Talents Mode Photo & Video Contest Privacy Policy

Talents Mode respects the privacy concerns of users of its websites. As a general policy, all information will be kept secure and confidential and will be used only for those purposes made known to users at the time the information is collected, or for the purposes specified in this Privacy Policy.

At Talents Mode, accessible from www.Talents Mode.com, one of our main priorities is the privacy of our visitors. This Privacy Policy document contains types of information that is collected and recorded by Talents Mode and how we use it.

  1. The contest is open to all. All Entrants must be aged 13 years of age at the time of Contest’s deadline. All entries must confirm, on application, their acceptance of the rules of the Contest and these Terms and Conditions. 
  2. The decision of the Talents Mode is final and no negotiation will be entered into.
  3. Talents Mode reserves the right, in its sole discretion, to disqualify and remove any entry that does not comply with the following requirements, even after the entry is submitted on the Website. Talents Mode will not take part in dialogue with any Entrant who has been refused entry or otherwise:

3.1 Entries must be original and your own work

3.2 You have the right to make your entry available to the contest

3.3 Entries containing any infringing, threatening, false, misleading, abusive, harassing, libellous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic or profane content.

3.4 Entries containing any material that could constitute or encourage conduct, which would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.

3.5 Entries which infringe upon the copyrights, trademarks, contract rights, or any other intellectual property rights of any third person or entity, or which violate any person’s rights of privacy or publicity. This means, for example, that entries must not include:

3.6 trademarks owned by third parties;

3.6.1 copyrighted materials owned by third parties (including movie dialogue or musical compositions); and/or

3.7 Entries which contain any commercial content that promotes any product or service other than that of Talents Mode. 

3.8 The entry does not contain or infringe upon the copyrights, trademarks, contract rights, or any other intellectual property rights of any third person or entity. Each Entrant agrees to fully indemnify Talents Mode in respect of all royalties, fees and any other monies owing to any person by reason of the Entrant breaching any of the foregoing.

3.9 By submitting an entry for the Contest, each Entrant acknowledges that the Copyright remains that of the photographer. Use may include, but is not limited to, publication in any Talents Mode media or documentation for a maximum of 10 years after the contest. You hereby grant Talents Mode a non-exclusive, irrevocable licence in each Entry throughout the world in perpetuity in all media for any use directly or indirectly connected with the Contest but solely connected to the event, including, but not limited to:

(a) inclusion within the Website and publication or similar.

(d) inclusion within any materials promoting of the Contest and / or any exhibition organised by Talents Mode, in the promotion of the Talents Mode.

(e) inclusion on Contest- and exhibition-related products to be sold by the Talents Mode or any third party following the individual agreement by the author

(f) sub-licensing the Entries to the press for reproduction in connection with the Contest and any exhibition

(g) By submitting an entry for the Contest, each Entrant acknowledges that is the Entrant’s responsibility for marking their own image to protect against image misuse; Talents Mode and its Event Partners assumes no responsibility and are not liable for any image misuse.

 

4.Talents Mode assumes no responsibility for any incorrect, inaccurate or incomplete information, whether caused by website users or by any of the equipment or programming associated with or utilised in the Contest, and Talents Mode assumes no responsibility for technical, hardware or software failure of any kind, for lost network connections, garbled computer transmissions, other problems or technical malfunctions with regard to the Contest. Talents Mode assumes no responsibility for any error, omission, corruption, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of entries. Talents Mode is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, computer equipment, software, failure of any e-mail addressed to Talents Mode on account of technical problems, human error or traffic congestion on the internet or any website, or any combination thereof, including any injury or damage to the Entrant’s or any other person's computer related to or resulting from participation or downloading any materials in the Contest. If for any reason a contestant’s entry cannot be viewed or is not capable of running as planned, including infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failures, Talents Mode assumes no responsibility.

 

  1. In no event will Talents Mode, its parents, affiliates, subsidiaries and related companies, Event Partners, its advertising or promotion agencies, or its officers, directors, employees, shareholders, representatives or agents be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential, special or punitive damages arising out of any Entrant’s access to and use of the Website. Without limiting the generality of the foregoing, everything on the Website is provided “as is”, without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for purpose or use or non-infringement.

6. In entering the Contest, each Entrant agrees to participate in related publicity and to the use of names and likenesses for the purposes of advertising, promotion and publicity without additional compensation. By entering, each Entrant releases and holds harmless Talents Mode, its parents, subsidiaries, affiliates, directors, officers, employees, Event Partners and agents from any and all liability or injuries, loss or damage of any kind arising from or in connection with participation in the Contest or acceptance or use of any prize to the greatest extent as permitted by law.

 

7. Should the Talents Mode Contest fail to take place, or be re-scheduled, due to Coronavirus or additional factors outside of the Talents Mode’s control there are no cash alternatives available for prize winners.  In no event will the Talents Mode, its parents, affiliates, subsidiaries and related companies, Event Partners, its advertising or promotion agencies, or its officers, directors, employees, shareholders, representatives or agents be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential, special or punitive damages arising out of any cancellation or rescheduled event.

 

GENERAL RULES:

By participating in the Contest, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor/Judges. Sponsor's/Judges' decisions are final on all matters relating to the Contest and are not subject to appeal. All material submitted becomes the sole property of Sponsor and will not be returned. Sponsor assumes no responsibility or liability for damages, losses or injury resulting from acceptance or use of any prize. In no event will more than the stated number of prizes be awarded. All Entries will be declared made by the authorized account holder of the email address submitted at the time of Entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. NOTICE: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The Sponsor and its agencies are not responsible for technical, hardware, software or telephone malfunctions or failures of any kind, including any injury or damage to any person's computer related to or resulting from participating in or experiencing any materials in connection with the Contest, lost, late stolen, misdirected, damaged, incomplete and/or garbled Entries, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Contest or by any human error which may occur in the Contest. Consequently, Sponsor and its agencies are not liable in the event your Entry is not captured due to the aforementioned reasons. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the Entry process or the operation of the Contest; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be in violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest or the website, Sponsor reserves the right to cancel the Contest and determine the winners based on the Judging Criteria in accordance with these Official Rules. By participating in the Contest, each Entrant agrees that the Authorized Parties (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from Entrants' acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize's quality or fitness for a particular purpose. 

 

ENTRANT LICENSES/RELEASES:

If the photograph or videography contains any material or elements that are not owned by the Entrant and/or which are subject to the rights of third parties, and/or if any persons appear in the photo and video, the Entrant is responsible for obtaining, prior to submission of the photo and video, any and all releases and consents necessary to permit Talents Mode and use of the photo and video in the manner set forth in these Official Rules without additional compensation. If any person appearing in any photo and video is under the age of majority in their jurisdiction of residence, the signature of a parent or legal guardian is required on each release.

By participating, ALL ENTRANTS grant the Sponsor, Talents Mode and their designees, licensees and affiliates (the “Authorized Parties”) a non-exclusive, worldwide license, to reproduce, distribute, display and post the entries online. In addition, each WINNER grants to the Authorized Parties a license for use of his/her winning Entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known, including but not limited to, print or digital publication showcasing the winners, and promotions related to the Contest. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use.

 

THIRD PARTY RELEASES/LICENSES:

By entering the Contest, each Entrant understands that they retain their copyright. Winners authorize Sponsor, Talents Mode to reproduce, distribute, display and create derivative works of the photo and video Entry in connection with Contest, in any media now or hereafter known, including but not limited to: publication showcasing the winners; Talents Mode Contest live gallery; the website; and in exhibits and promotions related to the Contest. Winners authorize Talents Mode to reproduce, distribute, display and create derivative works of the Entry in connection with the Content of the Contest.

 

REPRESENTATIONS AND WARRANTIES:

Each Entrant represents and warrants that he or she has read, understands and will follow the Official Rules. Entrants further represent and warrant that their Entry and all materials and matter therein: (1) (except for elements that are within the public domain) are wholly original with such Entrant and are not a copy or imitation of any other material; (2) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (3) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Each Entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and the consent of no third parties are required to grant the rights hereunder. Entrant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise hypothecated his/her Entry to any other third party. Further, each Entrant represents and warrants that Talents Mode and Sponsor's use of any Entry shall not violate an agreement to which such Entrant has signed. Entrants agree to indemnify and hold the Authorized Parties harmless from and against any third party claim, to the extent relating to any breach or alleged breach of any representation, warranty or covenant made by such Entrant in connection with his or her acceptance of these Official Rules or Contest activities.

 

DATA COLLECTION/PRIVACY:

Sponsor and Talents Mode collects personal information from Entrants when they enter the Contest for use in administration of the Contest. The information collected is subject to the Privacy Policy located at https://www.talentsmode.com/privacy-policy/. By participating in the Contest, Entrants hereby agree to Talents Mode's collection and usage of their personal information and acknowledge that they have read and accepted Talents Mode's privacy policy. 

 

NO OBLIGATION TO USE:

Talents Mode shall have no obligation (express or implied) to use any Entry or to otherwise exploit any Entry, or, if commenced, to continue the distribution or exploitation thereof, and Talents Mode may at any time abandon the use of the Entry for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof.

 

GOVERNING LAW/JURISDICTION:

ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE MALAYSIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES.  

General Data Protection Regulation (GDPR)

We are a Data Controller of your information.

Talents Mode legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Information we collect and the specific context in which we collect the information:

Talents Mode needs to perform a contract with you

You have given Talents Mode permission to do so

Processing your personal information is in Talents Mode legitimate interests

Talents Mode needs to comply with the law

Talents Mode will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our policies.

In certain circumstances, you have the following data protection rights:

The right to access, update or to delete the information we have on you.

The right of rectification.

The right to object.

The right of restriction.

The right to data portability

The right to withdraw consent

Cookies and Web Beacons

Like any other website, Talents Mode uses ‘cookies'. These cookies are used to store information including visitors' preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and/or other information.

 

Privacy Policies

You may consult this list to find the Privacy Policy for each of the advertising partners of Talents Mode.

Third-party ad servers or ad networks uses technologies like cookies, JavaScript, or Web Beacons that are used in their respective advertisements and links that appear on Talents Mode, which are sent directly to users' browser. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on websites that you visit.

Note that Talents Mode has no access to or control over these cookies that are used by third-party advertisers.

 

Third Party Privacy Policies

Talents Mode's Privacy Policy does not apply to other advertisers or websites. Thus, we are advising you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt-out of certain options.

You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers' respective websites.

 

Children's Information

Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.

Talents Mode does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.

 

Online Privacy Policy Only

Our Privacy Policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect in Talents Mode. This policy is not applicable to any information collected offline or via channels other than this website.

 

Consent

By using our website, you hereby consent to our Privacy Policy and agree to its terms.

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