1. TERMS AND CONDITIONS OF PARTICIPATION FOR COMPETITIONS
The general terms and conditions of participation apply to the contest Content Creators held by Meller. By participating, each participant shall recognize these terms and conditions of participation.
Entering a competition is free of charge and does not imply any purchase obligation, unless stated otherwise in the terms and conditions of a specific competition.
STELLIO VENTURES S.L, Meller, with address at Carrer de Aragó, 247, Barcelona, Spain, and with CIF number B66279118; hereinafter "the Organizer", creates the Content Creators Contest in order to find new talents to advertise the brand products through the images taken by participants registered with a legal european document of identification.
3. START DATE AND END DATE
The contest will start the 23rd of April, 2020 (Monday) and will end until the 31st of May, 2020 (Sunday)
a. Provided that nothing else has been indicated, those entitled to participate shall include all individuals who are of legal age. Minors and those who are of age whose legal competency is limited, require a written consent from their legal representative in order to participate.
b. Provided that nothing else has been indicated, a person enters the competition by accepting the terms and conditions and/or also sending in required material (e.g. photographs, texts, drawings), filling out the registration form and submitting it. Entering and initiating participation to a Competition implies unconditional acceptance of the present terms and conditions. Each Participant will accordingly be deemed to have read and understood these terms and conditions and accepted them in full together with any decisions taken by the Organizer and/or the selected jury.
d. Should participation require sending in material, each participant confirms to be the rightful owner of any and all (intellectual) property rights related to the uploaded or sent material. By sending, each participant shall transfer ownership to the Organizer as well as comprehensive rights to use the material submitted. The Organizer shall assume no responsibility for any sent material, unless the Organizer or one of its employees act deliberately or are culpable of gross negligence.
e. The participant shall be responsible for the accuracy of the required information, especially the e-mail address. The Organizer shall assume no liability for incomplete or inaccurate information. In the case of indicating false personal information, disqualification from the competition or raffle can take place according to point 6 (2).
5. WINNER ANNOUNCEMENT AND PRIZE NOTIFICATION
a. The prize for the Content Creators Contest will be an iPhone 11 - 128GB of capacity. The Promotion is not sponsored, endorsed, administered or associated in no way to Apple Inc. so participants release Apple Inc. from all responsibility for any damages that may derive from it.
b. Information on prizes can be taken from respective competition announcements and notifications. It is not mandatory that the object presented as a prize as part of the raffle or competition be identical with the object that is won. In fact, there can be deviations with regard to model, color, among other things. The Organizer shall not be held responsible for such deviations.
b. The prize is personal and non-transferable. It shall only be awarded to the Winners and can only be claimed for a certain edition by the winner of the relevant competition. The prize cannot be exchanged for other products, services or cash. The prize is indivisible and can only be accepted as such. The organizer retains the exclusive right to choose the winners.
d. The winners will be notified by e-mail. If it is necessary to contact the winners by another means, this shall be stated accordingly. If the winner does not contact us within a period of four weeks of having received notification, claim to the prize shall be forfeited and a substitute winner shall be determined according to the same process. The winner has the right to refuse the prize by making a written declaration. It this case, claim to the prize shall also be forfeited and a substitute winner shall be determined.
e. Unless specified otherwise, the prize will be shipped to the winner by mail, after being contacted on Instagram or by e-mail.
6. ADS MEDIA RIGHTS POLICY
a.By accepting the terms and conditions, you represent and warrant that you acknowledge sufficient legal capacity to enter into this Agreement, to own the image and there are no other entities with ownership claims over it. You grant MELLER a non-exclusive, revocable and for unlimited time a commercial right to reproduce the image in any form (including, but not limited to, video, internet posting, reproduction, display, email, publication, and distribution in any social media network), either through our own services or services provided by third parties, throughout the world in any medium now known or later developed and without restriction or limitation.
b. You agree that your image may be used by MELLER either alone or in conjunction with sketches, cartoons, captions, films, artwork, textual matter or other photographs. While MELLER will make commercially reasonable efforts to give you credit for your photo and provide a link back to your Instagram account, you agree that such credit is not mandatory and your permission for us to use your image is not contingent upon such credit being given.
c. You waive any right to inspect and/or approve the finished work incorporating the image or the advertising copy that may be used in connection therewith or the use of which said finished work may be applied. Further, you waive any claims to royalties with regards to your image or our finished work.
d. Any provision or any portion of any provision, contained herein is determined to be invalid under any statute or rule of law, then it shall, to that extent alone, be deemed omitted, and the remainder of this Permission to Use Image Agreement shall remain in full force and effect. This Permission to Use Image Agreement shall be governed by the laws of Spain.
7. EXPULSION FROM THE COMPETITION
a. The organizer shall be entitled to refuse participation without any indication of reasons. Principally, there is no entitlement to participate.
b. In particular, this shall apply in the event of non-compliance with the Terms and Conditions, the use of technical means or other manipulative and/or illicit aid. This shall also apply in the case of making numerous applications for the same person to participate and deliberately providing false personal information.
c. Furthermore, the Organizer shall reserve the right to exclude, even retroactively, participants who have already been accepted at any time, as well the right to deny prizes and demand them back.
d. Employees of Meller and possible cooperation partners involved, as well as those appointed by them shall be excluded from participation.
8. TERMINATION AND CHANGES
a. Until the prize has been handed over, the Organizer shall expressly reserve the right to change the course of the competition and/or modify and the type and scope of the prize as well as replace the prize with something else without any indication of reasons.
b. Furthermore, the Organizer reserves the right to end or cancel competitions without any reason or notification. In particular, the Organizer shall make avail of the possibility if, due to technical reasons (e.g. viruses in computer systems, manipulation or error in hardware and/or software) or due to legal reasons, an orderly execution of the competition cannot be ensured. To the extent that such a termination is caused by the behaviour of a participant, the Organizer shall be entitled to demand compensation from this individual for the damages incurred.
9. DATA PRIVACY
a. In order to be able to participate in the competition, it is essential to indicate personal information in a complete manner and that this information is free from error. By participating in a competition, the participant expressively gives the Organizer his/her consent to save and process the required information. Furthermore, the participant expressively gives his/her consent to transfer the data for the purpose of conducting the competition.
b. The participant may revoke his/her consent to process and save the information at any time and thereby withdraw from participation.
c. Upon request, the Organizer shall give each participant information free of charge on all personal data that has been saved by it and shall immediately delete this information upon request free of charge. For this purpose, it is sufficient to send a message via e-mail to firstname.lastname@example.org with a list of the information to be deleted.
d. Meller shall undertake to adhere to legal regulations concerning data privacy
a. The Organizer shall be released from all obligations upon handing over the prize.
b. The Organizer shall not assume any liability for material defects and defects of title of the prizes that have been donated by cooperation partners.
c. Meller, shall only be liable for damages that have been caused by Meller or one of its employees with intent, due to gross negligence, or infringement of cardinal obligations. This shall not apply to injuries, death and/or impairments to the health.
a. Legal action shall be ruled out.
b. If individual provisions should be or become invalid, this shall not affect the validity of the remaining terms and conditions of participation.
c. These terms and conditions of participation can be changed by the organizer Meller at any time without any special notification.