TERMS AND CONDITIONS FOR THE XPERIA 48 HOUR

TERMS AND CONDITIONS FOR THE XPERIA 48 HOUR COMPETITION (“Competition”)
1. This Competition is organised and hosted by Sony Mobile Communications AB, 221 88 Lund, Sweden
(“Promoter”).
2. By entering this Competition you (“You” or “Participant”) accept and agree to the following terms and
conditions (i) the Sony Mobile Legal Notice including User Terms and Privacy Notice available at
www.sonymobile.com/Legal, (ii) the following terms and conditions below together with any instructions
on how to enter this Competition, (iii) Facebook Promotional Terms and Conditions and (iv) Instagram
Terms and Conditions (i), (ii), (iii) and (iv) collectively being “Terms and Conditions”.
3. The period of entry for the Competition commences Saturday 13th June 2015 at 00:01 BST to Monday
15th June 2015 at 00:00 BST (“Competition Closing Date”).
4. The Competition is only open to residents of countries where the Competition is locally available. These
consist of: United Kingdom, Republic of Ireland, Netherlands, China, Taiwan, Brazil, Spain, France, Greece,
Germany, Poland, Hungary, Austria, Switzerland, Russia, Ukraine, United States of America, Canada,
Mexico, Colombia, Chile, Argentina, Turkey, Egypt, Saudi Arabia, United Arab Emirates, South Africa,
Indonesia, Philippines, Singapore, Australia, India (excluding the State of Tamil Nadu), Sweden, Norway,
Denmark, Finland.
Residents of Italy are excluded from winning but may still participate.
5. All Participants must be aged at least 18 years old at the date of entry of this Competition. Participants
cannot be legal entities.
6. This Competition is made available to enter without any obligation to make a purchase for entry.
7. Notice to Canadian residents:
Residents of the Province of Quebec are excluded from entering.
If a winner is a Canadian resident, he/she will be required to correctly answer, without
mechanical aid, a time limited mathematical skill testing question to be administered by
telephone, at a time mutually convenient for Participant and Promoter, prior to verification and
award of prize.
8. By clicking the ‘I’m in’ button, the user accepts and is bound by the T&Cs.
9. Employees and immediate relatives of employees of the Promoter or of its respective parent, subsidiary
or affiliated companies or any other person connected with this Competition are excluded from
participation.
10. To participate, You need to enter the Competition via
https://apps.facebook.com/sonyxperiahub/global/48hour (any website and/or platform(s) and/or
application(s) used to enter the Competition shall be collectively known as “the Platform”). Each
Participant has to:
i. Access the competition tab within the Inside Xperia app on the Sony Mobile Facebook page –
https://apps.facebook.com/sonyxperiahub/global/48hour
ii. Read the instructions on how to enter the competition
iii. Follow the @sonyxperia Instagram channel
iv. Follow the instructions on how to upload the original photo to Instagram, accompanied by the
#ICan and #Xperia hashtags and @sonyxperia handle and hashtag the image location e.g.
#London. You will also need to follow these rules:
A. All non-original imagery will be disqualified from entry and removed from the #ICan
#Xperia gallery.
B.
All imagery not containing both hashtags #ICan and #Xperia will be disqualified and
not included in the competition
C.
All imagery containing product placement or which advertises another brand,
product or service not Sony Mobile Communications will instantly be disqualified
and legal action may be taken
D. The submitted photo may only include images of you and/or scenery. The image
should be of where you live or the surrounding area, whether this is a city-view or a
beautiful meadow and must be in keeping with Sony’s image and must be intended
for family audience viewing and must not, in the sole and unfettered discretion of
Sony, contain any nude, sexually explicit, disparaging, discriminatory or other
inappropriate content. It may not be offensive, nor can it defame, or invade upon
the publicity rights or privacy of any person or otherwise infringe upon any person
or entity’s intellectual property, personal or proprietary rights, as determined by
Sony and the judges in their sole discretion. Each entrant must either (i) be the sole
and exclusive owner of all rights (including, without limitation, all intellectual
property rights in and to all content and elements incorporated into or used in the
Entry; or (ii) have the express written permission to such content and elements
from the owner(s) of the rights to such content and elements. Any submission that
includes likenesses of third parties or contains content or elements not owned by
the entrant (such as, but not limited to, use of proprietary names, trademarks, or
logos) must be able to provide written legal releases (in a form satisfactory to Sony)
that permit the entrant to use such content and elements in the manner used and
that permit Sony’s right to use the content and materials in accordance with these
rules.
11. There are a total of 49 (forty nine) prizes (“Prizes”) to be won during the Competition. 48 (forty eight)
runner up prizes, one per winner per participating country, consist of an Xperia Z3 or Xperia Z3 Compact
smartphone each valued at approximately €678.87. The grand prize up to the value of €10,000 consists of
1 (one) weekend trip for 2 people to Niagara Falls, USA (“Grand Prize”) please refer to the Grand Prize
T&C’s for further details (please see below).
12A. All photos validly submitted for the Competition will be judged as follows: 3 validly submitted photos
per participating country will be chosen by the Promoter based on the following criteria - originality,
creativity and relevance of the photo in relation to the Competition set forth by the Promoter. Shortlisted
participants will be contacted via Instagram Direct Message by a representative from Sony Mobile
Communications who will require the participant’s email address to progress further. Shortlisted
participants will be required to answer a creative question to determine their account is genuine. Your
IMEI number may be requested to confirm you took the photo on your Xperia.
The shortlist selection will be at the Promoter’s sole discretion. 1 (one) Prize winner will be chosen from
the Promoter’s shortlisted entries by an impartial representative from the World Photography
Organisation. Each Prize winner will then enter the Competition to win the Grand Prize.
12B. The grand prize photo will be selected as follows: please refer to the Grand Prize T&C’s for further
details (please see below).
13. The Judges’ decision is always final and binding. In their impartial evaluation the Judges will ensure
that the winning entry complies with these Terms and Conditions. No correspondence will be entered into
regarding this Competition, including but not limited to the selection procedure.
14. Any and all information supplied by You as part of any entry must be correct and up to date at the
time that information is provided to the Promoter, including information regarding Participant’s name,
resident country and e-mail address. If any information provided is incomplete and/or not correct or
accurate, your entry will be considered incomplete and therefore invalid. Invalid entries will not be
accepted for the purposes of the Competition. The Promoter reserves the right to select an alternative
Winner in the event that the Promoter has reasonable grounds for believing that a Participant has
contravened any of these Terms and Conditions.
15. Winners must provide shipping details by 10th July 2015.
16. Shipment of runner up prizes will be approximately 4 weeks after launch in winner’s local market.
17. Where required by mandatory local law, the identity of the Winners will be published. By participating
to this Competition, the Participant agrees to see his or her name and, where applicable, picture, made
available to the public via any applicable media or platforms selected by the Promoter in its reasonable
discretion.
18. All Participants are responsible for any costs or expenses incurred by them as a result of participation
in the Competition (including without limitation costs for sending a sms, mms or accessing the Internet).
Costs to enter the Competition via the Internet may vary so please check with your local service provider
for current charges.
19. Unless mandatory local law states otherwise Participant is responsible for any costs, taxes, duties or
levies incurred as a result of participating in or winning the Competition. In addition, Participant agrees
and accepts that by winning the Competition Participant may incur taxes, duties or other levies including
but not limited to any prize tax etc under any applicable laws and regulations. Participant unconditionally
accepts to bear any such tax, duty or other levy on behalf of Participant or an accompanying guest.
20. No responsibility will be accepted for entries lost, delayed, misdirected, damaged, or undelivered,
whether due to technical difficulties affecting electronic communication or else.
21. The Prizes are as stated and are non-transferable and cannot be exchanged. No cash or credit
alternatives will be offered. If due to circumstances beyond the Promoter’s control the Promoter is unable
to provide the stated Prize(s), the Promoter reserves the right to award as substitute a Prize of equal or
higher value.
22. The Participant grants Promoter (and any company within its group of companies) any and all rights
necessary for distribution and public display of any submitted text, image, or other intellectual property
rights that may arise from participation in this Competition (including each and every Entry), the Prizes or
related publicity, and grants Promoter the perpetual right to exclusively, royalty-free and without
limitation freely use, modify, edit, copy, reproduce, distribute, translate, create derivative works from,
alter and publicly display, broadcast or publish any such intellectual property rights including without
limitation, Your name, voice, likeness or any other identifiable representation of You (“Likeness”), for
whatever purpose, in any form or medium, either on the Platform or any other Promoter owned and/or
controlled website, platform or property, whether promotional or in other activities or events arranged by
Promoter, whether locally or worldwide.
23. Any personal information, including, without limitation, the Participant’s name, age, address
(including postcode), mobile phone number and/or email address will be used solely in connection with
this Competition and will not be disclosed to any third party except for the purpose of this Competition
(including subsequent promotions as stated in these Terms and Conditions) or fulfilling Prizes where
applicable. The Sony Privacy Notice displayed at http://www.sonymobile.com/global-en/legal/ under
“Privacy” applies to any processing of data performed in connection herewith. Participant agrees to keep
his user name and password secure and not to divulge it to any third party.
24. By accessing the Platform, Participant agrees to be bound by these Terms and Conditions, which may
be amended or varied at any time by the Promoter.
25. The Promoter will not be responsible for any failed connection by the Participant’s attempt to access
the Platform for whatever reason.
26. The Promoter will under no circumstance whatsoever irrespective of the cause therefore, be liable for
any loss, damage or injury to the Winner to property, or else caused or suffered in connection with this
Competition or any Prize(s) awarded in connection herewith.
27. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, The Promoter will under no
circumstance whatsoever be liable for any delays, changes, disruptions, cancellations, diversions or
substitutions, unavailability of the Prize due to local public holidays or other conditions affecting
availability or enjoyment of the Prizes, nor any act or omission whatsoever by any form of transportation
and/or accommodation included in the Prize. The Promoter shall not be liable in respect of any nonperformance of its obligations by reason of any act of God, civil war or strife, hostilities, act of foreign
enemy, invasion, war, satellite failure, legal enactment, governmental order or regulation or any other
cause beyond its respective control.
28. The Platform may contain links to other websites, resources and advertisers. The Promoter shall not
be responsible for the availability of these external sites nor does Promoter endorse or agree to be
responsible for the contents, advertising, products or other materials made available on or through such
external sites. Under no circumstances shall the Promoter be held responsible or liable, directly or
indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the
use of or reliance on any content, goods or services available on such external site. Participants should
direct any concerns directly to such external site's administrator or webmaster.
29. The Platform shall be used for lawful purposes only. Entries shall not contain any material and/or
statement which violates or infringes in any way upon the rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or
otherwise objectionable, which encourages conduct or is conduct that would constitute a criminal
offense, gives rise to civil liability or otherwise violates any applicable law. Entries failing to comply with
this provision will be disqualified without prior notification.
30. Promoter reserves the right at any time and from time to time without any liability whatsoever, to
modify or discontinue, temporarily or permanently the Platform, including this Competition, with or
without prior notice to Participants.
31. Disclaimer of Warranty and Limitation of Liability
A. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE
PROMOTER OR ANY PERSON OR ENTITY INVOLVED IN ARRANGING, HOSTING, CREATING,
PRODUCING OR DISTRIBUTING THE PLATFORM OR THE COMPETITION BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
USE OF OR INABILITY TO USE THE PLATFORM OR OUT OF THE BREACH OF ANY WARRANTY,
PARTICIPATION IN THE COMPETITION OR ELSE.
B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROMOTER’S LIABILITY OR OF
ANY PERSON OR ENTITY INVOLVED IN THE COMPETITION AS STATED IN A. ABOVE SHALL FOR
ANY REASON WHATSOEVER BE LIMITED TO MAXIMUM EUR 600.
C. THE PROMOTER NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY
OF ANY OPINION, ADVICE OR STATEMENT ON THE PLATFORM, NOR FOR ANY OFFENSIVE,
DEFAMATORY OR OBSCENE POSTING MADE ON THE PLATFORM.
32. The Participant may direct any question regarding the Competition by post to: Sony Mobile
Communications AB, 221 88 Lund, Sweden
33. The participant agrees by accepting these terms and conditions that their participating entries can be
shared on Sony Mobile Communications social networks, Globally and Locally, for the purpose of
celebrating and thanking participants. Photos will be accredited to their owners.
Terms & Conditions: On Display & Instagram
Participant Agreement
By participating in the Sony Mobile On Display application, you hereby agree to these Terms and
Conditions and Privacy Policy. Sony Mobile also agrees to abide by these Terms and Conditions and
Privacy Policy. Sony Mobile may terminate the Website or your use thereof at any time at its sole
discretion.
Each Participant acknowledges that he or she could be identified by the information provided in the
registering process of the application “Instagram”, (this can be e-mail, user name, telephone number and
photo, as well as, as the case may be, the information contained in his/her Identification Number
Document or passport in force). The Promoter reserves the right to verify such data for the purposes of
verifying identity of Participants.
Each Participant acknowledges that any of the Photos submitted will be uploaded through his or her own
accounts to “Instragram” and will be visible in the On Display application, through the use of the specific
hashtag. The photos will be shown on the application, available for other Participants to see provided that
the Promoter reserves the right to deny or refuse any images or photos that the Promoter considers
inappropriate. Each Participant expressly authorizes the Promoter to use, reproduce, represent, publish,
transform and spread in the Web and/or “Instagram” free of charge any photo uploaded by the
Participant. Each Participant also authorizes the other participants to access and display the Photo/s
uploaded in “Instagram” free of charge.
Allowable participants
You must be 18 years of age or older, and have the legal right to enter into this agreement and to grant
any and all rights - to your User Submission Content ("Content") in the form of Photo asset.
Images must be the entrants own and not taken from any other source.
Non-confidentiality
Your Content will be publicly displayed, you understand and agree that it will not be treated in
confidence. To the contrary, many people from around the world will be able to see the photo that you
post publically on Instagram using the #ICan #Xperia hashtags. Your photos will be included in a live
gallery alongside images from all other participants.
Licensed Use Of & Restriction of User Generated Content
The Instagram APIs are owned by Instagram and are licensed to Sony Mobile on a worldwide, nonexclusive, non-sublicenseable basis on the terms and conditions set forth herein. These terms define legal
use of the Instagram APIs, including all updates, revisions, substitutions, and any copies of the Instagram
APIs made by or for you. Instagram user photos and videos ("User Content") are owned by the users and
not by Instagram. All rights not expressly granted to Sony Mobile are reserved by Instagram.
Sony Mobile Shall:
· Comply with the Instagram Terms of Use at http://www.instagram.com/legal/terms
· Comply with any requirements or restrictions imposed on usage of User Content by their respective
owners. Although the Instagram APIs can be used to provide users with access to User Content, neither
Instagram's provision of the Instagram APIs to Sony Mobile nor Sony Mobile’s use of the Instagram APIs
override User Content owners' requirements and restrictions, which may include "all rights reserved"
notices (attached to User Content by default when uploaded to Instagram), Creative Commons licenses or
other terms and conditions that may be agreed upon between you and the owners. In ALL cases, users are
solely responsible for making use of User Content in compliance with owners' requirements or
restrictions.
· Comply with any other terms and conditions a user has attached to his or her User Content. For
example, if the On Display application has any cached copies of User Content that has become "private,"
Sony will remove such User Content as soon as reasonably possible at the request of the user.
· Remove User Content from the application that the owner asks to be removed.
· Disclose in the application through a privacy policy or otherwise displayed in the footer of each page,
how Sony Mobile collects and uses data.
Sony Mobile Shall Not:
· Use the Instagram APIs to spam, or otherwise harass users with unwanted likes, comments or other
actions.
· Use the Instagram APIs to post automated content to Instagram, including likes and comments that
were not initiated and entered by an Instagram user.
· Attempt to cloak or conceal its identity or application's identity when requesting authorisation to use
Instagram APIs.
· Display more than 30 Instagram photos or videos per page in the application or use an unreasonable
amount of bandwidth.
· Cache or store any User Content other than for reasonable periods in order to provide the service it is
providing to Instagram users.
· Use the Instagram APIs for any application that constitutes, promotes or is used in connection with
spyware, adware, or any other malicious programs or code.
· Use the Instagram APIs in any manner or for any purpose that violates any law or regulation, or any
rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of
personality.
· Use Instagram as a generic image hosting service for banner advertisements, graphics, etc.
· Use the Instagram APIs in a manner that adversely impacts the stability of Instagram.com servers or
adversely impacts the behavior of other applications using the Instagram APIs. Further, we reserve the
right to rate limit or block applications that make a large number of calls to the API that are not primarily
in response to direct user actions.
· Sell, lease, or sublicense the Instagram APIs or access thereto or derive revenues from the use or
provision of the Instagram APIs, whether for direct commercial or monetary gain or otherwise.
Other Conditions/Restrictions
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE THE ON DISPLAY APPLICATION,
TAMPER WITH THE AGGRGEATION PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION
OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN
ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH
INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
Contact
The Participant may direct any question regarding the activity by post to Sony Mobile: Sony Mobile
Communications AB, 221 88 Lund, Sweden
GRAND PRIZE T&CS
TERMS AND CONDITIONS FOR THE 48 HOURS COMPETITION (“Competition”)
This Competition is organized and hosted by Sony Mobile Communications AB, 221 88 Lund, Sweden
(“Promoter”) from: 13 June 2015 to 14 June 2015.
By entering this Competition you accept and agree to the following (i) the Sony Mobile Legal Notice
including User Terms and Privacy Notice available at www.sonymobile.com/Legal and (ii) the following
terms and conditions below together with any instructions on how to enter this Competition ((i) and (ii)
collectively “Terms and Conditions”).
The Competition is only open to residents of countries where the Competition is locally available. These
consist of: United Kingdom, Republic of Ireland, Netherlands, China, Taiwan, Brazil, Spain, France, Greece,
Germany, Poland, Hungary, Austria, Switzerland, Russia, Ukraine, United States of America, Canada,
Mexico, Colombia, Chile, Argentina, Turkey, Egypt, Saudi Arabia, United Arab Emirates, South Africa,
Indonesia, Philippines, Singapore, Australia, India (excluding the State of Tamil Nadu), Sweden, Norway,
Denmark, Finland, Japan.
Residents of Italy are excluded from winning but may still participate.
1.
To enter, you (“You” or “Participant”) need to enter the Competition. Each Participant has to:
i.
Be a minimum age of 18 at the date on submitting an entry (“Entry”);
ii.
Access the competition tab within the Inside Xperia app on the Sony Mobile Facebook page –
https://apps.facebook.com/sonyxperiahub/global/48hour
iii.
Read the instructions on how to enter the competition
iv.
Follow the @sonyxperia Instagram channel
v.
Follow the instructions on how to upload the original photo to Instagram, accompanied by the
#ICan and #Xperia hashtags and @sonyxperia handle and hashtag the location the image was
taken e.g. #London. You will also need to follow these rules:
E.
All non-original imagery will be disqualified from entry and removed from the #ICan
#Xperia gallery.
F.
All imagery not containing both hashtags #ICan and #Xperia will be disqualified and
not included in the #ICan #Xperia
G. All imagery containing product placement or which advertises another brand,
product or service not Sony Mobile Communications will instantly be disqualified
H. The submitted photo may only include images of you and/or scenery. The image
should be of where you live or the surrounding area, whether this is a city-view or a
beautiful meadow and must be in keeping with Sony’s image and must be intended
for family audience viewing and must not, in the sole and unfettered discretion of
Sony, contain any nude, sexually explicit, disparaging, discriminatory or other
inappropriate content. It may not be offensive, nor can it defame, or invade upon
the publicity rights or privacy of any person or otherwise infringe upon any person
or entity’s intellectual property, personal or proprietary rights, as determined by
Sony and the judges in their sole discretion. Each entrant must either (i) be the sole
and exclusive owner of all rights (including, without limitation, all intellectual
property rights in and to all content and elements incorporated into or used in the
Entry; or (ii) have the express written permission to such content and elements
from the owner(s) of the rights to such content and elements. Any submission that
includes likenesses of third parties or contains content or elements not owned by
the entrant (such as, but not limited to, use of proprietary names, trademarks, or
logos) must be able to provide written legal releases (in a form satisfactory to Sony)
that permit the entrant to use such content and elements in the manner used and
that permit Sony’s right to use the content and materials in accordance with these
rules.
2.
This Competition is without any obligation to make a purchase for entry.
3.
There is one (1) prize (“Prize”) to be won valued at approximately €678.87. The winner
(“Winner”) will be selected as follows: A representative from The World Photography
Organisation will select a winning photo selected based on the following criteria - originality,
creativity and relevance of the photo in relation to the competition criteria as determined by the
judging panel in their sole discretion. The Prize consists of a trip for 2 persons (consisting of the
Winner and accompanying guest who must also be 18 or over) to Niagara falls, USA (“Event”)
including the following components:
i. International economy flights from origin country (Winner is responsible for
travel to/from their home to the airport; the airport will be determined by the
Promoter)
ii. Accommodation in 4* hotel for 6 nights (1 room for 2 people)
iii. Breakfast everyday
iv. Airport transfers in Niagara Falls
v. A total of [$500] spending money per person for the entire Event
vi. Travel Insurance for Winner & accompanying guest
4.
Once the winner has accepted the prize, they must provide 3 sets of dates to travel. The
promoter will then choose one of these dates for the winner to travel. These dates must be
between 01 August 2015 and 30 November 2015.
5.
The period for entry in the Competition commences 13 June 2015 at 00:00:00 GMT and runs to
14 June 2015 at 23:59:59 GMT which is the closing date for the Competition (“Competition
Closing Date”).
6.
Notice to Canadian residents: Residents of the Province of Quebec are excluded from entering. If
a winner is a Canadian resident, he/she will be required to correctly answer, without mechanical
aid, a time limited mathematical skill testing question to be administered by telephone, at a time
mutually convenient for Participant and Promoter, prior to verification and award of prize.
7.
Employees and immediate relatives of employees of the Promoter or of its respective parent,
subsidiary or affiliated companies or any other person connected with this Competition are
excluded from participation.
8.
Participants cannot be legal entities.
9.
In the event complete and correct information is not provided, the Entry will be considered
incomplete and therefore invalid. Invalid forms will not be accepted as valid Entries to the
Competition. The Promoter reserves the right to select an alternative Winner in the event that
the Promoter has reasonable grounds for believing that a Participant has contravened any of
these Terms and Conditions.
10.
The Winner of the Prize will be notified by e-mail by or on behalf of the Promoter by 3rd July
2015. To receive the Prize the Winner must respond to the notification email and provide all
registration information requested in the Prize Claim Form no later than 7 calendar days after the
date of receipt of the email notification. It is each Participant’s responsibility to regularly check
their email account within this time period and to respond the email notification within the
required time frames, failing which, the Promoter reserves the right to select another Winner of
the Prize.
11.
If the Winner does not respond to the email notification email before the 7 calendar day
deadline and provide all of the details set out in the clause above, an email notification will be
sent confirming that they are no longer eligible to claim the Prize.
12.
The Winner and accompanying guest will be required to provide a fully completed Prize Claim
Form within the required timeframes. Winner acknowledges and agrees that fulfillment of the
Prize will not be possible without the Promoter receiving a fully completed Prize Claim Form as
requested by or on behalf of the Promoter.
13.
Where required by mandatory local law, the identity of the Winner will be published. By
participating to this Competition, the Participant acknowledges and agrees that his or her name
and/or geographic location may be made available to the public.
14.
Dates of the Event may be subject to change due to circumstances beyond the Promoter’s
control including without limitation, the rescheduling of the Event by the Event’s organizer(s). In
the case of a change of date for the Event, the Promoter will notify the Winner as soon as is
reasonably practicable. In the case of a change of date for the Event, where tickets to any
rescheduled Event are made available to the Promoter, Promoter shall make available to the
Winner tickets to any such rescheduled Event. If the Winner cannot accept the Prize on the
rescheduled date(s), the Promoter reserves the right to select an alternative winner instead, in
which case the Winner originally notified by us forfeits his or her right to the Prize.
15.
In case a Winner is not available to attend the Event, Winner and accompanying guest forfeit all
rights to attend the Event and Promoter reserves the right to select an alternative winner. If
necessary, Winner and accompanying guest must obtain any approval appropriate for travel and
absence during the above mentioned time period for the Event. Winner and accompanying guest
must travel together.
16.
Winner and accompanying guest must have valid travel documentation such as passport
(minimum validity six months from outbound travel date) or visa as applicable and comply with
any customs, immigration or other regulatory requirements for full and unlimited attendance.
Winner and guest must also have valid and appropriate travel insurance (where not expressly
included as part of the Prize). Any costs for obtaining required travel documentation or insurance
shall be borne by Winner and guest and will not be reimbursed in whole or in part by Promoter.
17.
Winner and accompanying guest are responsible for all other costs and expenses not expressly
described as included as part of the Prize. This includes, without limitation, costs such as
transportation to and from the airport in the Winner’s city of residence, additional
accommodation if required, meals not specifically referenced, gratuities, telephone calls, taxes
and all other items of a personal nature.
18.
All Participants are responsible for any costs or expenses incurred by them as a result of
participation in the Competition (including without limitation costs for sending a sms, mms or
accessing the Internet). Costs to enter the Competition via the Internet may vary so please check
with your local service provider for current charges.
19.
Unless mandatory local law states otherwise Participant is responsible for any costs, taxes, duties
or levies incurred as a result of participating in or winning the Competition. In addition,
Participant agrees and accepts that by winning the Competition Participant may incur taxes,
duties or other levies including but not limited to any prize tax etc under any applicable laws and
regulations. Participant unconditionally accepts to pay any such tax, duty or other levy in full on
behalf of Participant or an accompanying guest.
20.
No responsibility will be accepted for Entries lost, delayed, misdirected, damaged, or
undelivered, whether due to technical difficulties affecting electronic communication or else.
21.
All Prizes are as stated and are non-transferable and cannot be exchanged. No cash or credit
alternatives will be offered. If due to circumstances beyond the Promoter’s control the Promoter
is unable to provide the stated Prize(s), the Promoter reserves the right to award as substitute a
Prize of equal or higher value. All Prizes are subject to the terms and conditions of any supplier(s)
of relevant services included in the Prize (for example, airline carriers, providers of hotel or other
accommodation, Event organizers and Event venue rules and policies).
22.
The Participant grants Promoter (and any company in its group of companies) any and all rights
necessary for distribution and public display of any submitted text, image, or other intellectual
property rights that may arise from participation in this Competition, the Prizes or related
publicity, and the irrevocable, unrestricted right to use, publish, display and distribute materials
bearing Your name, voice, likeness or any other identifiable representation of You (“Likeness”).
The Participant grants Promoter the perpetual right to exclusively, royalty-free and without
limitation freely use, modify, edit, copy, reproduce, distribute, translate, create derivative works
from, alter and publicly display or publish any such intellectual property rights, for whatever
purpose, in any form or medium, whether promotional or in other activities or events arranged
by Promoter, whether locally or worldwide.
23.
The Participant agrees that all materials containing their Likeness (including, without limitation,
all negatives, plates and masters of any photographs, files, prints or tapes) shall be and remain
the sole and exclusive property of Promoter and assign any proprietary right they may have
acquired in or to such material to Promoter. The Participant releases and forever discharges
Promoter from any and all liability and damages relating to the use of my Likeness or any other
identifiable representation of me. The Participant waives any right they may have to inspect or
approve the finished materials or any part or element thereof that incorporates their Likeness or
any other identifiable representation.
24.
Any personal information, including, without limitation, the Participant’s name, age, address
(including postcode), mobile phone number and/or email address will be used solely in
connection with this Competition and will not be disclosed to any third party except for the
purpose of this Competition (including subsequent promotions as stated in these Terms and
Conditions) or fulfilling Prizes where applicable. The Sony Mobile Privacy Notice displayed at
www.sonymobile.com/Legal under “Privacy” applies to any processing of data performed in
connection herewith.
25.
The Promoter will under no circumstance whatsoever irrespective of the cause therefore, be
liable for any loss, damage or injury to the Winner and/or accompanying guest, nor to property,
or else caused or suffered in connection with this Competition or any Prize(s) awarded.
26.
The Winner and accompanying guest understands and acknowledges that attendance at the
Event and participation in any activities during or relating to the Event (“Activities”) bears certain
known, unknown, and unforeseeable risks and that may exceed those which will be accepted
generally. These risks include, but are not limited to: events outside human control, such as
floods, storms or other natural disasters; terrorism; riot; crime; accident; illness, inadequate
security or medical attention; actions or complications resulting from the consumption of alcohol
or other substances; personal injury or death (including due to others’ acts, errors or omission);
and theft of, loss of, or damage to personal property. In exchange for the opportunity to attend
the Event and/or to participate in the Activities, Winner and accompanying guest agree that
Promoter, Promoter’s Affiliates, and their respective directors, officers, servants, agents,
contractors, employees and insurers (“Promoter Parties”) shall not be liable for any damages
arising out of or relating to physical injuries, including but not limited to death or disability,
and/or damage, destruction, or loss of use or enjoyment of property that may be sustained in
any way which result from travel to and from or attendance of the Event, including participation
in any Activities. The heirs, executors, administrators and assigns of Winner and accompanying
guest fully and forever release and discharge, hold harmless and indemnify the Promoter Parties
from and covenant not sue the Promoter Parties for any and all claims, demands, damages
causes of action rights of action, present or future, whether the same be known or unknown,
anticipated or unanticipated, resulting from or arising out of preparation for, travel to,
attendance of and/or participation in the Event or any Activities. The Winner and accompanying
guest acknowledge that travel to and from, attendance of, and participation in the Event or any
Activities is completely voluntary and that Winner and accompanying guest are responsible for
their own safety and welfare. The releases contained in this clause shall apply to the fullest
extent permitted by applicable law.
27.
Promoter reserves the right at any time and from time to time without any liability whatsoever,
to modify or discontinue, temporarily or permanently this Competition, with or without prior
notice to Participants.
28.
Disclaimer of Warranty and Limitation of Liability
A.
IN NO EVENT WILL THE PROMOTER OR ANY PERSON OR ENTITY INVOLVED IN
ARRANGING, HOSTING, CREATING, PRODUCING OR DISTRIBUTING THE COMPETITION
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF THE PARTICIPATION IN THE COMPETITION OR
ELSE.
B.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROMOTER’S LIABILITY OR
OF ANY PERSON OR ENTITY INVOLVED IN THE COMPETITION AS STATED IN A. ABOVE
SHALL FOR ANY REASON WHATSOEVER BE LIMITED TO MAXIMUM EUR 100.
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