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MY SPORTING STORY TERMS AND CONDITIONS

MY SPORTING STORY

TERMS AND CONDITIONS


1. ORGANIZATION AND ORGANIZER

The following terms and conditions (hereinafter, the “Terms” or “Rules”) regulate the rules for participating in the “My Sporting Story” (hereinafter the “Competition”) which is organized by Beijing Xiaomi Mobile Software Co., Ltd, with its registered office at: No.018, floor 8, building 6, yard 33, middle Xierqi Road, Haidian District, Beijing, China, 100085, and ID Registration number: 91110108551385082Q. (Hereinafter, the "Organizer") Participation is voluntary and free of charge, except for internet costs or any other connection costs. If you have any questions about this Competition, please write to the following email address: community-1@xiaomi.com (Hereinafter the “Competition Contact”).

2. ACCEPTANCE OF THE COMPETITION’S RULES

By participating in the contest, you are hereby accepting (i) the Campaign’s present Rules as well as (ii) Xiaomi’s Terms of Use and Privacy Policy https://privacy.mi.com/all/languages/.

3. PLATFORM

This Competition is available through Xiaomi Global Community (https://new.c.mi.com/global).

4. PARTICIPANT’S ELIGIBILITY

5. TERM

The duration of this Competition is from 18:00 (GMT+8) on October 22nd, 2024 to 23:59 (GMT+8) on October 29th, 2024 (hereinafter the “Term”).

6. PARTICIPATION MECHANISM

This "My Sporting Story" is a contest related to fashion photography. Participants are invited to share their via creating a new post in the Sports subforum, then share its URL in the comments section off the Competition (hereinafter referred to as "Entries"). Submitting your entry in the stated method of submission is acknowledgement of agreeing to any of your accompanying photo being collected. We will only use your photo in our follow up global community post when announcing the winners (if chosen).

Conditions:

  1. Participants are required to submit the URL to their post in any creative manner including any materials such as texts, photos, and videos related to the competition title, "My Sporting Story". Said materials needs to be the participant's personal story. It is not necessay to include your face in the photo or video uploaded. If participants chooses to submit a photo with their face, they agree to grant the organizer and its affiliates all relevant rights (including but not limited the right of publicity) to allow the organizer and its affiliates to use your photo in our global community of followers when announcing the winner (if selected).
  2. Graphics on any items in the media (photos and videos) should not display anything of the following nature: vulgarity, pornography, political, religion, or violence. Participants should also be fully clothed, and not deliberately appear offensive or pose indecently.
  3. Entries are encouraged to be creative, with all elements having logical connections and inspiring the audience's interest while being related to sports topic.
  4. Minor use of touch-up tools for photography are allowed, such as filter and colour adjusment, as long as it does not already any natural elements of the human anatomy. However, AI creations will not be accepted.

6.1 Eligible Entries

6.2 Winner Selection Mechanism

The winners will be selected based on the following criteria:

7. WINNERS ANNOUNCEMENT

8. SELECTION OF WINNERS AND PRIZES

Two winners will be chosen from the entries. The Community Committee, made up of community members, will review the entries and select the most creative and inspiring stories.

Winning Prizes:

9. INTELLECTUAL PROPERTY AND IMAGE RIGHTS

9.1 ASSIGNMENT OF PARTICIPANTS INTELLECTUAL PROPERTY RIGHTS

BY PARTICIPATING IN THE ACTIVITY, PARTICIPANTS AUTHORIZE THE ORGANIZER (WHICH EXPRESSION SHALL BE UNDERSTOOD AS INCLUDING XIAOMI GROUP COMPANIES, PARENT COMPANIES OR SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS) AND ITS AFFILIATED PARTNERS, TO EXPLOIT, COMMERCIALIZE AND MAKE AVAILABLE TO THE PUBLIC – ALL WITHIN THE STATUTORY LIMITS - DIRECTLY OR THROUGH ITS WEB AND/OR ITS SOCIAL NETWORKS, THE PHOTO(S) CREATED IN CONNECTION WITH THE ACTIVITY AND USE THE PHOTO(S) FOR COMMERCIAL AND/OR ADVERTISING PURPOSES.

THE AFORE-MENTIONED AUTHORIZATION IS GRANTED ON AN EXCLUSIVE AND IRREVOCABLE BASIS; IN THE BROADEST POSSIBLE FORM IN LAW; WITHOUT ANY FORM OF REMUNERATION/COMPENSATION; FOR THE WHOLE WORLD; FOR THE WHOLE LEGAL LIFE OF THE RIGHTS UP TO THEIR PASSAGE INTO THE PUBLIC DOMAIN;

WITH THE CAPACITY TO ASSIGN TO THIRD PARTIES. THIS AUTHORIZATION WILL ALSO COVER ALL EXPLOITATION RIGHTS, INCLUDING THE RIGHTS OF DISCLOSURE AND PUBLICATION, FIXATION, REPRODUCTION, DISTRIBUTION, PUBLIC COMMUNICATION AND MAKING AVAILABLE TO THE PUBLIC, THE RIGHT OF TRANSFORMATION AND COLLECTION RIGHT THAT MAY CORRESPOND TO THE PHOTO(S) OR THE WORK DERIVED FROM IT, AS WELL AS INDUSTRIAL PROPERTY RIGHTS AND ANY OTHER RIGHTS THAT MAY BE DERIVED FROM THE PHOTO(S) AND/OR ITS ELEMENTS.

9.2 AUTHORISATION OF PARTICIPANT IMAGE RIGHT

PARTICIPANTS IRREVOCABLY GRANT TO THE ORGANIZER (WHICH EXPRESSION SHALL BE UNDERSTOOD AS INCLUDING XIAOMI GROUP COMPANIES, PARENT COMPANIES OR SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS) AND ITS AFFILIATED PARTNERS, THE RIGHT TO USE THE PARTICIPANT’S IMAGE AND NAME IN ALL FORMS AND MEDIA INCLUDING COMPOSITE OR MODIFIED REPRESENTATION INCLUDING ADVERTISING, OR ANY COMMERCIAL PURPOSE IN CONNECTION WITH THE ACTIVITY THROUGHOUT THE WORLD AND IN PERPETUITY WITHOUT ANY COMPENSATION.
PARTICIPANTS MOREOVER RELEASE THE ORGANIZER AND ITS PARTNERS FROM ANY CLAIMS THAT MAY ARISE REGARDING THE USE OF THEIR IMAGE, INCLUDING ANY CLAIMS OF DEFAMATION, INVASION OF PRIVACY, OR INFRINGEMENT OF MORAL RIGHTS, RIGHTS OF PUBLICITY, OR COPYRIGHT.

10. PERSONAL DATA

Participants in the Competition agree to provide their respective Organizer with the collection of the following personal data for Winners:

Name;

Email;

Address;

Phone number;

11. COMPLAINTS

All complaints related to the Activity can be submitted through the website https://www.mi.com/global/support. The complaint will be considered within 14 days from the date of its receipt, based on the applicable laws and this T&C. However, the deadline may be extended in the event of reasons beyond the Organizer's control, about which the Participant will be informed.

12. LIABILITY AND REPRESENTATION

12.1 ORGANIZER’S REPRESENTATION

Unless otherwise expressly stated in this term, Organizer and its affiliated or third-party Organizers provide the Competition on best effort basis only and exclude all warranties and conditions of any kind whether expressly or implied. In particular but without limitation, Organizer and its affiliated or third-party Organizers do not warrant or represent that:

(i) The Competition is fit for any purpose or meet Participant requirements or is provided without any errors or deficiencies or that the Competition in compliance with any quality levels, as the case may be;

(ii) The Competition is available to Participant at any time and provided to Participant without disruption, interruption or delay;

(iii) Any information (whether oral or written) obtained by Participant from Organizer or as a result of Participant taking part in the Competition (including any materials or products) will be suitable, accurate, complete, or reliable; and

(iv) That any deficiencies in the Competition, including any defects in performance, operation or functionality of the Competition will be fixed, corrected or otherwise remedied.

12.2. ORGANIZER’S LIABILITY

Organizer is not liable to Participant, regardless of the legal grounds, in particular whether in contract, tort (including negligence) or any theory of liability, in or out of the connection with the participation in the Competition for:

(i) Any indirect, incidental, special or consequential damages;

(ii) Any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect);

(iii) Any damage to and/or corruption or loss of data (whether direct or indirect);

(iv) Any changes, modifications, extensions or limitations (including any suspension of Participant) in the Competition;

(v) Access to Participant account and account data or Participant registration data taking part of the Competition, or any permanent or temporary cessation in the terms or conditions of the Competition (or any part of them).

In the term that Organizer is liable for a breach of these terms, Organizer liability shall be limited to damages which Organizer must typically expect at the time of the conclusion of these Terms due to the circumstances known at the time. Notwithstanding the above, such damages shall not be higher than 100 euros (or equivalent local currency).

Nothing in these Terms shall exclude or limit Organizer:

a) Liability for death, personal injury or fraud or in accordance with any product liability act; and

b) Warranty or liability for damages or losses which may not be lawfully excluded or limited by applicable law. If the laws in the Participant jurisdiction do not allow the exclusion of certain warranties, terms or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages, only the limitations which are lawful in that jurisdiction will apply to the Participant and Organizer’s liability and warranty will be limited to the maximum extent permitted by applicable law.

12.3. PARTICIPANT’S LIABILITY

Participant is entirely responsible for any breach of the obligations under:

(i) These Terms; and

(ii) Any applicable law or regulation in the relevant jurisdictions, including the jurisdiction where you are a resident or from where you are participating in the Competition.

(iii) And for the consequences of any such breach, including any loss or damage which Organizer or any third-party may incur or suffer. Organizer will have no responsibility to Participant or to any third party in respect of such breach.

13. EXPORT CONTROL

Upon participating the Competition, the Participant understands and agrees that: The Competition and the functions, services and goods provided through the Competition are subject to the export controls and economic sanctions laws of multiple jurisdictions containing restrictions on destination, end user and end use, including but not limited to:

(1) not to use of any functions, service or goods for any activities related to military end uses, support of terrorism, nuclear facilities, chemical or biological weapons, missiles, weapons of mass destruction, etc.;

(2) comply with all export, re-export and resale restrictions applicable to the goods.

If Participant's use of the functions and services being provided through the Competition violates, or in our reasonable opinion may violate, the requirements and restrictions of relevant laws, resulting in a compliance risk or adverse impact on the Competition, functions and services and supply of goods, the Organizer reserves the right to suspend, restrict or terminate the provisions of all or part of the goods and services.

14. OTHERS

Organizer reserves the right to change the T&C in case of:

a. changes in applicable general provisions of law resulting in the need to adapt it to these changes in law;

b. removing any errors and clarifying any ambiguities in the T&C;

c. issuance of a judgment or other act by a court or authorized public authority resulting in the need to amend the T&C in order to adapt to such a judgment or other similar act;

d. changes to the functionality of the Website;

e. organizational or legal changes of the Organizer.

Participants will be informed about changes to the Terms and Conditions at least 14 days in advance by publishing information about the planned change on the website [https://new.c.mi.com/global]. If a binding legal provision, judgment, or other similar act of an authorized public authority requires the Organizer to make changes to the Terms and Conditions within a shorter period than specified in above, the notice of the changes to the Terms and Conditions will indicate the shorter period, along with the reason. The modified Terms and Conditions apply to the Participant who does not withdraw from participating in the Activity before the effective date of the changes to the Terms and Conditions.

15. LEGISLATION AND APPLICABLE JURISDICTION

Participation in the Competition will be governed by the Terms, which will be interpreted and applied in accordance with the laws of the Organizer. The Participant has the option of filing claims at a competent court in the country in which the organizer is resident.