VIVA CON 2019 ARTISTS AUDITIONS TERMS AND CONDITIONS
- The AUDITIONEE must attend and submit to an interview that the ORGANIZERS shall conduct on the day the VCAAF is submitted or at such other time and venue as the ORGANIZERS, at their sole discretion, shall determine.
- The ORGANIZERS reserve the right to reject any application for failure to satisfy these basic requirements.
- that he/she has not been charged or convicted in any court of law in the Philippines or in any other country;
- that he/she is neither a fugitive from justice, nor wanted by any local or international law enforcement agency;
- that he/she is free to join, participate, and perform in the Auditions and is not restricted, prohibited, limited, incapacitated, and does not suffer any legal impediment to do so, by contract or otherwise;
- that he/she shall shoulder all his/her personal expenses beyond the amenities and allowance that may be guaranteed or granted by the Organizers;
- that he/she has disclosed all his/her existing and/or prospective management contracts, recording contract and endorsement contracts;
- that he/she is free to enter into an exclusive contract with Viva Artists Agency, Inc. and Viva Records Corporation.
- that the ORGANIZERS shall have the exclusive right to take photographs of, to record, or to reproduce, all or any part of his/her performances and appearances in connection with the Auditions;
- that the ORGANIZERS may record his/her performances - at the interview session and at all stages of the Auditions – by any means and utilizing any kind of medium including but not limited to audio, audio-visual, films, or photographs;
- the ORGANIZERS have the right to edit, telecast, publish, or otherwise use any such recordings that shall be so made, including but not limited to audio recordings, visual recordings, and photographs, for the promotion and publicity of the Auditions and VIVA CON and for any reason within the sole discretion of the ORGANIZERS.
- The AUDITIONEE shall not, in anyway and in any form, question, contest, appeal, make inquiries into, or complain about, the ORGANIZERS’ decision; and the AUDITIONEE agrees that the ORGANIZERS shall entertain none. The AUDITIONEE shall accept and abide by the decisions that the ORGANIZERS shall make relating to, among other things,
- speak to the press or other media;
- give any interview or comment relating to the Auditions, himself/herself, or other AUDITIONEE; or
- disclose any information whatsoever relating to the activities conducted or to be conducted by the ORGANIZERS. AUDITIONEES are however encouraged to share their participation or performances in the Auditions through social media owned or controlled by them as may be directed by the ORGANIZERS.
1. VIVA CON 2019 ARTISTS AUDITIONS (herein-after referred to as the “Auditions”) is organized by Viva Communications, Inc. (hereinafter referred to as the “ORGANIZERS”). VIVA CON 2019 ARTISTS AUDITIONS TERMS AND CONDITIONS (“Terms and Conditions”) shall apply to all stages of the Auditions.
2. Any person wishing to join the Auditions (hereinafter referred to as the “AUDITIONEE”) shall apply with the ORGANIZERS by accomplishing in full and submitting to the ORGANIZERS this Terms and Conditions. Along with this and constituting a material part thereof, the AUDITIONEE shall submit to the ORGANIZERS in person: (1) clear and complete VIVA CON 2019: ARTISTS AUDITIONS FORM (VCAAF); (2) photocopy of NSO Authenticated Birth Certificate duly certified by the Philippine Statistics Authority; and (3) for minors, photocopy of valid ID of AUDITIONEE’s parent or guardian; and shall present the originals thereof in order to satisfy the ORGANIZERS on the authenticity of the documents and the faithfulness of the photocopies.
3. The AUDITIONEE must be of good moral character and personality;
4. The AUDITIONEE must have the ability to show compassion and intelligence, and to speak intelligently in public places.
5. The AUDITIONEE must be possessed of a background which will not likely cause disrepute to the Auditions or the ORGANIZERS.
6. Closing date for applications is July 31, 2019.
7. The AUDITIONEE warrants that his/her performances shall not infringe the rights, including the intellectual property rights, of any person, firm, or company; or defame or embarrass said person, firm, or company; the ORGANIZERS; and the Auditions.
8. Any AUDITIONEE below eighteen (18) years of age shall procure the consent of his/her parent or legal guardian to his/her joining or participating in the Auditions.
9. The AUDITIONEE represents and warrants –
10. The filing of complaint or case involving moral turpitude against the AUDITIONEE or his/her involvement in any kind of controversy at any time during the course of the Auditions may cause his/her disqualification. ORGANIZERS will evaluate the merits of the case taking into consideration the high degree of good moral character required of an AUDITIONEE and ORGANIZERS’ policy that the Auditions should not be tainted by any kind of controversy, AUDITIONEE therefore, unconditionally agrees that a decision to disqualify shall be the sole discretion of ORGANIZERS without the necessity of passing judgment on the guilt or innocence of AUDITIONEE.
11. The AUDITIONEE hereby agrees –
For this purpose and in pursuance of these ends, the AUDITIONEE hereby freely gives to the ORGANIZERS his/her unqualified consent to all that the ORGANIZERS might legitimately do or cause to be done to his/her name, image, likeness or voice.
12. The AUDITIONEE hereby assigns to the ORGANIZERS, in an absolute and irrevocable manner, all vested, contingent, and future rights to his/her performances; and acknowledges that the ORGANIZERS shall own the sole and exclusive rights to such performances. The AUDITIONEE agrees to complete any formality and make, sign, and execute such papers and documents as may be necessary to perfect this assignment/engagement.
13. By participating in the Auditions, the AUDITIONEE irrevocably and unconditionally grants to the ORGANIZERS all consents and waivers necessary for the ORGANIZERS to record and use his/her performances, in any manner whatsoever, and in any part of the world, as the ORGANIZERS shall in their sole discretion deem fit.
14. The selection and criteria for each stage of the Auditions shall be the ORGANIZERS’ prerogative and at their sole discretion. The ORGANIZER’ decision at each and every stage of the Auditions shall be final.
i. the Auditions;
ii. the interviews with the AUDITIONEE;
iii. the granting of artist contracts, if there be any.
15. In the event that the ORGANIZERS deem it necessary to re-record any part of any round of the Auditions, the AUDITIONEE agrees to perform again for re-assessment.
16. While participating in the Auditions, the AUDITIONEE shall not, without the prior written consent of the ORGANIZERS, enter into any agreement with, or participate in any program produced, by any person, agency, firm, or company engaged in the business of producing, promoting, transmitting, or exhibiting programs for or on television, radio, print, or web, locally or internationally, or any on-ground events, that will require his/her appearance, performance, endorsement of all types and nature including product endorsement.
17. The AUDITIONEE shall make full and honest disclosure of information required to be given in the VCAAF. Photographs submitted with the VCAAF shall be properties of the ORGANIZERS which may, without prior notice to the AUDITIONEE, use them for any reasonable purpose, or for publicity, without obligation on the part of the ORGANIZERS to pay compensation or remuneration to the AUDITIONEE.
18. All information disclosed in the VCAAF shall be deemed to be current. To rectify any erroneous disclosure in the VCAAF that the AUDITIONEE may have made in good faith or in the honest belief that it was true and current, or to update and make current any information that was correct and current when it was given, the AUDITIONEE shall immediately notify the ORGANIZERS, in writing, about the change or rectification.
19. The ORGANIZERS shall not be liable to the AUDITIONEE or his/her personal representatives in respect to any loss, damage, or injury to person or property of the AUDITIONEE during any stage of the Auditions, unless such loss, damage, or injury is caused by the ORGANIZERS’ gross negligence.
20. The AUDITIONEE shall, at all times, strictly comply with the ORGANIZERS’ specifications and requirements as to the AUDITIONEE’s appearance, deportment, behavior, skills, attire, and selection and use of accessories, whether such specifications and requirements be given orally or in writing. The AUDITIONEE’s non-compliance shall disqualify him/her from the Auditions.
21. The AUDITIONEE understands and undertakes not to use the Auditions as a platform for expressing political and/or religious points of view.
22. The ORGANIZERS reserve the right to disqualify any AUDITIONEE from the Auditions or further proceeding for any engagement with the ORGANIZERS on the grounds of undesirable conduct or appearance or any misrepresentation in the VCAAF or during any stage of the Auditions.
23. The AUDITIONEE shall not, without the prior written consent of the ORGANIZERS,
24. Information disclosed or communicated by the ORGANIZERS to the AUDITIONEE in any stage of the Auditions shall be held in strictest confidence by the AUDITIONEE, unless such information (a) was, at the time of disclosure, in the public domain; (b) has, after disclosure to the AUDITIONEE, become part of the public domain by publication or otherwise except by breach of this clause by the AUDITIONEE; (c) was in the AUDITIONEE’s possession at the time of disclosure, and was not acquired, directly or indirectly, from the ORGANIZERS; (d) was received from a third party; and/or (e) is required to be disclosed by law, the courts or other competent authority.
25. Non-compliance with or breach of any of these terms and conditions shall forthwith disqualify the AUDITIONEE from further participation in the Auditions.
26. Without the consent of the ORGANIZERS, no AUDITIONEE shall, at any time during the Auditions, commercially exploit or aid in the commercial exploitation of her participation in the Auditions in any way whatsoever, whether or not such commercial exploitation redounds to her financial and other forms of gain.
27. The AUDITIONEE does hereby release, remise, and forever discharge the ORGANIZERS from any and all claims, demands, damages, cause or causes of action, and suits, of whatever kind and nature, in the event that the Auditions are annulled, cancelled, or postponed due to circumstances beyond the control of the ORGANIZERS; and he/she does hereby quit all such claims, demands, damages, cause or causes of action, and suits.
28. The ORGANIZERS reserve the right to change, revise, or amend these Terms and Conditions without prior notice to the AUDITIONEE.
29. The AUDITIONEE agrees that the selected participants in the Auditions, are hereby deemed bound by management, recording, or such applicable contract to the ORGANIZERS, as the ORGANIZERS may deem fit at its sole discretion.
30. By participating in the Auditions, the AUDITIONEE agrees to be bound by these Terms and Conditions.
31. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Philippines.
32. All previous terms and conditions, agreements, and understanding between the AUDITIONEE and the ORGANIZERS relating to the Auditions which are inconsistent with or are in conflict with these Terms and Conditions are hereby deemed amended, superseded, and repealed.
