TERMS AND CONDITIONS
FOR ENTRY INTO AND PARTICIPATION IN THE
NEXTGEN CONTENTPRENEUR AWARDS 2009

1. Introduction

1. The "NEXTGEN CONTENTPRENEUR AWARDS 2009" ("Contest") is an exclusive students-only award that caters for tertiary students interested in pursuing an education or career in broadcasting.
2. The Contest categories are predominantly in short form format and are selected based on students' experiences, capabilities and resource limitations
3. The Contest is a collaborative effort between Astro Entertainment Sdn Bhd ("AESB"), Malaysia Communications and Multimedia Commission ("MCMC") and Multimedia Development Corporation ("MDeC") (collectively the "Organisers"), and has the aim of developing and encouraging new talents from tertiary institutions in Malaysia in order to be active industry players in the content industry.

2. Eligibility

1. The Contest is open to students aged 18 to 25 who are Malaysian citizens pursuing full time or part-time courses in any discipline in any local or foreign, public or private, college or university ("Participant").
2. The Participant may enter the Contest as an individual or as a team with a maximum of five (5) members.
3. Employees of the Organisers and any of its affiliated companies within the meaning of Section 6 of the Companies Act 1965 and their respective subsidiaries and agents, and the immediate family (defined as parents, children, siblings and spouse) of each such employee, together with those with whom such employees are domiciled, are not eligible.
4. The Organisers reserves the right to disqualify any Participant if the Organisers determine in good faith that Participant did not follow these Terms and Conditions, or if any Participant's participation in the Contest or receipt of prize would violate applicable law.
5. Participants may be required to submit proof of their eligibility within such timeframe as may be required by the Organisers failing which the Organisers shall be entitled to disqualify the Participant.
6. Each Participant in the Contest shall fully and unconditionally agree to comply with and abide by these Terms and Conditions and the decisions of the Organisers and its designated judges, which decisions shall be final and binding in all respects.

3. How to enter

1. The Contest starts on 23 April 2009 and ends on 23 June 2009 ("Contest Period"). All entries must be received by the Organisers on or before 6.00 pm on 23 June 2009. Entries received after the stipulated time will be ineligible for the contest.
2. The Terms and Conditions and the Registration Form are available at www.astro.com.my. Participants can print out and complete the Registration Form and submit their Entry along with fully completed and signed Registration Form and supporting documents by hand and/or post to the following address:
   
   Nextgen Contentpreneur Awards 2009
   Astro Entertainment Sdn Bhd
   Ground Floor Wisma Penyayang
   No 6 Jalan Equine
   Taman Equine Bandar Putra Permai
   43300 Seri Kembangan
   Selangor Malaysia
   Attn: Ben Nambiar
   
   
3. The Participant's name must be clearly labelled on each Entry. Teams must submit the names of each individual comprising the team. All registration information provided by Participant must be true and correct.
4. The Organisers shall not be responsible for lost, stolen, late, incomplete, invalid, mutilated, illegible or misdirected Entries, which will be disqualified; for technical failures of any kind, including, but not limited to, electronic malfunctioning of any network, hardware or software; or for any error, human, technical or otherwise.
5. The Organisers reserve the right, in its sole discretion, to disqualify any Participant found tampering with the operation or entry process of the Contest, or acting in violation of these Terms and Conditions or any applicable law.
6. Entries delayed past the submission deadline of the Contest Period will not be accepted for review and will be destroyed.
7. Entries will not be returned. The Organisers reserve the right to reject any Entry at their sole and absolute discretion without having to assign any reasons whatsoever.

4. Entry Requirements

1. Participants may enter any of the following five (5) entry categories ("Entry Categories"):
   • Short Content (TV or Mobile)
   • Documentary
   • Music Video
   • Animation
   • Designing
   ("Entry" or "Entries")
2. Each Entry is eligible for eleven (11) award categories (each an "Award Category" and collectively "Award Categories"):
   • Extraordinary Short Content TV Max Duration 10 mins
   • Extraordinary Short Content Mobile 1 - 3 mins
   • Revolutionary Documentary
   • Incomparable Animation
   • Most Amazing Visual Effects
   • Unique Web Design
   • Phenomenal Art Direction
   • Mind Blowing Sound Effects
   • Exceptional Graphic Design - TV (Opening montage, Teaser, Promo, Bumper In & Out)
   • Outstanding Music Video
   • Creative Use of Medium'
   • Special Award- 'Creative Use of Medium' (This Award Category is for outstanding achievement in the technical aspects of telecasting and/or web casting. Participants who wish to enter an entire news broadcast highlighting their studio on-camera performances, graphics presentation, opening animations etc. are advised to utilize this category for consideration. This category may include individual crafts such as videography, photography, animation, graphic design, directing, editing, music arrangement and/or composition, scenic design, audio reproduction, lighting and use of new medium. Entries can be from Participants' work from an on-the-air broadcast or in-class project.)
3. Participants may submit multiple Entries in multiple Award Categories in any of the vernacular languages spoken in Malaysia provided that the Entries must be consistent with the Entry Categories. Entries in other Malaysian languages beside Bahasa Malaysia should be subtitled.
4. An Entry may win more than one award, based on the number of nominations received.
5. Entries must not exceed the duration fixed for the respective Entry Categories.
6. Entries must be submitted either in a Mini DV or DVD format containing the film, documentary, music video, animation and/or graphic/web design together with one (1) copy other than the Master Tape. Other formats will not be accepted.
7. The genre and storyline of the Award Categories are open but Entries may not contain excessive profanity, nudity, pornographic images or explicit sexual themes, graphic violence, defamatory or libellous statements or material considered illegal or may contravene the laws of Malaysia or materials likely to tarnish the image of the Organisers or Malaysia or bring their reputation into disrepute. Entries containing any such aspects and/or that are in violation of law or otherwise deemed by the Organisers, in its sole discretion, to be inappropriate will be disqualified.
8. Any Entry must be an original work which is under no restriction, (contractual or otherwise) that may prevent the Organisers from using such Entry. All Entries must be free of any and all liens, encumbrances and/or claims of third parties.
9. Entries may not include confidential information, trade secrets, trademarks or copyrighted material belonging to any person or entity other than the Participant without a suitable license, clearance or permission agreement (proof of which is required upon submission of Entries). Participants are responsible for securing necessary permissions, talent and location releases and licenses for third party materials contained in the Entries submitted. Entries determined to infringe any intellectual property rights or other rights, will also be disqualified in the sole discretion of the Organisers.
10. The Organisers are not responsible for any expenses incurred in the production and/or delivery of the Entries, including any subtitling or translation work that may be required. If any Entry has been sponsored and/or funded by any person or organisation(s) ("Sponsor"), full details of the funding and/or sponsorship must be declared by Participant.
11. A Participant must have full editorial control of the Entry. Where the Entry has been sponsored and/or funded by the Sponsor, Participant must upon request by the Organisers demonstrate that the Sponsor has not had any control over the creative process involved in the creation of the idea.
12. Any Entry that does not comply with the above restrictions or any other requirement herein is subject to disqualification.

5. Selection of Winners

1. Each Entry that is in compliance with these Terms and Conditions will be reviewed by a panel of judges to be determined by the Organisers. The Entries will be evaluated based upon the following factors:
   • Originality
   • Creativity
   • Content
2. The Organisers will announce the winner of each of the Award Categories ("Winners") during an award ceremony to be held on a date to be determined ("Award Night"). ALL DECISIONS OF THE ORGANISERS AND THE JUDGES ARE FINAL AND BINDING AND NO CORRESPONDENCE WILL BE ENTERTAINED
3. Winners are required to attend the Award Night at their own cost and expense. In the event a prize winner is not able to attend the Award Night, the Winner must nominate a representative to be present at the Award Night to accept the prize on his/her behalf. The Organisers reserve the right to use the Winners or representatives' names/photographs for the purpose of advertising, trade or promotion at their sole and absolute discretion.

6. Prizes

1. Each of the Winners in each of the Award Categories will receive a cash prize of up to RM10, 000.00 (the "Award Sum"), a trophy and a certificate.
2. Prizes awarded are neither exchangeable nor transferable. The Winners agree to take up their prizes by signing the appropriate release forms to be provided by the Organisers.
3. The Organisers do not guarantee the availability of any prizes and shall be entitled to replace any of the prizes with another,notwithstanding the allocation of the prizes by the Organiser;
4. In the event a Winner is not able to receive, take up and/or utilize the prize as detailed for reasons not attributed to the Organisers, the Organisers reserve the right to select an alternative winner. The Organisers shall not arrange for another prize or compensation in kind.
5. As far as is permitted by law, the Organisers and their associated companies and agents exclude responsibility and all liabilities arising from any postponement, cancellation, delay or changes to the prize details beyond the Organisers' control and for any act or default of any third party supplier.
6. The Organisers make no warranties or representations whatsoever with respect to the prize and shall not be responsible nor liable for any problems and/or damage thereto or arising therefrom.

7. Ownership of Entries

1. In consideration of the Organisers accepting the Entry into the Contest, the Participant grants and confirms to the Organisers their successors assigns and licensees an exclusive worldwide royalty-free license ("License") for a period of twenty four (24) months from the date of the Award Night ("License Term") to use and/or otherwise exploit in any manner the Entry in any and all media and by any and all means now known or hereafter developed for the full duration of the rights acquired by the Organisers in this Clause pursuant to the laws in force in any part of the world.
2. The Organisers shall have full discretion and control of the manner in which and the terms on which the Entry may be marketed used distributed exploited and/or exhibited throughout the world during the License Term.
3. The Participant acknowledges that all copyright and all other rights in and to any works made by the Organisers their successors assigns and licensees in any and all media and by any and all means now known or hereafter developed featuring the Entry shall belong to the Organisers absolutely and that the Organisers shall have the right to exploit any and all of the said works in any and all media by any and all manner or means throughout the world for the full period of copyright including all renewals together with the right to authorize others so to do.
4. The Participant irrevocably and unconditionally waives, where permitted by law, all rights relating to the Entry to which the Organisers are now or may in the future be entitled pursuant to any moral rights to which the Participant may be entitled under any legislation now existing or in future enacted in any part to the world.
5. The Participant warrants that the granting of the License and the Organisers' exercise of such License shall not violate any third-party rights.
6. The Participant assigns and transfers exclusively and absolutely for the benefit of the Organisers all rights of all third parties engaged, used and/or provided by the Participant for the purposes of creating, performing and/or completing the Entry including without limitation all rights, title, interest in the literary, dramatic, musical, artistic works and products of all third parties' services used for or in connection with the Entry as well as all rights to the third parties' voice, appearance, names, likeness and performances.
7. Participant's submission of the Registration Form and Entry constitutes agreed consent from the Participant to the grant of the Licence to the Organisers thereof. Participants acknowledge the receipt of adequate consideration from the Organisers in exchange for the Licence granted herein.

8. Publicity

The Organisers reserve the right, at their sole and absolute discretion, to use the names, photographs, voice of the prize winner(s) and entries of the prize winner(s) without obtaining any consent from the prize winner(s) or any payment whatsoever to the prize winner(s) for publicity, advertising, trade or promotion purposes in any media.

9. General Terms and Conditions

1. Participating in the Contest constitutes Participant's full and unconditional agreement to and acceptance of these Terms and Conditions. No purchase is necessary to enter or win, and no obligation of any kind is implied.
2. BY ENTRY INTO THE CONTEST, PARTICIPANT AGREES TO INDEMNIFY AND HOLD HARMLESS THE ORGANISERS, ITS AFFILIATED COMPANIES WITHIN THE MEANING OF SECTION 6 OF THE COMPANIES ACT 1965 AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AS WELL AS THE INDIVIDUAL JUDGES, FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPANTS PARTICIPATION IN THE CONTEST AND ACCEPTANCE/USE OF THE PRIZES , INCLUDING WITHOUT LIMITATION ANY CHARGES, CLAIMS, DAMAGES, COSTS, JUDGEMENTS, DECREES, EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL FEES), PENALTIES AND LIABILITIES OF ANY KIND OR NATURE WHATSOEVER WHICH MAY BE SUSTAINED OR SUFFERED OR SECURED AGAINST THE ORGANISERS OR ANY OF ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, EMPLOYEES OR ASSIGNEES BY REASON OF, BASED UPON, RELATED TO OR ARISING OUT OF A BREACH BY THE PARTICIPANT OR IN THE EXERCISE OR ATTEMPTED EXERCISE OF ANY RIGHTS GRANTED HEREIN TO THE ORGANISERS OR BY REASON OF ANY CLAIMS, ACTIONS OR PROCEEDINGS ASSERTED OR INSTITUTED RELATING TO OR GROWING OUT OF ANY BREACH OR FAILURE OR CLAIM OF BREACH OR FAILURE OF ANY COVENANTS, AGREEMENTS, WARRANTIES AND REPRESENTATIONS MADE BY THE PARTICIPANT UNDER ANY PROVISIONS HEREIN.THE PARTICIPANT WHERE PERMITTED BY LAW, WAIVES ALL CLAIMS AND FURTHER AGREES THAT THE ORGANISERS SHALL BE EXEMPTED AND EXCLUDED FROM ANY AND ALL LIABILITIES, UNDER CONTRACT LAW AND/OR ANY OTHER PROVISIONS OF LAW FOR ANY INJURIES, DAMAGES AND/OR LOSSES SUFFERED BY THE PARTICIPANT DURING THE CREATION OF THE ENTRY.
3. Both the Participant and Organisers agree that the Contest shall be governed and construed in all respect in accordance with the laws of Malaysia. Any dispute or differences arising between the Participant and Organisers or in relation to the interpretation of these Terms and Conditions which cannot be resolved amicably by agreement between the Participant and Organisers shall be settled by Representatives of the Organisers or his authorized designee and the Participant. Both the Participant and Organisers hereby agree that in the event that such dispute or claim cannot be resolved by such persons, the dispute shall be settled by way of arbitration at the Kuala Lumpur Regional Centre for Arbitration ("KLRCA") in accordance with its rules. The said arbitration proceedings shall be conducted in the English language by one (1) independent arbitrator to be appointed by the Director of the KLRCA. Both the Participant and Organisers agree that the decision of the independent arbitrator on the dispute shall be final and binding on them. The performance of this Agreement by both the Participant and Organisers shall continue regardless of the existence of such dispute or claim and the performance shall continue throughout the course of such arbitration or resolution proceedings. Nothing in this Clause shall prevent the Licensee from seeking equitable reliefs from the courts of Malaysia to preserve any legal right or remedy or to protect any intellectual property or confidential information right of the Organisers.
4. Participant agrees that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but under no circumstances will Participant be permitted to obtain awards for and Participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
5. The Organisers reserve the rights to change, amend, delete or add to these Terms and Conditions without prior notice at any time and the Participants shall be bound to such changes.
6. The Organisers further reserve the right to cancel, modify, suspend or delay the Contest in the event of unforeseen circumstances beyond their reasonable control.
7. All Participants shall be required to adhere to these Terms and Conditions. The Organisers reserve the right to forfeit the prize(s) in the event any of these Terms and Conditions is not adhered to.