“Finding Nina” - Online Audition Terms
1. Audition Criteria/Submission
- Any person wishing to audition for the upcoming film titled “HANYUT” (working title) (the “Film”) is welcome to submit an audition on these Terms.
- The audition process is open to persons who meet the following criteria:
(a) You shall have reached the age of 17 years on or before the date of submission of your audition. If you have not reached such age, you shall submit the original copy of a letter of consent from at least one parent or legal guardian upon the request of the Producer.
(b) Only citizens and permanent residents of [country] are eligible to submit an audition. Exceptions will need the written approval of the Producer. THIS IS A GLOBAL COMPETITION – NO NOT RESTRICTED BY WHERE YOU LIVE
(c) In the event of any issue or dispute regarding compliance with the requirements, the decision of Producer shall be final.
1.3 You may participate in the audition by completing and submitting an application form available online at www.findingnina.com and uploading your audition which shall comprise of:
(a) VIDEO FORMAT
- You must stick to the script provided and you shall not post your audition to any other site or exploit it any other manner whatsoever without our prior written consent. In the event you violate this Clause 1.4, the Producer reserves the right to disqualify you from the audition process or terminate your engagement if you have already been selected for the Film.
1.5 You shall make full and honest disclosure of particulars as requested in these Terms and all details submitted in the application form shall be deemed to be current. In the event of any change of such details, you must notify the Producer immediately. You understand that any false particulars or wilful suppression of material facts will render you liable for disqualification or entitle the Producer to terminate your eng engagement if you have already been selected for the Film.
1.6 You understand and accept that personal particulars and information stated in the application form and any information supplied herein may be used by the Producer in connection with the promotion, marketing, publicity or obtaining sponsorship of the Film, and/or for the production and exploitation of the Film throughout the world. You consent to the disclosure by the Producer of such personal information and particulars to third parties, including but not limited to the media, sponsors and the public.
1.7 If you have entered into any commercial, contractual, sponsorship or other agreement or arrangement with any person, firm or company (such as a contract with a management company or an individual to act as his/her manager), this must be declared to the Producer in the application form and such agreement or arrangement must not hinder your participation in the Film. JF - OKAY
2. Selection Process
2.1 You acknowledge and agree that submission of the audition does not guarantee selection and/or further participation in the audition process. The decision of the Producer is final and cannot be appealed.
2.2 The submitted audition shall be open to viewing by the public who may vote for it for a role in the Film. The Producer shall, subject to Clause 2.4, select artistes for roles, including the lead role, in the Film based on a review of the audition materials as well as the number of votes submitted online, at its sole and absolute discretion.
2.3 Voting shall be open to the public from JULY 2009, subject to such change as the Producer may decide in its sole discretion. It is anticipated that the results of the selection process will be announced in the month of DECEMBER 2009.
2.4 Notwithstanding the foregoing, the Producer reserves the right to call you for a further audition in person to determine whether you are suitable for a role in the Film.
3. Production of the Film
3.1 It is intended that production of the Film shall commence from APRIL 2010 for a duration of 2 months, subject to such changes as the Producer will notify the selected artistes in writing (“Production Period”).
3.2 If selected for a role in the Film, you hereby agree during the Production Period:
- To execute the artiste engagement agreement provided by the Producer for your participation in the Film;
- To render your services for the production of the Film to the best of his/her skills and abilities in a professional manner, and cooperate with the rest of the artistes, production personnel, and other parties engaged for and/or involved in the production of the Film;
- To comply with all reasonable directions and instructions of the Producer in connection with your performance in the Film;
- To participate in the production of the Film at location(s) and on such timings as the Producer may specify from time to time;
- To attend and be punctual for all rehearsals and shooting days on such timings and dates as specified by the Producer and in a condition fit to perform your services;
- To attend any and all wardrobe fittings, make-up sessions, pre-production meetings or photographic sessions required by the Producer in connection with the Film;
- To participate in such promotional activities and media interviews in connection with the Film as the Producer may reasonably request from time to time;
- To at all time keep the Producer informed of your whereabouts and telephone(s) and/or any other contact number;
- To not enter into any commitments that would impact on or affect your ability to participate in the production of the Film; and
- Where applicable, to obtain the necessary visa, permit, pass or other similar documentation so that you may participate in the Film.
3.3 If selected for a role in the Film, you hereby agree that the Producer shall have the right to make your services available to third parties in connection with the production of the Film and undertakes to co-operate fully with such third parties as the Producer so directs.
4. Rights and Releases
4.1 The Producer, its successors, licensees and assigns shall have the entire control and charge of the Film and the manner and terms upon which it will be produced, distributed, marketed, exhibited and otherwise exploited in any and all media and any and all countries throughout the world, and in particular shall have the rights set out in Clause 4.
4.2 You acknowledge and agree that the audition materials submitted will not be returned and will belong to the Producer who shall be entitled to use, reproduce and exploit the same in connection with the Film.
- If selected for a role in the Film, you agree and undertake unconditionally that:
(a) the Producer, its successors, licensees and assigns shall have the right to reproduce your name, voice, likeness, characterisation, recording, photograph, images (whether still or moving), silhouette and/or biography in connection with the Film (including the promotion and marketing of the Film) as the Producer in its sole discretion deems fit;
(b) the Producer, its successors, licensees and assigns is and will remain the sole legal and beneficial owner of all copyright, title, interest and all other rights (including all vested future and contingent interest and rights) in and to the product of your Services conferred under the laws of any country throughout the world (whether currently in force or which may hereafter be enacted, promulgated or passed) for the full period or periods of copyright protection including all reversions, renewals and extensions, created or provided by the laws of any country throughout the world; and
(c) the Producer, its successors, licensees and assigns shall have the right to make and/or authorise others to make any documentary or video clips on the making of the Film and acknowledge that these may include footage of so-called “behind-the-scenes” activities featuring persons including yourself and may incorporate information, photographs, extracts or clips from the Film including the audition materials, surplus or rejected material, and accordingly to produce, distribute, market, exhibit and otherwise exploit the aforesaid materials in any and all media and any and all countries throughout the world.
4.4 You shall, at the cost and expense of the Producer, do any and all acts and execute any and all documents as may be reasonably required by the Producer in order to perfect all or any of the rights, title or interest assigned or granted or purported to be assigned or granted to the Producer under these Terms.
5. Undertakings
5.1 When requested by the Producer, you shall produce your identification papers including passport for verification purposes.
5.2 You shall not enter into any commercial, contractual, sponsorship or other agreement or arrangement with any person, firm or company (such as a contract with a management company or an individual to act as his/her manager) in respect of your participation in the Film.
5.3 Except as authorized by the Producer, you acknowledge and agree that you will not publicize, advertise or promote your participation in the audition process or disclose to any party any information you learn from the Producer or its agents throughout your audition process, if any. You agree that you may be required to fill out, sign and agree to other contracts (including, without limitation, additional confidentiality agreements) and that if you refuse to sign those contracts, then you may no longer be able to continue in the audition process.
6. Disclaimers
6.1 THE PRODUCER DOES NOT WARRANT THAT THE AUDITION WEB SITE WILL BE AVAILABLE OR THAT YOUR USE OF THE AUDTION WEB SITE WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE AUDITION WEB SITE (OR THE SERVER THAT MAKES IT AVAILABLE) IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
6.2 Further, the Producer does not warrant that your activities or use of the Audition Web Site is lawful in any particular jurisdiction and, in any event, the Producer specifically disclaims such warranties. You understand that by using any of the features of the Audition Web Site, you act at your own risk, and you represent and warrant that your activities are lawful in the jurisdiction where you access or use the Audition Web Site.
7. Indemnity and Exclusion of Liability
7.1 shall indemnify and keep the Producer, its successors, affiliates, licensees and assigns and their respective employees, officers and agents (collectively the “Releasees”) indemnified from and against any and all loss, damage, claims and costs (including costs on a full indemnity basis) suffered and/or incurred by any of them as a result of (a) your breach or alleged breach any of these Terms; (b) your use of the Audition Web Site or activities in connection with the Audition Web Site; (c) your audition materials; or (d) your violation of any law, rule or regulation. You will cooperate as fully required by the Producer in the defense of any claim. The Producer reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Producer.
7.2 None of the Releasees shall be responsible and/or liable for any of the following, whether caused by the Releasees, the user, any equipment or programming associated with or utilized with the uploading of any audition materials, or any human error: any lost, late, incomplete, illegible, mutilated, or misdirected submissions; any virus or any error, omission, interruption, defect or delay in transmission or communication; technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in any materials related to the auditions; failures of electronic equipment, computer hardware or software; lost or unavailable network connections; failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information; or any unauthorized third party use of any Audition Materials; or for any other errors or malfunctions of any kind, whether network, computer, printing, typographical, human or otherwise.
7.3 TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT WILL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ECONOMIC, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO YOUR USE OF THE AUDITION WEB SITE OR SUBMITTING ANY AUDITION MATERIALS OR WITH THE DELAY OR INABILITY TO USE THE AUDITION WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
7.4 You hereby irrevocably waive any and all rights to seek or obtain any injunctive or other equitable relief against any of the Releasees.
8. Miscellaneous
8.1 No third party shall have any rights to enforce any of the provisions against the Producer under any laws throughout the world conferring rights on third parties.
8.2 If any provision of these Terms is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in these Terms shall continue in full force and effect.
8.3 These Terms shall be governed by and constructed in accordance with the laws of Malaysia and you irrevocably submit to the exclusive jurisdiction of the courts of Malaysia.
