DISCLAIMER, TERMS AND CONDITIONS

TERA-Award (the “Award”) is organized by The Hong Kong and China Gas Company Limited (the “Organiser”).

Please read these Terms carefully before participating in this Award.

i.

(a)

By participating in this Award, you are deemed to have accepted and bound by these Terms. If you do not accept these Terms in part or in whole, please do not participate in this Award.

(b)

Submissions to this Award (“Entries” or individually a “Entry”). The Entry must be an original and novel design created and owned by the applicant. In addition, the Entry should be practical.

(c)

The applicant by submitting this application declares and represents that the substances of his/her submission, to the extent that they are identified as an original and novel piece of work, are work solely of his/her own, personal, intellectual effort.

(d)

For the purpose of these Terms, “intellectual property rights” means all intellectual property rights, whether registered, unregistered or capable of registration, now known or hereinafter derived, conceived, invented or created worldwide. Entries may not contain any elements that violate any third party’s intellectual property rights.

(e)

Applicants shall bear full legal and other responsibilities arising from any possible breach of any intellectual property rights and shall indemnify the Organiser against any claims, losses, damages, costs, expenses and liabilities arising from any such breach.

(f)

All Entries will be subject to these Terms including those that will be imposed by the panel of judges appointed by the Organiser (“Panel of Judges”) and the Organiser as deemed necessary.

(g)

Applicants shall indemnify, defend and hold harmless the Organiser and, if any, the co-organisers, sponsors, co-sponsors, the strategic partners of the Award, their respective employees, consultants, contractors and agents from and against any and all losses, damage, liability and costs of every nature incurred by any of them (including but not limited to litigation costs and legal fees) in connection with any claims, damages or losses related to applicants’ own personal information and Entries, or applicants’ breach of these Terms. Applicants agree to cooperate fully in the defense of any of the foregoing. The Organiser reserves the right, at its own expense, to control exclusively the defense of any matter otherwise subject to indemnification by applicants and applicants will not settle any matter without the Organiser’s prior written consent.

ii

Shortlisted applicants shall be requested to attend an interview with the Panel of Judges and/or the Organiser and the invited persons of the Organiser to present the Entry.

iii

No award may be granted if no Entry is deemed appropriate at the sole discretion of the Organiser.

iv

If, after an award is bestowed, any fact supplied in the respective application is discovered to be fraudulent or untrue, or the awardee is proven to be associated with a fraudulent or dishonourable act, the Organiser reserves the right to withdraw the award and re-award to another applicant in the sole discretion of the Organiser. Any award, prize and/or money that have been received by the awardee must be returned to the Organiser immediately.

v

The Organiser reserves the right to reject or disqualify any Entry and to make or withhold any award from any entry without any explanation.

vi

The decision of the Orgainser will be absolutely final and binding on all matters in relation to the Award, the process or the definitions, interpretations of these Terms, voting or any other related issues and binding on all applicants and no discussion or correspondence relating to any of its decision will be entered into.

vii

The Organiser has the right to suspend or terminate (in whole or in part) any applicant’s participation in the Award, at any time at its sole discretion with or without case.

viii

The Organiser has the right to amend, suspend or cancel the Award (in whole or in part) at its sole discretion with or without cause at any time the Organiser thinks appropriate and reserves the rights in its discretion to change any rules of the Award, with no liability to any person including but not limited to the applicants .

ix

All costs and expenses (including but not limited to the travelling fee and the costs of presentation) incurred by an applicant in relation to Entry and/or his/her participation in the Award shall be borne solely by the applicant.

x

All Entries remain the property of the respective applicants. It is the responsibility of the applicant to protect his/her own registrable intellectual property rights. The Organiser will not be liable for the loss of any intellectual property rights by the applicant as the result of the disclosure of the applicant’s design or work by the Organiser and/or, where relevant, co-organisers, sponsors, co-sponsors, the strategic partners of the Award, their respective employees, consultants, contractors and Panel of Judges.

xi

The Organiser, the co-organisers, the sponsors, the co-sponsors and the strategic partners of the Award shall, whether collectively or individually (subject to their own arrangements and decisions), have the right of first refusal and/or the right of first offer to acquire, purchase, fund and/or invest in, whether by means of monies, application scenarios, opportunities, resources or any other means, in whole or in part all and any of the Entries from respective applicants. For the avoidance of doubt, in no circumstances the Organiser, the co-organisers, the sponsors, the co-sponsors or the strategic partners of the Award are under any obligation to acquire, purchase, fund and/or invest in any Entries, including the entries that are granted the award.

xii

Any and all Entries, in part or in whole (in any format whatsoever) are not confidential and may be disseminated and disclosed by the Organizer for the purposes of administering, organizing, providing, hosting, fulfilling, promoting, marketing, advertising and/or showcasing the Award. Such data, material or information may therefore become known to the public.

xiii

Publication or other release, announcement, dissemination of information or details in regards to any Entry is for informational purposes only and is not intended to be relied on in any way by any third party to be an endorsement, warranty, guarantee, or recommendation by the Organiser of any Entry or any applicant(s) who submitted such Entry to the Award.

xiv

None of the information, details, documents and materials submitted with or as part of the Entry (including all supporting and materials for display or demonstration) will be returned. The Organiser will retain or destroy all such information, details, documents and materials at its sole discretion.

xv

The Organiser has the right to require the applicants to participate in publicity events in relation to the Award and the applicants shall not unreasonably refuse to participate in same.

xvi

These Terms are subject to change by the Organiser when necessary. The Organiser reserves the right to amend these Terms of the Award without prior announcement.

xvii

Applicants shall read carefully and agree to the Organiser’s Personal Information Collection Statement, on how the Orgainser may use their personal data, by participating in this Award, applicants are deemed to have accepted the Orgainser’s Personal Information Collection Statement.

xviii

To the fullest extent permitted by applicable laws, the Organiser expressly disclaims and makes no representation as to all warranties and conditions of any kind in respect of the Award, whether express or implied.

xix

To the fullest extent permitted by applicable laws, the Organiser shall not be liable to you in contract, tort (including negligence), breach of statutory duty or otherwise for any loss, damages, costs or expenses whatsoever (including whether general, special, indirect, direct, nominal, punitive, incidental or consequential), including loss of profit; loss of revenue; loss of time; loss of anticipated savings; loss of opportunity; loss or corruption of data; loss of use; loss of business; wasted expenditure; loss of or damage to physical property; business interruption; loss of or damage to goodwill, which may arise in relation to the Award, whether or not the Organiser were advised in advance of the possibility of such loss.

xx

The Organiser may from time to time update these Terms and the Personal Information Collection Statement by posting on the TERA-Award’s website with or without cause and notice, and with no liability to any person including but not limited to the applicants. Amended versions of these Terms and the Personal Information Collection Statement will take effect on the date specified for the amended version. Applicants shall regularly check the TERA-Award’s website for updates and applicants’ continued participation in the Award constitutes the acceptance of the updated Terms and Personal Information Collection Statement.

xxi

Submission of an Entry constitutes agreement with these Terms. Failure to comply with any part of these Terms may result in the disqualification of applicant(s) and any related Entry and, in such event, any awards granted must be returned to the Organiser. The Organiser shall be subject to all applicable laws and regulations and is void where prohibited.

xxii

To the extent permitted by applicable law, the Organiser and applicants hereby waive any provision of law that would render any clause of these Terms invalid or otherwise unenforceable in any respect. In the event that a provision of these Terms is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of these Terms will continue in full force and effect.

xxiii

The Organiser reserve the right to assign or transfer part or all of its interests, rights, and obligations under these Terms to one or more affiliate companies of its. The Organiser will notify applicants should such transfer or assignment occurs.

xxiv

These Terms are governed by the laws of Hong Kong Special Administrative Region and you agree that any dispute shall be subject to the exclusive jurisdiction of the courts of Hong Kong Special Administrative Region. The Award may be restricted in certain jurisdictions by law, it is the applicant responsibility to find out what those restrictions are and to observe them.

xxv

If there is any inconsistency between the Chinese and English versions of this Disclaimer, Terms and Conditions, the English version shall prevail.

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