Terms & Conditions

THE CONTEST

Lights, Camera, Magic (the “Contest”) is an online contest that seeks to discover original short videos and provide exposure via the digital platform of Star Magic, ABS-CBN Corporation (ABS-CBN) known as the Star Magic Hub and Social Networking Sites like Facebook, Instagram, Whatsapp, Youtube among others.   By submitting an original short video (the “Video Entry”), an  individual digital video maker, content creator, visual storyteller or representative for a group or organization (the “Participant”) agrees that the Video Entry submitted is in accordance with, and that Participant enters the Contest with full knowledge of, the Official Rules (the “Official Rules”). 

LICENSES AND RIGHTS DURING THE EXCLUSIVE PERIOD

1. A Participant whose Video Entry is selected as one of the Twenty Shortlisted Entries shall retain copyright and ownership of such Video Entry. However by submitting the Video Entry, the Participant hereby agrees to grant ABS-CBN, its affiliates and subsidiaries, a non-exclusive, royalty-free license to use and exploit the Video Entry within the Exclusive Period in relation to the Contest.

2. ABS-CBN, its affiliates and subsidiaries shall have the non-exclusive right to reproduce and circulate the Twenty Shortlisted Entries, and to use, copy, publish, exhibit and distribute the Twenty Shortlisted Entries submitted for commercial and non-commercial purposes, without having to consult the Participant or to provide any compensation therefor, within the Exclusive Period.

3. The Participant whose Video Entry is selected as one of the Twenty Shortlisted Entries shall not, during the Exclusive Period, publish or post the Video Entry in any other website or vlog, transfer or convey to any third party the rights to the Video Entry, and/or the rights, title and interest, including copyright, in and to the Video Entry, or create or permit to exist any pledge, lien, encumbrance or any other third-party interest over the Video Entry, or use  the Video Entry in any way that defames or damages ABS-CBN, its affiliates and subsidiaries, and the Contest.

4. During the Exclusive Period, ABS-CBN shall have the first opportunity to commission the Participant to create other content, in all forms of media, such as television, radio, motion pictures, sound recording, merchandising, publishing, and electronic, interactive or digital media, whether now existing or developed in the future, which shall be the subject of a separate agreement between the Participant and ABS-CBN.   In the event that ABS-CBN elects not to commission the work of the Participant for any other content, the Participant shall be free to enter into agreement with any other third party, upon expiration of the Exclusive Period.

5. The Participants whose Video Entries are part of the Twenty Shortlisted Entries but are not selected as one of the Top Three, shall give ABS-CBN the first opportunity to acquire exclusive rights to their Video Entry, which shall be the subject of a separate agreement between the Participant and ABS-CBN.   In the event that ABS-CBN does not acquire the exclusive rights to the Video Entry within the Exclusive Period, the Participant shall be free to enter into an agreement with any other party for the rights to the Video Entry, upon expiration of the Exclusive Period.

RELEASES

If the Video Entry contains any material or elements that are not owned by the Participant and/or which are subject to the privacy and other rights of third parties, and/or if any persons appear in the Video Entry, the Participant is responsible for obtaining, prior to submission of the Video Entry, any and all releases and consents necessary to permit the exhibition and use of the Video Entry in the manner set forth in these Official Rules without additional compensation. If any person appearing in any Video Entry is a minor, the signature of a parent or legal guardian is required on each release.

Upon ABS-CBN's request, each Participant must be prepared to provide,  within seven (7) calendar days of receipt of ABS-CBN's request, a signed release from all persons who appear in the Video Entry, and/or from the owner of any copyrighted material, trademark, music and other intellectual properties that appear or are included in the Video Entry, authorizing the Participant, ABS-CBN and its licensees ("Authorized Parties") to reproduce, distribute, display, broadcast, create derivative works, or otherwise exploit  the Video Entry in connection with the Contest and the promotion of the Contest, in any media now or hereafter developed.  Failure to provide such releases upon request may result in disqualification of the Video Entry at any time during the Contest Period, the forfeiture of the Prizes, and selection of an alternative winner.

Similarly, upon ABS-CBN's request, each Participant must be prepared to provide, within seven (7) calendar days of receipt of ABS-CBN's request a signed written license from the owner of any  copyrighted material,  trademark, music or other intellectual properties that appear or are included in the Video Entry, authorizing any Authorized Party to reproduce, distribute, display, broadcast, create derivative works, or otherwise exploit the Video Entry in connection with the Contest and promotion of the Contest, in any media now or hereafter developed.  Failure to provide such releases upon request may result in disqualification of the Video Entry at any time during the Contest Period, the forfeiture of the Prizes, and selection of an alternative winner.

Finally, upon ABS-CBN's request, each Participant must be prepared to provide, within seven (7) calendar days of receipt of ABS-CBN's request a signed written license from the person whose privacy or other rights may be affected and/or the owner of any private property included in the Video Entry, authorizing the  Authorized Parties to reproduce, distribute, display, broadcast,  create derivative works, or otherwise exploit  the Video Entry in connection with the Contest and promotion of the Contest, in any media now or hereafter developed.  Failure to provide such releases upon request may result in disqualification of the Video Entry at any time during the Contest Period, the forfeiture of the Prizes, and selection of an alternative winner.

For the purposes of these Official Rules, the Participant will be deemed to be in receipt of ABS-CBN's request or notification as follows:

a. If sent through registered mail, five (5) days after the notification or request was actually received by the Participant;

b. If sent through private courier, on the same day the notification or request was actually received by the Participant; or

c. If sent through the Authorized Account, on the same day the email was sent by ABS-CBN.

 RELEASES AND ASSIGNMENT

1. The Participant grants ABS-CBN the right to use the Participant’s name, likeness, photograph and biographical material in connection with the promotion and publicity of the Contest, and the exploitation of the Video Entry. The Participant agrees that the Participant will not make any claim against ABS-CBN, its affiliates, subsidiaries, agents, employees, officers, directors, and other legal representatives for any further compensation or remuneration with respect to the uses or exploitation of the Video Entry and such other rights therein.

2. In consideration of the Prizes, the exposure in the Star Magic Hub and other benefits flowing from the participation in the Contest, the Participant whose Video Entry is declared one of the Top Three hereby grants and assigns to ABS-CBN, its related and affiliated companies, the  sole and exclusive rights  in and to the Top Three Video Entries , and the complete and unconditional rights any and all interest or title the Participant may have in the Top Three Video Entries that have been produced into  15-minute Short Videos, “Short Video”, including any intellectual property rights therein pursuant to Republic Act No. 8293 (the Intellectual Property Code of the Philippines), for all purposes for a period of one (1) year from the publishing of the Top Three Videos. ABS-CBN shall have the right to use the Top Three Video Entry and the Short Video, or any portion thereof, during this time, in any manner in any and all media known or hereafter developed in any territory worldwide. This assignment shall take effect immediately upon the announcement that the Video Entry has been adjudged as one of the  Top Three. After the one (1) year period, rights to the Short Video will revert to the Participant and rights to the  Short Video will change to a ratio of seventy percent (70%) for ABS-CBN and thirty percent (30%) for the Participant.

3. In consideration of the Prizes, the exposure in the Star Magic Hub and other benefits flowing from the participation in the Contest,  the Participant releases, discharges, and agrees to hold harmless ABS-CBN, its affiliates, subsidiaries,  agents,  employees, officers, directors, and other legal representatives from any claims, expenses, losses, liabilities, and damages that may be asserted against ABS-CBN at any time in connection with the participation in this Contest, any Contest-related activities and the acceptance and use, misuse, or possession of the Video Entry and any Prize awarded hereunder, as well as from claims from 3rd parties arising from alleged violations of trademark, copyright and intellectual property infringement, privacy rights, libel and defamation laws, and all other claims or causes of action they may assert in connection with the Video Entry and in any event in the participation in the Contest and submission of the Video Entry by the Participant.

4. The Participant releases ABS-CBN, its affiliates, subsidiaries,  agents,  employees, officers, directors, and other legal representatives, from any and all claims and damages the Participant may have arising out of or relating to the Contest, for emotional stress, pressure, humiliation, defamation, or other cause of action arising from the production, duplication, distribution, broadcast or exhibition of the Video Entry or Short Video, of from any injury or damage which the Participant may suffer arising or resulting from the participation in the Contest.

5. ABS-CBN  assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, or delay in operation or transmission; (b) communications line failure; (c) theft or destruction of or unauthorized access to Contest entries or entry forms; or (d) alteration of entries or entry forms. ABS-CBN is likewise not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any entry to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to Participants' or any other persons' computers related to or resulting from participation, uploading or downloading of any materials related to this Contest.

CONDITIONS

To the extent permitted by law, the right 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 are hereby excluded and any Participant expressly waives and any all such rights.


A Video Entry shall be void if ABS-CBN determines the Video Entry to not be an original, or if the Video Entry is incomplete, inaccessible or blocked, corrupted, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft, violates the private and other rights of a third person, or infringes on the intellectual property rights of another.

In the event that a Participant whose Video Entry is selected as one of the Top Three is determined to be ineligible, cannot be traced or does not respond within ten (10) days after an official winner notification has been sent, or refuses the Prizes, the Prizes will be forfeited and ABS-CBN, in its sole discretion, may choose to award the Prizes to another Participant.

ABS-CBN reserves the right to verify the validity and originality of any Video Entry and/or Participant including his or her identity and address, and to disqualify any Participant who submits an entry that is not in accordance with these Official Rules or who tampers with the entry process. ABS-CBN’s failure to enforce any of its rights at any stage does not constitute a waiver of those rights.

ABS-CBN and its affiliates and subsidiaries reserve the right to block, remove, or disqualify communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) violates any law or regulation, (e), is in violation of the privacy rights of another person, or (f) offensive or otherwise unacceptable to ABS-CBN and its affiliates and subsidiaries at their sole discretion.

ABS-CBN and its subsidiaries and affiliates reserve the right to amend the Official Rules and revise the Mechanics.

RIGHT TO CANCEL OR SUSPEND CONTEST

If for any reason the Contest is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, other malicious computer programs, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of ABS-CBN, that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, ABS-CBN reserves the right, at its sole discretion, to disqualify any Participant who tampers with the entry process, and to further cancel, terminate, modify, or suspend the Contest.