Public offer agreement for the organization of the International online competition «GOLDEN TIME TALENT»
The document, the provisions of which are set out below, is a public offer and a public contract. The terms of the public offer and the public contract are the same for all Customers. Payment of the full amount of the Competition fee to the Organizer’s account, either by direct payment or through online payment services, which the Organizer has the right to independently choose and change, constitutes acceptance of this offer, which is equivalent to concluding a contract on the terms set out below.
The Regulations on the International Online Competition “GOLDEN TIME TALENT” and the Privacy Policy are integral parts of this Agreement.
This public offer is addressed to all individuals and legal entities wishing to use the service.
GOLDEN TIME TALENT LTD, registered at: United Kingdom, Hornchurch, High street, RM11 1TX, 127A, represented by Director Inesa Bila (hereinafter referred to as the Organizer) on the one hand, offers (public offer) to an individual and/or legal entity (hereinafter referred to as the Participant), hereinafter collectively referred to as the Parties, and each separately as the Party, to conclude a public contract for the provision of services for the organization of the International Online Competition “GOLDEN TIME TALENT” (hereinafter referred to as the Agreement) on the following terms:
1. Terms and Definitions Used in the Agreement
1.1. Public Offer – an offer by the Organizer (set out on the Organizer’s website), addressed to an unlimited number of subjects of information disclosure, to conclude this Agreement on certain terms.
1.2. Acceptance – full, unconditional, and unreserved acceptance by the Participant of the terms of the Public Offer of this Agreement.
1.3. Organizer – GOLDEN TIME TALENT LTD, registered at: United Kingdom, Hornchurch, High street, RM11 1TX, 127A.
1.4. Participant – an individual or legal entity that has the necessary legal capacity, has accepted the offer, and thus becomes the customer of the Organizer’s services under this Agreement.
1.5. Services – a set of services defined by this Agreement, as well as the Regulations on the International Online Competition “GOLDEN TIME TALENT” (hereinafter referred to as the Regulations).
1.6. Competition Fee – the cost of the Participant’s participation in one competition program.
1.7. Jury – cultural and art figures from around the world, composers, teachers, media representatives, show business representatives, appointed by the Organizer of the competition, who evaluate the works of the Participants and determine the winners based on the results. The number and composition of the jury may be changed by the Organizer without notice.
1.8. Winner – a Participant of the Competition who has won the Grand Prix.
1.9. Prize Winner – a Participant of the Competition who has taken 1st (first), 2nd (second), or 3rd (third) place in the Competition.
1.10. Video – an audiovisual recording made by the Participant using any recording device that meets the requirements of this Agreement and the Regulations.
1.11. Competition – the International Online Competition “GOLDEN TIME TALENT”.
1.12. Website – a software and hardware complex where all official documents of the Competition are posted, as well as documents through which participants of the Competition are informed about the progress of the Competition and its results on the Internet, having the address: https://golden-time.uk.com.
1.13. Application – the intention of the Participant to use the services of the Organizer, expressed in filling out and sending an electronic request in the prescribed form on the Organizer’s website.
1.14. Souvenir Products – diplomas, statuettes, medals, extracts from the register, etc., which can be purchased by the Participant of the Competition on the Website.
2. Subject of the Agreement
2.1. The provision of Services under this Agreement is carried out within the framework of the Participant’s participation in the Competition, the conditions of which are provided for by this Agreement and the Regulations.
2.2. In accordance with the terms of this Agreement, the Organizer undertakes to provide the Participant with services for organizing the Competition and their participation in it. The Participant undertakes to accept the requested services and pay for them.
2.3. The cost and detailed description of the Services are sent to the Participant after filling out the Application. The Regulations are published on the Organizer’s website and are annexes to this Agreement. The cost of services under this agreement is included in the cost of participation in the Competition.
3. Acceptance and Payment of Services
3.1. The Agreement is concluded between the Organizer and the Participant in the form of a public contract.
3.2. Acceptance of the terms of the Agreement is the Participant’s action of making a prepayment or full payment of the Competition fee to the Organizer’s account, either by direct payment or through online payment services, which the Organizer has the right to independently choose and change.
3.3. The amount of the Competition fee is determined in accordance with the tariffs sent to the Participant after filling out the Application.
3.4. Each Participant of the Competition has the right to purchase Souvenir Products, which are posted on the Website, for an additional fee.
3.5. The Organizer has the right to unilaterally fully or partially change (increase, decrease), establish new, cancel existing Competition fees. In this case, the specified changes come into force from the day of publication of these changes on the Organizer’s Website, unless otherwise provided by the Organizer.
3.6. Participation in the Competition is possible only if 100% of the Competition fee is paid, which must be made no later than the last day of application submission, which is published on the Website.
3.7. The Participant has the right to pay a prepayment of 30% of the Competition fee. In this case, the remaining amount of the Competition fee of 70% must be paid by the Participant no later than the last day of application submission, which is published on the Website.
3.8. By accepting this Agreement, the Participant guarantees that they are familiar with, agree to, fully and unconditionally accept all the terms of the Agreement, the Regulations, and the Privacy Policy as they are set out.
3.9. This Agreement does not require the affixing of seals and/or signatures by the Parties, while retaining full legal force.
4. Terms, Procedure, and Deadlines for the Provision of Services
4.1. The services specified in clause 2 of this Agreement are provided to the Participant remotely under the conditions established by the Agreement.
4.2. When intending to use the services of the Organizer, the Participant fills out and sends an Application on the Organizer’s Website, indicating accurate personal data.
4.3. The Participant begins to receive the services provided by the Organizer after making a prepayment or full payment of the Competition fee.
4.4. The services are considered to be provided properly and in full under the Agreement from the moment the results of the Competition, in which the Participant takes part, are announced. And in the case of ordering souvenir products – from the moment the Participant receives the corresponding souvenir.
4.5. The Parties acknowledge that documents sent via email or other electronic means of communication have legal force equivalent to documents in regular paper document flow.
4.6. The deadlines for submitting Applications for participation in the Competition, paying the Competition fee, and holding the Competition (service provision deadlines) are determined by the Organizer depending on the number of Participants.
4.7. If the Participant does not provide the Competition work and does not complete the full registration form, which is contained on the Website or sent by the Organizer, or does not terminate the Agreement in the manner and within the deadlines specified in this Agreement, this Participant will be disqualified without a refund of the Competition fee.
4.8. The Competition is considered held from the moment the jury members determine the winner and prize winners.
4.9. The Organizer has the right to use video, photo, and audio materials provided by the Participant for marketing purposes without transferring ownership rights to the work.
4.10. Each Participant agrees that participation in the Competition is voluntary, and the Organizer of the competition is not responsible for the content of the author’s materials and cannot guarantee or promise any specific results from participation in the Competition and/or use of the Competition Website and/or its services.
4.11. The Organizer has the right to request any Participant to provide an identity document, other documents, and information necessary for compliance with the law and/or for the organization and conduct of the Competition.
4.12. Participants are not allowed to publish personal data (phone number, residential address, etc.) of themselves or third parties in open access.
4.13. The Participant undertakes not to violate the copyright of third parties. For violating the established order of participation in the Competition, which is established by the Agreement, or non-compliance with applicable law, the Participant’s work may be removed from the Competition without providing supporting documents, as well as at any stage of participation in the Competition.
5. Rights and Obligations of the Parties
5.1. Rights of the Organizer:
5.1.1. Not to accept as confirmation of payment of the Competition fee a copy of the document containing errors made by the Participant or another person when specifying the payment and other details of the Organizer.
5.1.2. To process in any way for the purpose of fulfilling the Agreement any personal data of the Participant provided by the Participant personally or through third parties;
5.1.3. The Participant grants the Organizer exclusive rights to create, own, use, and dispose of audio, video, and photo materials that will be created regarding the Participant during the Competition, in all countries of the world, for the entire term of copyright protection, which begins to be calculated from the moment the Parties sign this Agreement.
5.2. Rights of the Participant:
5.2.1. To receive notification of the processing status of their Application for participation in the Competition;
5.2.2. To unilaterally refuse to perform the Agreement by notifying the Organizer of the competition in the manner provided for by this Agreement.
5.3. Obligations of the Organizer:
5.3.1. To notify the Participant of changes to the Agreement by posting such a message on the Website;
5.3.2. To take measures to prevent unauthorized access by other persons to information about the Participant’s personal data, other than that published in open form on the Organizer’s Website.
5.4. Obligations of the Participant:
5.4.1. To provide the Organizer with accurate and up-to-date contact information;
5.4.2. To promptly inform the Organizer of changes in personal data, details, and data in documents submitted for the Competition, data for sending notifications;
5.4.3. To provide the Organizer with information and documents required by the Organizer within the framework of fulfilling the Agreement;
5.5. The Participant grants the Organizer of the competition consent to process any personal data in any way for the purpose of fulfilling the Agreement, provided by the Participant personally or through third parties during the conclusion or during the term of the Agreement. If, during the fulfillment of the Agreement, the Participant provides the Organizer of the competition with personal data of third parties, the Participant guarantees the legality of their receipt and the presence of consent from the subjects of these personal data for their provision, and also assumes responsibility for the legality of the provision and the accuracy of the specified data.
5.6. The Participant agrees that all personal data provided by them to the Organizer, except for contact information in the form of a phone number, residential/registration address, passport data, may be openly published on the Organizer’s Website and in other media.
5.7. The Parties confirm that each Party to this Agreement declares and guarantees that it has all the rights and powers necessary to conclude this Agreement and fully fulfill its obligations under it, and that the conclusion and/or fulfillment of obligations under the Agreement will not violate the terms of any other obligations of this Party to third parties.
6. Amendment and Termination of the Agreement, Conditions for Refund of the Competition Fee
6.1. The Parties agreed that the Organizer has the right to unilaterally amend the terms of the Agreement without prior agreement with the Participant. Changes made by the Organizer of the competition become binding on the Parties from the moment they are posted on the Website.
6.2. In case of disagreement with the changes to the terms of the Agreement, the Participant has the right within three calendar days from the moment the new edition of the Agreement is posted on the Organizer’s Website to unilaterally refuse to perform the Agreement by sending a signed statement to the Organizer by email. If the Organizer does not receive a written notification from the Participant about the unilateral refusal to perform the Agreement within the period specified in this clause, the Participant is considered to have agreed to the changes to the terms of the Agreement.
6.3. The Participant has the right to terminate the Agreement unilaterally by sending the corresponding notification to the Organizer of the competition by email. In this case, the Agreement is considered terminated ten calendar days after the Organizer of the competition receives the corresponding notification.
6.4. The Organizer of the competition has the right to unilaterally terminate the Agreement in the following cases:
6.4.1. In case of non-submission by the Participant of the competition work in electronic form in the manner and within the deadlines established by the Agreement, submission of it in a format not agreed with the organizers of the competition, submission of incorrect accompanying data or details, or violation of the payment deadlines for the Competition fee;
6.4.2. In case of violation of the rules of participation in the Competition, set out in the Agreement and the Regulations, showing disrespect to the Jury of the Competition.
6.5. The Organizer notifies the Participant of the unilateral termination of the Agreement by sending them the corresponding message by any of the provided contact details. In this case, the Agreement is considered terminated ten calendar days after the corresponding notification is sent.
6.6. The Competition fee paid by the Participant may be refunded if:
6.6.1. The competition work does not pass the preliminary selection for participation in the Competition.
6.6.2. The Participant declared their unwillingness to participate in the Competition and terminated the Agreement before the Organizer published their competition work on the official page of the Competition on YouTube. Such a statement must be signed and sent to the official email address of the Organizer;
6.7. A Participant who declared their unwillingness to participate in the Competition and terminated the Agreement after the Organizer published their competition work on the official page of the Competition on YouTube has the right to a refund of 50% of the paid Competition fee. Such a statement must be signed and sent to the official email address of the Organizer.
6.8. In all other cases, the Competition fee paid by the Participant is non-refundable.
7. Liability of the Parties
7.1. In case of violation of their obligations under this Offer, the Parties are liable as determined by this Offer and applicable law.
7.2. The Organizer of the competition is not responsible:
7.2.1. For failures in the operation of third-party services, mail, the Internet, communication networks that occurred for reasons beyond the control of the Organizer and resulted in the untimely receipt or non-receipt by the Participant of messages from the Organizer;
7.2.2. In case of technical failures (power outages and communication networks, software failures of the processing center, and technical failures in payment systems), resulting in the Organizer’s failure to fulfill the terms of the Agreement;
7.2.3. For losses incurred as a result of incorrect filling out by the Participant of orders for the payment of the Competition fee;
7.2.4. For losses incurred as a result of the Participant’s violation of the established procedure for depositing funds to pay the Competition fee;
7.2.5. For losses incurred as a result of providing the Participant with inaccurate, incorrect, erroneous data for sending messages;
7.2.6. For losses incurred as a result of providing the Participant with inaccurate identification data.
8. Force Majeure
8.1. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if such failure was the result of force majeure circumstances (force majeure) that arose after the conclusion of the Agreement as a result of extraordinary events that the Parties could not foresee and prevent by reasonable measures.
8.2. Force majeure circumstances (force majeure) include events that the Parties cannot influence and for the occurrence of which they are not responsible, including but not limited to: war, uprising, strikes, earthquakes, floods, fires, epidemics, blockades, actions and decisions of state authorities and management, changes in legislation affecting the fulfillment of obligations under the Agreement, and other unforeseen circumstances, including power outages, failures in computer networks, etc.
8.3. The Party for which it became impossible to fulfill obligations under the Agreement due to force majeure circumstances is obliged to notify the other Party of the occurrence of such circumstances within 10 (ten) calendar days from the moment they occur and provide supporting documents issued by competent authorities.
8.4. In the event of force majeure circumstances, the term for fulfilling obligations under the Agreement is postponed proportionally to the time during which such circumstances and their consequences were in effect.
9. Miscellaneous
9.1. All disputes and disagreements arising between the Parties on issues related to the fulfillment of this Agreement are resolved through negotiations.
9.2. If it is impossible to resolve disputes and disagreements through negotiations, they are subject to consideration in court in accordance with applicable law.
9.3. This Agreement comes into force from the moment of its acceptance by the Participant and is valid until the Parties fully fulfill their obligations.
9.4. All changes and additions to this Agreement are valid provided they are made in writing and signed by authorized representatives of the Parties.
9.5. The Participant confirms that all the terms of this Agreement are clear to them, and they accept them unconditionally and in full.
10. Contact Details of the Organizer
GOLDEN TIME TALENT LTD
Address: United Kingdom, Hornchurch, High street, RM11 1TX, 127A
E-mail: in@golden-time.uk.com
Phone: +44 7884 726426
