APPLICATION PROCEDURE 1. Each team must consist of two (2) qualified individuals/applicants. 2. Each applicant may select one (1) other teammate in order to form one (1) team. In the event that the applicant does not have a teammate, the Organizers may team him/her with other applicants to form a team, should there be others who cannot form a team by themselves. Priority shall be given however to those who can form a team of two (2) members on their own. 3. Each individual applicant/team member must complete a separate application form (including signed Release and Waiver at attached to the application form) and submit this at the Registration desk in the SMART Buddy Hot Summer Samahan Activity Area on or before 8:00 pm of the day before the Contest proper. 4. A valid ID must be presented with each application form, together with the individual’s SMART Buddy cell phone SIM for verification purposes. 5. Each qualified applicant must complete other requirements deemed as necessary in order to accomplish the application process. 6. Only the first ten (10) teams to apply and qualify can join the contest.
ELIGIBILITY REQUIREMENTS 1. The Contest is open to all existing and active Smart Buddy Pre-paid Subscribers aged 18 and above. 2. All applicants must be in good physical and mental health and must be aware that, and sign releases attesting that, participation in the Contest may expose them to risks and hazards such as but not limited to death, serious injury, illness and property damage caused by the risks associated with their participation in the Contest, including but not limited to: latent or apparent defect or conditions in any equipment used in the Contest; the use or operation by applicant or others of said equipment; acts of other people including but not limited to the Organizers and other participants; venue; weather or other natural conditions; nature of travel including but not limited to latent defects and human error, applicant’s physical condition; applicants own acts or omissions; sleep deprivation; first-aid, medical or emergency treatment or other services rendered to applicant or others; exposure
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to illness; consumption of food or drink; acts of God (e.g. typhoon, earthquakes and floods); laws or local ordinances; war or riots; terrorism; strikes; and/or no reason at all. Applicants must understand and acknowledge that the above list of reasons is not complete or exhaustive. While the organizers shall exert all means and efforts to mitigate the risks to ensure the safety of all participants, applicants must accept and assume all risks which may arise in any way from their participation in the Contest and shall not hold the Organizers, the marshals and their agents liable for any untoward incidents that may happen to them in the course of their participation in the Contest. 3. All participants must agree to interact with the other participants and cooperate with the Organizers, marshals and agents during the Contest, regardless of age, sex, race, background and experience and shall not in any circumstance, threaten or harm other participants, Organizers, marshals and their agents. 4. Employees, officers, directors and agents of Smart Communications, Inc., Cozoz, Inc., other affiliated and subsidiary companies, and their immediate family and relatives up to the 2nd degree of consanguinity and affinity are not eligible to be participants in the Contest. 5. The Organizers reserve the right to make additions to and/or deletions from the application process or make any and all changes to the eligibility requirements with or without prior notice. 6. All decisions regarding the race, including but not limited to rules, eligibility, game play, tasks, participant elimination and award of prizes, are at the Organizer’s sole and exclusive discretion, are final, and are not subject to appeal. The applicants must sign statements acknowledging that they have read and will comply with all the eligibility requirements described herein. 7. The Organizers reserve the right to disqualify any team for any reason, including without limitation, any team member’s tampering with the application process, threatening or harming another person, colluding with other participants to share prize winnings, or violating the Official rules and task instructions. Disqualification may result in, among other things, immediate forfeiture of any prize otherwise awarded or awardable. 8. Buy submitting an application, each applicant agrees to release, discharge and hold harmless the Organizers and Smart Communications, Inc. from all claims and damages arising out of his/her participation in the application process and the Race itself, and to have his/her name, photographs, voice and likeness used at the Organizer’s discretion as part of the Contest, or as part of its pre and postpromotion, in any and all media now known or hereafter devised as further set forth in the Release and Waiver attached to the Application form.
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Registration Form Personal Information
Race Leg:
Name: Nickname: Age:
Sex: Birthday:
M
Status:
Address:
F S
M
others: Tel:
E-mail: Contact Person
Cell: Relationship:
In Case of Emergency:
Cell: Have you been treated for or experienced any physical or mental illness(es) within the last Yes No ten years? If Yes, please describe in detail, citing dates, diagnosis and any on-going problems:
Are you currently taking any medications? If yes, which ones, and why are you taking them? Please list any allergies you have and your current treatment for them:
By signing below I agree that I: 1. Have joined by my own volition and is physically fit to join the event; 2. Shall abide by the event rules and shall respect the decision of the organizers; 3. Acknowledge that the organizers have made every effort to ensure the safety of all participants and shall not hold the organizers, the marshalls and their agents for any untoward incidents that may befall me in the course of the event; 4. Confirm that the information given above is true and correct;
Name and Signature To be filled up by Organizer:
Verified by: Approved by:
TEAM Assignment:
SIM No. Date:
RELEASE AND WAIVER
PLEASE READ, SIGN AND DATE THE FOLLOWING:
I hereby acknowledge that: (i) I have read and understand, and I meet and agree to be bound by, the eligibility requirements for THE SMART BUDDY FUN 3G CHALLENGE (the “Contest”); (ii) I have answered all the required questions/fields posed in the application form honestly, accurately and to the best of my ability and knowledge; (iii) if any of the information that I provide to the Organizers is found to be false, this will be grounds for my dismissal from the Contest application process and Contest itself even if I am ultimately selected as a participant; (iv) even if I meet the eligibility requirements, the Organizers have no obligation to select me as a participant; and (v) all decisions by the Organizers concerning selection of participants and other matters is final and not subject to challenge or appeal. For purposes of this release, the “Organizers” shall mean Cozoz, Inc. and Smart Communications, Inc., including each of their respective parents, licensees, assigns, subsidiary and affiliated companies, successors and assigns and their respective directors, officers, agents and employees.
By submitting this application, I hereby consent to the recording, and use and reuse by the Organizers of my voice, actions, likeness, name, appearance and biographical material (collectively “Likeness”) in any and all media now known or hereafter devised, in perpetuity, in any and all version now known or hereafter devised (including digitized versions) in, or in connection with, the Contest. I agree that the Organizers may use all or any part of my Likeness, and may alter or modify it, regardless of whether or not I am recognizable. I further agree that Organizers exclusively own all right, title, and interest in and to any material (e.g. video, any photos, recording, etc.) (collectively “Materials”) Page 1 of 3
of any kind that the Organizers may make of me in connection with the Contest and all rights therein and thereto including, without limitation, the right to use and exploit the Material and my Likeness in any and all media and versions now known or hereafter devised, in perpetuity. Without limiting the foregoing in any way, I further agree that Organizers may use my Likeness and Material in connection with any promotion, publicity, marketing or advertisement for the Contest and/or for related products and services offered by the Organizers in any manner whatsoever. I understand that the Organizers make no representation whether or not such Materials will be used in any manner whatsoever. I irrevocably and absolutely grant the rights hereunder whether or not I am selected to participate in the Contest. I release Organizers from any and all liability arising out of their use of my Likeness and/or Material (including, without limitation, any claim that such use invades any right of privacy and/or publicity and any claims based on defamation or libel or false light), and I represent and warrant that I have the right to grant the rights conveyed hereunder. I understand that the Organizers make no representation that the Materials will or will not be used in any way.
By submitting this application, I hereby declare that I am in good physical and mental health and am aware that participation in the Contest may expose myself to risks and hazards such as but not limited to death, serious injury, illness and property damage caused by the risks associated with my participation in the Contest, including but not limited to: latent or apparent defect or conditions in any equipment used in the Contest; the use or operation by applicant or others of said equipment; acts of other people including but not limited to the Organizers and other participants; venue; weather or other natural conditions; nature of travel including but not limited to latent defects and human error, applicant’s physical condition; applicants own acts or omissions; sleep deprivation; first-aid, medical or emergency treatment or other services rendered to applicant or others; exposure to illness; consumption of food or drink; acts of God (e.g. typhoon, earthquakes and floods); laws or local ordinances; war or riots; terrorism; strikes; and/or no reason at all. I hereby understand and acknowledge that the above list of reasons is not complete or exhaustive and that while the Organizers shall exert all means and efforts to mitigate the risks to ensure the safety of all participants, I hereby accept and assume all risks which may arise in any way from my participation in the Contest and shall not hold the Page 2 of 3
Organizers, the marshals and their agents liable for any untoward incidents that may happen to me in the course of my participation in the Contest.
This release shall be deemed to be entered into in Makati City, and shall be governed by and construed in accordance with the laws of the Republic of the Philippines. In the event of any action, proceeding or litigation concerning this release or my appearance or participation in the Contest, I hereby agree to submit to the jurisdiction of the competent courts of Makati City only, to the exclusion of all other courts of equal and competent jurisdiction.
Without limiting the foregoing, any provision of this release which is held invalid, void or illegal will not, in any way, affect, impair or invalidate any other provision of this release, and such other provisions will remain in full force and effect. I hereby agree to have the invalid, void or illegal provision replaced with a valid and legal provision that is as close as possible to the commercial substance of the invalidated provision. No waiver by the Organizers of any term or condition of this release will be construed as a waiver by the Organizers of any other term or condition; nor will any waiver by the Organizers of any default under this release be construed as a waiver by the Organizers of any other default. It is further understood and agreed that no failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder. The Organizers may freely assign, in whole or in part, any of their rights or obligations under this release. I may not assign my rights and obligations under this release.
I have signed this Application and Release and Waiver on the ___________day of ___________________, 2007.
Signature: _____________________________ Print Name:____________________________ Page 3 of 3