Swarovski Sparkling Future Contest. Official Rules

Transcription

1 Swarovski Sparkling Future Contest Official Rules NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. Void Where Prohibited. 1. Sponsor: D. Swarovski KG, Swarovskistraße 30, 6112 Wattens ( Sponsor ). 2. General Conditions: The Swarovski Sparkling Future Contest (the Contest ) is open to participants who: a. are at least 21 years of age (or at least the age of majority in participant s country of residence); b. are residents of the European Union c. did not purchase products/services distributed by Sponsor, Instagram for the purposes of entering or participating in this Contest, (the Participant ). Employees of the Sponsor, Instagram, and any of their parent and affiliate companies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to enter or participate in this Contest and to win a prize. The entry or participation in this Contest is subject to all applicable federal, state, provincial, territorial, municipal and local laws, directives and regulations and shall be void if prohibited in accordance to the aforementioned laws, directives and regulations. Sponsor reserves the right to cancel, suspend and/or modify the Contest in whole or in part, in particular but not limited to any fraud, technical failures or any other factor beyond Sponsor s reasonable control impairs the integrity or proper functioning of the Contest. Sponsor reserves the right in its sole discretion to disqualify any Participant it finds: a. to be tampering with the Entry processes or the operation of the Contest; b. to be acting in violation of these Official Rules or any other promotion; or c. to be acting in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys fees) from any such person to the fullest extent permitted by law. Sponsor s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Participation in this Contest constitutes Participant s full and unconditional agreement to these Official Rules and Sponsor s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. 3. Timing: The Contest begins on at 18:00 Central European Time ("CET") and ends on at 23:59:59 CET (the " Contest Period"). Sponsor's computer is the official time-keeping device for the Contest. 4. How to Participate: Participation in the Contest includes holding an Instagram account. Registered Instagram account holders must agree to the Instagram Terms (a copy of which can be found at and the Instagram Privacy Policy (a copy of which can be found at Entry: Participants must follow the instructions given of how to use the Sparkling Future Contest application on the Swarovski Crystal Blog page As a second step Participants shall upload an image via their Instagram accounts, or post their photo commenting on the Facebook posting. Finally Participants shall hashtag the uploaded images #sparklingfuture ( Submission ). Participants need not to

2 purchase or depict any Sponsor s products or services in their images. Images that depict Sponsor s products or services will not be given any preference. LIMIT: No limit for uploaded images per person or address during the Contest Period exists. Entries generated by script, macro or other automated means are void. Participant must have permission from all individuals that appear in the Submission to use their likeness in the Submission and to grant the rights set forth herein. If requested, Participant must be able to provide such permission in a form acceptable to Sponsor. In the event that two or more Submissions appear to be substantially similar to one another, Sponsor will judge the Submission that was uploaded first and will not judge the later, substantially similar Submission. In the event of a dispute as to any Entry, the authorized account holder of the address used to register for the Instagram personal account and for the Contest will be deemed to be the Participant and must comply with these Official Rules. The authorized account holder is the natural person assigned an address by an Internet access provider, online service provider or other organization responsible for assigning addresses for the domain associated with the submitted address. Each Participant may be required to show proof of being an authorized account holder. In the event that two different addresses are used for the registrations required to participate in the Contest, Sponsor reserves the right to use either address for the determination of the identity of the Participant. 5. Guidelines for Images and Content Restriction: Participants must ensure that their images comply with the Guidelines and Content Restrictions as defined below ( Guidelines and Restrictions ). By uploading an image, Participants agree that Sponsor, at its sole discretion, may remove an image and disqualify a Participant from the Contest if Sponsor believes, at its sole discretion, that an image fails to confirm to the Guidelines and Restrictions. The Guidelines and Restrictions consist of Technical Guidelines and Content Guidelines: Images must comply in full with both in order to be deemed a Submission. Technical Guidelines: All images must be in a format recognized by Instagram and must not have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means. Content Guidelines: All images must not: a. contain materials that violates or infringes another s rights, including but not limited to privacy, publicity or intellectual property, or that constitutes copyright infringement; b. disparage Sponsor or any other person or party affiliated with the Contest; c. contain brand names or trademarks other than those owned by Sponsor, which Participant has a limited license to use to incorporate in his/her image in this Contest; d. contain images, artwork or other copyrighted material not created by Participant; e. contain material that is indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous (including, without limitation, depictions of nudity, sexual activity, offensive images or language, or other lewd behavior or activities); f. contain material inappropriate for the Contest (including, without limitation, depictions of gang signs/symbols, weapons, violence, threats of violence, alcohol, drugs, or other such inappropriate behavior or activities); g. contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race gender, religion, nationality, disability, sexual orientation or age; h. depict the use of alcohol, whether in moderation or not;

3 i. show license plates, phone numbers, personal addresses (physical or ) or other information that could be personally identifiable of any person (whether that person is the Participant or not); and j. contain material that is unlawful, in violation of or contrary to the laws or regulations in any country (or subpart thereof) where the photo is created. 6. Winner Determination: The winner of the Contest will be determined by a jury of Swarovski s Design & Research Intelligence Team among the submission (the Winner ). Please note that there is no further information about this Contest available. There is no right to appeal. The potential winner will be notified via Instagram on or around and will be asked to send an with the relevant information to sp.onlineteam@swarovski.com. If the potential winner cannot be contacted, or does not comply with these Official Rules, then the potential winner will be disqualified and will forfeit the prize. If the potential winner is disqualified for any reason, the prize may be awarded to another Participant. If the alternate potential winner cannot satisfy the requirements as set forth in these Official Rules and thereby become the overall winner, then the prize will remain un-awarded. THE POTENTIAL WINNER IS NOT A WINNER OF THE PRIZE UNLESS AND UNTIL HE/SHE SATISFIES ALL REQUIREMENTS AS SET FORTH IN THESE OFFICIAL RULES. 7. Prize(s): The Winner win following prize: Two (2) tickets for the ITS Event in Trieste, Italy from July 10 until July 12, 2015 inclusive flight and accommodation (in a double bed room) Approximate Retail Value ( ARV ): EUR 2.500,00 Trip to Trieste, Italy This portion of the Prize will include roundtrip, economy class air transportation for the Winner and guest from a major airport near Winner s home (determined by Sponsor in its sole discretion) to Trieste, Italy; transportation from Trieste airport to hotel (and back to Trieste airport at the end of the trip); two (2) nights' accommodations (the nights of July 10 and 11, 2015) at the four-star Hotel Duchi d Áosta, Trieste, Italy (one double bedroom, incl. breakfast); two (2) tickets to the International Talent Support Event ("Event") ( on July 10 and 11, 2015; dinner while attending the Event (dinner on July 11, 2015); Winner and guest must travel on the dates specified by Sponsor. If Winner cannot travel on the dates specified by Sponsor, Winner may be disqualified. Travel must be roundtrip and Winner and guests must travel on same itinerary. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in this Contest, and those set forth by the Sponsor s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation to/from the Winner s home and the departure airport, passenger tariffs or duties, surcharges, airport fees, travel insurance, passport fees, gratuities, service charges or facility charges, certain meals, personal charges, incidentals, security fees, taxes or other expenses or incidentals are the responsibility solely of winner. Certain travel restrictions, conditions and limitations may apply. Guest of Winner must be at least eighteen (18) years of age or have attained the age of majority in his/her country of residence (whichever is greater). If, in the judgment of Sponsor, air travel is not required due to winner s proximity to Trieste, Italy, ground transportation will be substituted for roundtrip air transportation at Sponsor s sole discretion, and no compensation or substitution will be provided for the difference in prize value. Both the

4 Winner and his/her guests are solely responsible for obtaining all documents required for international travel, including, but not limited to, any passports and visas. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor is not responsible if the Event is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor s sole discretion. No make-up, refund, or substitute prize will be given if the meeting is cancelled. Approximate Retail Value ( ARV ): 2.500,00 EUR. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. Prize is nontransferable and no substitution will be made except as provided herein at the Sponsor s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. NOTE: there is no claim to cash payment 8. Warranties and Representations: AS CONDITIONS OF PARTICIPATION IN THIS CONTEST, EACH PARTICIPANT WARRANTS AND REPRESENTS THAT THE ENTRY DOES NOT VIOLATE APPLICABLE LAWS OR REGULATIONS. Winner will indemnify Sponsor, Released Parties (as defined in Section 9. below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. 9. Release: By receipt of any prize, Winner agrees to release and hold harmless the Sponsor, Instagram, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company s officers, directors, employees and agents (collectively, the Released Parties ) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize, to the greatest extent permitted by applicable law. Depending upon the law of Participant s country of residence, this release may not apply to claims against Sponsor, its representatives and its vicarious agents for damages because of personal injury or death. 10. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Participant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Entry process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Entries, the announcement of the prizes or in any Contest -related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Participant s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Entry. Under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

5 11. Intellectual Property Rights: WITHOUT LIMITING THE GENERALITY OF THESE OFFICIAL RULES, THE WINNER AGREES TO IRREVOCABLY GRANT, TRANSFER, CONVEY AND ASSIGN TO SPONSOR THE ENTIRETY OF THE RIGHTS IN AND TO THE SUBMISSION, ANY DERIVATIVE WORKS MADE THEREOF, AND ALL RENEWALS AND EXTENSIONS OF COPYRIGHT TO ALL SUCH WORKS (INCLUDING THE RIGHT TO SECURE COPYRIGHT REGISTRATIONS THERETO) IN PERPETUITY (OR FOR THE LONGEST PERIOD OF TIME AUTHORIZED BY LAW, BUT IN NO CASE FOR ANY PERIOD OF TIME LESS THAN TEN (10) YEARS) INCLUDING, WITHOUT LIMITATION, THE RIGHTS TO USE THE SUBMISSION FOR ANY AND ALL PURPOSES IN ANY AND ALL MEDIA WHETHER NOW KNOWN OR HEREAFTER DEVELOPED, ON A WORLDWIDE BASIS. UPLOADING A SUBMISSION IN THIS CONTEST ALSO CONSTITUTES PARTICIPANT S WAIVER, TO THE EXTENT PERMITTED BY LAW, OF ALL MORAL RIGHTS CONFERRED UPON PARTICIPANT OR ARISING IN RESPECT OF PARTICIPANT S SUBMISSION ANYWHERE IN THE WORLD. Winner further agrees to assist Sponsor with any or all filings, registrations, or other documentation as may be required to complete and perfect the assignment and transfer of rights. In the event that the Winner cannot transfer and assign the rights to the Submission as contemplated in this section, then Winner grants to Sponsor a non-exclusive, royalty-free, irrevocable, perpetual (or, if perpetual is prohibited by law, for the longest extent permitted by law but in no event less than ten (10) years), worldwide right and license to display, perform, modify, adapt, reproduce, encode, store, copy, transmit, publish, post, broadcast, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used) the Submission, in whole or in part, and any/all works based thereon, for any purpose reasonably related to the Contest, including for promotional or marketing purposes, except where prohibited by law. 12. Data Protection: All information will be submitted directly to the Sponsor via Instagram as part of this Contest. All information submitted to Sponsor will be treated in accordance with Sponsor s Privacy Policy, available at Information submitted to Instagram is subject to Instagram s privacy policy, available at Your personal information will be used to contact the potential winner and for other purposes consistent with these Official Rules. Personal Information means any information you enter to participate in this Contest (as stated in Section 4). Your country of residence may grant you the right to review and correct the personal data stored about you, including its origin, recipient or categories of recipients of the data and the purpose of the storage. In addition, you may have the right to disable and delete your data, depending upon the circumstances. If your country of residence grants you such rights, you may exercise them by making you request in writing. To submit your request, please write to Swarovski Sparkling Future Contest, c/o Online Communication, sp.onlineteam@swarovski.com, Austria and be sure to include the specifics about your request. 13. Disputes: To the fullest extent permitted by applicable law, Participant agrees that any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be governed exclusively by the material law applicable to the place of business of the Sponsor without references to the principles of conflicts of laws. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys fees. 14. Consumer Rights: Nothing in these Official Rules shall be deemed to exclude or restrict any of the Winner's or the Participant's statutory rights as a consumer. 15. Disclosure: This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram D. Swarovski KG. All rights reserved.

6 Data Protection We will process your personal data fairly and lawfully. The processing will be carried out with electronic and automated means. We will use your personal data only for market research to improve our website and our product range, and to keep you informed about our market activities. The data is transferred to other companies within the Swarovski group, and is stored and processed by D. Swarovski KG and by other companies within the Swarovski group in several countries, particularly at the company headquarters in Switzerland, Austria, and Liechtenstein. By registering, you consent to the possibility of being contacted directly by us either by phone or electronic message. The data will not be passed on to any other third parties outside the Swarovski group. By registering, you consent to the possibility of being contacted directly by us either by phone or electronic message without your prior request. By registering with us you are expressly consenting to such use of your data. You cannot register without giving this consent. You can, however, use those parts of our website that do not require registration. If you decide to register you may view and modify your data any time by selecting Profile from the website menu. You can revoke your consent to the storage and the processing of your data at any time by contacting our customer support, with effect for the future. External links Where we refer to the Internet pages of third parties (links), Swarovski accepts no responsibility for the information, statements and material on those linked pages. When you activate the link you are no longer accessing information on Swarovski Internet pages. The information, statements and material of third parties may be subject to different laws and regulations, especially in relation to data protection. This website uses Google Analytics, a web analytics service provided by Google, Inc. ( Google ). Google Analytics uses cookies, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including parts of your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.