Description of the Terms and Conditions for the MBC
Application for the Medical Blog Contest (“Competition”) is open to each individual blogger (“Participant” or collectively “Participants”) at www.medblogcontest.com
(“Website”). A “Participant” is defined as an individual blogger who has accepted experience in writing tourism, medical or medical tourism related blog/s in English language and/or bloggers’ local language. The 12 selected Participants must experience pre-selected medical and health attractions and other sightseeing activities in their randomly selected destination (Bangkok
, Chiang Mai
or Ko Samui
) over the course of four consecutive days and three more in Bangkok
. Each Participant will share his daily experience with a global audience via blog site by posting blog posts, photos, videos and travel stories (in English language and/or his/her own local language) with social media tools , media outlets and media interviews. The Competition will be organized by the Tourism Authority of Thailand (“TAT”) and/or any other co-organizers officially appointed by the TAT for this Competition, if any (collectively “Organizer”); and sponsored by sponsors of the TAT and/or Organizer for this Competition (“Sponsor”). The Competition process will operate as follows:
Period of Submission The submission period to apply as a Participant begins on or around September 1, 2010 and ends on October 31, 2010 at 11:59 PM (GMT +7) (“Submission Period”).
Review of Submissions and Notification of the Finalists: Submissions will be reviewed and judged by a committee consisting of representatives from the TAT and/or Organizer and the media (“Judging Committee”), on an ongoing basis throughout the Submission Period. The twelve (12) selected Participants (“Finalists” or individually “Finalist”) will be notified by the TAT and/or Organizer via email as well as by an announcement posted on Website on or around November 8, 2010.
Notification of the Finalists: The Finalists who will be participating in the Competition will be notified by the TAT and/or Organizer via email with information on their Itineraries and Assignments (see more in the Finalists’ Assignment Description), as well as by an announcement posted on the Website on or around November 8, 2010.
Notification of the Winners: The competition period to select the winning Finalists will start on November 22, 2010 and last until January 31, 2011 11:59 PM (GMT+7). The winning Finalists (“Winner” or “Winners”) will be notified by the TAT and/or Organizer via email as well as by an announcement posted on the Website on or around February 7, 2011
1.1 Participants must be available to travel in Thailand from approximately November 21, 2010 to November 27, 2010 for the Fam trip for competition and on February 25, 2011 (tentatively) to attend an announcement ceremony and press conference (in the event the Participants are selected as the Winners).
1.2 Competition is open to Participants of any nationality who have reached the age of 21 by the time of submitting his or her application and are not prohibited or restricted from doing so by the laws of Thailand or their country of citizenship.
1.3 Competition is open to Participants, of any country and nationality who are bloggers and have experience in writing tourism, medical, or medical tourism related blog/s in English language and/or bloggers’ local language.
1.4 Participants must possess valid passports and/or the necessary travel documents to enter Thailand.
1.5 All Participants are required to provide their true personal details (i.e. name, e-mail, country of citizenship, gender, age, profession, and address) in order to facilitate demographics data collation and for voucher/prize distribution(s), if any. Any invalid, untruthful, or incomplete entry will result in disqualification.
1.6 All Competition criteria must be fulfilled. Failure to perform any criteria may render a submitted entry ineligible for voucher/prize consideration.
1.7 Application is limited to one (1) submission per Participant; individual Participants cannot submit multiple applications.
1.8 Any application that is not presented in English will not be considered.
1.9 Any individual who has pled guilty to a crime or been convicted of a crime may be disqualified at the sole discretion of the TAT and/or Organizer.
1.10 In order to apply, Participants are required to fill out their application forms, submit their profiles, and provide the URL for their existing blog/s. No member registrations are required.
1.11 Employees, shareholders, officers, directors, agents, and representatives of Sponsor, administrators, and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion and advertising agencies, together with the immediate family members and/or those living in the same household of such persons, are not eligible to participate in the Competition. For purposes of the Competition, "Household Members" shall mean those people who share the same residence at least three months of the year and "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.
1.12 Applicants are required to provide complete and accurate information about their professional background and associations, submitted blog and blog performance as required by the Official Rules of the Competition (“Official Rules”). Participants’ submissions must be their original work; unoriginal entries and/or submissions will be rejected by the TAT and/or Organizer.
Each Applicant shall make full and honest disclosure of particulars as requested in the Competition. Any misrepresentation of any facts or particulars may result in disqualification, forfeiture or withdrawal of any prize won at the sole discretion of the TAT and/or Organizer.
2. Participation Instructions and Requirements of Submission:
2.1 To participate, visit the Website during the Submission Period (September 1 – October 31, 2010) at www.medblogcontest.com
and completely fill out the application form.
2.2 Each Participant is required to be present in all processes and procedures of submission.
2.3 Each Participant will serve as primary contact for the TAT and/or Organizer.
2.4 Each Participant must fill out the online application form and submit according to the criteria below. Submissions must be received by October 31, 2010 11:59 PM (GMT +7). Entry is not complete until the Participant has followed the online prompts to complete all submission requirements.
2.5 Requirements of Submission:
2.5.1 Each Participant must complete the online application form with bona fide information, including the following.
- Date of Birth
- E-mail Address
- About the Applicant
- Blog URL
- About the blog
- Number of unique visitors / month
- Number of page views / month
- Google page rank
- Blog start date
- Number of subscribers
- Why do you want to participate
- Your PR (Public Relation) plan to promote a blog and win the contest
Note that the Judging Committee will also take into consideration the above information as part of the criteria in selecting the Finalists.
2.5.2 Application submission must be in English. Whereas, it is not necessary that existing blog posts be in English language only, it could be in bloggers' local language and/or English language.
2.5.3 The Participants will receive only one entry in the Competition per eligible blog submitted.
2.5.4 If any Participant who has already submitted an application is discovered to have submitted any additional applications, such subsequent applications will be considered invalid. Only the application submitted originally will be considered an eligible entry. Subsequent applications will be disqualified from selection in the Competition.
2.5.5The Participants will be required to publicly show their profile online except some confidential data about their blog and blog performance as specified in the application form.
2.5.6 Each Participant MUST have experience in writing blog/s. Participants must submit one (1) applicable blog.
A blog must meet the following criteria in order to be eligible for entry in the Competition:
• Blog should be related to tourism, medical or medical tourism of any country.
• The content of the blog must comply with the Official Rules in every respect.
2.5.7 In order to have a chance of winning one of the very valuable prizes on offer, finalists will blog on the subject of Thailand Medical Tourism in English language and/or his/her local language. The valuable prizes on offer are subject to the sole discretion of TAT and/or the Judging Committee.
2.6 Restrictions on Blog Content:
2.6.1 Submissions must NOT contain material that is (or promote activities that are) sexually explicit, obscene, pornographic, violent, discriminatory (based on race, sex, religion, nationality, physical disability, sexual orientation, or age), illegal, offensive, threatening, profane, or harassing;
2.6.2 The TAT and/or Organizer encourage free content and defend everyone's right to express unpopular points of view; however, the TAT and/or Organizer do NOT permit hate content (content which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity).
2.6.3 Submissions should NOT include 3rd party trademarks, logos, insignias, location signage, photographs, artwork, or sculpture; and
2.6.4 Submissions should NOT include 3rd parties/people, who have not expressly authorized Participants to display their image, likeness, or content in the Submission or otherwise use such image, likeness or content in accordance with these guidelines. Third Parties include, but are not limited to, celebrities, non-consenting friends/family members, and minors who have not obtained parental consent prior to such participation (which will be required in writing in the event that a Submission is selected for consideration).
2.6.5 Participants must submit blog in accordance with these guidelines. No other method of submission will be accepted.
2.6.6 By providing a Submission, Participants further represent and warrant that they are the sole copyright owner of the Submission, and that they have the authority to grant the permission and rights granted, and that no other permission is required to grant such rights, and they thereby irrevocably grant TAT and/or Organizer and their assignees the right, but not the obligation, to use the Submission, the Participant's name, blog, likenesses, and biographical information, and address (i.e., city and state) and any statements made by or attributed to any Participant, for advertising and promotional purposes in any and all media, now known or hereafter devised, without notice, review, or approval, in perpetuity and throughout the universe without further compensation, and you hereby release TAT, Orgainzer and their respective parent, subsidiaries and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives, licensees, licensors and agents of each from all claims arising out of any such use.
2.6.7 The TAT and/or Organizer reserve the right to allow for minor fluctuations between the Participants’ content of the Submission blog to the Website, based on clear intent to comply with the Official Rules, as determined by the sole discretion of the TAT and/or Organizer. The TAT and/or Organizer assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of responses. The use of any device to automate the Submission process is prohibited.
3.1 Finalists Selection
Submissions will be judged by representatives of the TAT and/or Organizer and the media (“Judging Committee”) to select up to twelve (12) Finalists. Submissions will be judged equally on the following four criteria:
• Blogging experience and accomplishments (based on your submitted blog URL which will be verified by the Judging Committee)
• Knowledge about Medical, Tourism or/and Thailand
• Innovative ideas for promoting a Medical tourism blog
3.2 Best Blog Content Winner Selection
For the Best Blog Content selection, the Judging Committee will select the appropriate winner using the following criteria:
• Quality of the content
• In-depth knowledge
• Clarity and Readability
3.3 TAT may invite special native judge(s) to join in the Judging Committee or acting as ad-hoc judge(s) to consider each language’s blog posts.
4. Selection and Notification of the Finalists
4.1 The Submission period will occur from September 1, 2010 to October 31, 2010 11:59PM (GMT +7)
4.2 Finalists will be selected by the Judging Committee.
4.3 The twelve (12) Participants selected as Finalists will be announced on the Website and be contacted via email on or about November 8, 2010.
4.4 Each Participant will be required to provide a photocopy of his valid passport.
4.5 The Finalists will be required to respond to the notification as directed by the TAT and/or Organizer within the given period of time. Failure to respond timely to the notification may result in forfeiture of the opportunity to be selected as Finalists and in such case the TAT and/or Organizer reserve the right to declare alternate Finalists.
4.6 The Finalists will be required to enter into a contract with the TAT and/or Organizer called the “Finalist Agreement” which will be sent via email to be returned complete within a given period of time to be able to go ahead with the Competition. Failure to accept the Finalist Agreement shall result in forfeiture of the opportunity to be selected as Finalists and, in such case, the TAT and/or Organizer reserve the right to declare alternate Finalists.
5. Selection and Notification of the Winners of the Med Blog Contest
5.1 The blog visiting / best blog content selection will last from November 22, 2010 to January 31, 2011. 11:59 (GMT +7)
5.2 One of the two Winners will be determined by best blog content and the other winner determined by the highest number of unique visitors.
5.3 The best blog content will be selected by the Judging Committee with the criteria as follows:
• Quality of the blog content
• In-depth knowledge
5.4 Unique visitors will be counted using a web analytic system which will be installed in all blog URL by the organizer before the Competition begins, with more details as follows:
5.4.1 Each blog’s unique visitors count will be automatically tabulated using Google Analytic software, which will be added to each Finalist’s blog page.
5.4.2 TAT and/or Organizer will count only the number of unique visitors but not the number of page views.
5.4.3 In the case that a Finalist’s blog contains more than one (1) page, the unique visitors count will be included from the total unique visitors of all the pages.
5.4.4 The unique visitors count will be conducted during the competition period starting from November 22, 2010 to January 31, 2011.
5.4.5 Every Finalist will receive a username / password to track his blog’s unique visitors’ count, showing his performance.
5.4.6 Each Finalist cannot see any other blog’s unique visitor count, only his own blog’s unique visitors count.
5.4.7 The unique visitors tracking password cannot be changed.
The Finalist whose blog receives the highest unique visitors from November 22, 2010 to January 31, 2011 11:59 (GMT +7) will be called “highest unique visitors winner”. Each Finalist will be given the user name / password to access only their blog statistic.
5.5 The two (2) Winners will be announced on the Website and will be contacted via email on or around March 15, 2011 to confirm eligibility and compliance with the Official Rules.
5.6 Winners will be required to enter into a contract with the TAT and/or Organizer called the “Winner’s Agreement” and, unless prohibited by law, a publicity release and other documents as specified by the TAT and/or Organizer “Agreement”, all of which will be sent via email, to be returned complete within a given period of time.
5.7 The Winners will be required to respond as directed by the TAT and/or Organizer to the notifications within given periods of time. Failure to respond in a timely fashion to the notifications may result in forfeiture of the opportunity and, in such case, the TAT and/or Organizer may declare an alternate Winner.
5.8 Blog content review and unique visitor counting mechanics and execution will be done at the sole discretion of the TAT and/or Organizer.
5.9 Decision(s) made by the TAT and/or Organizer will be considered final.
5.10 If, for any reason, the Competition 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 TAT and/or Organizer which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Competition, TAT and/or Organizer reserve the right at its sole discretion to cancel, terminate, modify or suspend the Competition and select Winners from among all eligible online entries received. Notice of any such action by the TAT and/or Organizer will be posted on www.medblogcontest.com
6. Finalists’ Fam Trip and Assignment Description
6.1 The email notifications that will be sent to Finalists will include information containing day-by-day itineraries and their official blog URL under www.MedBlogContest.com
which will be provided along with their user names and passwords. Moreover, a list of medical websites, social media and social networking websites, from which the Finalists will have to create their own user accounts, will also be provided to Finalists to promote their personal MedBlogContest’s blog on each and every one of them. These are provided for the Finalists to prepare for the competition before coming to Thailand.
6.2 Each Finalist will be required to stay at Sponsor’s hotels located within Bangkok and their randomly assigned destination for the duration of the Fam trip (“Assignment”).
6.3 The Fam trip will last seven (7) consecutive days and six (6) nights (including travel time to the destination). The itinerary is scheduled to commence on or around November 21, 2010 and end on or around November 27, 2010. This may, however, be rescheduled by the TAT and/or Organizer.
6.4 During the Assignment, the itinerary, which must be followed for each of the seven (7) consecutive days ("Itinerary"), will have been planned and designed by the TAT and/or Organizer.
6.5 Every transfer will be provided by TAT and/or Organizer for the duration of the Competition.
6.6 Travel insurance and local medical service will be provided during the entire Competition period in case of any emergency or accident.
6.7 A local liaison officer will be provided to each destination’s Finalists (Phuket
, Chiang Mai
, Ko Samui
) except for Bangkok
, where 2 liaison officers will be assigned for different routes (one liaison officer per route); the duties of the local liaison officer include but are not strictly limited to:
• Acting as personal assistant for Finalist by continuously remaining with Finalist throughout his/her daily Itinerary and being available for contact by telephone, 24 hours a day, for assistance, emergency, regarding sickness, itinerary, or route.
• Acting as coordinator between ( helping to contact and if necessary act as translator and intermediator for) the Finalists and any official parties, such as local TAT officers, governmental officers, police, employees of any hospitals or other medical care centers, and any other parties that the Finalists need to and/or should contact in order to fulfill their obligatory duties.
6.8 The Finalists will be required to document their experience about the competition through various forms of electronic media including, but not limited to, Twitter, Facebook, YouTube, Flickr and any other websites/networks deemed appropriate ("Assignment Materials"). Their documentation will cover three periods as follows:
• Immediately after receiving their official blog URL and usernames and passwords for participating in the Competition, Finalists may start documenting their experience by introducing themselves, explaining their prior travel experience, medical facilities or medical experience, etc.
• During the Competition, Finalists should document their daily experiences.
• After the end of the 7-day traveling period until the end of the competition, Finalists can continue documenting their thoughts on their experience as a whole, from the beginning until the end.
6.9 Finalists have to provide their own electronic devices that will help them record their itinerary, such as video recorders, cameras, laptop computers, and mobile phones.
6.10 The results and proceeds of all such Assignment Materials will become the sole property of the TAT and/or Organizer. The Finalists will also be required to participate in media interviews and TAT events, as determined by the sole discretion of TAT and/or Organizer.
6.11 Only interviews coordinated and approved by the TAT and/or Organizer will be permitted throughout the duration of the Assignment unless approved in writing by the TAT and/or Organizer in advance.
6.12 All assignment-related expenses, including but not limited to coach class airfare and car service/driver to/from the destination, local transfer, local utilities, automobile usage and fuel, parking, resort and hotel lodging (expenses for resorts/hotels will only include room rates and breakfasts), attraction fees, dinners, and tolls will be absorbed/reimbursed by the Organizer and/or Sponsor as part of the official Assignment.
6.13 Apart from the aforementioned specified expenses, other costs incurred by the Finalists will not be considered assignment-related expenses and therefore will be considered Finalist’s personal expenses, which are not the liability or responsibility of the TAT, Organizer and/or Sponsor and are therefore exempt from reimbursement. Unreasonable or unnecessary expenses not specified by the Finalist Agreement will be the sole responsibility of each Finalist.
6.14 The Sponsor shall have no obligation (express or implied) to use any Assignment Materials, or to otherwise exploit any Assignment Materials or, if commenced, to continue the distribution or exploitation thereof, and may at any time abandon the use of any Assignment Materials for any reason, with or without legal justification or excuse, and the Finalists shall not be entitled to any damages or other relief by reason thereof. The TAT and/or Organizer reserve the right to allow or prohibit the Sponsor from using Assignment Materials.
6.15 No substitution is permitted, except at the sole discretion of the TAT and/or Organizer. Each Finalist agrees to undertake the Assignment at his/her own risk. Once the Assignment commences, no unscheduled lapses in the schedule are permitted, except at the sole discretion of the TAT and/or Organizer. The TAT and/or Organizer reserve the right to structure the Assignment and travel routes, and select attractions/hotels at their sole discretion.
6.16 Any optional itineraries that are taken which are not planned or included in the official Itineraries and are not agreed upon by the TAT and/or Organizer will result in warnings or disqualification from the Competition at the sole discretion of the TAT and/or Organizer. In the event of disqualification, all accommodation, coach class airfare and/or a car service to/from the destination, automobile usage and fuel, attraction fees, restaurant vouchers, spa vouchers, and medical vouchers must be forfeited from the Finalists and/or returned immediately to the TAT and/or Organizer. Disqualified Finalists will thereafter be prohibited from taking part in any future competitions or activities provided or sponsored by the TAT and/or Organizer in perpetuity.
6.17 If the Competition is canceled for any reason prior to its commencement, the TAT and/or Organizer shall have no further obligation to the Finalists. If the Competition is canceled after commencement, as a result of an unexpected accident, such as a natural disaster or disease epidemic that may affect the safety of the Finalists, the TAT and/or Organizer reserve the right to cancel the Competition and shall require Finalists to return all the gifts and goods that have been provided by the Sponsor to the Sponsor by the reason that the TAT and/or Organizer cannot deliver what they have promised to the Sponsor and shall return everything to them, except for the air-tickets, which all Finalists will need for returning to their home countries.
7. Terms of Finalists Conduct
7.1 The Finalists shall conduct themselves with due regard to the laws, public conventions, and morals of the people and Kingdom of Thailand.
7.2 The Finalists shall not, while rendering services to the Sponsor, commit any offense involving moral turpitude under Thai laws.
7.3 The Finalists shall not do or commit any act or thing that will tend to degrade any Finalist, the Sponsor, the Organizer and/or the TAT in society or bring any Finalist, the Sponsor, the Organizer and/or the TAT into public hatred, public disrepute, contempt, scorn, or ridicule, or that will tend to shock, insult, or offend the community or public morals or decency of the people and Kingdom of Thailand, or prejudice the TAT.
7.4 Inappropriate conduct, as determined at the sole discretion of TAT and/or Organizer, may result in disqualification from the Competition including the forfeiture of all benefits, or termination of the Competition.
8. Representations and Warranties /Indemnification
8.1 Each Participant represents and warrants that:
• the Submission is wholly original as of the date of submission, and is not the subject of any actual or threatened litigation or claim;
• the Submission is the Participant's own original, previously published, and previously produced work;
• the Submission does not and will not violate any applicable laws, and meets the Submission requirements as set forth above.
• the Submission neither infringes upon nor violates the intellectual property rights or other legal rights of any other person or entity;
8.2 Further, Participants will, upon request, furnish to the TAT and/or Organizer any documentation, substantiation, or releases necessary and reasonably required from all persons appearing in, or whose likeness appears in the Submission, location releases for all recognizable locations, and releases from anyone who assisted in the creation of the Submission to prove, confirm, verify, and substantiate the Participants’ compliance with any or all of the Official Rules, including, without limitation, the foregoing representations and warranties.
8.3 In the event Participants cannot provide all required releases, the TAT and/or Organizer reserve the right, in its sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for the TAT’s and/or Organizer’s benefit, or allow the applicable Submission to be utilized.
8.4 Additionally, Participants represent and warrant that they will not have and will not acquire any trademark rights, copyrights, or any other legal rights in promotion entities' trademarks, trade names, logos, or other intellectual property.
8.5 The TAT and/or Organizer specifically reserve all rights to protect its intellectual property against any infringement or other illegal or improper use. Each Participant hereby agrees to indemnify and hold the TAT and/or Organizer harmless from and against any and all third party claims, actions or proceedings of any kind, and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Participants hereunder.
9.1 Participants shall retain all ownership rights of the Submission and Assignment materials. However, by entering the Competition, Participants hereby grant to TAT and/or Organizer a universal, non-exclusive, non-expiring, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, adapt, reformat, translate, and otherwise exploit and perform all or any portion of the Submission and Assignment Materials for any purpose whatsoever, including, without limitation, in connection with the TAT network of internet websites, wireless applications, interactive television, video on demand and any other media or technology (including, without limitation, internet protocol, wireless or interactive platforms or interfaces) through which the TAT and/or Organizer distribute content to end users, whether now existing or hereafter developed (the "Platforms"), in any and all media formats and through any and all media distribution and advertising and promotional purposes, without accounting, notification, credit or other obligation to the Participants.
9.2 For the avoidance of doubt, without limiting the generality of the rights granted to the TAT and/or Organizer, these rights include, without limitation, the absolute right to edit and/or alter any Submission and Assignment Materials, distribute and synchronize all or any portion of the Submission and Assignment Materials in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-platform, port, syndicate, route, and link to and from all or any portion of the Submission and Assignment Materials; to encrypt, encode and decode, and compress and decompress all or any portion of the Submission and Assignment Materials; to edit, mix, combine, merge, distort, superimpose, create or add special content and/or other material to or of all or any portion of the Submission; to reproduce; and to excerpt and/or extract portions of the Submission and Assignment Materials in order to host, store, index, categorize and display the Submission on or through the Platforms. The TAT and/or Organizer reserve the right to use (or not use) the Submission and Assignment materials at all and/or as little of the materials as they so choose.
10. Release and Limitations on Liability
10.1 By entering this Competition, the Participant agrees that:
• any and all disputes, claims, and causes of action arising out of or in connection to the Competition, shall be resolved individually, without resort to any form of class action;
• any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering the Competition, but in no event will attorneys' fees be awarded or recoverable; and
• under no circumstances will any Participant be permitted to obtain any award for, and hereby knowingly and expressly waive all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out of pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased.
10.2 Each Participant acknowledges and agrees that the TAT, its agencies, organizers, liaisons, web masters and associates are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection to:
• incomplete, lost, late, misdirected, or illegible Submissions or for failure to receive Submissions due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with TAT and/or Organizer or otherwise, that may limit a Participant's ability to participate in this Competition;
• incorrect or inaccurate information whether caused by internet users, or by any equipment or programming associated with or utilized in connection with this Competition and assume no responsibility for any error, omission, malfunction, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, tampering, or hacking;
• any injury or damage resulting from participation in the Competition (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the Participant's rights of publicity or privacy); or
• the Participant's claim that they have somehow been defamed or portrayed in a false light. The TAT, its partners, Organizer, Sponsors, and any associated parties assumes no responsibility for any damage to Participant's computer system, which is occasioned by accessing the Website or other respective websites, or participating in this Competition, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.
10.3 By participating in the Competition, Participants agree that the TAT, its Organizer, Sponsor, subsidiaries, affiliated companies and their respective advertising, promotion and distribution agencies, affiliates, officers, directors, and employees shall have no liability of any kind arising from or in connection to the acceptance, possession or use of the prizes awarded herein, and acknowledge that said parties are not in any manner responsible or liable for any warranty, representation, or guarantee, expressed or implied, in fact or law, relative to any prize including but not limited to its quality, mechanical condition or fitness for a particular purpose.
10.4 The TAT and/or Organizer reserve the right, in their sole discretion, to disqualify any Participant that violates the Submission requirements, is found to be tampering with the Submission process or operation of the Competition, or to be acting in an unsportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person.
10.5 If, for any reason, this Competition is not capable of running as planned, the TAT and/or Organizer reserve the right, at their sole discretion, to close the Submission acceptance period at any time, cancel, terminate, modify or suspend this Competition or as otherwise deemed fair and equitable by TAT and/or Organizer. Notwithstanding any provisions to the contrary hereof, in no case shall the TAT and/or Organizer be liable for any indirect and consequential loss arising out of or attributable to this Competition.
10.6 Unless otherwise expressly provided herein, the laws of Thailand will govern any disputes arising out hereof and shall be resolved by jurisdiction of Thai court(s).
10.7 Condition of Participation:
• This Competition is subject to all applicable laws of Thailand.
• Participants hereby:
o agree that the TAT and/or Organizer shall have no liability whatsoever for, and shall be held harmless by Participants against any liability for any injuries, losses or damages of any kind to person(s), including death, or property resulting in whole or in part, directly or indirectly, as a result of participation in this Competition or any related activity;
o release the TAT’s advertising and promotional partners, fulfillment and/or judging agencies, retailers, franchises, agents and their estates and/or family members from all liability, claims, action, or proceedings relating to this Competition and from injuries or damages arising in connection with or relating to participation in this Competition; and
o permit the TAT and/or Organizer to use their blogs and assignment materials for promotional purposes for any advertising, trade and promotional purposes relating to the Competition, future versions of the Competition or any other TAT tourism campaign or promotion contest without further compensation, consideration, review or consent.
o waive any right to claim ambiguity in this Competition or the Official Rules.
• The TAT and/or Organizer reserve the right to modify the Official Rules for clarification purposes without materially affecting thereof and without prior notification. To void suspect Submissions and/or cancel, terminate or suspend any portion of this Competition should a virus, bug, non-authorized human intervention or other cause beyond the control of the TAT and/or Organizer that corrupts or impairs the administration or security of this Competition. The TAT and/or Organizer reserve the right to amend or vary the Official Rules at any time without prior notification.
• The TAT and/or Organizer reserve the right to terminate the accounts of any registered Participants in the Competition at any time for any reason, subject to the Official Rules herein.
• Non-compliance or breach of any of the Official Rules shall immediately disqualify the participant from the Competition and prohibit him or her from participating in any future contest organized or sponsored by the TAT and/or Organizer.
• The TAT and/or Organizer will not be held responsible for any lost, late, incomplete, illegible, damaged or misdirected Submissions, or for any human or technical errors, failures or malfunctions in the transmission or receipt of details submitted through the internet.
. By entering a Submission, Participants grant the TAT permission to share Participants’ email addresses and any other personally identifiable information with the corresponding Organizer and Sponsors solely for the purpose of Competition Administration. The TAT will not sell, rent, transfer or otherwise disclose Participants’ personal data to any third party other than the corresponding Organizer and Sponsors as described above herein.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL 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, THE TOURISM AUTHORITY OF THAILAND RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
This Competition is governed by the laws of Thailand and is subject to all applicable federal, state and local laws and regulations.
PRIZES TERMS & CONDITIONS
Winning Criteria and Prize Distribution (The Med Blog Contest Winners)
1. Submission period is from September 1, 2010 until October 31, 2010 11:59PM (GMT +7) and the blog visiting / best blog content selection period is from November 22, 2010 until January 31, 2011 11:59PM (GMT +7).
2. The Winners will be announced on or about February 7, 2011 on the website www.medblogcontest.com
. A personal e-mail declaring them the Winners will also be sent.
3. One of the Winners shall be the one whose eligible blog received the highest number of unique visitors, and the other shall be the finalist whose eligible blog was selected to have the best content. If the number of unique visitors is a tie, the period will be extended for an additional twenty-four (24) hours to identify the finalist winner.
4. In the event the successful Winners cannot be contacted at the e-mail address indicated on their application form or on informing the selected Winners they do not reconfirm within a given period of time, the TAT and/or Organizer reserve the right to award the prize to another Finalist.
5. Winners will have to attend an announcement ceremony and a press conference in Thailand on February 25, 2010 (tentatively). Prizes will be handed directly to the Winners on this day and therefore no shipping service from Organizer, Sponsor or TAT will be required.
6. The finalist contestants and web site users may not attempt to increase the number of unique visitors for any submitted blog through the use of any automated, deceptive, fraudulent or other invalid means (including but not limited to automated click-generating software, macro programs, or internet agents). If any of the Winners are discovered to have cheated or acted inappropriately, breaching the stipulated rules and regulations, and such discovery occurs either after or during the Competition period, the said Finalist will be disqualified from receiving their winning title and the prizes, and all such prizes will be awarded to the first runner-up Finalist.
Prize Distribution (to Winners)
Prizes will be distributed to the successful Winners who can be contacted at the e-mail address indicated on their application form and reconfirm the TAT and/or Organizer within a given period of time under the conditions as follows:
1. Prizes cannot be used in conjunction with any other promotion or offer. Prizes may not be transferred or assigned except by the sponsors.
2. Only listed prizes will be awarded and no substitutions or redemptions will be made, except by the Sponsor in its sole discretion due to prize unavailability for any reason and only then for a prize of equal or greater value.
3. The TAT will pay all shipping and handling fee (if any) required for delivery of prizes within Thailand. All shipping, handling or other costs for delivery abroad will be the responsibility of the Winners.
4. According to Thai law, the Winners may be charged 5% withholding tax of the total amount of the prizes that they are awarded.
5. Expenses not specifically stated above, together with the reporting and payment of all applicable taxes, fees, and/or surcharges, if any, arising out of, or resulting from acceptance or use of a prize, are the sole responsibility of the Winners of that prize.
6. The TAT and/or Organizer expressly disclaim any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the prizes awarded. Restrictions, conditions, and limitations apply. The TAT and/or Organizer and Sponsors will not replace any lost or stolen prize items.