Xiaomi Smart Band 8 Giveaway Campaign Terms and Conditions

1.TERM

The duration of this Activity is from 22/9/2023 at 08:00 am (GMT+8) to 26/9/2023 at 23:59 pm (GMT+8).

2.COMPETITION ORGANISATION AND ORGANIZER

The Activity is organized by Xiaomi H.K. Limited (hereinafter, the "Organizer"). It is an online interactive activity where the participants could compete and have a chance to win a prize.

3.PARTICIPANT

The Activity is open to anyone who is of legal age and has full legal capacity to enter into contracts legally according to the applicable law of the residence. The Participants warrant and shall be able to demonstrate, at the request of the Organizer, and within a reasonable period, that they meet the necessary qualifications specified in this T&C to participate in the Activity. Any insufficient, inaccurate or erroneous information demonstrated by the Participants shall not be accepted and will result in disqualification from the Activity at any time.

4.ACCEPTANCE OF TERMS

By participating in the Xiaomi Smart Band 8 Giveaway Campaign (hereafter, the "Activity"), you are hereby expressly accepting,

(i) the content of this Terms and Conditions (hereafter, the "T&C"),
(ii) the terms and conditions of use of the Website of Xiaomi Community (https://c.mi.com/global/), Xiaomi Official Social Media (//twitter.com/Xiaomi),
(iii) the privacy policy (https://www.mi.com) of the Website of the Organizer.

The Participants fully understand and acknowledge that the external social media platforms used in connection with the Competition – do not sponsor, endorse or administer this competition and they should not be associated with the organization and management of the competition in any way.

5.PARTICIPATION MECHANISM

Every day at 8 a.m., Xiaomi will share a photo of Xiaomi Smart Band 8. Xiaomi Fans are invited to participate by quote replying to the daily post and using the hashtag #XiaomiSmartBand8 to engage in the conversation.

There will be four winners in total, and Xiaomi will select one winner on each day. Based on the quote replying time, Xiaomi will respectively select the 8th, 28th, 48th, and 68th quote replies during the following four days.

To enter, participants should meet the following criteria:
• Follow Lei Jun: //twitter.com/leijun
• The content of the quote reply should be relevant to the topic, including the hashtag #XiaomiSmartBand8
• Each account is allowed for only one quote reply in the daily post each day. If the participant sends more than one, only the earliest posting will be considered.

Please be noted:
If the number of quote replies does not meet the minimum number required (e.g., 68 quote replies on the fourth day), the results for that day will be considered invalid.
If multiple posts occur within the same minute, the content quality and topic relevance of the posting content will be analyzed and the best posting content will be the winner.
Please remember the comment reply under the daily posting will not be considered.

6.PRIZES

The winner will be awarded one Xiaomi Smart Band 8 (either in Gold or in Graphite Black, randomly selected), valued at €39.9.

Xiaomi (//twitter.com/Xiaomi) will respond to the winner's comment. The winner should send a private message to Xiaomi to confirm the contact information and to ensure the delivery of the Physical Prizes.

The Winners should reply to the Organizer and confirm or provide the requested information (necessary to ensure the proper delivery of the Physical Prizes) within ten (10) days after the Organizer contacts the Winner, otherwise the winner will lose eligibility and corresponding Physical Prize. In that event, the Organizer reserves the right to use the Physical Prize at its discretion for other purposes about the activity.

The Physical Prize will be sent out by the Organizer by post to the address confirmed by the Winner within thirty (30) working days after the postal address is confirmed.

The physical prize do not provide specified color specifications, etc., subject to the actual Physical prize received in the end. If the physical prize is not sent or sent incorrectly due to the winner’s reasons (such as the receiving information BEING wrong, etc.), the loss shall be borne by the winner, the organizer will not reissue it.

7.INTELLECTUAL PROPERTY RIGHTS

All rights to text, graphs, video, audio, trademarks and other materials that may be contained in the Activity (hereinafter, the "Xiaomi Content”) are owned by the Organizer or may only be obtained with the legal authorization of the Organizer, and may not be used in any way by others without the prior written approval of the Organizer or other associated rights holders.

8.PERSONAL DATA

The Participant in the Activity agrees to provide the Organizer with the necessary information for the purpose of organizing and conducting the Activity. Winners in the Competition agree to provide their respective Organizer with the collection of the following personal data:
a. Name & surname;
b. Email;
c. Phone number;
d. Postal address.
Personal data will be kept for the time necessary to guarantee the Participants’ exercise of their rights and actions about the Activity. The Organizer shall only collect and store the above information to: (a) comply with Organizer’s obligations under the law; and (b) conduct the Activity. The Organizer assumes and undertakes no liability for any loss or damage suffered as a result of the use or misuse of non-requested information the Participant submitted.

If the Participant has any concerns about the data management practice, please contact https://privacy.mi.com/support/?locale=en to submit your concerns. We will be happy to resolve your problems directly.

9.LIABILITY AND REPRESENTATION

a. Organizer representation

Unless otherwise expressly stated in the T&C, the Organizer and its affiliates provide the Activity on best effort basis only and exclude warranties and representations of any kind, whether express or implied. In particular but without limitation, the Organizer and its affiliates or third-party Organizer do not warrant or represent that:

The Activity is fit for any purpose or meets the Participants’ requirements or is provided without any errors or deficiencies or that the Activity complies with any quality levels, as the case may be;
The Activity is available to the Participant at any time and provided to the Participant without disruption, interruption or delay;
Any information, whether oral or written, obtained by the Participant from the Organizer or as a result of the Participant taking part in the Activity (including any materials or products) will be suitable, accurate, complete, or reliable; and
That any deficiencies in the Activity, including any defects in performance, operation or functionality of the Activity will be fixed, corrected or otherwise remedied.

b. Organizer liability

The organizer is not liable for any Participant or any third party, regardless of legal grounds, in particular whether in contract, tort (including negligence) or any theory of liability, in or out of connection with the participation in the Activity for:

Any indirect, incidental, special or consequential damages;
Any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation, whether direct or indirect;
Any damage to and/or corruption or loss of data whether direct or indirect;
Any changes, modifications, extensions or limitations, including any suspension of The Participant, in the Activity;
Any infringements and/or infringements relating to this Activity;
Consequence of breach of the corresponding obligations by any Participants or any third party;
Access to The Participant’s account and account data or the Participant’s registration data, or any permanent or temporary cessation in the terms or conditions of the Activities. The Organizer is not responsible for any technical problems that may occur in the operation of the Activity, nor for the costs that may arise therefrom. If the Organizer is liable for a breach of these terms, the Organizer’s liability shall be limited to damages that the Organizer may typically foresee 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 its equivalence in local currency.

Nothing in these T&C shall be construed to exclude the Organizer from:

Liability for death, personal injury or fraud or in accordance with any product liability act; and
Warranty or liability for damages or losses which may not be lawfully excluded or limited by applicable law. If the laws in the Participant’s 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 and the Participant’s and Organizer’s liability and warranty will be limited to the maximum extent permitted by applicable law.

c. The Participant liability

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

The T&C; and
Any applicable law or regulation in the relevant jurisdiction(s), including the jurisdiction where you are a resident or from where you are participating in the Activity. The activity is not available to any country or region which Xiaomi doesn’t sell or officially authorize to sell products. The activity is void in any country or region where prohibited by local laws. It is the responsibility of the Participants to ensure the legality of entering this competition under the laws of their country of residence. Organizer has its own discretion to exclude any territory or participant according to the applicable law. The Participant shall be entirely and exclusively responsible for the contents, messages and/or comments that they incorporate or communicate through Page and website links for this Activity in relation to this Activity. In this sense, each Participant will be responsible in any case for any claim related, directly or indirectly, to the violation of the rights of image, data protection, honor, privacy and any other right owned by a third party that may have been violated by participating in this Activity and keep the Organizer harmless from any liability arising from such violations.

10. EXPORT CONTROL

Upon participating in the Activity, the participant understands and agrees that: The Activity and the functions, services and goods provided through the Activity 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 the Participant's use of the functions and services being provided through the Activity 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 Activity, 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.

11. LEGISLATION AND APPLICABLE JURISDICTION

Participation in the Activity will be governed by the Terms which will be interpreted and applied in accordance with the legislation of the place where the activity is carried out.

12. CONTACT INFORMATION

Organizer: Xiaomi H.K. Limited Address: Suite 3209, 32/F, Tower 5, The Gateway, Harbour City, 15 Canton Road, Tsim Sha Tsui, Kowloon, Hong Kong.