Terms & Conditions
Wieden+Kennedy Program The Kennedy’s
• These Terms & Conditions (hereinafter referred to as the “T&Cs”) apply to your (application for) participation in our program “The Kennedys” (hereinafter referred to as the “Program”, see: http://www.thekennedys.cn ). In order to apply for and participate in this Program you first need to accept these T&Cs. Any deviation from these T&Cs must be made in writing and duly signed by a representative of Wieden+Kennedy Advertising Inc. (hereinafter referred to as “Wieden+Kennedy Shanghai”).
• You confirm that all personal information that you have provided in your application is true and complete. In the event that any of the information provided by you would turn out to be false or incomplete, we have the right to terminate your participation in the Program with immediate effect and without incurring any liability as a result thereof.
• In order to participate in the Program you must be at least 18 years of age and have a valid China ID or visa. You confirm that you have no criminal records and that there are no criminal proceedings pending against you.
• The application for the Program is made online at http://www.thekennedys.cn,where you must complete and submit the application form with all required personal information, CV and portfolio and any other information required by Wieden+Kennedy Shanghai. You must follow the instructions on our website and in the online application form.
• Wieden+Kennedy Shanghai shall be entitled to select the participants for our Program at its sole discretion. Wieden+Kennedy Shanghai will inform you by e-mail if you are selected for the Program by May 30th, 2016. If you are not contacted by May 30th, 2016, you are not selected. We will not discuss the status of your application with you and you are not able to request the status of your submission from us. Wieden+Kennedy Shanghai reserve the right to select candidates for the Program through other channels than through this application procedure.
• The intellectual property rights of all works created by you answering the application questions for entry into the Program shall remain with you, but Wieden+Kennedy Shanghai has the exclusive right to use and alter, or license any third party to use and alter, these works for commercial or non-commercial purposes, worldwide, in perpetuity and for all media without any restrictions. If you are selected to participate in the Program, you agree to assign the worldwide copyright and all other rights of intellectual property on the materials especially made to enter the Program or provided by you for participation into Program (including but not limited to all works created by you answering the application questions) to the fullest extent to Wieden+Kennedy Shanghai free of charge. Wieden+Kennedy Shanghai has the exclusive right to use and alter, or license any third party to use and alter, these materials for commercial or non-commercial purposes, worldwide, in perpetuity and for all media without any restrictions.
• All rights, titles and interests throughout the world in and to, including without limitation: copyrights, trade secret, patent and other intellectual property rights, with respect to any work or thing created or furnished by you during the Program shall be owned by Wieden+Kennedy Shanghai. You shall waive, to the extent permitted by law, any moral rights that you may have with regard to these works and things. You shall neither use these works or things nor authorize any third party to use these works or things without prior written approval of Wieden+Kennedy Shanghai.
• You warrant that you have full rights and authorizations to transfer the right and grant the license in accordance with these T&Cs, and the usage of Wieden+Kennedy Shanghai and other licensees of any works, materials, information and other things provided by you in accordance with these T&Cs will not violate any applicable laws and regulations and will not infringe any third party’s rights and interests. In case you breach this warranty, your qualification for participation into Program will be cancelled, and you shall indemnify and hold Wieden+Kennedy Shanghai and other licensees harmless from and against any and all losses, damages, claims, costs, expenses and liabilities arising thereof.
• The Program is expected to take place from August 8th, 2016. Wieden+Kennedy Shanghai reserve the right to delay or cancel the Program either in part or wholly for any reason. The contents of the Program are solely determined by Wieden+Kennedy Shanghai and Wieden+Kennedy Shanghai reserve the right to make any changes thereto at all times for any reason.
• If you are selected for the Program you shall enter into an agreement with Wieden+Kennedy Shanghai in a form satisfactory to Wieden+Kennedy Shanghai for a definite period of nine-months. The agreement will include a non-disclosure clause. If you do not accept any terms of the agreement and/or if this agreement is not signed by you or Wieden+Kennedy Shanghai before the start of the Program due to any reason, Wieden+Kennedy Shanghai has the right to cancel your qualification for participation into Program without incurring any liability as a result thereof.
• For the Program you are required to move to Shanghai. All travel expenses and housing will be for your own account.
• The personal information submitted in your application will be kept strictly confidential and will only be used for the purpose for which it is submitted. Wieden+Kennedy Shanghai will process and store the personal information submitted by you in accordance with the applicable privacy laws.
• Wieden+Kennedy Shanghai will not be liable for any damage that you may suffer during your stay in Shanghai and during your participation in the Program, as a result of loss or theft of goods or for any injury. You are advised to take out an insurance policy at your own expense to cover all possible damages and liabilities towards you and third parties.
• In no event shall Wieden+Kennedy Shanghai be liable to you for any punitive, incidental, consequential, or other special damages (including but not limited to attorney’s fee) in connection with any claim arising out of or related to the Program.
• In no event your consent to these T&Cs, the execution of agreement or your participation into the Program shall be construed as the establishment of labor relationship between you and Wieden+Kennedy Shanghai. Nothing in these T&Cs creates an agency relationship or employee-employer relationship between you and Wieden+Kennedy Shanghai.
• These T&Cs shall be exclusively governed by Chinese laws (excluding laws of Hong Kong, Macao and Taiwan). Any dispute that may arise in connection with these T&Cs and any subsequent agreements shall exclusively be submitted to the Court which has a competent jurisdiction over Wieden+Kennedy Shanghai’s domicile.
• Your submitting application for the participation into Program shall be deemed as your acceptance of these T&Cs.
Shanghai, April 1, 2016