1.ORGANIZATION AND ORGANIZER
The following terms and conditions (hereinafter, the “Terms” or “Rules”) regulate the rules for participating in the Xiaomi Global Community “Xiaomi Hall of Fame Agent ” activity (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:xiaomisocialmedia@xiaomi.com(Hereinafter the “Competition Contact”).
2.ACCEPTANCE OF THE COMPETITION'S RULES
By participating in the Competition, you are hereby accepting (i) the Competition’s present Rules as well as (ii) Xiaomi’s Terms of Use and Privacy Policy https://privacy.mi.com/all/languages/. (i) The Participants fully understand and acknowledge that the external social media platforms used in connection with the Activity - including but not limited to Xiaomi Global Community, TikTok, Instagram, Facebook, Twitter and YouTube - DO NOT SPONSOR, ENDORSE OR ADMINISTER THIS ACTIVITY AND THAT THEY SHOULD NOT BE ASSOCIATED WITH THE ORGANIZATION AND MANAGEMENT OF THE ACTIVITY IN ANY WAY. (ii) In addition, Participants acknowledge and hereby accept that the applicable terms of use and privacy policies of the above-mentioned external social media platform and/or as any third party associated with the Activity shall also apply, in addition to the present Terms and policies.
3.PARTICIPANT'S ELIGIBILITY
In order to participate in the Competition, the Participant must have the legal age of the Territory from which he/she participates and have the legal capacity according to the applicable laws of its place of residence. (Hereinafter the “Participant(s)” or “You”). Upon the Organizer’s request, Participant must be able to demonstrate at any time and, within a reasonable period, that he/she meets the necessary above-mentioned conditions to participate in the Competition. The Organizer’s employees and/or their family members up to the second degree or any affiliates or company related to the organization or management of the Competition may not participate in the Competition. Where Inaccurate or erroneous data are provided by the Participant, the Organizer reserves the right to reject or disqualify the Participant from the Competition and so without giving any reasons or notice.
4.THE DURATION OF THIS COMPETITION
The duration of this Competition is【from 12:00 July 12 2024 [UTC+8] to 23:59 July 18 2024 [UTC+8]】
5.PARTICIPATION MECHANISM
5.1 GENERAL
This Activity is a competition where Participants are invited to share unique marketing strategies, video concepts, or promotional plans that could help promote the Xiaomi 14 Ultra. The Submission Period of storys is from 12:00 July 12 2024 [UTC+8] to 23:59 July 18 2024 UTC+8. The Participants need to successfully upload the photos or videos on Xiaomi Global Community (https://new.c.mi.com/global)
5.2 Eligible Entries
5.3 Winner Selection Mechanism The Winner's selection will be based on the following criteria:
6.SELECTION OF WINNERS AND PRIZES
Users may submit as many entries as they like, but the organizer will only consider the one with highest rank of them to be the winner's work, the other entries will be considered invalid. XIAOMI PRODUCT The official selection of the best outstanding works, choosing 1 winner. On the Xiaomi Global Community platform, there is TOP1 award:
7.WINNERS ANNOUNCEMENT
A provisional Winners list will be published on the【Xiaomi Community 】on【14:00 July 22, 2024】. On Xiaomi Community, the Organizer will display the winners' names and avatars. The organizer reserve the right to publish and display the winning works on Xiaomi Global social media community platforms, including Xiaomi Global Facebook，Twitter，TikTok，Instagram，and Xiaomi Community Platform. The Organizer will contact the Winners by e-mail or by private message in order to confirm their contact information and to ensure the delivery of the Prizes within ten (10) working days following the Winners announcement. The Winners should reply to the Organizer and confirm or provide the requested information (necessary to ensure the proper delivery of the Prize) within seven (7) days after the organizer first contact them. Otherwise they may lose their titles of Winners and corresponding Prizes. In that event, the Organizer reserves the right to use the Prize at its own discretion for other purposes in relation with the Competition. The Prizes will be sent by post to the address confirmed by the Winner(s) within thirty (30) days following the announcement.
8.INTELLECTUAL PROPERTY
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.PERSONAL DATA
Participants in the Competition agree to provide their respective Organizer with the collection of the following personal data: For Winners:
10.LIABILITY AND REPRESENTATION
10.1 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.
10.2 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.
10.3 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.
11.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.
12.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.
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