ABS-CBN FILM PRODUCTIONS INC.: HELLO SEARCHER SPARKS CALL (MADE FOR YOUTUBE ORIGINAL)
TERMS AND CONDITIONS
Important: Please read these Terms and Conditions before participating in this Program. By participating, you agree to be bound by the Rules and represent that you satisfy all of the eligibility requirements below.
OFFICIAL RULES - NO PURCHASE NECESSARY TO JOIN. OPEN ONLY TO ENTRANTS WHO ARE FILIPINOS OF LEGAL AGE ON THE DATE OF SUBMISSION OF THE ENTRY. ONLY THE AUDIO-VIDEO CONTENT PUBLICLY UPLOADED ON SOCIAL MEDIA AND SUBMITTED THROUGH THE SUBMISSION FORM, AS THE CASE MAY BE, WILL BE ACCEPTED AS ENTRIES. BY PARTICIPATING, EACH CONTESTANT UNCONDITIONALLY ACCEPTS AND AGREES TO COMPLY WITH AND ABIDE BY THE RULES LOCATED IN THE SUBMISSION FORM AND THE DECISIONS OF ABS-CBN FILM PRODUCTIONS. INC (“AFPI”) WHICH SHALL BE FINAL AND BINDING IN ALL RESPECTS.
Description of Game: Hello Searcher, a made for YouTube original, is a BL (Boys Love) Dating Show of Black Sheep. HELLO SEARCHER will feature the journey of one Searcher as he gets to know six Searchees. (The "Game").
The Searchees participate in games and other activities for the chance to be the final man standing with the Searcher.
Eligibility and Agreement to Rules: By participating, the participants understand and agree to be fully and unconditionally bound by the Rules, the Release and Participant Agreement, and any other agreement or release in connection with the Game, the terms of which are all hereby deemed repeated and included as part of the Game Terms and Conditions (the “Terms and Conditions'').
How to Enter:
Aged 21 years old and above
Filipino citizen and understands Filipino
Living in the PH or abroad but willing to travel to Metro Manila if selected and must be able to understand Filipino.
Has stable internet connection
Six (6) contestants will be chosen to be Searchees for Hello Searcher at the beginning of the show.
The chosen participants will be contacted via email by Hello Searcher’s production team to discuss further the terms of show.
For the entire season, one Searcher will play games and challenges with the Searchees. Every week, one Searchee will be eliminated based on their performance in the games and challenge and the personal selection of the Searcher until only one Searchee remains.
AFPI reserves the right to introduce additional mechanics for succeeding episodes at any point.
Hello Searcher contestants are subject to verification. All participants will be required to verify their eligibility including completing a Release and Participant’s Agreement, which shall be accomplished, signed, and returned upon selection to become contestants of the show. The Contestant understands that non-execution of the Audition Form, the Release and Participant’s Agreement, and the Terms and Conditions, as well as any and all other agreement or release in connection with the Competition shall be a ground for disqualification at the sole discretion of AFPI.
The Contestant hereby makes all representations, warranties, disclosures, covenants, and agreements described in the Terms and Conditions, the Audition Form, the Release and Participant’s Agreement, and/or any other agreement or release in connection with the Competition. The Contestant fully understands that any disclosure, representation or warranty, if found to be false or inaccurate, or if the Contestant breaches any covenant or agreement made in this agreement or any other agreement or release in connection with the Competition, shall be a ground for AFPI to disqualify or remove the Contestant from the Competition
Additional terms and conditions apply to the Winner’s Prize and/or the Finalist's participation. No prize substitution shall be permitted except at AFPI sole discretion. ANY AND ALL PRIZE-RELATED EXPENSES, INCLUDING WITHOUT LIMITATION ANY AND ALL TAXES, SHALL BE THE SOLE RESPONSIBILITY OF THE WINNERS. The Winner and the Finalists may be required to complete a tax form and may be required to furnish his social security number for the sole purpose of the preparation of any tax form that may be required by law.
Warranties: In addition to the warranties described above and those made by the Participant in the Release and Participant’s Agreement, and in any and all other agreement or release in connection with the Game:
The Contestant understands and agrees that AFPI do not support nor endorse any audio-video content may it be song covers, dance challenges, impersonation, skits, and/or any other video submitted by the Contestant at any stage of the Competition and such any audio-video content may it be song covers, dance challenges, impersonation, skits, and/or any other video do not necessarily reflect the opinion or policies of AFPI, nor of their employees, directors, shareholders, officers, agents, or representatives.
The Contestant represents, confirms and warrants that he has secured the necessary consent of and authorization from any and all of the other performers or persons appearing or involved in any audio-video content may it be song covers, dance challenges, impersonation, skits, and/or any other video to be uploaded in the Sparks Call submission form or through other means, in connection with their appearance, performance and involvement therein, the recording, posting, submission, exhibition, airing, broadcast, display, pre-production, adaptation, modification, translation, publication, distribution and use of their performances, names, images and likeness for the Competition, and for and any and all programs, channels and platforms now existing or hereafter developed, of AFPI, its parent, subsidiaries and affiliates, worldwide and in perpetuity.
The submission of any audio-video content may it be song covers, dance challenges, impersonation, skits, and/or any other video, in whole or in part, does not establish or create by any express or implied relationship between AFPI, or their respective subsidiaries and affiliates and the Contestant including but not limited to any relationship of principal and agent.
AFPI will not return any audio-video content may it be song covers, dance challenges, impersonation, skits, and/or any other video to the Contestant. Upon submission, any audio-video content may it be song covers, dance challenges, impersonation, skits, and/or any other video will become the property of AFPI(subject to rights reserved by AFPI and may in its sole discretion be discarded without notice to the Contestant or to anyone. AFPI, and its subsidiaries and affiliates shall not be liable in any way if any Entry or a part of it is lost, misplaced, stolen, or destroyed.
The foregoing Terms and Conditions shall apply to any person/entity who makes any submission in relation to the Competition even if said submission does not qualify as an Entry.
Consent to Participate: The Contestant understands that AFPI have the discretion to include segments within the Competition which may or may not be sponsored by third party advertisers and entities (the “Segments”). In connection with sponsored Segments, the Contestant will handle, use, mention, plug, appear besides, or otherwise promote and endorse the name, logo and tagline of the sponsor, its product, service, or business. The Contestant agrees that he will not do any act or make any statement which would be disparaging, derogatory or otherwise harm or prejudice the sponsor, its product or service. The Contestant hereby warrants and represents that he is free to participate in such sponsored segments, that there are no legal, contractual, or other restrictions against his participation or appearance in such sponsored segments, and that he will hold AFPI free and harmless from any claim or demand made by any person or party arising from a breach of the foregoing representation. Except as specified in the foregoing, the Contestant shall not mention or plug any other commercial product, service, venture, or thing on the Competition, including the name of or her employer. The Contestant warrants that he is not, and that no one is acting on or his behalf, giving or receiving, nor is he or anyone acting on her behalf given or received, any monies or other valuable consideration (including a division of any prizes) in connection with my appearance in the Competition, and the Contestant has not authorized and will not authorize, and no one acting on her behalf has authorized or will authorize, anyone else to do so. The Contestant agrees that if anyone tries to induce him or her to make any such product mention or placement or to do any such act or accept any such money or consideration, he shall immediately notify AFPI.
Terms & Conditions: AFPI has the right, in its sole discretion, to maintain the integrity of the Competition. AFPI may, in its sole discretion, update these Terms and Conditions as the need arises in furtherance of the Competition. Any attempt by the Contestant (or any person) to deliberately damage any website or undermine the legitimate operation of the Competition may be a violation of criminal and civil laws. Should such an attempt be made, AFPI reserves the right to seek damages to the fullest extent permitted by law.
Disputes: The Courts of Quezon City, Philippines shall have sole jurisdiction in relation to the terms and conditions of this Agreement which shall be interpreted according to the laws of the Philippines.
Separability Clause: If any provision of the Terms and Conditions is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remaining provisions shall continue in full force and effect. No waiver of any provision of the Terms and Conditions will be effective or enforceable unless recorded in writing signed by the party waiving such right or requirement. Such a waiver shall not waive or affect any other portion of the Terms and Conditions.
General: The Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of AFPI.
GAME PRIVACY NOTICE
ABS-CBN FILM PRODUCTIONS, INC. (“AFPI"), a corporation duly organized and existing under Philippine laws, with business address at 2nd Floor Eugenio Lopez Jr. Communication Center, Eugenio Lopez Drive, Quezon City, Philippines (including its affiliates and subsidiaries,) is committed to protecting your privacy and developing technology that gives you a powerful but secure and safe online experience. This Privacy Notice (the “Privacy Notice”) applies to and governs data collection, recording, updating, modification or corrections, usage, sharing, storage, retention and destruction or disposition (collectively, “data processing”) by AFPI in the websites owned and/or operated by AFPI, including the website you are currently accessing (the “Website”). You are hereby requested to accept and consent to the data processing rules and practices described in this Privacy Notice so that you may continue to use and enjoy the Website.
Insofar as AFPI processes your personal data for purposes of using and enjoying the Website, AFPI shall comply with its obligations on data privacy, as specified in Republic Act No. 10173, otherwise known as the “Data Privacy Act of 2012”, its implementing rules and regulations, and all other relevant data privacy laws. Where applicable, AFPI shall likewise comply with relevant data privacy laws of the country or territory where you are a citizen, a resident or otherwise accessing the Website.
AFPI encourages you to review the privacy statements or policies of websites you choose to link to from the Website (the “Linked Sites”) so that you can understand how these Linked Sites collect, use, and share your information. AFPI is not responsible for the privacy statements or policies or other content on websites downloaded from the Website and other websites operated by third parties.
AFPI’s activities, procedures, and objectives in relation to data processing are guided by, consistent with, and pursuant to the principles of transparency, legitimate purpose, and proportionality as provided by law.
Personal Information you provide to AFPI:
To allow you to access and/or use the Website, including the creation, registration, or maintenance of a user account specific to you (the “Account”), AFPI may ask you to provide particular contact and personally identifiable details, such as your name, e-mail, home, work or some other address, telephone numbers (landline or mobile), as well as sensitive personal information, such as nationality, birthday, gender, educational attainment, occupation, religious, philosophical or political affiliations, family background, government-issued data like social security number and passport details. AFPI also collects anonymous demographic information, which is not unique to you, such as your ZIP code, preferences, interests, and favorites. Please note that providing additional information about yourself may reveal your identity even when using the Website as an "Anonymous" user.
Further information may be collected when AFPI exchanges communications with you. For example, if you submit a request, contact AFPI's support team, or report a violation or complaint to AFPI’s responsible officer (firstname.lastname@example.org) in accordance with your rights as provided below.
Any such information you provide AFPI is used for its internal purpose only and/or connected with the Website and will be treated with the utmost confidentiality.
Any false, incorrect, or outdated information may impair AFPI's ability to provide you with the Website and to contact you when necessary. AFPI will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you may not be able to continue to use the Website.
Content or materials you upload and any other information you submit to the Website will be posted along with additional personally identifiable information. Therefore, you must exercise caution and common sense when submitting these content materials or information. At the very least, you should demonstrate the same degree of caution as when publishing personal data by means other than the Internet and cellular services.
Meta-data that AFPI collects from your use of the Website and view of sponsored Content
AFPI keeps track of your surfing and browsing of the Website and its Linked Sites, collects information about your use of the Website, and may collect information about the services that you use and how you use them, like when you visit different parts of the Website or view its sponsored content, and what selections you make.
AFPI may also automatically collect certain technical information such as:
Device information. AFPI may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile information if you use a mobile device to access the site);
Log information. When you use the services or view content provided by AFPI may automatically collect and store certain information in server logs. This information may include details of how you used our service, such as your navigation paths and search queries; mobile related information if you access the Website using your mobile device; internet protocol address; device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL; and cookies that may uniquely identify your browser or your account.
For example, AFPI may record the frequency and scope of your use of the Website, the duration of your sessions, the web pages that you visit, information that you read, content that you use or create, advertisements that you view or click on, your communications with other users and third parties, the Internet Protocol (IP) address and the name of the domain that serves you to access the Website, and the geographic location of the computer system that you are using to log-in. Such data is usually automatically collected and stored in log files of the Website's computer servers.
Location and/or Route Information.
Whether as "Anonymous" or as a registered user, when you use your Mobile Phone with a copy of the Website, AFPI collects your location and route information. AFPI uses that information to provide you and other users with the Website. AFPI may make further use of your location and route information by providing you information about sites, shops, and other places and attractions in your close vicinity.
AFPI may install "cookies" to help you personalize your experience with the Website. A “cookie” is an HTTP file that is placed on your browser by a web page server. Cookies cannot be used to run programs or deliver viruses to your device. Cookies are uniquely assigned to you and can only be read by the web page server of the Website that issued the cookie to you.
You can accept or decline cookies by modifying your browser setting to decline cookies if you prefer. Unless you have changed your browser setting to decline the cookie, if you continue to use the Website, the cookie will be automatically installed. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Website or the Linked Sites you visit.
One of the primary purposes of cookies is to provide a convenience feature to save you time by informing the web server that you have returned to a specific page. For example, if you personalize the website pages or register with Linked Sites or services, a cookie helps the Website to recall your behavioral information on subsequent visits. When you return to the Website, your behavioral information from your previous visits can be retrieved, so the Website and its features can be customized based on your data.
Information collected by the government
You acknowledge that under Republic Act No. 10175, or the Cybercrime Prevention Act of 2015 (the “Cybercrime Law”), law enforcement authorities, with due cause, shall be authorized to collect or record by technical or electronic means traffic data in real-time associated with specified communications transmitted by means of a computer system.
Traffic data refer only to the communication’s origin, destination, route, time, date, size, duration, or type of underlying service, but not content nor identities.
Under the Cybercrime Law, the integrity of traffic data and subscriber information relating to communication services provided by a service provider shall be preserved for a minimum period of six (6) months from the date of the transaction. Content data shall be similarly held for six (6) months from the date of receipt of the order from law enforcement authorities requiring its preservation.
Performance of services
The information gathered by AFPI about you is used to operate the Website and deliver the services you have requested.
Behavior Tracking for Customer Customization
AFPI keeps track of your surfing and browsing of the Website and its Linked Sites, essentially logging information about the sections and web pages that you visit and the actions you take. AFPI monitors these connections to determine what AFPI services are most popular and uses this data to deliver customized content and advertising within the Website to customers whose behavior indicates that they are interested in a particular subject area. Generally, AFPI monitors your browsing behavior to give you – the customer - the most efficient service and the most satisfactory experience that AFPI can provide.
If you do not wish AFPI to track your behavior on our Website, your option is limited to closing the Website.
Marketing, Promotions, and Surveys
AFPI also uses your personal data to inform you of other products or services available from AFPI, its affiliates, subsidiaries, and external business partners. Thus, AFPI may contact you for any or all of the purposes below:
to market, promote, and advertise our products, services, events, initiatives, and activities.
to customize our advertising, promotional, and marketing activities.
to conduct research, survey, and perform statistical analyses of user behavior in order to measure relative consumer interest in our various products, services, and activities; and to promote and manage our customer loyalty program(s).
From time to time, AFPI may also contact you to participate in surveys on your opinion of current services or of potential new services that may be offered by AFPI, its affiliates, subsidiaries, or partners. Your participation in the survey is optional and not a condition for the continued use or access to the Website.
Aggregated Data and Analytics
AFPI may also use collected data to create aggregated anonymous data and to use and share such data with its affiliates, subsidiaries, external business partners, and Trusted Contractors (as defined below) for research, analysis, and evaluation to improve AFPI’s performance and delivery of services. AFPI shall make commercially reasonable efforts to remove or obscure your personally identifiable information used for aggregated and analytics purposes.
Cross-Promotions with AFPI Affiliates, Subsidiaries, and External Business Partners
AFPI may, from time to time, contact you on behalf of its affiliates, subsidiaries, and external business partners about a particular offering that may be of interest to you. In these cases, your unique, personally identifiable information is not transferred to the affiliate, subsidiary, or external business partners.
Services of Trusted Contractors engaged by AFPI
AFPI has contracted and may further hire trusted third-party service providers to perform certain activities on behalf of AFPI, to help AFPI in delivering the services to you, or to help AFPI in performing statistical analysis, sending you email or postal mail, providing customer support or arrangement for deliveries (“Trusted Contractors”). These Trusted Contractors may have access to, process, record, use, store, retain, or destroy your data for the purposes stated in this Privacy Notice. All such Trusted Contractors are prohibited from using your data except to provide these services to AFPI and are required to keep and maintain the confidentiality of your data. AFPI shall be responsible to you for safeguarding your personal information unless you have entered into an agreement with such Trusted Contractor that would directly allow them to use and disclose your personally identifiable information.
Please note that AFPI shall never sell, rent or lease its customer lists to third parties.
Nonetheless, AFPI does not disclose sensitive personal information without your explicit consent.
The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Community Services"). AFPI has no obligation to monitor the Community Services. You agree to use the Community Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. You agree to be responsible for any personally identifiable information or personally sensitive data that you disclose through the Community Services, which may be collected and used by any third party.
Integration with social networks
You may choose to share information between your Account and your social network accounts (such as Facebook, YouTube, Instagram, Twitter). Through this option, you may choose to have personal information and other content about you available from social networks transmitted and shared through the Website. Similarly, you may choose to have personal data and other content about you available from AFPI, including your location and route information, transmitted to and shared through your social network account if you choose to share this information.
When you connect to the social network account through the Website for the first time or otherwise make the Website interact with your social network account, you will be asked to permit the social network to share your personal information stored on such a social network website. AFPI collects your information from your social networks account only in accordance with the privacy settings you have set up under your social network accounts. Accordingly, AFPI only collects such information which you allowed the social network(s) to share with third parties (such as your name, email address, list of friends, profile picture, other information you make publicly available via the applicable social network and/or additional information you authorize us to access by allowing the social network to provide such information) subject to the privacy settings that you have set in such social network accounts. You understand that the Website may access, make available, and store (if applicable and as permitted by the third-party social network and authorized by you) the information in your social network accounts so that it is available on and through your Account with AFPI.
Please note that certain information you have defined as private on your third-party social network accounts may become public to other AFPI users through the Website if you have specified such information to be shared on the Website.
Data Storage, Protection, Retention:
Your data are stored in AWS Cloud Storage in Singapore. The database is controlled and accessed electronically only by the select administrative staff of AFPI or its duly authorized Trusted Contractors.
AFPI implements reasonable and appropriate organizational, physical, and technical security measures to protect any data, such as personal information, meta-data, or otherwise, that AFPI collects from you.
These security measures aim to maintain the confidentiality, integrity, and availability of your data against any accidental or unlawful destruction, alteration, and disclosure, as well as against any other unlawful processing. AFPI uses commercially reasonable methods, technology, and tools to secure personal data from unauthorized access, use, or disclosure. AFPI reserves the personally identifiable information you provide on the Website in a controlled, secure environment, protected from unauthorized access, use, or disclosure. When personal data (such as a credit card number) is transmitted to other websites, it is protected through encryption, such as the Secure Socket Layer (SSL) protocol.
AFPI also has stringent protocols, policies, and procedure for the collection, processing, and storage of personal data, including but not limited to ensuring that office spaces and workstation shall provide privacy to anyone processing your data, encrypting your data during storage, and while in process, restricted access protocols, authentication procedures, and regular scanning, testing and upgrading of its security measures against data breaches
No Liability for Other Users’ Conduct
AFPI takes significant measures to provide you with the best experience you can have while using the Website. However, AFPI has no control over the conduct of any user and disclaims all liability in this regard. Users are advised to carefully and thoroughly consider whether or not to make public or available any information and carefully examine all necessary details related to any communication with other users before any engagement or communication being made.
Participating in any user's activities as a result, directly or indirectly, from using the Website is entirely at your own risk. AFPI is not a party to any agreement entered into between the users in any circumstances. The user has the sole and ultimate responsibility regarding compliance with all laws, regulations, or any other duty. AFPI does not accept any liability for any loss, damage, cost, or expense that you may suffer or incur as a result of or in connection with your participation in any activity or event initiated, held or conducted by a user or a third party nor concerning any agreement between the users or third parties, including any action or event-related in any way, directly or indirectly, the Website or the use thereof.
AFPI will retain your personal data for the duration it deems necessary for its reasonable business needs to ensure full delivery and performance of the services you require, or for as long as necessary to fulfill the purposes AFPI collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements, or for complying with any applicable law, regulation, legal process or governmental requests.
To determine the appropriate retention period for personal data, AFPI shall consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which AFPI process your personal data, and whether AFPI can achieve those purposes through other means, and the applicable legal requirements.
After that, your data may be anonymized or destroyed. When anonymized for research or statistical purposes, your personal data will and can no longer be associated with you, in which case AFPI may use this information indefinitely without further notice to you. AFPI may at all times review, retain, and disclose any other information as AFPI deems necessary to satisfy any applicable law, regulation, legal process, or governmental request and AFPI's needs and necessities. By doing so, AFPI does not either expressly or impliedly endorse, affirm or in any manner assume any responsibility for such communications.
Your Rights under this Privacy Notice
Rights to your Personal Data
AFPI recognizes and adheres to your rights to your personal data as provided under relevant data privacy laws. At any time you may deem necessary or convenient, you may correct, edit, modify or update the personal information or sensitive personal information that you provided on the Website.
Further, you have the right to:
access, retrieve, copy, and otherwise be informed about your data that was processed, how such data were processed, date when your personal data was last accessed and modified;
dispute the inaccuracy in your data;
suspend, withdraw, or order the blocking, removal, or destruction of your personal data from AFPI’s system;
be indemnified for any damages you may have sustained due to such inaccurate, incomplete, false, unlawfully obtained, or unauthorized use of your data attributable to AFPI’s fault or negligence; and/or
object to the processing of your personal data, including processing for direct marketing, automated processing, or profiling.
Should you wish to exercise any of the rights mentioned earlier, please contact us by sending an email to email@example.com. AFPI shall endeavor to reply to or otherwise act on your concerns without undue delay and in any event within one (1) month from our receipt of your email. That period may be extended by a further period of two (2) months where necessary, considering the complexity and number of requests. AFPI will inform you of any such extension within one (1) month of receipt of your email, together with the reason for the delay.
Changes to this Privacy Notice
AFPI may amend this Privacy Notice at any time in its sole discretion. AFPI may affect any amendments or modifications to this Privacy Notice through announcements made through the Website and/or written notice, advice, or material sent to you.
AFPI welcomes your comments, questions, and suggestions regarding this Privacy Notice. You may contact AFPI at firstname.lastname@example.org. AFPI will use commercially reasonable efforts to reply to your comments and/or questions promptly.
At all times, you opt out of answering the form or providing further information.
In some circumstances, you can ask us to delete your data. If you wish to remove personally identifying details from AFPI's servers, please contact email@example.com to facilitate the request.