TERMS AND CONDITIONS
- 2. (a) Any MALE 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 PWEDE! THE NATIONAL BOY BAND SEARCH FORM (ApplicationForm); (2) photocopy of Authenticated Birth Certificate duly certified by the proper government office; 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.
- (b) The AUDITIONEE must attend and submit to an interview that the ORGANIZERS shall conduct on the day the Application Form is submitted or at such other time and venue as the ORGANIZERS, at their sole discretion, shall determine.
- (c) The ORGANIZERS reserve the right to reject any application for failure to satisfy these basic requirements.
- March 14 - NCR - Fisher Mall, Quezon City, 11AM onwards. *Postponed due to COVID-19
- March 28 - SM City Pampanga *Postponed due to COVID-19
- April 4 - Baguio City *Postponed due to COVID-19
- April 18 - Cebu City *Postponed due to COVID-19
- May 9 - Iloilo City *Postponed due to COVID-19
- May 23 - Naga City (Albay) *Postponed due to COVID-19
- June 6 - Davao City *Postponed due to COVID-19
- June 20 - Cagayan de Oro *Postponed due to COVID-19
- that he has not been charged or convicted in any court of law in the Philippines or in any other country;
- that he is neither a fugitive from justice, nor wanted by any local or international law enforcement agency;
- that he 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 shall shoulder all his personal expenses beyond the amenities and allowance that may be guaranteed or granted by the Organizers;
- that he has disclosed all his/her existing and/or prospective management contracts, recording contract and endorsement contracts;
- that he is free to enter into an exclusive contract with Viva Artists Agency, Inc., Ninuno Media, Inc. and Viva Records Corporation, and that he may also be considered to enter into an exclusive contract with ORGANIZERS or any of its affiliates or subsidiaries.
- that the ORGANIZERS shall have the exclusive right to take photographs of, to record, or to reproduce, all or any part of his performances and appearances in connection with the Auditions;
- that the ORGANIZERS may record his 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 for any reason within the sole discretion of the ORGANIZERS.
- 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.
- 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, 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. PWEDE! THE NATIONAL BOY BAND SEARCH (herein-after referred to as the “Auditions”) is organized by Viva Artists Agency, Inc., Viva Live, Inc. and Ninuno Media, Inc. (hereinafter referred to as the “ORGANIZERS”). PWEDE! THE NATIONAL BOY BAND SEARCH TERMS AND CONDITIONS (“Terms and Conditions”) shall apply to all stages of the Auditions.
2.
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 are as follows:
(Dates Subject to Change Depending on Venue Availability)
7. The AUDITIONEE warrants that his 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 but above thirteen (13) years of age shall procure the consent of his parent or legal guardian to his 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 involvement in any kind of controversy at any time during the course of the Auditions may cause his 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 unqualified consent to all that the ORGANIZERS might legitimately do or cause to be done to his 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 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 performances, in any manner whatsoever, and in any part of the world, as the ORGANIZERS shall in their sole discretion deem fit.
14.
i. the Auditions;
ii. the interviews with the AUDITIONEE;
ii. 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 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 Auditions Form. Photographs submitted with the Auditions Form 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 Auditions Form shall be deemed to be current. To rectify any erroneous disclosure in the Auditions Form 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 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 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 Auditions Form 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 his participation in the Auditions in any way whatsoever, whether or not such commercial exploitation redounds to his 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 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.
PRIVACY POLICY
Viva Artists Agency, Inc., Viva Records Corporation, Ninuno Media, Inc., Viva Live, Inc and their respective affiliated and related companies ("We," "Us" or "Our") respect your privacy and will keep secure and confidential all personal and sensitive information that you may provide to Us, and/or those that We may collect from you ("Personal Data").
This privacy statement ("Statement") provides for the Personal Data we obtain, or which you may provide through Our website, https://viva.com.ph/pwede-the-national-boyband-search,or in person, and the standards we observe in using, processing, keeping, securing, and disclosing said Personal Data.
Please read this Statement carefully to understand how We treat Personal Data. We may update this Statement from time to time to reflect change(s) in the law and/or our internal standards.
When We do so, We will notify you by posting the updated Statement in this Website for your information and reference. By accessing the Website and submitting Personal Data through it, you expressly acknowledge that you have read, understood and hereby agree to all of the terms of this Statement and that you provide consent for us to:
- Process your Personal Data, as provided under applicable laws, regulations, and Our policies, for Our subsidiaries and affiliates, contractors, service providers, and other authorized third parties' legitimate purpose/s;
- Make your Personal Data available for Our subsidiaries and affiliates, contractors, service providers, and other third parties.
Personal Data We Collect and Process
Any Personal Data that you may provide through your correspondence(s) with Us in connection with the Website or in person shall also be considered and treated as Personal Data.
When you navigate through and interact with the Website, depending on your settings, We may use automatic data collection technologies (e.g., cookies, web beacons, small data text files or similar technologies) to obtain certain information about your equipment, browsing actions, and patterns, such as:
- Details of your visits to the Website (e.g., traffic data, location data, logs, and other communication data, and the resources that you access and use on the Website).
- Information about your computer/device and internet connection, as well as IP address, operating system, and browser type (collectively, "Collected Data").
The Collected Data are mostly statistical data but may include other Personal Data, and We may maintain or associate them with the Personal Data that We ask you to provide to Us in connection with your inquiries about the Website.
What We Do with Personal Data and Collected Data
We will use the Data you provide to process your application to participate in PWEDE! THE NATIONAL BOY BAND SEARCH and for development of any content arising from PWEDE! THE NATIONAL BOY BAND SEARCH. We will exert efforts so that your Data will be secure from unauthorized access and use. Your Data will not be provided to third parties unless (i) provided for otherwise in this Privacy Policy; (ii) we obtain your consent, such as when you choose to opt-in or opt-out to the sharing of Data; (iii) a service provided on our site requires the interaction with or is provided by a third party, by way of example an Application Service Provider; (iv) pursuant to legal process or law enforcement; (v) we find that your use of this site violates this Policy, Terms of Service, other usage guidelines or as deemed reasonably necessary by us to protect our legal rights and/or property; or (vi) this site is purchased by a third party whereby that third party will be able to use the Data in the same manner as set forth in this Policy. In the event you choose to use links that appear on our site to visit other web sites, you are advised to read the privacy policies that appear on those sites.
We occasionally use third-party contractors to perform functions for us such as site maintenance and analysis, which shall include the collation and storage of the information you provided. These entities have access to the personal information needed to perform their functions and are contractually obligated to maintain the confidentiality and security of any personal information collected from the website. They are restricted from using, selling, distributing or altering these data in any way other than to provide the requested services to the website.
We do not use or disclose sensitive personal information, such as age, without your consent.
Retention of Personal Data and Collected Data
We and/or Our duly authorized third party shall retain the Personal Data and Collected Data for a maximum period of five (5) years counted from the date you provide it to Us, or when they were collected, respectively.
Disclosure and Sharing of Personal Data and Collected Data
We may disclose aggregated information about our users, and information that does not identify, or when combined with other information, does not directly and certainly identify any individual, without restriction.
We may disclose and share the Personal Data and Collected Data, subject to compliance with applicable laws and regulations, on a need to know basis, and in all cases only for legitimate business purposes, as follows:
- To our subsidiaries and affiliates;
- To contractors, service providers, and other third parties We engage to support our business, and who are bound by contractual obligations to keep Customer Information and Collected Data confidential, and use it only for the purposes for which We disclose it to them;
- To government and law enforcement agencies and regulatory bodies;
- To comply with orders of courts, government agencies, regulatory bodies, stock exchanges and with applicable laws and regulations;
- If We believe disclosure is necessary or appropriate to protect the rights, property, or safety of Viva Communications, Inc. and its subsidiaries and affiliates, officers, employees customers, or other third parties;
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Website users is among the assets transferred; and
- To conduct investigations of breaches of Our internal policies, laws and regulations, enforce appropriate sanctions and pursue legal actions if necessary.
Accessing and Correcting Your Personal Data
You are entitled to certain rights in relation to the Personal Data collected from you, including the right to access and correct your Personal Data being processed, object to the processing, and to lodge a complaint before the National Privacy Commission in case of violation of your rights as data subject.
You may send us an e-mail at vrdureza@viva.com.ph to request access to, correct and/or delete any Personal Data that you have provided to us. We may not accommodate a request to correct and/or delete Personal Data if We believe the same would violate any law or legal requirement or cause the Personal Data to be incorrect.
Security of your Personal Data and the Collected Data
We have implemented technical, organizational, and physical measures designed to protect the confidentiality, integrity, and availability of your Personal Data and Collected Data and secure such Data from destruction, unauthorized access, alteration, disclosure, fraudulent misuse and/or any other unlawful processing, as well as other natural and human dangers.
While this Privacy Policy states our standards for the maintenance of Data and we will make efforts to meet them, we are not in a position to guarantee these standards. There may be factors beyond our control that may result in disclosure of data. As a consequence, we disclaim any warranties or representations relating to maintenance or nondisclosure of Data. However, we have ensured that measures have been adapted to ensure the protection of your data, the confidentiality of your personal information, and the prevention of the Data’s unauthorized use.
Contact Information
Should you have any questions and/or concerns regarding this Statement, Our use of your Personal Data and the Collected Data, or your rights in relation thereto under the Data Privacy Act of 2012, please do not hesitate to contact Our Data Protection Officer at the following: vrdureza@viva.com.ph and (+632) 687-6181.
