure fairness, employees of the Organizer and their immediate family members and employees of any agency, production house or supplier in relation to the Competition will not be eligible to participate in the Competition.
- The Organizer reserves the right in its sole and absolute discretion to disqualify or exclude any legal or natural person from the Competition who:-
- gives incorrect or incomplete personal data/information during enrollment and/or in the Competition;
- fails to register prior to the beginning of the Competition or fails to return to the specified venue at the prescribed time as announced by the Organizer during the Competition;
- breaches the Regulations;
- engages in any unlawful or other improper misconduct; or
- the Organizer reasonably believes to have committed any of the above.
Liability and indemnification
- The Contestants are reminded to and shall remind its members to look after their own and companions’ personal belongings and their safety during the Competition. They shall show courtesy to the other contestants and members of the public during the Competition.
- The Contestants must ensure that they are and their members are physically fit to participate in the Competition since certain parts of the Competition may be physically demanding.
- The Contestants hereby irrevocably consent to, and shall procure their members to, be captured in any photos and videos taken by the Organizer during the Competition or any Competition related or prize-related activity (“Photos and Videos”). The Contestants hereby give an irrevocable and perpetual permission to the Organizer and/or its affiliated companies to use, edit, modify or reproduce, publish and/or disseminate any and all Photos and Videos bearing the images of the Contestants and their members for any purposes, including but not limited to advertising, publicity and promotional purposes or any other purposes as the Organizer considers appropriate, whether in Hong Kong or other places, by any means, in any manner and on any platform that the Organizer thinks fit, without prior notice or consent nor indemnity to the Contestants or their members.
- The Contestants must ensure that they and their members shall abide by all instructions given by the Organizer or any of its authorized representatives during the Competition.
- The Contestants warrant that they shall comply with all applicable laws and regulations, including but not limited to the Personal Data (Privacy) Ordinance (Cap. 486).
- The Contestants and their members participate in the Competition in their own capacity and shall not be regarded as servants and/or agents and/or representatives of the Organizer and/or the Hong Kong Convention & Exhibition Centre ("HKCEC") by virtue of their participation of the Competition. The Contestants and their members shall be fully liable for any acts, omission, conduct and/or negligence at all times (including but not limited to a breach of any of these Regulations) and shall hold the Organizer and/or the HKCEC harmless for any claims and liability arising thereof.
- To the extent permitted by law, the Organizer and/or the HKCEC shall not, in any circumstances, be liable to any direct or indirect loss, damage or personal injury caused by any Contestant or any of its members to himself/herself, other Contestants or any other third party. Notwithstanding anything to the contrary, to the extent permitted by law, the Organizer’s total aggregate liability in contract, tort, equity or otherwise for any loss or damage arising out of or in connection with this Competition shall be limited to HK$250.
- In the event that the Organizer and/or the HKCEC is/are held liable for any act, omission, conduct and/or negligence of any Contestant or any of its members and/or any claims for direct or indirect loss and damage, personal injuries, loss of profit or any other economic loss, that Contestant and his/her parent or legal guardian shall fully indemnify and hold the Organizer and/or the HKCEC harmless, together with any expenses, costs and further loss and damage suffered or incurred by the Organizer and/or the HKCEC.
Intellectual property rights of the photographs (“Entry”)
- By submitting an Entry in the Competition, Contestants have given and shall procure their members to give an irrevocable perpetual non-exclusive license to the Organizer and/or its affiliated companies to use, edit, modify, reproduce, publish and/or disseminate the submitted Entry for any purposes, including but not limited to advertising, publicity and promotional purposes or any other purposes as the Organizer considers appropriate, whether in Hong Kong or other places, by any means, in any manner and on any platform that the Organizer thinks fit, without prior notice or consent nor indemnity to the Contestants or their members.
- Contestants warrant and guarantee that they and their members had not, have not and/or will not give the above license to any third party. In consideration for the prizes obtained in this Competition, Contestants further agree to, and procure their members to, assign the ownership of all intellectual property rights of the Entry to the Organizer.
- Contestants declare and warrant that they and their members are the sole owner of all copyrights of the Entry and to the best of their knowledge that no complaint or claim shall be arisen from any third party in respect of such Entry.
- Contestants declare and warrant that the Entry (including photos or images, their titles and captions) are his/her/its member’s original work taken by them on the date of Competition.
- Contestants declare the Entry does not:
- infringe or violate, or involving elements that infringe or violate applicable law and regulations, including but not limited to crimes, violence, obscenity, indecency, libel, defamation, privacy invasion, or threatening;
- infringe or violate any intellectual property rights, including but not limited to copyrights, patent, trademarks, trade names, trade secrets or other proprietary rights, held by any third party, regardless whether such rights are known to the Contestants;
- contain any confidential information of any third party;
- contain an individual or group of persons, who does not give consent to take such pictures;
- contain personal data, as defined in the Personal Data (Privacy) Ordinance (Cap. 486) or the EU General Data Protection Regulation;
- contain viruses, corrupted files, or other materials that may cause damage to another's computer; or
- advertise or otherwise solicits funds or sales of goods or services.
- If an Entry submitted by the Contestant infringes or violates any third party’s rights, including but not limited to intellectual property rights, and/or any legislation, law or regulation, the Organizer shall not be responsible for any consequences, legal or otherwise, thereto.
- When the Organizer suffers from any claim, in contract or in tort, or investigations conducted by any competent authorities, by reason of any right allegedly subsist in the Entry or infringement of the same, Contestant agrees to hold the Organizer harmless and to indemnify the Organizer in full for any direct or indirect loss and damage, economic loss, loss of reputation and/or any consequential loss and damage or otherwise, together with any expenses, costs and further loss and damage suffered and incurred by the Organizer as a result of such claims and investigations.
Statement of Purpose of Collection of Personal Data
- Purpose of Collection
- The personal data provided and collected will be used by the Organizer for one or more of the following purposes:
- For creation, processing and maintenance of the Applicants’ and their members’ enrollment records, the administration and monitoring of the Competition, publication, printing, exhibition, display, promotion, issue or other purposes as the Organizer deems appropriate in connection with the Entry submitted by the Contestant for the Competition;
- For the issuance of enrollment fee receipt by the Arts with the Disabled Association Hong Kong;
- For marketing of goods and/or services and/or upcoming events of the Organizer, the Organizer’s parent company and/or its respective subsidiaries and/or affiliated companies;
- For statistical and research purposes; and
- Any other legitimate purposes as may be required, authorized by law.
Classes of Transferees
- The personal data Applicants provided are mainly for use within the Organizer and HKCEC but the information may also be disclosed by the Organizer and HKCEC to other third parties for the purposes stated in clause 28 above, if required.
Access to Personal Data
- Applicants have the right to request access to and correction of your personal data under sections 18 and 22 and principle 6, schedule 1 of the Personal Data (Privacy) Ordinance (Cap.486). The Organizer may impose a fee for complying with a data access request.
- Enquiries concerning the personal data provided, including the request for access and correction, should be addressed to:
Personal Data Officer
Canon Hongkong Company Limited
5/F., Tower A, China Life Center,
18 Hung Luen Road,
Tel. no: 2170 2828
- The Organizer shall have the sole and absolute right to cancel, adjourn or change any details including the date and venue of the Competition without prior notice to any parties.
- The Organizer reserves the right to amend, delete, supplement and interpret the Regulations from time to time, and to adjudicate any dispute arising from the Competition. A decision of the Organizer shall be final and binding on all Applicants. The Applicants agree to, and to procure their members to, abide by the decision of the Organizer.
- A person who is not a party to these Terms and Conditions shall have no right at law to enforce these Terms and Conditions.
- If any provision of these Terms and Conditions shall be held to be unlawful, void or unenforceable, the remaining Terms and Conditions shall continue in full force and effect.
- These Terms and Conditions and any dispute or claim arising out of or in connection with them or its subject matter shall be governed by and construed in accordance with laws of Hong Kong Special Administrative Region. The Applicants agree to submit to exclusive jurisdiction of the courts of Hong Kong Special Administrative Region.
In case of any inconsistency between the English version and Chinese version of these Terms and Conditions, the English version shall prevail.