BOCOG ANNOUNCEMENT FOR　CHILDREN’S SMILING FACE PHOTOGRAPH SOLICITATION

　　The Games of the XXIX Olympiad (“Games”) will be held in Beijing, the People’s Republic of China, from August 8th through 24th, 2008.

　　To offer opportunities for the general public to participate in the Opening and/or Closing Ceremonies (“Ceremonies”) of the Games, the Beijing Organizing Committee for the Games of the XXIX Olympiad ("BOCOG") is soliciting submissions from all countries and regions in the world of photographic images featuring smiling children’s faces (“Photos”) for possible use in the artistic performances of the Ceremonies.

　　In order to preserve the element of surprise and to support the best presentation of creative ideas in the Ceremonies, the exact creative use of the Photos is confidential at the present time. BOCOG may announce further details as to the actual usage of the Photos at an appropriate time during the process of producing the Ceremonies.

　　While BOCOG intends to maintain the integrity of the smiling faces, BOCOG will modify, alter or adjust the Photos, including, but not limited to, the background of the Photos, based on the creative requirements of the Ceremonies. Also, BOCOG has wide latitude to determine the final usage or non-use of the Photos in the Ceremonies, including all broadcasting of the Ceremonies and publications related to the Ceremonies.

　　General Guidelines for the Photos

　　(1) Content. The Photo(s) you submit must depict a full frontal image of the face of a smiling or laughing child. The child may be either a boy or a girl. Ideally, the child should be under ten (10) years of age. There are no specific requirements for the background of the Photo(s).

　　(2) Quality. The Photo(s) you submit must be at least five (5) million pixels, in color, and be bright and sharp. Photos meeting these requirements taken by ordinary digital cameras are acceptable.

　　(3) Quantity. There is no limit on the number of children for which you may submit Photos. However, you may submit only up to five (5) Photos of each child.

　　(4) Format and Filename. The Photo(s) must be saved in JPG format. The filename for each Photo must be “*.JPG,” where the “*” is the full name of the child. For example, the file of the Photo depicting a child named Zhang Xiaoming should be named “zhangxiaoming.jpg”, and if there are five Photos of Zhang Xiaoming, the files should be named “zhangxiaoming1.jpg”, “zhangxiaoming2.jpg”, etc. All Photos of each child should be submitted on a single and separate CD, with the full name of the child pictured in the Photo written on the CD in indelible marker.

　　(5) Previous Uses of the Photo(s). The Photo(s) have never been publicly used or displayed for commercial purposes.

　　Submission Process

　　(1) Forms. Click on the “documents for solicitation” link to download the following items:

　　(a) Smiling Face Photo Information Form,

　　(b) Child’s Statement and Consent, and

　　(c) Copyright Owner Statement and Consent.

　　You must print out and complete all three forms for each Photo you submit.

　　(2) Complete Submission. A complete submission (“Complete Submission”) must include all of the following items:

　　(a) CD containing a single child’s Photo(s);

　　(b) Completed Photo Information Form;

　　(c) Proof of child’s identity (e.g., photocopy of ID card or passport), proof of his/her parent or legal custodian’s identity (e.g., photocopy of ID card or passport) and evidence of child’s relationship with parent/custodian (e.g., photocopy of birth certificate);

　　(d) Proof of identity (e.g., photocopy of ID card or passport) of the copyright owner of each Photo on the CD;

　　(e) Executed Child’s Statement and Consent; and

　　(f) Executed Copyright Owner Statement and Consent. Even if the parent/custodian is the copyright owner, this form must be completed and included within the submission packet.

　　(3) Notes on Execution of the Forms.

　　(a) The child in the Photo is the owner of his/her image.

　　(b) Custodian of a child refers to parents of the child or other person who has legal custody of the child according to applicable law.

　　(c) Copyright Owner refers to the person who took the child’s Photo(s) or otherwise owes the full and complete copyright of the submitted Photo(s).

　　(d) All columns in the Smiling Face Photo Information Form shall be filled except for those marked with “*”. Even if the child’s parent/custodian is the copyright owner of the Photo, you still need to fill in “Information on Photo Copyright Owner”.

　　(e) Both the Child’s Statement and Consent and the Copyright Owner Statement and Consent have to be executed. Even if the parent/custodian is the copyright owner, both forms must be completed and included within the submission packet.

　　(4) Address. Please send your Complete Submission to the following address by express mail service, and indicate the term “SMILING FACE” on the envelope:

　　[Operating Center for Opening and Closing Ceremonies of the

　　Beijing 2008 Olympic Games

　　55 Lin Cui Xi Li, Chao Yang District, Beijing, China

　　Postcode：100055]

　　(5) Deadline. The deadline for submission is April 30, 2008 and all submissions must actually be received by such date.

　　(6) Acknowledgement of Receipt. The Operating Center for the Opening and Closing Ceremonies of the Beijing 2008 Olympic Games (“Center”) will not send an acknowledgement of receipt. If you have any questions about the delivery, please inquire via the express mail service system.

　　(7) Contact us.

　　Tel: 0086-10-52077516

　　E-mail: OCC@beijing2008.cn

　　(8) Confidentiality/Destruction of Photos and Information Submitted. BOCOG and Center will take reasonable steps to keep all personally identifiable information contained on the CDs confidential, and will use this information only for its internal purposes and to communicate with the parent/custodian and the copyright owner regarding the Photos. For the Photos that are not used by BOCOG, BOCOG or Center will destroy or permanently delete such pictures and personally identifiable information submitted with them after the close of the Games.

　　Thank you for you interest in participating in the Ceremonies and for your support in organizing the Games of the XXIX Olympiad.

　　The Organizing Committee for the Games of the XXIX Olympiad

　　Date: Spe.4, 2007

　　Samples of Photos attached for your reference

　　

　　SMILING FACE PHOTO

　　INFORMATION FORM

　　Information on Child in Photo

　　Name Sex

　　Age Nationality

　　Information on Child’s Parent/Custodian1

　　Name Sex

　　Age Nationality

　　Employer

　　Parent/Custodian’s

　　Relationship to Child ID type and number

　　Telephone *E-Mail2

　　Mailing Address and

　　Postal Code

　　Information on Photo Copyright Owner

　　Name Sex

　　Age Nationality

　　Employer

　　ID type and number

　　Telephone *E-Mail3

　　Mailing Address and

　　Postal Code

　　1、The parent or legal custodian of the child in the Photo(s).

　　2、If available.

　　3、If available.

　　CHILD’S STATEMENT AND CONSENT

　　This Child’s Statement and Consent (“Statement”) is being executed by and on behalf of the child (“Child”) whose Photo(s) are being submitted to BOCOG in response to the BOCOG Announcement for Children’s Smiling Face Photograph Solicitation (“Announcement”).

　　By signing below, I, the Child, and my parent or legal custodian (“Parent/Custodian”) agree to the following:

　　1. I and my Parent/Custodian fully understand and agree to the terms of the Announcement and this Statement and wish to submit the Photo(s) in accordance with such terms.

　　2. I and my Parent/Custodian represent that all the information contained in the Smiling Face Photo Information Form (“Information”) and all materials submitted by us are complete, true and correct.

　　3. I and my Parent/Custodian hereby grant to BOCOG and its designees, starting from the date of my submission of the Photo(s), a royalty-free license to film, televise, transmit through informational networks, broadcast, publish, publicly display and perform, reproduce, distribute, lend, prepare derivative works of, edit, compile, combine with other works and materials, and otherwise use and exploit (or cause others to use and exploit) the Photo(s), including the Child’s likeness contained therein, in all formats, manner and media, now known or hereafter devised, throughout the universe and at no charge, in connection with the Ceremonies of the Games. I and my Parent/Custodian agree that we will not grant public use of my likeness to anyone else prior to December 31, 2008, Beijing time.

　　4. I and my Parent/Custodian understand that BOCOG (a) collects and stores the Photo(s) and the Information in Beijing, China, (b) will use the Information only for internal purposes and to communicate with myself and my Parent/Custodian, (c) will not share the Information with any other third parties, and (d) after the close of the Games, will destroy or permanently delete the Photos that are not used for the Ceremonies, along with the Information submitted with them.

　　5. I and my Parent/Custodian hereby warrant that we have the full power and authority to execute this Statement, to grant the rights and licenses granted herein, and otherwise to perform the obligations herein. Parent/Custodian further warrants that he/she is the parent or the legal custodian of the Child and has the legal right to consent to the terms and conditions of this Statement on behalf of the Child. In addition, I and my Parent/Custodian hereby warrant that my likeness has never been used for commercial purposes and we have not granted to any third party any rights to use or display my likeness for commercial purposes.

　　6. I and my Parent/Custodian agree to promptly execute any additional agreement or document, if deemed necessary by BOCOG, which may include covenants and warranties pertaining to the use of the Photo(s) and my likeness contained therein.

　　7. I and my Parent/Custodian agree that this Statement and the Announcement shall be construed in accordance with the law of China. In case of any dispute arising out of or in connection with this Statement, the parties hereto shall first endeavor to solve it through consultation with each other. If consultation fails after thirty (30) days, I and my Parent/Custodian agree to solve the dispute through arbitration proposed by BOCOG; in this case, either party may submit the dispute to the China International Economic and Trade Arbitration Committee for arbitration in Beijing in accordance with its rules then in effect.

　　8. This statement shall take effect upon the signature of myself and my Parent/Custodian.

　　By signing below, we agree to the terms and conditions of this Child’s Statement and Consent.

　　Name of Child:

　　Signature of Child:

　　(Parent/Custodian to sign on behalf of the child)

　　Signature of Parent/Custodian:

　　Date:

　　COPYRIGHT OWNER STATEMENT AND CONSENT

　　This Copyright Owner Statement and Consent (“Statement”) is being executed by the owner of the Photo(s) of the child identified on the Smiling Face Photo Information Form, which Photo(s) are being submitted to BOCOG in response to the BOCOG Announcement for Children’s Smiling Face Photograph Solicitation (“Announcement”).

　　By signing below, I, the legal copyright owner of the Photo(s) (“Copyright Owner”), agree to the following:

　　1. I fully understand and agree to the terms of the Announcement and this Statement and wish to submit the Photo(s) in accordance with such terms.

　　2. I represent that I am the photographer of the submitted Photo(s) and/or otherwise own the full and complete copyright of the Photo(s). I represent that all the information contained in the Smiling Face Photo Information Form (“Information”) and all materials submitted by me are complete, true and correct.

　　3. I represent that, before submitting the Photo(s), I have obtained the consent of the Child in the Photo(s) and the Child’s parent or legal custodian.

　　4. I agree that BOCOG and its designees shall have been granted the right to edit the submitted Photo(s) since the date of my submission of the Photo(s), including, without limitation, the right to edit, adjust, make changes to the background of the Photo(s) and otherwise modify the Photo(s), regardless of the effect of such modifications on the integrity of the Photo(s).

　　5. I hereby grant to BOCOG and its designees, starting from the date of my submission of the Photo(s), a royalty-free license to film, televise, transmit through informational networks, broadcast, publish, publicly display and perform, reproduce, distribute, lend, prepare derivative works of, edit, compile, combine with other works and materials, and otherwise use and exploit (or cause others to use and exploit) the Photo(s), in all formats, manner and media, now known or hereafter devised, throughout the universe and at no charge, in connection with the Ceremonies of the Games. I agree that I will not grant public use of the Photo(s) submitted to anyone else prior to December 31, 2008, Beijing time.

　　6. I understand that BOCOG (a) collects and stores the Photo(s) and the Information in Beijing, China, (b) will use the Information only for internal purposes and to communicate with myself, (c) will not share the Information with any other third parties, and (d) after the close of the Games, will destroy or permanently delete the Photos that are not used for the Ceremonies, along with the Information submitted with them.

　　7. I hereby warrant that I have the full power and authority to execute this Statement, to grant the rights and licenses granted herein, and otherwise to perform the obligations herein. Further, I hereby warrant that the Photo(s) have never been used or displayed in public for commercial purposes, and that I have not granted to any third party any rights to use or display the Photo(s) for commercial purposes. In addition, I hereby warrant that the Photo(s), or any parts therein, do not violate or infringe any privacy, publicity or intellectual right of any party. I hereby irrevocably (a) waive, for the benefit of BOCOG and its designees, and agree not to asset, any “moral rights of authors” and “droit moral” rights and any similar or analogous rights under the applicable laws of any country and jurisdiction in the world; and (b) waive any and all claims, of any nature whatsoever, against BOCOG and its designees, which claims I now or may hereafter have for infringement of the Photo(s).

　　8. I agree to promptly execute any additional agreement or document, if deemed necessary by BOCOG, which may include covenants and warranties pertaining to the use of the Photo(s).

　　9. I agree that this Statement and the Announcement shall be construed in accordance with the law of China. In case of any dispute arising out of or in connection with this Statement, the parties hereto shall first endeavor to solve it through consultation with each other. If consultation fails after thirty (30) days, I agree to solve the dispute through arbitration proposed by BOCOG; in this case, either party may submit the dispute to the China International Economic and Trade Arbitration Committee for arbitration in Beijing in accordance with its rules then in effect.

　　10. This statement shall take effect upon my signature.

　　By signing below, I agree to the terms and conditions of this Copyright Owner Statement and Consent.

　　Name of Copyright Owner:

　　Signature of Copyright Owner:

　　Date:

　　Filename of Photo(s) saved in JPG Format:

(责任编辑：海盗)