FOX LATIN AMERICAN CHANNELS INC and FIDUCIARIA COLOMBIANA DE COMERCIO EXTERIOR S.A. –FIDUCOLDEX- as speaker of Fideicomiso de Promoción de Exportaciones PROEXPORT COLOMBIA, established under business trust agreement by Public Deed Number 8851 of November 5, 1992, of the First Notary Public of Bogotá, D.C. and thus committing solely and exclusively the assets of said trust, hereinafter known as PROEXPORT, have decided to carry out a contest under the name of “The Experience of Your Life”, to be produced by Fox Latin America, which shall be governed under the following:
TTERMS AND CONDITIONS
ARTICLE 1.- DEFINITION: “The Experience of Your Life” is the contest organized by PROEXPORT COLOMBIA, that seeks to select twelve (12) people to travel to Colombia to live a magical adventure during ten (10) days, with all expenses paid, for the purpose of learning about, getting to know, and enjoying our culture, gastronomy, and best landscapes, with a view to undergoing the experience of their lives.
PARAGRAPH 1.- Selected participants shall be part of docu-reality-type television program, to be produced by FOX LATINOAMÉRICA, that shall be broadcast by this media to different countries in the world for the purpose of promoting Colombia as an international tourist destination.
PARAGRAPH 2.- Selected participants shall travel to Colombian tourist destinations approved by PROEXPORT, such as Bogotá, the Café Triangle, Cartagena de Indias, and Santa Marta, visit different interesting sites in each destination, and carry out activities determined by the program’s producer.
ARTICLE 2: REQUIREMENTS FOR PARTICIPATING.- Only people born and residing in Ecuador, Venezuela, Perú, Brazil, the United States or Spain, register for the contest, provided they fulfill the following requirements:
ARTICLE 3: CONTEST RESULTS AND WINNERS PROEXPORT shall select two (2) participants for each of the countries to which this contest is directed (Ecuador, Venezuela, Peru, Brazil, the United States, and Spain), taking into account the creativity of the uploaded video and the basic aspects indicated in the registration form, at the discretion of PROEXPORT and the producer. It is necessary to have fulfilled all the above requirements to be selected as a winner of the contest.
PARAGRAPH 1.- The results of the contest shall be published in www.colombia.travel on September 25, 2009, and winners shall be contacted by e-mail.
ARTICLE 4: SELECTION CRITERIA.- Factors such as luck or chance shall not be considered when selecting winners; on the contrary, the selection shall be performed objectively, taking into account the criteria determined by PROEXPORT, the producers, and the Terms and Conditions of these regulations; winners shall be evaluated by a committee composed of representatives of PROEXPORT, PROEXPORT and the producers.
PARAGRAPH 1.- The criteria considered shall be the creativity of the video and the participant’s reasons for wanting to come to Colombia.
PARAGRAPH 2.- PROEXPORT reserves the right of not awarding one or any of the trips if, in its judgment, none of the contestants fill the requirements determined under the present Terms and Conditions.
ARTICLE 5: VERIFICATION OF INFORMATION.- As of this moment, the participants authorize PROEXPORT to consult any information pertaining to them in various databases, especially the information related to the money laundering and terrorism financing risk management system, to which all participants submit by their acceptance of the present Terms and Conditions.
PARAGRAPH 1.- By accepting the following Terms and Conditions, participants guarantee the veracity of the information provided to PROEXPORT, as contained in the registration form of “The Experience of Your Life” contest.
ARTICLE 6: TRAVEL EXPENSES.- Pursuant to the present contest, >PROEXPORT shall undertake the following travel expenses of the participants selected as winners of the contest:
PARAGRAPH 1.- POEXPORT shall not bear expenses in addition to the ones indicated above; thereby, the selected participants shall be personally responsible for expenses incurred during the trip, and PROEXPORT shall not be a guarantor of any debt acquired by the participants in the course of the trip.
ARTICLE 7: TRAVEL PLAN.- The itinerary determined by the program’s producers and PROEXPORT shall be of compulsory compliance for all participants; nonetheless, the physical and health limitations of each of the selected participants shall be verified at the time of carrying out specific activities.
PARAGRAPH 1.- Contestants selected accept and agree to travel through the different tourist destinations in Colombia by any of the means of transportation determined by the producers; namely, air, inland waterway, sea and/or land.
ARTICLE 8: ACCEPTANCE OF RESULTS.- By accepting these Terms and Conditions, the participants agree to accept the results of "The Experience of Your Life” contest and, therefore, waive any claim to or compensation from PROEXPORTand/or the producers.
PARAGRAPH 1.- All participants accept that the prize is personal and non-transferable, is not subject to sale, transfer or other; and, therefore, the only person who shall enjoy the prize is the winner duly selected in accordance to these Terms and Conditions.
ARTICLE 9: PROCEDURE AND REQUIREMENTS FOR TRAVELING TO COLOMBIA.- Within a maximum period of two (2) days from the date of notification and publication of the results of “The Experience of Your Life”, the winners must comply with the following requirements, which must be received at the Bogotá offices of PROEXPORT within said period of time:
PARAGRAPH 1.- Should a prize not be claimed in time, it shall considered forsaken and there shall be no obligation by PROEXPORT to award it.
PARAGRAPH 2.- PROEXPORT shall not be responsible for the selected participants' entry to Colombia; participants must fulfill the requirements determined by Colombian immigration authorities; therefore, if any of the selected participants is denied entry to Colombia, he or she shall be automatically excluded from enjoying the trip through Colombia, and neither PROEXPORT PROEXPORT nor the producers shall bear any liability. Any selected participant who finds him or herself in such situation waives any claim and exonerates PROEXPORT from any liability deriving from said circumstance, which shall be considered as force majeure.
PARAGRAPH 3.- The requirements indicated above are mentioned notwithstanding additional requirements that the Colombian immigration authorities may demand, the compliance of which is compulsory.
ARTICLE 10: DISEASE AND ACCIDENTS DURING THE TRIP.- The participants selected must purchase an international travel insurance policy with coverage in Colombia, and covering at least the risks of accident and disease, for them to be cared for by health professionals in the case of a contingency in Colombian territory. Insurance coverage must extend for a lapse of time equal to the duration of the trip plus fifteen (days).
PARAGRAPH 1.- Neither PROEXPORT nor the producers shall be held liable for any accident or disease suffered by the selected participants during the trip, the activities scheduled during the trip, nor the activities carried out during the free time of each participant. Whichever the case may be, the participants shall undertake all the risks derived from said activities.
ARTICLE 11: RESPONSIBILITY.- By the acceptance of the present Terms and Conditions, the participants agree not to hold liable PROEXPORT Colombia, FOX Latin American Channels, their co-sponsors, and their respective advertising and promotion agencies for any event originating in the use and enjoyment of the trip and release them from any responsibility in this regard. Therefore, the participants shall refrain from any subsequent indemnification request or claim requested by them or their family members, without implication of limitation for direct and indirect damages; injuries; accidents; death; suffering; anguish; violation of author’s rights or copyrights; the right to a good name; libel, slander or defamation; third-party damage; or any other damage or loss of any type or nature; expenses, legal costs and fees; or any other type of fee (known or unknown) suffered as a result of or related to, for example: (a) participation in any stage or moment prior, during, or subsequent to the contest; (b) presentations in or for promoting the program (should there be any); (c) different activities related to any kind of audition, the contest and/or the program; (d) anything the participants may say or do in relation to any kind of audition, the contest and/or the program; (e) any trip the participants may undertake to attend or leave the program; (f) loss of any prize or award obtained during the audition, the contest and/or the program; (g) falsification of any declaration or representation in this registration; (h) non-compliance with any of the dispositions of these Terms and Conditions.
ARTICLE 12: CONDUCT.- Once in Colombian territory, selected participants submit without limitation or condition to Colombian laws, and, therefore, commit themselves to not infringe them, to heed the instructions and requirements of national authorities, and to keep a conduct in accordance with the principles of behavior generally accepted in the country. The infringement of Colombian laws shall result in expulsion from the trip and notification of the corresponding authorities.
ARTICLE 13: AUTORIZATION FOR USE OF LIKENESS.- By the sole fact of taking part in "The Experience of Your Life" contest, participants irrevocably and exclusively authorize PROEXPORT, FOX Latin American Channel, Inc., NGC Network Latin America LLC, and/or related entities (collectively, “FOX”) to use the data in the registration forms and the video in case of having been selected and to publish their names, biographical material, photos, videos, recordings, likeness, appearance, voice, prize information and/or any other similar data, in relation to the production, distribution, exhibition, publicity and/or promotion of the contest and the program, in part or in whole, by any method, and in each and all the communication media presently known or that may be developed, including without limitation the internet, wireless systems, podcasting, SMS, all forms of television, radio and printed material, without prior notice or compensation of any kind. In this regard, participants acknowledge that they accept and that do not reserve any right related to said uses or publications.
PARAGRAPH 1.- Likewise, by the sole fact of taking part in The Experience of Your Life contest, participants authorize PROEXPORT and/or FOX Latin American Channel to edit, broadcast, and divulge photo images, videos, posters, audio files and/or any other items related to the likeness of the participants, whether by gratuitous or onerous title; therefore, they may use, exhibit, and re-exhibit my likeness (“Likeness”), name (“Name”), biographical data (Biographical Data), and/or broadcast the sound of my voice (“Voice”) captured in any territory by any existing or to-be-created support media and/or media for the diffusion of images and sound (including but not limited to open-signal television (“Free TV”), paid television (“Pay TV”), pay-per-view television (“Pay-per view"), home video, and/or on-demand video, in the modalities of commercialization for the video-rental and/or sales market; sale in newsstands and/or any other multimedia, computer, and other digital media; commercial exhibits in cultural, sports, or education institutions, clubs, associations, any means of land, inland waterway, sea and/or air transportation, submarine platforms, closed circuits, internet, broadcast by telephone, optic fiber, cable and/or satellite, as well as to reproduce the Likeness, Name, Biographical Data, and/or Voice in any printed material (including but not limited to journals, magazines, books, and posters) at any time and in any territory of the world, with no restrictions regarding the number of exhibitions, broadcasts, reproductions and the form of use, diffusion, exhibition, reproduction, divulgation, commercialization and/or distribution of the Name, Biographical Data and/or Voice and/or the media and/or the support in which the Likeness, Name, Biographical Data, and/or Voice will be fixed.
PARAGRAPH 2.- According to the indications contained in this article, by the acceptance of these Terms and Conditions, participants undertake to indemnify PROEXPORT for any cost, expenditure, loss, damage and/or loss of profit (including, but not limited to lawyer’s fees and judicial costs) in which it could incur as a consequence of the disregard of this disposition by the participants.
PPARAGRAPH 3.- The participants declare and agree that neither PROEXPORT nor any third parties shall owe any sum by virtue of the authorization for the use of the Likeness, Name, Biographical Data, and Voice and/or any other form of use, diffusion, exhibition, reproduction, divulgation, distribution and/or commercialization of the Likeness, Name, Biographical Data, and Voice, in accordance to the terms of authorization set forth in these Terms and Conditions, under any kind of title.
PARAGRAPH 4.- By the sole fact of taking part in The Experience of Your Life contest, participants freely, irrevocably, and irrectractably declare that their participation in the activities in which their Likeness, Name, Biographical Data, and/or Voice will be captured by their own free will and at their account and risk; and from this point forward, PROEXPORT and any other third party are excepted of any responsibility regarding any expenditure, cost, loss and/or damage in which they may incur as a consequence of the Activities, the present Authorization, and/or the right to use the Likeness, Name, Biographical Data, and Voice contained in these Terms and Conditions.
ARTICLE 14: COMPLIANCE COMMITMENT.- By accepting the present Terms and Conditions, contestants declare that they shall comply with all the regulations, directions, and instructions of PROEXPORT Colombia and FOX, which may be modified at the discretion of PROEXPORT and/or FOX at any time, and which may eventually affect the contestants’ participation, both during the stage of selection of winners, as well as during the filming and production of the production, should there be any.
PARAGRAPH 1.- In the event that they be selected as winners, the participants commit themselves to complying with the agreements and contracts entered into with the contest’s production and the television production.
PARAGRAPH 2.- All contestants selected to participate in The Experience of Your Life must remain in the contest until its conclusion. Withdrawing from the contest shall be solely and exclusively by reason of an accident or physical or medical conditions that merit it, which must be duly approved and certified by an appropriate, qualified professional.
ARTICLE 15: PROMOTION OF BRANDS AND PRODUCTS.- Participants may not promote brands or trade products or services during their trip to Colombia nor during the recording of the docu-reality produced, without the express authorization of PROEXPORT and FOX Latin American Channels; the infringement of this stipulation shall be grounds for expulsion from the trip and cancellation of the prize.
PARAGRAPH 1.- Only the publicity approved by PROEXPORT, FOX Latin American Channels, and the contest’s producers shall be allowed.
PARAGRAPH 2.- The contestants declare that payment or acceptance, as well as any agreement for payment or acceptance, of money or other compensation for the mentioning during the contest of any person, company, or product that has not been revealed to PROEXPORT Colombia and FOX Latin American Channels or the contest’s producers prior to its broadcast, shall entitle PROEXPORT and FOX Latin American Channels to demand the indemnification that they consider appropriate to the damages caused, in courts and thereout, and shall entail immediate disqualification from the contest, expulsion from the trip, and cancellation of the prize.
ARTICLE 16: ABSENCE OF RELATIONSHIPS.- By the acceptance of the present Terms and Conditions, the contestants declare that they have no labor relationships with either PROEXPORT or FOX Latin American Channels; neither do they have family or professional relationships with the employees of same, and, especially, that they are not kin within the fourth degree of consanguinity, second degree of affinity, nor by marriage or adoption, to employees and/or directors of PROEXPORT or FOX Latin American Channels who may influence the awarding of prizes.
ARTICLE 17: ACCEPTANCE OF CONDITIONSS.- It is understood that all persons who directly or indirectly take part as contestants or in any other capacity in the present contest acknowledge and accept the present Terms and Conditions in their entirety, lacking the right to file any claim or action of any nature against PROEXPORT and Fox Latinoamerica, inasmuch as they consented to the diffusion of their likeness, based on the present contest.
APPLICABLE LAW AND RESOLUTION OF DISPUTES.- All controversies arising in regard to the promotion, registration, promotion or any other activity carried out in the promotion, the Participants, and PROEXPORT shall be subject to Colombian law, and therefore, to the judges and courts of the Republic of Colombia.