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Rules for The Second Round Campaign to Soliclit Songs for Beijing Olympic Games

  Beijing Organizing Committee for the Games of the XXIX Olympiad ("BOCOG") plans, through the Office for the Second Round Campaign to Solicit Songs for Beijing 2008 Olympic Games (the "Olympic Songs Solicitation Office"), to launch the Second Round Campaign to Solicit Songs for Beijing 2008 Olympic Games (the "Campaign") to solicit songs world widely for the Games of the XXIX Olympiad (the "Beijing 2008 Olympic Games"). .

  The Campaign will begin in 2003 and end in 2007. The objective of the Campaign is to spread the Olympic spirit of "Citius, Altius, Fortius", to promote the theme of "Green Olympics, Hi-Tech Olympics and People's Olympics" and to carry forward the cultural background and humanism of China world widely. During the course of the Campaign, ten "Songs for the Beijing 2008 Olympic Games" (the "Selected Songs") will be selected every year for wide promotion. The official theme song for the opening ceremony of the 2008 Olympic Games will be chosen from the Selected Songs.

  The Olympic Songs Solicitation Office invites all people and entities, who are willing to abide by the relevant provisions in this Rules (The Rules mentioned herewith includes text and appendix of the Rules for the Second Round Campaign to Solicit Songs For Beijing 2008 Olympic Games ), and are enthusiastic about the Olympic Movement and concern about the Beijing 2008 Olympic Games, to participate in the Campaign, with an aim to express to the world the true meaning of "New Beijing, Great Olympics", and the development and harmonious co-existence of China's modernization and its traditional culture and civilization.

  I. Application of the Rules

  The Campaign will begin from December 1 , 2004 and end on April 25, 2005 (the "Campaign Period"). In case the musical work is presented by courier, the presenting date shall be the time when the musical work is delivered to the Olympic Songs Solicitation Office; in case the musical work is presented by mail, the presenting date shall be the arrival time to Beijing Municipality, the People¨s Republic of China, as indicated by the postmark. The Rules apply to all candidate Submission Work and Materials (see Section II for definition) that are delivered to the Olympic Songs Solicitation Office within the Campaign Period, pursuant to the Rules. The rules regarding the solicitation and selection of songs for Beijing 2008 Olympic Games of the subsequent years will be publicized separately.

  II. Participants

  Any individual, and company, enterprise, organization, institution or any other entity ("Entity") from any country (region), who is enthusiastic about the Olympic Movement and concerns about and supports the 2008 Olympic Games, is welcome to participate in the Campaign and to present, according to the Rules, to the Olympic Songs Solicitation Office the musical work created by such individual or Entity (the "Submission Work") and relevant materials stipulated in Clause 1 of Section III (the Submission Work and such materials are collectively called the ^Submission Work and Materials ̄). Such individuals and Entities, including each lyrist, composer, performer of a Submission Work and any other person contributing to the creation of the Submission Work and Materials, are collectively called the "Participants".

  III. Participation

  1. Presentation of the Submission Work

  The Submission Work shall be presented in both of the following manners:

  (a) One copy of audio media of the Submission Work (in the format of diskette, CD, CD-R, MD or DAT);

  (b) Thirteen copies of the opera of the Submission Work, among which, eleven copies shall not indicate the name (or designation) of the Participant. The aforesaid opera refers to the combination of the music score and the lyric. The music score should be presented in either numbered musical notation or staff. The lyric should be written beneath the corresponding note, without restriction on the language.

  2. Other Documents to be Presented

  Participants shall present the following documents in company with the Submission Work:

  (a) Brief introduction regarding the Participant (including the descriptions on the prizes awarded to the Participant previously, if any), written in Chinese or English;

  (b) One photocopy of the identification document of each Participant;

  (c) The Participation Form filled out and signed in accordance with the Rules (original), in either Chinese or English;

  (d) The Copyright Assignment Letter signed in Chinese or in English in accordance with the Rules (original).

  A Submission Work will be regarded as being disqualified for entering the Campaign, in case that one of the documents stipulated in Clause 2 (a), 2(b), 2(c) and 2(d) of Section III is not presented together with the Submission Work by the ending date of the Campaign Period.

  3. Address for Presentation

  Participants shall present the above-mentioned documents to the following address by courier or by mail service.

  Office for the Second Round Campaign to Solicit Songs for Beijing 2008 Olympic Games

  Beijing Music Radio

  No14 Jianguomenwai Avenue,

  Beijing 100022, China

  4. Obtaining Copies of the Participation Form and the Copyright Assignment Letter

  Participants may obtain a copy of the Rules, the Participation Form and the Copyright Assignment Letter through one of the following channels:

  (a) Downloading from the official website of BOCOG (www.beijing2008.com) or the website of Beijing Music Radio (FM974.tom.com);

  (b) Requesting from Beijing Music Radio at Youjiu Music Store, No. 14 Jianguomenwai Avenue, Beijing; or

  (c) Obtaining through other channels approved by the Olympic Songs Solicitation Office.

  Blank Participation Form and Copyright Assignment Letter may be photocopied.

  5. Identification Documents

  The Participant shall submit the following documents, which should be legitimate and valid, to identify the legal status or identification of the Participant:

  (a) For a natural person: Identification Card, Household Registration Book, Passport or other official document with equal authority;

  (b) For Entity: Registration documents or other official documents with equal authority.

  The Participant shall present the aforesaid identification documents in the form of photocopy. The Olympic Songs Solicitation Office has the right to verify the authenticity and accuracy of the photocopies of any such documents.

  IV. Requirements for Creating the Submission Work

  1. Requirements for Creating the Submission Work

  (a) All elements of the Submission Work should be original, have never been previously published in any form, have not been previously and publicly performed in any form, and are not in the public domain;

  (b) There is no other person making material contributions to the creation of the Participant¨s Submission Work and Materials, except for the Participant himself/herself/itself;

  (c) The Submission Work should fully reflect the Olympic spirit;

  (d) The Submission Work should reflect the unique cultural background and humanism of Beijing and China;

  (e) The Submission Work should reflect the theme of "New Beijing, Great Olympics";

  (f) The Submission Work should reflect the concept of "Green Olympics, Hi-Tech Olympics and People's Olympics" for the Beijing 2008 Olympic Games;

  (g) The Submission Work should reflect the characteristics of the times, has high artistic standard and is easy to be accepted and learned world widely;

  (h) The Submission Work, without restriction on language, style or form, should be melodious in music and in lyrics.

  2??Restrictions on the Creation of the Submission Work

  (a) The Submission Work shall not be the same as, or similar to, the national anthem of the People's Republic of China or any other country;

  (b) The Submission Work shall be apparently distinct from the official Olympic Anthem, the theme songs of any of the previous Olympic Games or any other major worldwide sport events;

  (c) The Submission Work shall not contain any elements in violation of the Constitutional Law of the People¨s Republic of China or any provisions of the laws or regulations of corresponding jurisdictions;

  (d) The Submission Work and all elements applied in creating the Submission Work shall not infringe on the copyright, trademark or other intellectual property rights or proprietary rights of any third party, or infringe on any other rights of any third party in any manner;

  (e) The Submission Work shall not contain any elements allegedly expressing ethical discrimination or religious discrimination, threatening the friendly relationship among countries, or otherwise in conflict with the public interest and common custom of any country.

  V. Prize

  The Participant who submitted a Selected Song will be awarded a certificate and a financial prize of RMB 10,000. The amount of such financial prize is a pretax amount. Such Participant shall pay taxes for the aforesaid prize being awarded, according to the law of relevant countries (including but not limited to the People's Republic of China) and regions.

  VI. Inquiry, Notification and Consultation

  The information regarding the Campaign and the progress thereof, and the information regarding the qualified candidate Submission Work and the Participants submitting such work, can be obtained through the following channels:

  (a) Internet

  The official website of BOCOG (www.beijing2008.com)

  The official website of Beijing Music Radio (www.FM974.tom.com)

  The information regarding the candidate Submission Work and relevant Participant will be publicized on the aforesaid websites within fifteen working days after the qualified candidate work is delivered to the Olympic Songs Solicitation Office.

  (b) Telephone or E-mail

  Contact: Wen Zuo

  Telephone /Facsimile: (8610) 65673761

  Email: aybmr@bmr.com.cn

  VII. Language

  The Rules, the Participation Form and the Copyright Assignment Letter are made in Chinese and have been translated into English. In the event of a discrepancy between the Chinese and the English language, the Chinese language shall prevail.

  VIII. Disputes and Miscellaneous

  In the event of any discrepancy between the Rules and any other documents regarding the Campaign which are publicized by any entity prior to the publication of the Rules, the Rules shall prevail.

  In the event of any ambiguity on any provisions of the Rules, the Participation Form or the Copyright Assignment Letter, BOCOG reserves the final interpretation right. Any other matters regarding the Campaign which are not addressed in the aforesaid documents, shall be subject to additional rules formulated by BOCOG and BOCOG¨s interpretations thereof .

  Office for the Second Round Campaign to Solicit Songs for Beijing 2008 Olympic Games

  November 30, 2004

  Appendix:

  Restriction for the Participants

  I. The Requirements for Filling out and Signing the Participation Form, The Copyright Assignment Letter and Other Contracts

  1. Filling out and Signing the Participation Form

  The Participant shall provide his/her/its identification information and the contents of the Submission Work in the Participation Form, and shall sign the Participant¨s name (or titile) under the form in the Participation Form, as such name (or titile) appears on the Participant¨s identification document.

  If/when a Participant has independently created (or has jointly created with another party) more than one piece of Submission Work, the Participant should fill out and sign one copy of the Participation Form for each of such Submission Work . If/when a Submission Work is a jointly-created product, each contributing Participant should fill out and sign one copy of the Participation Form for such Submission Work. In addition to the circumstances stipulated by the laws of the People¨s Republic of China, a Submission Work will also be deemed to be jointly created under the following circumstances: (a) a Submission Work consists of a part created by one person in written form and a part created by another person by performance, or (b) a Submission Work consists of a score composed by one person and lyrics composed by another person.

  If/when a Participant refuses to fill out or sign the Participation Form or fills out or sign the Participation Form in an inaccurate and/or incomplete manner in respect of the Submission Work that is independently created by the Participant or jointly created by the Participant with another party, such Submission Work will be deemed to be disqualified for entering the Campaign.

  2. Signing the Copyright Assignment Letter

  Each Participant shall sign the Copyright Assignment Letter for the Submission Work created by the Participant.

  If/when a Participant has independently created (or has jointly created with another party) more than one piece of Submission Work, the Participant shall fill out and sign one copy of the Copyright Assignment Letter for each of such Submission Work and Materials. If/when a Submission Work is a jointly-created product, all contributing Participants shall sign the same copy of the Copyright Assignment Letter for such Submission Work and Materials. In addition to the circumstances stipulated by the laws of the People¨s Republic of China, a Submission Work will also be deemed to be jointly created under the following circumstances: (a) a Submission Work consists of a part created by one person in written form and a part created by another person by performance, or (b) a Submission Work consists of a score composed by one person and lyrics composed by another person.

  If/when a Participant refuses to sign the Copyright Assignment Letter or signs the Copyright Assignment Letter in an inaccurate manner in respect of the Submission Work that is independently created by the Participant or jointly created by the Participant with another party, such Submission Work will be deemed to be disqualified for entering the the Campaign. In regard to a specific Submission Work and Materials, the information regarding the Participant that is provided by the Participant in the Participation Form and that in the Copyright Assignment Letter shall be consistent with each other. Any inconsistency between such information provided in the aforesaid documents may cause relevant Submission Work to be deemed as being disqualified for entering the Campaign.

  3. Execution of Other Contracts

  During the Campaign Period, the Participant shall, at BOCOG¨s request, take part in certain cultural activities as designated by BOCOG and execute any other contracts, in the form and substance acceptable to BOCOG. To the extent as necessary for executing any such contract, BOCOG will inform the Participant of such in writing. If the Participant is an Entity, upon BOCOG¨s request, the Participant shall also ensure that its employees and any other persons contributing to the creation of the Submission Work will execute such a contract.

  If the Participant does not execute, or cause relevant parties to execute any aforesaid contract pursuant to the stipulations of the preceding paragraph, the Participant will be deemed as having given up, free of will, the qualification of the Participant¨s Submission Work for entering the Campaign; under such circumstances, the commitments made by the Participant in the Copyright Assignment Letter regarding the assignment (license) of the copyright of the Submission Work and Materials and all relevant rights derived therefrom shall remain effective.

  4. Other Requirements for Filling out and Signing Relevant Documents

  The Participant shall have the necessary capacity for civil rights and capacity for civil conducts to fill out and sign all the documents stipulated in the Rules and to perform relevant obligations stipulated in such documents.

  Provided that the Participant is a natural person, if the Participant is a person having no capacity for civil conduct or with limited capacity for civil conduct, the Participant¨s Submission Work will be deemed as being disqualified for the Campaign, unless his/her statutory agent expresses consent and therefore signs all the documents stipulated in the Rules. According to the laws of the People¨s Republic of China, ^a person having no capacity for civil conduct ̄ refers to a person under the age of 10 or a mentally ill person who is unable to account for his own conduct; ^a person with limited capacity for civil conduct ̄ refers to a person who has reached the age of 10 but under the age of 18 or a mentally ill person who is unable to fully account for his own conduct. However, normally a person, who has reached the age of 16 but not the age of 18 and whose main source of income is his own labor, shall be regarded as a person with full capacity for civil conduct ̄.

  The Participants shall clearly sign in black or blue carbon ink the Participation Form, the Copyright Assignment Letter and other Contracts.

  II. Disposal of Relevant Documents and Materials and the Copyright Ownership

  1. All materials delivered to the Olympic Songs Solicitation Office, including the Submission Work and Materials, the Participation Forms, the Copyright Assignment Letters, identification documents and other relevant materials that are submitted pursuant to the Rules, will not be returned to the Participants.

  2. The Participant agrees, in accordance with the provisions of the Copyright Assignment Letter signed by the Participant, to assign the copyright of the Submission Work and Materials and all relevant rights derived therefrom that are owned by the Participant to BOCOG. Or, if any part of the aforesaid rights is non-assignable, the Participant will make due arrangements on such non-assignable rights pursuant to the Copyright Assignment Letter.

  However, according to the provisions of the Copyright Assignment Letter, the Participants has the right to withdraw the acknowledge of the copyright assignment and the permit matters under such letter.

  III. Matters Acknowledged and Guaranteed by the Participant

  1. The Participant agrees that, under the precondition that the Participants don¨t accord with the Copyright Assignment Letter to undertake the right of withdrawing the acknowledge of the copyright assignment and the permit matters entitled by him under such letter, neither the Participant nor any of the Participant¨s successors and assignees will exercise, or will enforce against BOCOG or any of BOCOG's licensees, successors and assignees, any rights (including, without limitation, any moral rights provided under applicable law) owned by the Participant in respect of the Submission Work and Materials.

  2. Unless being awarded a prize for the Submission Work and Materials as described in the Rules, the Participant will not be paid any compensation or remuneration in any form for creating the Submission Work and Materials, assigning (licensing) the relevant rights, or for BOCOG¨s use or utilization of the Submission Work and Materials, etc.

  3. The Participant acknowledges that the Submission Work, if selected as the official theme song for the opening ceremony of the Beijing 2008 Olympic Games, will be used as a significant musical theme of the Beijing 2008 Olympic Games and other related events (the "Games") of BOCOG, and will become an important element in communicating the unique image and spirit of the City of Beijing and the People's Republic of China and the ideals of the Olympic Movement as embodied by the Games. The Participant acknowledges and accepts the importance of protecting the long term interests of the Games and Olympic Movement.

  4. The Participant .has never taken any action and shall not take any action that might impair in any way any of BOCOG¨s rights in or to the Submission Work and Materials as set forth in the Rules and the Copyright Assignment Lettter. Upon BOCOG¨s request, the Participant shall promptly take all actions that BOCOG may reasonably request (including executing and delivering additional documents) to evidence and give effect to BOCOG¨s ownership of the rights to the Submission Work and Materials (including copyright, proprietary rights and other related rights).

  5. BOCOG will be entitled to use the Submission Work and Materials as contemplated in the Rules and the Copyright Assignment Letter free of charge and without any license or approval from, or payment to, the Participant or any third party. Nonetheless, BOCOG will have no obligation to use or utilize any Submission Work or Materials.

  6. The cultural activities by the Participant in respect of the fact that the Submission Work and Materials has been submitted in the Campaign, shall be conducted in such a manner as BOCOG has approved.

  7. The Participant agrees that, unless as otherwise provided in the Rules, none of BOCOG, the International Olympic Committee, Beijing Municipality, or any of their officials, officers, employees, consultants, agents, representatives or volunteers will incur any financial responsibility or liability of any kind or nature in connection with or arising out of the Rules, the Copyright Assignment Letter, the Submission Work and Materials or the Campaign. BOCOG and all such persons and entities are referred to in the Rules as the "Released Parties". Provided that the Participant has claims, demands, action, suits or legal proceedings against any Released Party, to the extent any cause of such action arises from or is in connection with the Rules, the Copyright Assignment Letter, the Submission Work and Materials or the Campaign, the Participant hereby irrevocably covenants to refrain from bringing or causing to be brought, any claims, demands, action, suits or other legal proceedings.

  8. The Participant will indemnify, defend and hold harmless the Released Parties from and against any and all claims of third parties arising or resulting from, in connection with or related in any way, directly or indirectly, to the Submission Work and Materials or any breach or alleged breach by the Participant, or any party acting on the Participant's behalf or under the Participant's direction, of any of the Participant's covenants, representations and warranties in the Rules and the Copyright Assignment Letter; provided, however, that the Participant will not have any right, without BOCOG's written consent, to settle or compromise any such claim.

  IV. Confirmation of BOCOG

  BOCOG confirmes that, according to the provisions of the Copyright Assignment Letter, the Participants have the right to withdraw the acknowledge of copyright assignment and the permit matters under such letter if the Submission Work is not selected as the Candidate Submission Work.

  

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