Terms and Conditions
ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES
The Clint Memorial International Children's Painting Competition on Kerala (the "Contest") is designed to encourage eligible kids (the "Entrant(s)") to use their creativity to make their own paintings of Kerala. Judges will choose the winning entries, and prizes will be awarded in accordance with the Official Rules (the "Rules") of this competition listed herein after:
ABOUT CLINT: (Late) Edmund Thomas Clint (1976-1983) was a child prodigy born in Kerala. In his short life of 2522 days, he created more than 25,000 drawings and paintings.
ABOUT KERALA: Kerala is a State in the sovereign Republic of India and it is blessed with cultural diversity and bio diversity.
ORGANISOR: The Contest is organised by the Department of Tourism, Government of Kerala, ("Kerala Tourism") Park View, Thiruvananthapuram, India.
CONSULTANT: The contest is being executed by the IT Consultant and Solution Provider of Kerala Tourism, M/s Invis Multimedia (the "Consultant"'), Pandit Colony, Kaudiar, Thiruvananthapuram, India.
CONTEST PERIOD: The Contest begins on 15 January 2014 and the closing date for receipt of entries is 31 May 2014, midnight (IST) ("Contest Period"). All dates are subject to change.
ELIGIBILITY FOR PARTICIPATION IN THIS CONTEST: The Contest is open to children anywhere in the world who have completed the age of 4 years but are not yet 15 years of age (born on/after 01.01.1999 but born before 01.01.2010), who have obtained their parents' or legal guardians' permission to enter the contest, and whose parents and or legal guardians consent to be bound by these Rules in their own right and on behalf of the entrant. The opening date for receipt of entries by Kerala Tourism, from participants, is 15 January, 2014, and the closing date for receipt of entries by Kerala Tourism is 31 May 2014, midnight (IST). The entrant can register only once but she/he can submit more than one entry, (subject to a maximum of five) if she/he desires to do so. All the entries of one entrant should be submitted under one registration, login id and password.
BINDING AGREEMENT: In order to enter the Contest, an entrant must accept the official rules (“Rules”). The Rules consist of: (i) the terms and conditions on this page; (ii) the terms and conditions (if any) on the online registration/ Entry Form available on the site www.keralatourism.org . Since the legal status of entrants are as that of a minor, the entrant must obtain prior permission of his/her parent or legal guardian who must agree to accept these Rules on his/her own and also, as the legal representative of the entrant, on the entrant's behalf.
The person who signs this agreement on behalf of the entrant should read them carefully prior to entry to ensure that the entrant, as well as the representative, understand and agree, because these Rules form a legally binding agreement with respect to this Contest. Further, the entrant agrees that submission of an entry in the Contest constitutes agreement to these Rules.
WHO CAN REGISTER: Parents or legal guardians of children are eligible to register and submit entries on behalf of eligible Entrants ("Authorized Registrants") as defined by these Rules.
VOLUNTEERS: Kerala Tourism invites volunteers for promoting this contest. Anybody who has attained the age of 18 and legally capable of entering into a contract can register as a volunteer for this contest. The act is voluntary, and no remuneration of any nature will be paid to volunteers.
NAME THE VOLUNTEER: If an entrant registers for this contest at the initiative of a volunteer, he/she should submit the name of the volunteer in the relevant column.
HOW TO ENTER: To enter the Contest, visit the Contest webpage located at www.keralatourism.org/clint (“Contest page”) during the Contest Period.
ENTRY FEE: There is no entry fee for this contest.
COMPETITION: The participant is expected to paint a picture of Kerala manually on paper using crayons, colour pencils or paint and brush. Any picture generated with digital, electronic or mechanical tools will not be accepted for the competition. The picture should then be scanned, photographed, or digitized by any mode and submitted to the server of Kerala Tourism through the contest page (with a maximum file size of 5 MB) with the login id and password received at the time of registration If the theme of entry is not Kerala related, the entry summarily rejected.
LOSS OR DAMAGE TO ENTRIES: Kerala Tourism accepts no responsibility for submissions that are lost, delayed, damaged, defaced, or mislaid, howsoever they are caused. Proof of mailing does not constitute proof of entry.
NUMBER OF ENTRIES: We request the entrant to send only one entry, which is their best work, for the competition. However, additional entries are permitted provided they are sent from the same login id. In no situation, will one person will be allowed to register twice. A maximum of five entries can be sent using a single login id.
PAINTING REQUIREMENTS: The painting must meet the following criteria (“Painting Requirements”):
The painting must be original and a work done on paper.
Subject or theme of the painting is Kerala (State of Kerala, Republic of India). It can be anything related to Kerala. For more information on Kerala visit www.keralatourism.org
The painting must not be derogatory, offensive, threatening, defamatory, disparaging, or libelous, or contain any content that is inappropriate, indecent, sexual, profane, tortuous, slanderous, discriminatory in any way, or one that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Contest.
The painting must not contain content, material or any element that is unlawful, or otherwise in violation of, or contrary to, all applicable national, state, or local, laws and regulations.
The painting must not contain any content, material or element that displays any third party advertising, slogan, logo, and trademark or otherwise indicate a sponsorship or endorsement by a third party, commercial entity or be one that is not within the spirit of the Contest, as determined by Kerala Tourism, in its sole discretion.
The painting must be an original, unpublished work that does not contain, incorporate or otherwise use any content, material or element that is owned by a third party or entity.
The painting may not contain any content, element, or material that violates a third party's publicity, privacy or intellectual property rights.
The painting may not be the subject of any actual or threatened litigation or claim.
PUBLICATION OF ENTRIES: Kerala Tourism may not publish any of the entries in its website before the last date of competition. Kerala Tourism reserves the right to decide the number of entries that will be published. The participant should retain the original of the painting and should submit this to Organiser or Consultant as and when required by post or courier.
SCREENING COMMITTEE: A screening committee will be formed with 3-5 members - artists, art students and art critics. The number of members may be increased depending upon the total number of entries received. 1000 pictures will be shortlisted after the initial screening. Kerala Tourism will have the right to request the originals of the paintings that are shortlisted.
JUDGING COMMITTEE: A judging committee will be formed with eminent people, painters, people writing children's literature, and/or art critics. These individuals will judge the paintings that are shortlisted by the screening committee.
SELECTION OF WINNERS: All the shortlisted pictures will be published on the www.keralatourism.org site with options for visitors to share and rate the pictures. In deciding winners, 25% marks will be given on the basis of public ratings of the entries on the website and 75% marks will be accorded by the judging committee. The final winners will be selected by combining these two sets of marks. The decision of the Judging committee is final.
PRIZES
PRIZES FOR PARTICIPANTS
There will be 125 prizes in all, including five Mega Prizes for the winners.
Two e-books each (with paintings of Clint and photographs of Kerala) will be available for all registered participants.
PRIZE DETAILS
THE FIRST PRIZE: The winner, along with a guardian or one parent (only two people including the winner, ie., one adult and one child) will be offered economy class flight tickets to Kerala (to and fro) for collecting the memento and certificate. They will also be offered a tour package for 6 nights within Kerala.
SECOND PRIZE: The winner, along with guardian or one parent (only two people including the winner, ie., one adult and one child) will be offered economy class flight tickets to Kerala (to and fro) for collecting the memento and certificate. They will also be offered a tour package for 5 nights within Kerala.
THIRD PRIZE: The winner, along with guardian or one parent (only two people including the winner, ie., one adult and one child) will be offered economy class flight tickets to Kerala (to and fro) for collecting the memento and certificate. They will also be offered a tour package for 4 nights within Kerala. There will be three third prizes and consequently 6 people (3 adults and 3 children) will get this prize.
CONSOLATION PRIZES: 20 participants will be offered consolation prizes comprising of mementos and certificates which will be sent via post or courier.
APPRECIATION: The next 100 winners will be offered a Certificate of Appreciation which will be sent via post or courier.
PARTICIPATION: All other participants will be issued a digital Certificate of Participation which can be downloaded by the entrant.
CONDITIONS FOR THE DISTRIBUTION OF PRIZES TO WINNERS
Awarding first, second and third prizes to the winners are subject to permission from the parent or legal guardian. The winners will receive a certificate of achievement, a framed reproduction of the winning Kerala Tourism Painting, and a memento. In addition, the paintings by the first five winners will be displayed on the Kerala Tourism homepage (www.keralatoursim.org) on any date chosen by Kerala Tourism.
In order to attend the Award Ceremony all five winners must be accompanied by a parent or guardian. Kerala Tourism will arrange accommodation and breakfast, lunch and dinner for each finalist and his or her one parent or guardian.
There is no cash alternative and the prizes must be taken as offered. Kerala Tourism reserves the right to substitute prize(s) of an equivalent value should the prizes for the Contest become unavailable for any reason. If any winner is not able, for whatever reason, to accept their prize, then Kerala Tourism reserves the right to award the prize to the next best entry, as judged by the panel consisting of independent judges and Kerala Tourism officials.
Kerala Tourism may reduce the number of prizes, if, in the opinion of the Screening Committee or Judging Committee, there are insufficient entries to qualify for the prize. Any prize(s) that remain unclaimed at the end of 30 days from the announcement of the final results will be cancelled. Kerala Tourism reserves the right to award this prize to the next best entry or even revoke the prize.
Kerala Tourism does not assume any responsibility for any products and services offered under the Contest. And under no circumstances shall the inclusion of any product or service in the Contest be construed as an endorsement or recommendation of such product or service by Kerala Tourism.
Except for warranties and conditions implied by law which cannot be excluded, Kerala Tourism makes no representations or warranties, expressed or implied, regarding the quality or suitability of any prizes awarded under these Rules.
If the winner is from outside India, various legal documents for travelling to India should be arranged by the winner's parent or guardian. The Organiser or Consultant will not take the responsibility of arranging various travel documents like passport, visa etc.
CONDITIONS FOR REGISTERING AS VOLUNTEERS
Anybody who has attained the age of 18 and capable of entering into a contract can register as a volunteer to promote this contest.
He or she will be given a login id and password.
The entrants who join the contest as a result of the suggestion, persuasion or recommendation of the volunteer can list the name of volunteer in his/her registration form.
Only one volunteer can be listed in one registration form.
GIFTS FOR VOLUNTEERS:
Bumper prizes (two)
There will be two bumper prizes for volunteers. Those two winners will be reimbursed economy class flight charges, accommodation, food and local travel expenses within Kerala for one day for attending the award ceremony of the competition. In addition to that, they will also be offered a five day tour package to explore Kerala.
Conditions for bumper prizes:
While selecting winners from the volunteer group for the two bumper prizes, the quality of the paintings submitted will be considered rather than taking into account the mere number of entries.
Special prize (100 numbers)
100 volunteers, selected randomly by lottery, will receive gifts of T-shirts /herbal cosmetic packs / consumer goods etc.
Kerala tourism reserves the rights to increase or decrease the number of prizes in this category in accordance with the total number of volunteers for the Contest.
All volunteers who bring in 10 participants will be given an e-book version of a coffee table book from the following four listed:
Ayurveda: The Mantra of Niramaya
Panchakarma: Ayurveda's Mantra of Rejuvenation
Kerala: A Poem in Green and Gold
Yogasutra: The Art and Science of Healing
CONDITIONS
TAXES: The distribution of prizes to potential winners is subject to the express requirement that the prize winner submit all documentation requested by Kerala Tourism to Kerala Tourism in order to permit compliance with applicable tax laws. All prizes will be the net of any taxes Kerala Tourism is required to withhold by law. To the extent permitted by law, all taxes imposed on prizes are the sole responsibility of the winners. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and Kerala Tourism may, in its sole discretion, select an alternate potential winner.
GENERAL CONDITIONS: All national, state and local laws and regulations within the boundary of the republic of India will be applicable. Kerala Tourism reserves the right to disqualify any Entrant from the Contest if, in Kerala Tourism's sole discretion, it is believed that the Entrant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair practices, or has annoyed, abused, threatened or harassed any other Entrants, Kerala Tourism, or the Judges.
INTELLECTUAL PROPERTY RIGHTS: As between Kerala Tourism and the Entrant, the Entrant retains ownership of all intellectual and industrial property rights (including moral rights) in and of the Painting (excluding Kerala Tourism's rights in the Kerala Tourism logo/trademark). As a condition of entry, the Entrant grants Kerala Tourism a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display the Painting for any purpose, including display on the Kerala Tourism website, without any attribution or compensation to Entrant. Entries will not be returned.
PRIVACY: Entrants agree that personal data submitted with an entry, including name, mailing address, phone number, and email address may be collected, processed, stored and otherwise used by Kerala Tourism, its affiliates and the Consultants for the purposes of conducting and administering the Contest. By entering the Contest, Entrants agree to the transmission, processing, disclosing and storage of this personal data by Kerala Tourism, its affiliates and the Consultants.
PUBLICITY: By entering the competition, the participants & attendees permit that they may be photographed/ recorded by electronic, online and print media for telecast, used in publications and other display usage of the Kerala Tourism or its Consultant & contacted by their given email ids. Kerala Tourism or its Consultant may also collect any information, photograph, video clip etc. from the participant for publication or sharing for the promotional requirement of Kerala Tourism or its Consultant.
WARRANTY: Entrants warrant that their Paintings are their own original work and, as such, they are the sole and exclusive owner and rights holder of the submitted Painting and that they have the right to submit the Painting in the Contest and grant all required licenses. Each Entrant agrees not to submit any Painting that: (a) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, trade names, industrial designs, patent, trade secret, privacy, publicity or confidentiality obligations; or (b) otherwise violates applicable state, federal, or local law and agreements.
INDEMNITY: To the maximum extent permitted by law, the Entrant indemnifies and agrees to keep indemnified Kerala Tourism, its affiliates, and the Consultants at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, the Entrant agrees to defend, indemnify and hold harmless Kerala Tourism, its affiliates and the Consultants from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses arising out of, or accruing from, such acts.
ELIMINATION: Any false information provided within the context of the Contest by Entrant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Rules or the like may result in the immediate elimination of the entrant from the Contest.
INTERNET DISCLAIMER: Kerala Tourism and its Consultant are not responsible for any malfunction of the entire Contest Site or for any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed Paintings or votes due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, network connectivity problems, or hardware or software failures of any kind.
RIGHT TO CANCEL, MODIFY OR DISQUALIFY: If for any reason the Contest is not capable of running as planned, including because of an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause which corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Contest, Kerala Tourism reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest. Kerala Tourism further reserves the right to disqualify any Entrant who tampers with the submission process or any other part of the Contest or Contest Site.
FORUM AND RECOURSE TO JUDICIAL PROCEDURES: This Contest is governed by the laws of India, and only the courts of Thiruvananthapuram, will have exclusive jurisdiction to arbitrate any dispute arising from this Contest. By participating in this Contest, contestants agree to be bound by the terms of these Rules and by Kerala Tourism's decisions, which are final and binding on all matters pertaining to this Contest. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief, or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and Entrants expressly waive any and all such rights.
OTHER CONDITIONS:
The Kerala Tourism or its Consultant retain the right to make any changes to the event, its format, date, rules and in any matter related to this event without any prior notice.
Kerala Tourism or its Consultant will arrange for the prize distribution for winners & runners up through their Consultant. Any loss of prizes during transit or due to any other reason would not be Kerala Tourism or its Consultant's responsibility & hence wouldn't be liable for replacement.
The decision to participate in the competition is an indication of the Entrant's acceptance of the format, prizes and decisions, including shortlisting of paintings, judging of paintings, selectionof winners and volunteers which are final and binding.
All decisions taken by Kerala Tourism will be final & binding on all issues related to the Clint Memorial International Children's Painting Competition
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