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Terms and Conditions of the KIX HD’s “R U Tough Enough?” Challenge

  1. By enrolling in the KIX’s "R U Tough Enough?" Challenge, a skill-based contest (the “Contest”) organized by Celestial Movie Channel Limited (the “Promoter”), all participants acknowledge and confirm that each of them has fully and thoroughly read and understood these terms and conditions, and any applicable terms and conditions set forth in the Promoter’s official microsite(s) (www.KIX-TV.com/tough) (the “KIX Website”) (collectively, the “Terms”) and have agreed to abide by the Terms and such Terms as amended by the Promoter from time to time.
  2. Information relating to the Contest as provided by Promoter by any means and in any manner shall form part of the Terms.

Eligibility and Conditions of Participation

  1. The Contest is open to anyone who:
    1. is aged 20 years or above on the date of enrolment into the Contest;
    2. is ordinary legal resident in Thailand holding valid legal identification documents (such as identity card) issued by the relevant governmental authority (copy of such documents shall be upon Promoter’s request provided to Promoter for verification); and
    3. is capable to provide a valid email account and a valid Thailand telephone number for contact and enrolment into the Contest.
  2. Current and former professional athletes are not eligible to participate in the Contest. Employees of the Promoter and their immediate family members (“immediate family members” means spouse, children, parents, brothers and sisters) are not eligible to participate in the Contest.
  3. Notwithstanding any provisions herein, if any participant’s enrolment into the Contest is prohibited or restricted by any relevant and/or applicable law or regulations, the participant shall be deemed to have been disqualified ab initio. A participant who has breached any of the Terms will be disqualified.
  4. Each person can enroll into the Contest once only. In the event of a dispute regarding identity of a participant, the successful enrolment will be deemed enrolled by the authorized holder of the National ID card/passport card used for enrolment into the Contest. Authorized holder is defined as the natural person who is the owner of the National ID/passport card used in the enrolment.
  5. Participation in the Contest in accordance with the Terms is free of charge.

Enrolment into the Contest

  1. The enrolment period for the Contest is open from 00:00:00 on 17 January 2017 to 23:59:59 on 16 February 2017 (Hong Kong time) (the “Enrolment Period”). The Enrolment Period is subject to change or modification at the absolute discretion of the Promoter.
  2. An enrolment will be considered as successfully submitted only when all steps set forth in clause 10 below are completed during the Enrolment Period. Any enrolment submitted after expiry of the Enrolment Period shall be invalid and unacceptable.
  3. An entrant shall complete all of the following steps for successful submission of an enrolment into the Contest:
  1. to provide all personal information requested on the enrolment form;
  2. to provide a valid Thailand telephone number and a valid email address on the enrolment form;
  3. to submit a recent photo (which should contain a full face head shot and a full length body shot) of the entrant and the photo should have been taken within 12 months from the date of submission of the enrolment form; and
  4. in accordance with Promoter’s guidelines (to be provided by Promoter from time to time on the KIX Website) answer the question why the entrant is the toughest person in Thailand.
  1. An entrant who has enrolled into the Content shall be referred as a “participant” in the Terms.

Selection and Announcement of the Winner

  1. Upon completion of the Enrolment Period for the Contest, the Promoter will review participants’ answers and photos submitted during the Enrolment Period and at its sole discretion select a shortlist from the participants for closed door audition to be organised by the Promoter on 25 February 2017 and/or 26 February 2017 at a location to be informed by the Promoter. A participant who has been selected to attend a closed door audition organised by the Promoter shall be referred as an “Applicant” in the Terms.
  2. Each Applicant will be notified separately by email of the time slot and the location of his/her closed door audition, each Applicant is required to reply to Promoter’s email within three (3) Working Days to acknowledge receipt and to confirm the Applicant will be available to attend the closed door audition and the Competition (as defined in clause 17 below) if the Applicant has been selected as a Finalist (the date(s), time slot(s) and location(s) of the Competition will be specified by the Promoter in the email). The Applicant’s failure to comply with this deadline or if the Applicant is unable to attend the closed door audition and/or the Competition shall result in forfeiture of the Applicant’s eligibility to attend a closed door audition. For the purpose of the Terms, “Working Day” means a day (except Saturdays, Sundays or Public Holidays) on which licensed banks are open for business in Hong Kong and in Thailand.
  3. During the closed door audition, each Applicant will be interviewed by the Promoter and tested on his/her physical fitness by doing some physical tests (e.g. planking and pushups exercises).
  4. Upon completion of the closed door audition, the Promoter will at its sole discretion select 10 finalists based on the Applicant’s fitness level and personality. The 10 finalists who have been selected shall each be referred as a “Finalist” in the Terms.
  5. A list of the 10 Finalists will be posted up on the KIX Website by 28 February 2017. The 10 Finalists will be required to compete in the Competition (as defined in clause 17 below). The Finalists will be notified separately by email of the date(s), time slot(s) and the location(s) of the Competition and are required to reply to Promoter’s email within three (3) Working Days to acknowledge receipt and to confirm the Finalist will be available to attend the Competition. The Finalist’s failure to comply with this deadline or if the Finalist is unable to attend the Competition shall result in forfeiture of the Finalist’s eligibility to advance to the next round of the Contest.
  6. The 10 Finalists will compete in the obstacle course competition to be organised by the Promoter which will be held on a day during the period from March to April 2017 in Bangkok at a location to be advised by the Promoter (which shall be referred as the “Competition” in the Terms). It is mandatory that instructions given by the Promoter and/or the game marshals must be followed throughout the Competition. A Finalist who does not follow the instructions given by the Promoter and/or the game marshals will be disqualified immediately. The Promoter reserves the right to disqualify a Finalist in the event of fraud, misconduct or any arising discrepancies which might affect the proceedings of the Competition.
  7. The winner of the Competition will be the winner of the Contest (the “Winner”). There will be one (1) Winner of the Contest. The Winner will be announced at the end of the Competition. The Winner is required to acknowledge receipt by signing a Winner’s acknowledgement form in the format as specified by the Promoter on notification within the time specified by the Promoter, failing which the Promoter reserves the right to withdraw the Prize from the Winner and to select an alternate winner.

Personal Safety during the Closed Door Audition and the Competition

  1. Participants engaging in the closed door audition and/or the Competition are responsible for ensuring that he/she is properly equipped and that his/her state of health and physical condition are such as not to involve any risk to himself/herself or any other person during the closed door audition and/or the Competition. The closed door audition and the Competition involve physical challenges and there are inherent risks in participating in such activities such as physical injuries. By participating in the closed door audition and/or the Competition, the participants will have freely consented to such conduct in knowledge of the risks that may be involved and have accepted and solely assumed all responsibilities for any harm, injury, loss or suffering and all associated risks that may occur while participating in such activities. The participants acknowledge and agree the Promoter accepts no responsibility for death, accident, injury, illness, loss or misadventure caused to or suffered by participants, however caused. All participants shall assume all liability for any of his/her loss, damage, injury, death or claim that may arise from participating in the Contest, the closed door audition and the Competition.

Prize

  1. The Winner will be awarded with THB 100,000 (Thai Baht One Hundred Thousand) which shall be inclusive of all taxes (which shall be referred to as the “Prize”). The Winner shall be responsible for all taxes relating to the Prize.
  2. Notwithstanding any provisions in the Terms, Promoter reserves the right to change the Prize without notice, in which case a prize of equal or different value will be substituted at the Promoter’s sole discretion, and any of such change shall be final and binding upon all participants.
  3. The Prize of the Contest may consist of products provided by third party supplier(s). The Prize may be subject to such applicable terms and conditions of any third party supplier(s) and the Promoter is not liable for such terms and conditions. The Promoter will not be responsible for any injuries, losses or damages suffered as a result of the redemption or usage of the Prize of the Contest.
  4. If the Winner fails to comply with clause 18 above or the Prize for whatever reason fails to be delivered to the Winner (e.g. due to incorrect contact or payment details given by the Winner), the Prize shall be deemed as an unclaimed prize. The Promoter may at its sole discretion deal with any unclaimed prize in any manner it may think fit, including but not limited to selection of an alternate winner. If a Winner is subsequently found that he/she does not meet the eligibility criteria to enter into the Contest or if he/she has breached any of the Terms, the entry will be disqualified, the Prize of the particular Winner will be forfeited and the Promoter will select an alternate winner.
  5. Participants and the Winner shall be responsible for the correctness of their personal information including but not limited to their postal addresses, email addresses and telephone numbers registered with or communicated to the Promoter. Promoter in any event shall not be responsible for any failure of the participants and/or the Winner to receive notifications of any kind and/or the Prize from Promoter due to any reasons, including but not limited to electronic-transmission errors.

Promoter’s Judgment

  1. The participants hereby acknowledge and agree that the Promoter’s judgment as to any matter relating to the Contest, including but not limited to any enrolment eligibility, correctness of answers given by the participants, selection of the Winner, the award of all Prize(s) and any other matters relating to the Contest, will be final and binding upon all participants. No dispute or correspondence will be entertained by the Promoter.

Publicity

  1. All participants and the Winner agree that no cost or fees will be given to them:
  1. they may be requested to participate in public relation events (the “Public Relation Events”) tied to any campaign of which the Contest forms a part; and
  2. the Contest (including the closed door audition and the Competition) and the Public Relation Events in whole or in part will be video and audio recorded, photographed and reproduced in any format, including but not limited to live or recorded video display, photographs or publicity materials (“Materials”), for transmission and/or broadcast and/or publication by Promoter (and its designee) at its sole discretion in any manner or means and/or on any media anywhere in the world at any time, including without limitation, to generate press coverage of the Contest and/or that campaign, quotes given for inclusion in press releases and press conferences, interviews etc., for promoting any brands, services and/or channels owned and/or controlled by Promoter and/or its associated companies.

All participants and the Winner hereby warrant that they shall freely grant to Promoter:

  1. all rights to at Promoter’s sole discretion use their names, images, photographs, voices and/or likeness in connection with the Materials in perpetuity throughout the world in any manner or means and/or on any forms of media and the participants hereby waive and release all of their rights thereto;
  2. an irrevocable, worldwide, perpetual, royalty-free right and licence to at the Promoter’s sole discretion use and edit any material submitted as a part of their enrolment into the Contest pursuant to clause 10 hereof (the “Works”) in any manner or means and/or on any forms of media anywhere in the world now known or hereafter invented;
  3. to the fullest extent permitted by law, waive any moral rights or similar rights they may have in the Materials and the Works or any part thereof throughout the world; and
  4. undertake not to object to any use of the Materials and the Works by the Promoter or any party authorized by the Promoter.

Disclaimers and Limitation of Liability

  1. Each participant of the Contest shall indemnify and hold the Promoter, its agents, employees, representatives, associates, affiliates, parent and subsidiary companies harmless from or against any and all claims, losses, costs, damages, liability and/or expenses arising out of his/her breach of any of the Terms.
  2. Each participant of the Contest expressly releases the Promoter from any claim, causes of action, demand and/or liability arising out of or in connection with the Contest and/or the Prize of the Contest. To the extent permitted by law, all participants expressly waive any and all rights to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest and/or the Prize of the Contest.
  3. The Promoter shall not indemnify and shall not be liable in any way for any and all liability, claims, demands, causes of action, losses, costs and/or damages which the Winner and/or the Winner’s heirs, assigns, personal representatives and next of kin may have, whether known or unknown at the present time, of any nature whatsoever, arising out of or relating to: (i) the Contest and/or Prize(s);  (ii) personal injury and/or property damage, theft or loss suffered by the Winner howsoever caused; and/or (iii) any tax liabilities in relation to the Prize(s) and/or use and/or enjoyment of the Prize(s).
  4. The Promoter shall not be responsible or liable for any accident, injury, illness, death, misadventure, liability, claims, demands, losses, costs, causes of action and/or damages arising out of or relating to the Contest and the Prize. The Promoter accepts no responsibility for death, accident, injury, illness, damage, loss or misadventure howsoever caused to or suffered by the participants arising out of or relating to the Contest and the Prize. All participants shall assume all liability for any of his/her loss, damage, injury, death or claim that may arise from participation in the Contest and redemption and usage of the Prize of the Contest.
  5. The Promoter shall not be responsible for any incorrect or inaccurate capture of participants’ information and/or personal or contact particulars, and any lost or misdirected email notification of the announcement of the Winner, including but not limited to technical malfunctions, human or technical error, seeding or printing errors, lost/delayed/garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer line or network, computer equipment, software or any combination thereof.
  6. The Promoter shall not be liable for any late, misdirected or unavailable network, server or other connections or technical failures. In the event of any corruption, disruption and/or other failure of the administration and/or security of the server as a result of any virus, bug or any other cause beyond Promoter's control, Promoter reserves the right to cancel and/or suspend the Contest without notice.
  7. If, for any reason, the Contest is not organized as planned, due to the reasons of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupts or affects the administration security, fairness, integrity or proper conduct of the Contest, the Promoter reserves the right to disqualify any participant and/or the Winner who tampers with the enrolment process, and to cancel, terminate, modify or suspend the Contest without notice.

General

  1. The Promoter reserves the right, in its sole and absolute discretion, to:
    1. amend, delete, add or vary any of the Terms from time to time without giving any prior notice and by enrolling in the Contest all participants shall be deemed to have agreed to accept and comply with any such amended Terms;
    2. terminate or disqualify any participant’s enrolment into the Contest;
    3. disqualify any Applicant or Finalist of the Contest;
    4. reclaim any Prize of the Contest at any time as it thinks fit;
    5. change any of the Prize of the Contest without notice and/or withdraw or forfeit the Prize from the Winner in accordance with the Terms or if the Winner is found to have breached any of the Terms; and
    6. cancel and/or suspend the Contest at any time without notice.

In any event the Promoter's decisions in respect of all matters of the Contest shall be final and binding. The Promoter shall have no liability whatsoever to any person and/or entity as a result thereof.  

  1. All participants agree that their personal data, including but not limited to name and contact details, may be processed, shared and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in these Terms. Participants have the right to request access or request correction of any personal data held by Promoter by writing to Promoter at Unit 1603, Kwun Tong Harbour Plaza, 182 Wai Yip Street, Kwun Tong, Hong Kong.
  2. Any provision of the Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of that prohibition or unenforceability,  but that does not affect the validity or enforceability of that provision in any other jurisdiction nor invalidate the remaining provisions of the Terms.
  3. The Terms are in English. If there is any other language version(s) and if there is any conflict or inconsistency between the English and such other language version(s), the English version shall prevail.
  4. The Terms shall be governed by and interpreted in accordance with the laws of the Hong Kong Special Administrative Region (“Hong Kong”) and the courts of Hong Kong will have exclusive jurisdiction in case of any dispute arising out of or in relation to the Contest.

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