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Rules of the Mascot Design Competition for the Beijing 2008 Olympic Games and the Beijing 2008 Paralympic Games

  1. Qualifications of Participants

  1.1 The Mascot Design Competition (hereinafter referred to as "Design Competition") for the Beijing Olympics and the Beijing Paralympics is open to worldwide professional design organizations and individuals. All professional design organizations, consulting firms, advertising agencies and individual professionals engaged in design, imaging strategies, brand development, cartoon and animation design or having experience in mascot design are welcome to participate in the Design Competition.

  All professional design organizations and individuals who have received the "Invitation to the Mascot Design Competition for the Beijing 2008 Olympic Games and the Beijing 2008 Paralympic Games" (hereinafter referred to as "Invitation ̄) and who have submitted design proposals pursuant to the requirements of this invitation are qualified to participate in the Design Competition.

  Any organization or individual who is qualified but has not received the Invitation, may download the "Invitation ̄ and the "Rules" from BOCOG¨s official website (www.beijing-2008.org).

  1.2 All professional design organizations and/or individuals who have received this Invitation and submitted design proposals pursuant to the requirements of this Invitation may be participants in the competition.

  1.3 The following organizations and/or individuals shall not participate in the Design Competition in any way (including participating as an individual, as a member of a legal entity or otherwise as a component of a group):

  (1) Those who hold a post or formerly held a post in BOCOG up to the deadline for the submission of the works for the Design Competition.

  (2) Members and employees of the IOC and IPC within 36 months prior to the deadline for the submission of the works for the Design Competition.

  (3) Members of the Selection Panel for the Mascot Design Competition for the Beijing Olympics and the Beijing Paralympics (hereinafter referred to as ^Panel ̄).

  (4) Any other design organizations and/or individuals that may be related to the above persons in terms of material interest.

  1.4 BOCOG is entitled to review participants¨ qualifications. If a participant is unqualified for the Design Competition in accordance with the Rules or a participant has made any false statement in terms of his or her qualifications to participate, BOCOG has the right to unilaterally cancel such participant¨s participation qualification at any stage of the Design Competition.

  2. Requirements

  2.1 Each participant may submit only one design proposal. Any participant submitting more than one design proposal shall be deemed to have automatically waived his/her qualification to participate and all the design proposals submitted thereby will not be evaluated, being deemed unqualified. Based on the evaluation of the Panel, BOCOG will select the works entering the final round of competition, and finally decide on the Mascot for Beijing Olympics and the Mascot for Beijing Paralympics.

  2.2 A design proposal should consist of the following:

  (1) One core design proposal for the mascot: such design proposal shall be composed of one or a group of (two or more than two) cartoon images.

  (2) Based on such core design proposal, the participant shall submit extended application designs where the mascot engages in the following five Olympic sports, namely, equestrian, swimming, running, cycling and rhythmic gymnastics. The participant may, if they wish to do so, include more designs displaying the mascot engaging in more Olympic sports than the ones mentioned above.

  (3) The participant shall give a name to every proposal mascot.

  (4) The participant shall explain the creative rationale and the concept for the design.

  (5) The participant shall present a story about the proposed mascot (the plot of the story may be invented) to explain and introduce experiences, characteristics (such as bravery, persistence, optimism, humor) and other character traits of the proposed mascot.

  (6) The participant shall submit extended graphic and 3D mascot designs and complete two extended designs for large and small scale applications (e.g., huge banners, posters, pins and toys in large and small sizes).

  (7) Video materials depicting the proposed mascot: the participant may submit an animation or video that exhibits and introduces the proposed mascot (with such submission to be at the discretion of the participant).

  2.3 The submitted design proposals must comply with the following specifications:

  (1) The participant shall present a complete mascot design set (including the core design proposal and the extended application designs) including design works in full color version and in black and white version.

  (2) The core design proposal and the extended application designs shall be separately printed or drawn on A4 paper, mounted on black cardboard with a 1 cm wide black edge preserved around such board. The mascot design proposal may be in either vertical or horizontal format.

  (3) If the mascot design proposal is comprised of a group of cartoon images (two or more than two), such design proposal (a group of cartoon images) must also be printed or executed on one piece of A4 paper.

  (4) The participant may display the emblem of the Beijing Olympics or the emblem of the Beijing Paralympics on the designed mascot, preferably at the most visible area of the mascot, such as the chest.

  3. Documents Required for Participation in the Design Competition

  3.1 An Entry Form that has been fully filled in must be submitted together with any design works as shown in Annex 1 hereto. Such Entry Form shall include the following information:

  (1) Name or company name and contact details of the participant. In the event that the participant is a group, the name (company name), address, telephone number, fax number and E-mail address of each of its members shall be clearly listed.

  (2) Information regarding the participant¨s contact person.

  (3) Name(s) and professional title(s) of the creator(s) of the mascot.

  (4) Creative rationale - this part must explain the mascot design and clarify why such design complies with the selection criteria set forth in Clause 6 herein.

  3.2 A signed Commitment Letter on Participants¨ Qualification must be submitted together with the design proposals (as shown in Annex 2 hereto). In the event that the participant is a natural person, a Commitment Letter on Participants¨ Qualification (individual) shall be signed; in the event that the participant is a legal entity, its authorized representative must sign a Commitment Letter on Participants¨ Qualification (legal entities) with a company seal thereto; in the event that the participant is a group, each natural person of such group shall sign an Commitment Letter on Participants¨ Qualification (individuals) and the authorized representatives of each legal entity thereof shall sign an Commitment Letter on Participants¨ Qualification (legal entities) with the company seal affixed thereto.

  3.3 The participant shall submit a Commitment Letter for Copyright Transfer (as shown in Annex 3 hereto) when the design proposal is submitted. The Commitment Letter for Copyright Transfer must be attached as an appendix to the design proposals and signed by the participant.

  In the event that the participant is a group, the Commitment Letter for Copyright Transfer must be jointly signed by all natural persons and the authorized representatives of all legal entities comprising such group (with the company seals of relevant legal entities affixed thereto).

  In the event that the participant is a legal entity or includes one or more than one group composed of legal entities, the Commitment Letter for Copyright Transfer must be signed by the authorized representative of every such legal entity with the respective company seal thereof affixed thereto. Furthermore, such legal entities shall undertake that:

  (1) The submitted work or works fall within the category of a ^unit work ̄ or ^unit works ̄ as provided under relevant provisions contained in Article 11.3 of The Copyright Law of the People's Republic of China (created under the aegis of such legal person(s) or other organization(s), on behalf and at the behest of such legal person(s) or other organization(s), and with any attendant liability therefor to be borne by such legal person(s) or other organization(s);

  (2) All relevant personnel involved in the creation and revision of the submitted works have been adequately informed of the purpose(s), intended use(s) and the belongs of such creation prior to such personnel¨s involvement in such creation and revision (including but without limitation that the submitted works fall within the category of "unit work(s)", the original owner of its copyright is the legal person arranging the creation, the copyright of the submitted works shall be transferred to BOCOG irrevocably, exclusively and in perpetuity. BOCOG shall, based on the above-referenced copyright transfer, enjoy the full, complete and exclusive copyright in and to the submitted works).

  (3) The participant shall require every person involved in the creation and revision of the submitted works to execute and sign a Confirmation Letter, as shown in Annex 4 hereto in triplicate (BOCOG, participant and any person involved in the creation shall each hold one copy thereof). If a participant had any person who has not executed and signed the above Confirmation Letter involved in the creation and revision of submitted works (regardless of whether such involvement is materially or incidentally meaningful to the creation of the design proposals), BOCOG has the right to unilaterally disqualify such participant.

  3.4 The participant must submit all the documents required in this Clause 3 upon presentation of the design proposals in conformity with the Rules provided for herein. Any design proposals lacking any required document(s) shall be deemed to be unqualified and thus will not be evaluated.

  3.5 Language for the Design Competition: all design proposals and any information, letter, notice, declaration, application, etc. sent to or from the Competition Office must be prepared in either Chinese or English version. If both languages are used, the Chinese-language version shall prevail in the event of discrepancies.

  3.6 The design proposals and required documents (hereinafter referred to as ^Documents ̄) submitted by a participant shall be formulated as an entire, integral documentary series consistent in design and complete in production (such as a pamphlet or in a folded format) with a full index indicating the sequence of all documents.

  4. Procedures for the submission of the required documents

  4.1 The Documents submitted by a participant must include the design proposals and the required documents that comply with the provisions of Clauses 2 and 3 herein, respectively. BOCOG shall examine the Documents formally in accordance with these clauses. BOCOG has the right to disqualify any participant who has failed to submit complete Documents or whose Documents do not meet the requirements of the provisions herein.

  4.2 A participant must, either in person or through an authorized representative, submit the Documents to the following address via either registered mail or express delivery:

  Office for the Mascot Design Competition for the Beijing Olympics and Beijing Paralympics (hereinafter referred to as the ^Competition Office ̄)

  Address: Culture and Ceremonies Department, BOCOG, 24 Dongsishitiao, Dongcheng District, Beijing

  Postcode: 100007

  The participant shall assume any liability for custody of the original postal documents evidencing delivery and making timely inquiry as to whether the Documents have been delivered in a timely manner.

  The Competition Office assumes no liabilities for any consequence arising due to late submission, any damage or loss of Documents as an incident to the process of submission.

  4.3 The deadline for submission of the Documents is 17:30, Wednesday, December 1, 2004 (hereinafter referred to as the "Deadline" in the provisions contained herein and their Annexes), with the date of submission to be deemed the date upon which the Documents are received by the Competition Office. The Competition Office will not consider the date and time that the participant posts or has the Documents express delivered when determining whether such Documents have been received as of the Deadline.

  4.4 The Competition Office shall not accept any Documents delivered after the Deadline even if the delay is caused by events of force majeure. However, the Competition Office has the right to require the participant to supplement and/or clarify submitted works at any time after the Deadline within the Competition Office¨s sole discretion.

  4.5 No design proposals submitted to the Competition Office shall be returned.

  4.6 The Documents submitted must satisfy the following requirements:

  (1) The Documents must be submitted in a large sealed envelope, stamped with the seal of the participant, on which the following must be written:

  " Documents for the Mascot Design Competition for the Beijing Olympics";

  "Participant" (name, address, telephone number, fax number, E-mail address of the natural person, legal entity, group, etc. );

  ^Addressee ̄: BOCOG Culture and Ceremonies Department - Office for the Mascot Design Competition for Beijing Olympics

  Note: To be unsealed only by the Office for the Mascot Design Competition for the Beijing Olympics. ̄

  (2) If the participant is a group, the name, address, telephone number, fax number, E-mail address of each member of the group must be provided.

  (3) The use of self-adhesive envelope, which may be opened and re-sealed without leaving any traces, is prohibited.

  4.7 The Competition Office will notify each participant that has been selected for the final round of the competition by telephone and promptly notify the final winner by the same means.

  5. Selection Panel for the Design Competition

  5.1 BOCOG will organize a selection panel (hereinafter referred to as ^Panel ̄) for the Mascot Design Competition to evaluate the design proposals submitted by each participant. BOCOG has the final right of decision on the composition, number of the Panel or appointment/removal of the members of the Panel.

  5.2 The Panel will select the design proposals for the final round of the competition and for the presentation to the BOCOG Executive Board, who will make the final decision on the mascot design proposal to be the finally selected Mascot for Beijing Olympics and the Mascot for Beijing Paralympics respectively from among the entries in the final round of the competition.

  5.3 BOCOG shall hold press conference for the finally selected respective mascot design proposals for Beijing Olympics and Beijing Paralympics, and initiate a campaign of promotion and publicity therefor. The final winners will be invited to the press conference for the Announcement of the Mascots. Other participants may obtain the final result of the Mascot Design Competition through relevant news media.

  6. Criteria for the selection of the mascot designs

  The Panel will evaluate the design proposals based on the following criteria and select the design proposals for the final round of competition.

  Criteria essential for a successful mascot:

  6.1 It must be cute, appeal to children, and gain acceptance of the people of different cultural backgrounds, genders, or ages;

  6.2 Must embody unique Chinese culture;

  6.3 Reflect the concepts of Beijing 2008 Olympic Games and the Olympic spirit;

  6.4 Must be refreshingly new;

  6.5 Possess flexibility and is commercially viable. Work in all sizes, on all materials, and in various areas, from pins to life-sized cartoon characters, from metal to soft ^plush ̄ toys, from licensed products(such as T-shirts, backpacks, cups, and stationery) to two or three dimensional animations (such as Television, internet, CD, cell phones, and etc.) and the Look of the Games;

  6.6 Can represent and depict each Olympic sport;

  6.7 Must integrate with the Look of the Games;

  6.8 Should be distinct from the mascot designs of previous Olympic Games, important international sports competitions and major domestic sporting events;

  6.9 The creative rationale is consistent and convincing, and rich in plot and personality.

  7. Confidentiality

  7.1 To ensure that BOCOG is in a position to protect the mascots for the Beijing Olympics worldwide, all participants must strictly comply with the following confidentiality provisions. Any violation of the following confidentiality obligations might impair the inherent value of the mascot design proposal.

  7.2 While creating the design proposal and presenting such design proposal to BOCOG, a participant shall strictly comply with the following confidentiality obligations regarding the design itself (and its creative rationale). The confidentiality period commences from the date of the inception of the creation of the mascot design proposal and ends on the date when BOCOG announces its final selected Mascots.

  In the event that a participant is a single legal entity (or a group composed of one or more legal entities), the participant must require each person within such legal entity involved in the creation and revision of the design proposal to comply with the following confidentiality obligations.

  7.3 The performance of the confidentiality obligation by the participant mandates that neither the participant, nor any person involved in the creation, during the above confidentiality period, shall disclose any content of the design proposals, including without limitation to the mascot design proposal and its creative rationale to any third party by any means whatsoever (but excluding the Panel and any such persons as BOCOG may from time to time in their sole discretion designate).

  7.4 During the Design Competition, BOCOG shall reserve the right to disqualify the eligibility of any participant who has violated the above confidentiality obligation.

  7.5 In the event that BOCOG sustains damages as a consequence of a violation of the above confidentiality obligation by a participant, BOCOG shall accordingly have the right to assert claims against such participant for compensation.

  8. Copyright and use of the mascot design proposals

  8.1 Each participant must sign the Commitment Letter for Copyright Transfer shown in Annex 3 herein. From the date of signing such Commitment Letter for Copyright Transfer, the participant shall transfer all proprietary copyrights it owns in and to the design proposal (and all rights it owns in all materialization or derivations of the mascot design proposal, whether in graphic image or 3D form, if any??to BOCOG irrevocably and in perpetuity.

  8.2 The finally selected mascot design proposal(s) will become the Mascot for Beijing Olympics or the Mascot for Beijing Paralympics. BOCOG has the right to decide or authorize third parties to use it within the ranges described as follows, including without limitation to:

  (1) Use in the promotions organized and promotional material produced by BOCOG, all venues and City Look of the Beijing Games, all cultural, educational and volunteer programs, torch relay and any other activities relating to the Beijing Olympic Games;

  (2) Use in publications by the International Olympic Committee, the International Paralympic Committee, the National Olympic Committees and the International Sports Federations; exposure through production, printing, or TV broadcast or other means to global media;

  (3) Use in marketing activities of the Olympic sponsors;

  (4) Use in TV broadcast or in promotions by rights-holding broadcasters during the Beijing Olympic Games; use in related marketing activities, licensing and merchandising programs by BOCOG.

  9. Award

  9.1 The participant of the finally selected Mascot for Beijing Olympics will receive an award of RMB 200,000 Yuan (pre-tax). Each of the other finalists (a total of 5 design proposals will be selected for the final round) will receive an award of RMB 10,000 Yuan (pre-tax).

  The participant of the finally selected Mascot for Beijing Paralympics will receive an award of RMB 50,000 Yuan (pre-tax). Each of the other finalists (a total of 3 design proposals will be selected for the final round) will receive an award of RMB 5,000 Yuan (pre-tax).

  9.2 The participants shall pay taxes on such award pursuant to the laws of the relevant countries (including but without limitation to the People's Republic of China) and regions.

  10. Disputes

  10.1 The Rules and the Commitment Letter for Copyright Transfer shall be issued simultaneously in both Chinese and English versions. In the event of any discrepancy between the two versions, the Chinese version shall prevail.

  10.2 In the event of any ambiguity regarding the Rules and their Annexes, BOCOG shall reserve the right of final interpretation. Any other issues not addressed or not mentioned in this document shall be settled by relevant rules to be formulated by BOCOG and subject to its interpretation.

  11. General provisions

  11.1 Each participant shall independently assume full responsibility for participation in the Design Competition and has no right to claim any compensation from BOCOG or the Competition Office with regard to such participation. Each participant shall abide by all provisions including these rules and their Annexes when participating in the Design Competition and during any stage thereof.

  11.2 BOCOG reserves the right to refrain from selecting the mascot for the Beijing Olympics from among the design proposals submitted to the Design Competition. BOCOG also has the right to select or not to select the mascot, to cancel, postpone or repeat relevant procedures without any obligation to pay any participant a remuneration or compensation due to the above mentioned reasons.

  11.3 The participant is not entitled to any compensation whatsoever with respect to expenses relating to such matters as design, submission of design proposals, the envelope for the required Documents, etc.

  11.4 All clauses contained herein are material clauses. Any participant violating any clause herein may thus be disqualified from participation.

  11.5 In the event that a design proposal is submitted by a group, all members of such group shall bear joint and several legal responsibilities on behalf of the individual members of such group.

  11.6 All the professional design organizations that haven¨t gained legal entity in accordance with law shall participate in the Design Competition and execute relevant documents in the capacity of a natural person.

  12 Governing Law

  The design competition shall be governed and construed by the law of the People¨s Republic of China.

  Annex:

  1. Entry Form                 Download

  2. Commitment Letter on Participants' Qualification  Download

  3. Commitment Letter for Copyright Transfer    Download

  4. Confirmation Letter              Download

  5. A Brief History of the Olympic and Paralympic Games  Download

  6. A Brief History of the Olympic and Paralympic Mascots  Download

  7. Concepts of the Beijing Olympic Games: Green Olympics, Hi-tech Olympics, People's Olympics  Download

  8. Emblem of the Beijing 2008 Olympic Games and Emblem of the Beijing 2008 Paralympic Games  Download

  

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