The Event, (“Kerala Blog Express”) is organized by the Department of Tourism, Government of Kerala, (“Kerala Tourism”) Park View, Thiruvananthapuram, India and is being executed by the Marketing and Communication Agency of Kerala Tourism, M/s Stark Communications Pvt. Ltd (the “Consultant”‘), Jawahar Nagar, Kaudiar, Thiruvananthapuram, India.By participating in the application procedure you accept these conditions of participation. You are in these conditions referred to as “you”, “applicant”, “nominee” and “participant”.
Kerala Tourism will at its sole discretion decide which nominations will be selected as participants in the Kerala Blog Express event.
Kerala Tourism will pay 70% of the total airfare or 1000 USD, whichever is less, towards the participant’s trip to the event, which will be reimbursed by Kerala Tourism at the end of the road trip and provide the participant with the accommodation, transport within the State of Kerala needed for the event. Any private taxes or expenses due because of the participant’s participation in Kerala Blog Express shall be paid by the participant.
The participant consents and irrevocably assigns to Kerala Tourism and Kerala Tourism’s successors and assigns any rights, in perpetuity, throughout the universe, to exploit, in whole or in part, any and all information and documentation, such as photographs, film footage, interviews and performance data, that is produced in connection with his/her participation (the “Material”), by making copies of the Material and the result and by making them available to the public, be it in the original or an altered manner, in translation or adaptation, in another literary or artistic form, or in another technical manner, without the participant having any right to payment. Accordingly, Kerala Tourism may use the participant’s name and picture when using the Material and the result of the participant’s participation. Entrants further agree that Kerala Tourism may add its logo to their works. Entrants do not waive their intellectual or moral property rights by entering the event, and will, therefore, retain the right to be identified as the author/creator of their entries. Entrants agree that personal data submitted for the contest, including name, and all contact details may be collected, processed, stored, and otherwise used by Kerala Tourism, or its Consultants for the purposes of conducting and administering the Contest or for the marketing or promotional activities of Kerala Tourism.
The participant declares his/her willingness to actively participate in Kerala Blog Express and the preparations before the event, during the event itself, and following parts after the event. The participant accepts to comply with Kerala Tourism’s rules, instructions and guidelines during the event. Kerala Tourism reserves the right to dismiss the participant with immediate effect, if the participant does not comply with such rules, instructions and guidelines. The participant will not receive any compensation for his/her participation in Kerala Blog Express, except for any compensation that has been explicitly agreed in writing in advance between the parties.
The participant guarantees that he/she is entitled to any and all rights to the documentation (in particular but not limited to images, videos, and texts) that the participant posts on social media sites and that no third-party rights are infringed. In addition, the participant will exempt and hold Kerala Tourism harmless from any and all third-party claims asserted against Kerala Tourism based on the participant’s documentation. The participant transfers to Kerala Tourism any and all rights to such documentation, free of charge, exclusively and unlimited in terms of time, place and content.
Participants must be at least 18 years old. Any and all personal details provided must be true and accurate. Kerala Tourism shall not be liable for health risks associated with the participant’s participation in Kerala Blog Express. Each participant is obliged to judge for him/herself whether or not the state of his/her health is adequate for participation in Kerala Blog Express, if necessary, after having consulted a medical doctor.
NON-LIABILITY CLAUSE: The participant shall be solely responsible for his/her decision as to whether or not he/she should participate in Kerala Blog Express. Notwithstanding anything contained in these conditions to the contrary Kerala Tourism shall not be liable, including but not limited to negligence or otherwise, for any direct, indirect, special, consequential damages or personal damages or losses whatsoever, such as but not limited to loss of revenue, loss of use and costs of capital. Kerala Tourism is entitled to make changes to the implementation of Kerala Blog Express, and even at its sole discretion postpone and/or cancel the event. In such circumstances, Kerala Tourism shall not be liable to the participant for damages, costs, or expenses. A liability of Kerala Tourism, on whatever legal grounds, for material damage and financial loss of any kind and their consequences which the participant incurs during or in connection with his/her participation in Kerala Blog Express as a result of the conduct of Kerala Tourism, its representatives, vicarious agents or authorized persons, shall, in the case of an infringement of obligations which are not essential/material contractual obligations be limited to damages which were caused by an intentional or grossly negligent act. Kerala Tourism and its Consultant are not responsible for any malfunction of the event website or the server hosting the site or malfunction/failure of telecommunication transmission, network connectivity, or hardware/software failures of any kind.
Trade secrets of Kerala Tourism which are communicated or made known in some other way, may not be utilized or communicated to other persons, also not after the termination of the contractual relationship. However, the existence of a business relationship between the participant and Kerala Tourism may be made public.
All national, state and local laws and regulations within the boundary of the Republic of India will be applicable. The Secretary, Department of Tourism, Government of Kerala will be the final authority to decide and/or settle any dispute of whatsoever nature arising out of or connected to this event and the decision of the Secretary will be final and non-appealable in all such matters.
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