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2013 Hong Kong Mid-Autumn Festival Lantern Wonderland Design Competition Organiser: Hong Kong Tourism Board Supporting Organisations: Hong Kong Designers Association, Hong Kong Institute of Architects and Hong Kong Ambassadors of Design P. 1 of 17 2013 Hong Kong Mid-Autumn Festival Lantern Wonderland Design Competition Invitation for Entry The 2013 Hong Kong MidAutumn Festival Lantern Wonderland Design Competition is organised by the Hong Kong Tourism Board (HKTB) and supported by the Hong Kong Designers Association (HKDA), the Hong Kong Institute of Architects (HKIA) and the Hong Kong Ambassadors of Design (HKAoD), collectively “the Organiser and the Supporting Organisations”). The Organiser and the Supporting Organisations would like to invite design for lantern to serve as anchor attraction during the 2013 Hong Kong Mid-Autumn Festival (hereunder “the Festival”) by way of an open competition (hereunder “Competition”). Participation in the Competition constitutes acceptance and agreement to the rules set out in this invitation. Background Among the many traditional Chinese festivals celebrated in this global capital of Chinese festivals, Mid-Autumn Festival has been one of the most important Chinese festivals when families get together to celebrate good harvest by enjoying a big meal and appreciate the full moon. While local residents enjoy festive food and play with colourful lanterns, overseas visitors often lack the means to participate in this festive celebration. The Hong Kong Tourism Board (HKTB) therefore rallied support from different parties to open up opportunities and lengthen the celebrations for visitors to celebrate the festival like local residents. As part of our Asia’s World City campaign, the HKTB will organise a “Hong Kong Mid-Autumn Festival” from 14 22 September 2013, to further promote our traditional festival to our overseas visitors. In a bid to offer the cream of festive programmes to both local residents and overseas visitors, HKTB will work with Leisure & Cultural Services Department (LCSD) and further enhance their lantern carnival into an all-in-one mega event at the heart of the city in Victoria Park, Causeway Bay. Lantern Wonderland, a giant lantern will be established at the Park as a centerpiece of this mega event. This very special element will be created through a design competition, organised by HKTB and supported by HKDA, HKIA and HKAoD.
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2013 Hong Kong Mid-Autumn Festival Lantern Wonderland Design

Sep 12, 2021

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Page 1: 2013 Hong Kong Mid-Autumn Festival Lantern Wonderland Design

2013 Hong Kong Mid-Autumn Festival Lantern Wonderland Design Competition

Organiser: Hong Kong Tourism Board Supporting Organisations: Hong Kong Designers Association, Hong Kong Institute of Architects and Hong Kong Ambassadors of Design

P. 1 of 17

2013 Hong Kong Mid-Autumn Festival Lantern Wonderland Design Competition

Invitation for Entry

The 2013 Hong Kong Mid–Autumn Festival – Lantern Wonderland Design Competition is organised by the Hong Kong Tourism Board (HKTB) and supported by the Hong Kong Designers Association (HKDA), the Hong Kong Institute of Architects (HKIA) and the Hong Kong Ambassadors of Design (HKAoD), collectively “the Organiser and the Supporting Organisations”). The Organiser and the Supporting Organisations would like to invite design for lantern to serve as anchor attraction during the 2013 Hong Kong Mid-Autumn Festival (hereunder “the Festival”) by way of an open competition (hereunder “Competition”). Participation in the Competition constitutes acceptance and agreement to the rules set out in this invitation. Background Among the many traditional Chinese festivals celebrated in this global capital of Chinese festivals, Mid-Autumn Festival has been one of the most important Chinese festivals when families get together to celebrate good harvest by enjoying a big meal and appreciate the full moon. While local residents enjoy festive food and play with colourful lanterns, overseas visitors often lack the means to participate in this festive celebration. The Hong Kong Tourism Board (HKTB) therefore rallied support from different parties to open up opportunities and lengthen the celebrations for visitors to celebrate the festival like local residents. As part of our Asia’s World City campaign, the HKTB will organise a “Hong Kong Mid-Autumn Festival” from 14 – 22 September 2013, to further promote our traditional festival to our overseas visitors. In a bid to offer the cream of festive programmes to both local residents and overseas visitors, HKTB will work with Leisure & Cultural Services Department (LCSD) and further enhance their lantern carnival into an all-in-one mega event at the heart of the city in Victoria Park, Causeway Bay. Lantern Wonderland, a giant lantern will be established at the Park as a centerpiece of this mega event. This very special element will be created through a design competition, organised by HKTB and supported by HKDA, HKIA and HKAoD.

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2013 Hong Kong Mid-Autumn Festival Lantern Wonderland Design Competition

Organiser: Hong Kong Tourism Board Supporting Organisations: Hong Kong Designers Association, Hong Kong Institute of Architects and Hong Kong Ambassadors of Design

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Objective This Competition is aimed to provide an ideal platform to showcase local creativity, encourage design appreciation by local community and promote Hong Kong through an international language - design.

LLaanntteerrnn WWoonnddeerrllaanndd A giant Lantern for the Festival in support of Hong Kong - Asia’s World City campaign; Showcase the uniqueness of Hong Kong as a world class travel destination; and A signature piece highlighted in the Hong Kong Mid-Autumn Festival in Hong Kong. Please refer to the Design Brief (Appendix 1) for details of the background and requirements, Eligibility The Competition is open to members of Hong Kong Designers Association, The Hong Kong Institute of Architects and the Hong Kong Ambassadors of Design. Others may also participate in the Competition in collaboration with the members of the above institutions. Participants must possess valid Business Registration (for companies) or HK Identity Card (for individuals) and shall be at least 18 years old on the date of submission of the Entry Form (for individuals). Participants shall either possess at least 5-year solid experience in the design and supervision of local construction project (s) or team up with a qualified professional* or company who has such experience. Participants are required to submit the relevant CV and reference letters together with their submission for entry. To avoid conflict of interest, all individuals and companies involved in planning, implementation and judging of the Competition are not eligible to enter the Competition. [*qualified professional shall either be an Authorized Person registered under the Buildings Ordinance or a Registered Architect registered under the Architects Registration Ordinance.] Requirement Each participant/team can only submit ONE design. Documents Required on Submission The following documents must be submitted for the Competition:

Entry Form (Appendix 2), duly completed and signed; and Design submitted in accordance with the submission format below.

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2013 Hong Kong Mid-Autumn Festival Lantern Wonderland Design Competition

Organiser: Hong Kong Tourism Board Supporting Organisations: Hong Kong Designers Association, Hong Kong Institute of Architects and Hong Kong Ambassadors of Design

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Design Concept

The theme for the design of Lantern Wonderland is Hong Kong - Asia’s World City. Estimated cost for building the Lantern Wonderland based on the design submitted

should not exceed HK$2,000,000, professional fees not included. Participants shall take into consideration timing & cost factors, feasibility and

practicality of building the designs. Designs must be in compliance with relevant safety rules and regulations (whether in

relation to structure, electricity, fire resistant or otherwise) of the Architectural Services Department, Buildings Department and any other competent authorities as appropriate.

Design Submission Format The submitted design must be highly adaptable to various functions, occasions, materials and applications. No indication of the identity of the applicant is allowed, whether on the front or at the back of the design. All designs will become properties of HKTB upon submission and will not be returned. The following should be included in each entry design:

All drawings should be presented in no more than FOUR A3 size papers mounted on cardboards;

All cardboards should be numbered at the lower right hand corner on the front; Full color artistic impression including the front, back, top and side views of the

lantern(s); A description for the design, in no more than 500 words (Eng & Chi) together with

the name of the entry design to be mounted on the back of the cardboard; A plan drawing with indication of all major dimensions for height, length and width

and the use of materials. Technical details for implementation, if any; and An estimated cost of production for the design with simple breakdown.

Judging Criteria A panel of judges comprising representatives from the HKTB, HKDA, HKIA, HKAoD, representative of the Title Sponsor of the Festival and relevant parties shall be formed to select the winning entries. The judging will be done on an anonymous basis, i.e. the identity of the participant will not be known until after the final judging. Entries shall be judged according to the following criteria:

Creativity, originality & relevance to the theme 35 marks

Practicality (buidability) and safety compliance 30 marks

Use of environmental friendly materials 10 marks

Cost effectiveness in consideration of budget guideline 15 marks

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2013 Hong Kong Mid-Autumn Festival Lantern Wonderland Design Competition

Organiser: Hong Kong Tourism Board Supporting Organisations: Hong Kong Designers Association, Hong Kong Institute of Architects and Hong Kong Ambassadors of Design

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Judges’ discretion 10 marks

Panel of Judges Chairman Chairman of HKTB Project Advisor Mr Vincent Ng Members Representative of Hong Kong Institute of Architects Representative of Hong Kong Designers Association Representative of Hong Kong Ambassadors of Design Representative of the Title Sponsor of the Festival Selection of Winning Design One Gold Award winner and three finalists will be chosen amongst all participants. Selection will be made based on the Judging Criteria above. The Organiser and the Supporting Organisations will nonetheless have unfettered discretion in their evaluation and recommendations regarding the selection. The Organiser and the Supporting Organisations reserve the right not to select any lantern design from the submissions and not to use any design so selected in the 2013 Hong Kong Mid-Autumn Festival. The Organiser’s and the Supporting Organisations’ decisions regarding any and all aspects of the Competition are final and binding on all participants. If HKTB should decide to use the Gold Award winning design or any of the finalists’ design to build the HKTB lantern(s) for the Festival, the Gold Award winner or the finalist as the case may be (the “Selected Party”) shall provide design intent drawings and technical details for lantern builder tendering process. The Selected Party shall assist the lantern builder appointed by HKTB to modify the selected design as required for safety and technical compliance sake and as and when reasonably required by the Organiser and the Supporting Organisations. The Selected Party whose design is so adopted by HKTB will be acknowledged in such manner deemed appropriate by HKTB. The Selected Party possessing the pre-requisite experience in local construction project(s) or teaming up with a qualified professional or company shall be agreeable to act as project manager to manage and supervise the design and build of the selected design, the project management fee for Lantern Wonderland is approximate to HK$100,000 to be confirmed and subject to a mutually agreeable contract. HKTB may require further substantiation from the Selected Party regarding the competence of the project management team, and may demand strengthening of resources if deemed appropriate. HKTB will nonetheless

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have unfettered discretion in the appointment of project manager and the above shall not be deemed to imply commitment or obligation of any kind on HKTB. If a third party is appointed as project manager, the Selected Party shall nonetheless continue to provide design intent drawings and technical assistance to the project as mentioned above. Originality of Works Each submitted design must be original and shall have never been used or published in any media and form. The Organiser and the Supporting Organisations will have unfettered discretion to disqualify any submitted design if the Organiser and the Supporting Organisations in their reasonable opinion consider that the submitted design is not original and is likely to infringe the intellectual property rights of others. Any prize awarded to the design may, at the Organiser’s and the Supporting Organisations’ discretion, be forfeited without any liability to the designer thereof or any other person, and be awarded to another design as deemed fit by the Organiser and the Supporting Organisations. Publicity of Submitted Designs HKTB has the right to display, exhibit and publish all or any entries of the Competition in such media and manner deemed appropriate by HKTB. Appropriate acknowledgement of the designers will be made as deemed fit by HKTB. By entering into the Competition, participant of the Competition is deemed to have granted HKTB a royalty-free licence granting HKTB the abovementioned right throughout the world in perpetuity for the purpose of the promotion of the Festival or Hong Kong tourism in general. Ownership of the Gold Award winning design or any Finalists’ design which is selected by HKTB for design and build of the HKTB lantern(s) for the Festival (“Selected Design”)

The Selected Design (including the copyright and other intellectual property rights subsisting in such design) submitted for the Competition shall become the exclusive properties of HKTB upon submission. Designer of the Selected Design is required to execute such documents and take such steps as may be necessary or required by HKTB to assign and transfer unto HKTB the said rights free from any third party claims or encumbrances in perpetuity throughout the world on receiving the award from HKTB. Sample deed of assignment (Appendix 3) is attached hereto for reference. Schedule of Competition 21 March 2013 Call for design entry 20 May 2013 Deadline for submission of designs Late May 2013 Review of entry designs June 2013 Announcement of winning designs

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2013 Hong Kong Mid-Autumn Festival Lantern Wonderland Design Competition

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Prize and Awards

Gold Award winner (1) will receive HK$100,000 plus a certificate.

Finalist (3) will receive $10,000 plus a certificate. Submission Procedures Each design should be submitted together with all required documents in sealed envelope. All designs and the required documents must arrive at the following address no later than 5pm (Hong Kong time) on 20 May 2013. The collection office opens from Monday to Friday, 9am to 5:45pm (except public holiday). No entry fee will be required for submitting the design. Expenses incurred in preparing and delivering the submissions rest solely on the participants. Late Submissions will not be considered. Submission for Lantern Wonderland Design Competition should address to: Competition Secretariat c/o Mr Mason Hung

Director - Event and Product Development Hong Kong Tourism Board 11/F Citicorp Centre 18 Whitfield Road North Point Hong Kong

Notification The result of the Competition will be announced in June 2013. The Organiser and the Supporting Organisations will not notify the participants individually, except the winners. Enquiry The Invitation for Entry, Entry Form, Lantern Design Brief are downloadable from HKDA website: www.hongkongda.com, HKIA website: www.hkia.net or HKAoD website: www.ambassadors.org.hk. For enquiries, please contact Hong Kong Designers Association on 2527 3968, The Hong Kong Institute of Architects on 2511 6323 or Hong Kong Ambassadors of Design on 2546 2893 for details.

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2013 Hong Kong Mid-Autumn Festival Lantern Wonderland Design Competition

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APPENDIX 1

2013 Hong Kong Mid-Autumn Festival Lantern Wonderland Design Competition

Design Brief

Background Mid-Autumn Festival has been one of the most important Chinese festivals when families get together to celebrate good harvest by enjoying a big meal and appreciate the full moon. While local residents enjoy festive food and play with colourful lanterns, overseas visitors often lack the means to participate in this festive celebration. The HKTB therefore rallied support from different parties to open up opportunities and lengthen the celebrations for visitors to celebrate the festival like local residents. The Festival “2013 Hong Kong Mid-Autumn Festival” will be held on 14 - 22 September 2013, it will include “Lantern Wonderland” and other supporting elements - the Fire Dragon Dance, Lantern Exhibition and Lantern Carnival. It is hoped that through the series of happenings, Hong Kong can entice overseas visitors to bring their families and lengthen their stay in Hong Kong. Design Brief - Guidelines

LLaanntteerrnn WWoonnddeerrllaanndd

The Lantern Wonderland shall be a centerpiece displayed at Victoria Park (on a football pitch) from 14 – 22 September 2013. Being an outdoor display, the lantern should be weatherproof.

The Lantern Wonderland shall measure no more than 54 m (L) x 42 m (W) at-grade. There is no limitation on its height. (Refer to attached floor plan).

The design shall include multi-media light & sound effects, variation in different time of the day and/or interactive elements.

Use of environmental friendly materials for the design is encouraged.

Non-slippery materials shall be considered to avoid slippery floor.

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2013 Hong Kong Mid-Autumn Festival Lantern Wonderland Design Competition

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There shall be small-scale lantern displays within this Lantern Wonderland and visitors shall be able to walk into the Wonderland to appreciate the smaller lanterns. Participants should include design of the Lantern Wonderland and internal lantern displays.

Participants shall take into consideration feasibility and practicality of translating the design into actual production shall take no more than 6 weeks inclusive of 10 days of on-site set up.

The lantern designs shall be able to represent the international image of Hong Kong and complement the Mid-Autumn Festival.

As the lantern will be lit up at night, the participants shall adopt various lighting mechanism and materials in their designs to create illuminating effects that can complement the event theme as well as enhance the festive atmosphere.

Each participant/team can only submit ONE design.

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2013 Hong Kong Mid-Autumn Festival Lantern Wonderland Design Competition

Organiser: Hong Kong Tourism Board Supporting Organisations: Hong Kong Designers Association, Hong Kong Institute of Architects and Hong Kong Ambassadors of Design

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Floorplan at Victoria Park

Hin

g Fa

t St

reet

Glo

uce

ste

r R

oad

*Size of Football Pitch - 74M x 47M

Causeway Road

Lantern Wonderland

Football Pitch No.1

Football Pitch No.6

74

M

47M

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2013 Hong Kong Mid-Autumn Festival Lantern Wonderland Design Competition

Organiser: Hong Kong Tourism Board Supporting Organisations: Hong Kong Designers Association, Hong Kong Institute of Architects and Hong Kong Ambassadors of Design

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APPENDIX 2

2013 Hong Kong Mid-Autumn Festival Lantern Wonderland Design Competition

Entry Form

This is the Entry Form for the Lantern Wonderland Design Competition (the “Competition”), organised by the Hong Kong Tourism Board (HKTB) (“the Organisers”), and supported by the Hong Kong Designers Association (HKDA), the Hong Kong Institute of Architects (HKIA) and the Hong Kong Ambassadors of Design (HKAoD) (collectively “the Supporting Organisations”). The Competition is governed by the Competition rules set out in the Invitation for Entry. DIRECTIONS 1. Read the Invitation for Entry carefully. 2. Complete one set of Entry Form (type or write in capital letters). 3. Read the Design Brief carefully to understand the background and the requirements. 4. Follow the instructions below, complete and submit this Entry Form with all required

information. 5. Entry designs and documents will become properties of HKTB upon submission and will

not be returned. INFORMATION ON ENTRY DESIGN

Name of entry design :

Design concept (in no more than 500 words in English and Chinese)

: Please use separate A4 sheet to describe the design concept. Attach one copy to this Entry Form and mount another copy to the back of cardboard of the submitted design. Indicate the heading as “Design Concept for (name of entry design)” and the number of words in the end.

PARTICULARS OF PARTICIPANT

Name (English and Chinese) to be printed on certificates for winners

Contact Phone No.

Company (if applicable) to be printed on certificates for winners

Email Address

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Mailing Address

[*HKID Card No. (first letter and 4 digits only) /Business Registration No.]

*HKDA / HKIA / HKAoD Membership No.

Name of Qualified Professional (if appropriate)

*AP Registration No./ARB Registration No.

* Please delete as appropriate Note: Personal data will be used for verification of the entry requirements of the “2013 Hong Kong Mid-Autumn Festival - Lantern Wonderland Design Competition” and for the promotion of the Competition and Hong Kong tourism. DECLARATION In consideration of the Organiser’s and the Supporting Organisations’ admission of my application for entry into the Competition in accordance with the rules set out in the Invitation for Entry, I, the undersigned, hereby declare, warrant, agree and covenant as follows:

1. I shall participate in the Competition in strict compliance with the Competition rules set out in the Invitation for Entry for the Competition.

2. I warrant that all information set forth in my submission is true, accurate and

complete.

3. I hereby consent to the Organiser’s and the Supporting Organisations’ collection of my personal information and to the use and disclosure of such personal information by the Organiser the Supporting Organisations and their agents to verify the eligibility of my participation in the Competition.

4. I undertake and warrant that all designs submitted are original and free from any

third party claims and encumbrances and usage of the same will not constitute infringement of any kind. I agree to indemnify and keep the Organiser and the Supporting Organisations fully indemnified against all losses, actions, claims, proceedings, costs and damages (including legal cost on a full indemnity basis)

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suffered or incurred by the Organiser and the Supporting Organisations arising out of or in connection with breach of my warranty hereunder and usage of my design by the Organiser and the Supporting Organisations.

5. I agree to grant HKTB a royalty-free licence granting HKTB the right to display, exhibit

and publish my submission for the Competition throughout the world in perpetuity for the purpose of the promotion of the Festival or Hong Kong tourism in general in such media and manner as deemed appropriate by HKTB. If my submission is selected by HKTB for design and build of the HKTB lantern(s) for the Festival, I further agree that all designs (and all copyright and intellectual property rights subsisting therein) shall become properties of HKTB upon my submission and I undertake to execute such documents and take all such steps as may from time to time be necessary or required by HKTB to assign and transfer unto HKTB the said rights free from any third party claims or encumbrances in perpetuity throughout the world in any media or manner on receiving the award from HKTB.

Dated (day) of (month), 2013

Signature of Participant: (with company chop as appropriate)

In the presence of: Witness Signature: Name:

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APPENDIX 3

2013 Hong Kong Mid-Autumn Festival Lantern Wonderland Design Competition

DEED OF ASSIGNMENT OF COPYRIGHT

This Assignment is made the day of BETWEEN (1) ( ) of (Address) (the “Assignor”) (2) Hong Kong Tourism Board of 11/F, Citicorp Center, 18 Whitfield Road, North Point Hong Kong (the “Assignee”) It is agreed as follows: 1 Definitions and interpretation

1.1 In this assignment except where a different interpretation is clear from or necessary in the context the following terms shall have the following meanings:

“Competition” the 2013 Hong Kong Mid-Autumn Festival - Lantern Wonderland Design Competition organised by the Hong Kong Tourism Board and supported by Hong Kong Ambassadors of Design, the Hong Kong Designers Association, and the Hong Kong Institute of Architects

“Work” the design created by the Assignor pursuant to the invitation for the Competition by the Organiser and the Supporting Organisations, a copy of which is attached in the Assignment thereto and shall include all modified versions of such designs that may be created by the Assignor pursuant to modifications and variations required to the Organiser and the Supporting Organisations

“Hong Kong” the Hong Kong Special Administrative Region

“Rights in the Work” all vested contingent and future rights of copyright

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and all rights in the nature of copyright and all accrued rights of action and all other rights of whatever nature in and to the Work whether now known or in the future created to which the Assignor is now or may at any time after the date of this assignment be entitled by virtue of or pursuant to any of the laws in force in each and every part of the Territory.

“Term” the full period of copyright in the Work, and all renewals, reversions, extensions and revivals of such period subsisting or arising under the laws in each and every part of the Territory, and afterwards so far as permissible in perpetuity.

“Territory” the world

1.2 In this Assignment unless the context requires otherwise:

1.2.1 words and expressions that are defined in the Copyright Ordinance (Cap. 528) shall bear the same meanings in this Assignment;

1.2.2 words importing the singular number shall include the plural and

vice versa; 1.2.3 words importing any particular gender shall include all other genders; 1.2.4 references to persons shall include bodies of persons whether

corporate or incorporate; and 1.2.5 words importing the whole shall be treated as including a reference to

any part of the whole.

1.3 Any reference in this Assignment to any statute or statutory provision shall be construed as referring to that statute or statutory provision as it may from time to time be amended, modified, extended, re-enacted or replaced (whether before or after the date of this Assignment) and including all subordinate legislation from time to time made under it.

1.4 The expression “copyright” shall include the entire copyright, design right,

rental right, right to authorise or prohibit lending, and database right subsisting now or created at any time during the Term under the laws of Hong Kong, and all analogous rights subsisting now or created at any time

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during the Term under the laws of each and every other jurisdiction throughout the Territory.

1.5 Headings are used in this Assignment for the convenience of the parties only

and shall not be incorporated into this Assignment and shall not be deemed to be any indication of the meaning of the clauses or schedules to which they relate.

1.6 Where any of the parties comprises more than one person or entity, the

rights and obligations of such persons or entitles under this Assignment shall be joint and several.

2 Recitals

The Organiser and the Supporting Organisations have organised the Competition for the creation of one giant lantern for the 2013 Hong Kong Mid-Autumn Festival – Lantern Wonderland. It is a condition precedent for acceptance of Assignor’s application for entry into the Competition that the copyright in the Work shall be assigned to the Assignee on the terms and conditions set out in this Assignment.

3 Assignment

3.1 In pursuance of the said agreement and in consideration of the sum of

HK$1.00 (HONG KONG DOLLAR ONE ONLY) now paid by the Assignee to the Assignor (the receipt whereof the Assignor hereby acknowledges), the Assignor as beneficial owner with full title hereby assigns and transfers unto the Assignee absolutely the Rights in the Work throughout the Territory for the period commencing from the creation of the Work to the expiry of the Term free from any claims and encumbrances.

3.2 The Assignor agrees to, at the Assignor’s sole costs and expenses, do all such

things and to sign and execute all such documents and deeds as may reasonably be required in order to assure and vest full right, title and interest to the Rights in the Work and to perfect, protect and enforce any of the Rights granted to the Assignee pursuant to this Assignment in any part of the Territory.

4 The Assignor warrants to the Assignee that:

4.1 the Assignor is the sole owner and sole author of the Rights in the Work and the Work is original in him, and has full power to enter into this Assignment and to give the warranties and indemnities contained in this Assignment;

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4.2 the Assignor has not made any assignment in respect of the Work hereby assigned;

4.3 the exploitation of the Rights in the Work by the Assignee will not infringe the

copyright or any other rights of any third party; and 4.4 the Assignor will keep the Assignee fully indemnified against all losses and all

actions claims proceedings costs and damages (including any damages or compensation paid by the Assignee on the advice of its legal advisors to compromise or settle any claim) and all legal costs (on full indemnity basis) or other expenses arising out of or in connection with any breach of any of the above warranties or out of any claim by a third party based on any facts which if substantiated would constitute such a breach.

5 The Assignor hereby irrevocably and unconditionally waives all his moral rights in

respect of the Work to which he may now or at any time in the future be entitled under the Copyright Ordinance (Cap 528) and under any similar laws in force from time to time during the Term in any part of the Territory, and the Assignor declares that such waiver shall operate in favour of the Assignee its licensees assigns and successors in title as from the creation of the Work.

6 This Assignment contains the whole agreement between the parties and supersedes

any prior written or oral agreement between them in relation to its subject matter and the parties confirm that they have not entered into this Assignment upon the basis of any representations that are not expressly incorporated into this Assignment. No oral explanation or oral information given by any party shall after or affect the interpretation of this Assignment.

7 This Assignment shall be governed by the laws of Hong Kong in every particular

including formation and interpretation and the parties agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong.

8 This Assignment shall bind and inure to the benefit of the parties and their

respective permitted assigns, personal representatives and successors in title. In witness whereof the parties have caused this Assignment to be duly executed on the date above written.

SIGNED, SEALED and DELIVERED by the Assignor ) ) ) ) ) )

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in the presence of : ) ) )

Date

SIGNED by the Assignee ) ) ) )

Date: