2023

1. INTRODUCTION

1.1 The XCMG Future Creator Challenge (“XCMG Future Creator”), is owned and organized by XCMG Construction Machinery Co., Ltd. (“XCMG”), a construction machinery company registered in Xuzhou, China;

1.2 The selected applicants will be entitled to an offline event - XCMG Future Creator, the applicants are obliged to follow the required schedule and complete the tasks (detailed activities are subject to change);

1.3 Online application of the XCMG Future Creator will start from August 8th 2023 to August 31st 2023 (online application period is subject to change);

1.4 The offline event XCMG Future Creator will be held in September to October 2023 (schedule of the on-site tour is subject to change);

1.5 XCMG shall have the right to modify these Terms and Conditions, schedule, clauses or other information of the XCMG Future Creator without prior notice. Applicants should check the updated version of the Terms and Conditions from time to time.

2. APPLICANT REQUIREMENTS

2.1 Applications must be submitted through the Online Application Form.

2.2 No further amendment can be made to the entries once it is submitted;

2.3 All submitted documents and materials should be in English;

2.4 All applicants should be available for the whole XCMG Future Creator program and related promotional activities (dates of the program and promotional activities are subject to change);

2.5 All applicants must provide all required information clearly and accurately.

3. VALIDITY OF APPLICATIONS

3.1 Any incomplete, incorrect or false application will not be accepted and will be void. Applicants shall provide true and accurate information in the application and warrant that all personal data provided is true and accurate. Failure to do so may result in the invalidation of the rights to participate in the XCMG Future Creator Challenge. XCMG disclaims any liability whatsoever for any loss;

3.2 Applicants who violate any of these terms and conditions will be disqualified without further notification;

3.3 XCMG has the final decision on the validity of applications;

3.4 XCMG has the right to retain all information provided by applicants in the application.

4. METHOD OF SELECTION

PHASE 1 - APPLICATION SUBMISSION

4.1.1 The Online Application period of the XCMG Future Creator Challenge starts August 8th 2023 to August 31st 2023;

4.1.2 Participants should complete the application form on the XCMG Future Creator Challenge website, upload the design works and provide the required information;

4.1.3 Each participant is eligible for one entry and one prize only for the XCMG Future Creator Challenge;

PHASE 2 - ANNOUNCEMENT OF SELECTED APPLICANTS

4.2.1 Three applicants will be selected from the 1st round of submissions and these three applicants will automatically form a team to participate in the offline XCMG Future Creator Challenge and the final contest (number of the selected applicants and team organization are subject to change);

4.2.2 XCMG will announce the selected applicants on XCMG social media platforms, on or before 15 September 2023.

PHASE 3 - ONLINE XCMG Future Creator CAMP

4.3.1 Each selected applicant will be entitled to an XCMG Future Creator Challenge, during which the applicants will work together to optimize their design work.

PHASE 4 - THE FINALS

4.4.1 The final round will be held from 16th October to 31st October 2023 in China(the schedule of the finals is subject to change).

PHASE 5 - WINNER ANNOUNCEMENT

4.5.1 The final winners will be announced on XCMG social media platforms.

5. SELECTION OF APPLICANTS

5.1 XCMG will announce the selected applicants on XCMG social media platforms. Selected applicants will be notified through the contact methods provided in their application;

5.2 XCMG will verify any relevant identification information prior to the selection of applicants;

5.3 Selected applicants will be disqualified if they cannot take part in the XCMG Future Creator Challenge for any reason.

6. ISSUING OF PRIZE

6.1 Selected applicants may have their qualification revoked if they do not reply to the invitation after they have been notified of their selections within five days;

6.2 In this scenario, XCMG will select another applicant. In the meantime, the previously selected applicant will be disqualified from the XCMG Future Creator Challenge;

6.3 In any cases of dispute, the decision of XCMG shall be final;

6.4 Information collected, including applicants’ names, will be used for the purposes of promotion and publication of the XCMG Future Creator Challenge on any social media platform. All the information will be kept for ten years starting from the application of the XCMG Future Creator Challenge.

7. ANNOUNCEMENT OF SELECTED APPLICANTS

7.1 XCMG shall have the right to the usage of the information collected, including selected applicants’ names, place of residence, photos or declarations in any announcement and/or all social media advertisements without prior notification;

7.2 Selected applicants shall attend all the promotional events hosted by XCMG during the XCMG Future Creator Challenge (dates of the program are subject to change).

8. DURING THE XCMG Future Creator CHALLENGE

8.1 If there is a cancellation, postponement or change of schedule of XCMG Future Creator Challenge due to unforeseeable and/or uncontrollable circumstances, XCMG is not required to bear any responsibility;

8.2 Selected applicants of the XCMG Future Creator Challenge are not allowed to post/publish any piece of content about XCMG’s competitors or negative comments against XCMG on social media or throughout the offline tour.

8.3 Selected applicants are required to follow the instructions given by XCMG during the program from time to time.

9. VERIFICATION OF APPLICANTS’ IDENTITIES

9.1 XCMG is authorized to verify the identity and place of residence of applicants of the XCMG Future Creator Challenge. The process of verification will strictly comply with the articles of the law on privacy. Any fake, fraudulent, plagiarized, misleading, inaccurate or incorrect identification document or address will make the application void.

10. LEGAL RESPONSIBILITY

10.1 The parties involved in these terms and conditions are XCMG and applicants of the XCMG Future Creator Challenge. These terms and conditions shall have the same effect on the contract;

10.2 The application website of the XCMG Future Creator Challenge may be vulnerable to computer viruses or other disruptive problems caused by visitors or other Internet users who are able to circumvent the security measures implemented by XCMG. XCMG is not responsible for any internet downtime;

10.3 XCMG reserve the right of the qualification of applicants;

10.4 Unless the governmental departments require the information of applicants, personal information of applicants will be kept confidential;

10.5 XCMG shall have the right to take any legal action if applicants breach these terms and conditions;

10.6 Applicants and/or his/her relatives or friends shall not publish any false or libelous statements against XCMG, the XCMG Future Creator Challenge or other applicants;

10.7 Any content on the XCMG Future Creator Challenge website shall not be replicated or quoted for commercial purposes apart from those authorized by XCMG.

11. RIGHT TO THE EXPLANATION OF TERMS AND CONDITIONS

11.1 All disputes arising from these terms and conditions will be resolved in accordance with the law of the People’s Republic of China. No legal appeal is allowed.

12. ACCEPTANCE OF THE TERMS AND CONDITIONS

12.1 Applicants of XCMG Future Creator Challenge are deemed to accept all the terms and conditions set out in this document;

12.2 Applicants are required to bear all the legal responsibility due to breach of the terms and conditions;

12.3 XCMG shall have the right to make adjustments on the terms and conditions, prizes, definitions and/or other information, or cancel the XCMG Future Creator Challenge without prior notification. If there is any discrepancy between these terms and conditions and the promotional statements or terms of the XCMG Future Creator Challenge, these terms and conditions shall prevail;

12.4 All the applicants are required to sign an agreement with XCMG;

12.5 All the applicants hereby give irrevocable and perpetual permission to XCMG to use, edit, modify or reproduce, publish and/or disseminate any and all photos and videos bearing the images of the applicants for any purposes, including but not limited to advertising, publicity and promotional purposes or any other purposes as XCMG considers appropriate, by any means, in any manner and on any platforms that XCMG thinks fit, without prior notice or consent nor indemnity to the applicants.

13. DISCLAIMERS

13.1 The registration fee and judging fee are waived for this competition.

13.2 Participants must ensure that all entries must be original work, designed by the entrants. No third party may own or control any materials the photo contains, and the photo must not infringe upon the trademark, copyright, moral rights, intellectual rights, or rights of privacy of any entity or person.

13.3 Entrants are responsible for the resolution of any legal issues arising from their submitted works and agree to pay any costs thereby incurred.

13.4 XCMG Group reserves the right to disqualify any entry that is deemed inappropriate or does not conform to stated contest rules.

13.5 Copyright holders retain the copyright of their work. For awarded entries, copyright holders grant XCMG Group unlimited, non-exclusive use of high-resolution pictures for activities in all media, including social media, online and print, in relation to the contest and all promotional and educational activities for and under the auspices of XCMG Group, without any remuneration being due.