TERMS AND CONDITIONS
1. ORGANIZATION AND ORGANIZER
1.1. The following terms and conditions (hereinafter, the “Terms” or “Rules”) regulate the rules for participating in the “Xiaomi Launch February 2024” (hereinafter the “Activity”) 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”)
1.2. Participation is voluntary and free of charge, except for internet costs or any other connection costs.
1.3. The Terms are made public and will be available for the duration of the Activity contest at https://www.mi.com/global/event/2024/xiaomi-launch-february-2024
1.4. If you have any questions about this Activity, please write to the following email address: mi-event@xiaomi.com. (Hereinafter the “Activity Contact”).
2. ACCEPTANCE OF THE ACTIVITY’S RULES
2.1. By participating in the Activity, you are hereby accepting (i) the Activity’s present Rules as well as (ii) Xiaomi’s Terms of Use and Privacy Policy https://privacy.mi.com/all/languages/.
2.2. In addition, Organizer reserves the right to exclude from the Activity any Participant who, in its opinion, has participated improperly or any Participant who defrauds, disrupts or disables the smooth and normal and lawful running and operation of this Activity, including those who are proven or suspected to have acted improperly in the manner described above.
3. PLATFORM
This activity is available through[https://www.mi.com/global/
4. PARTICIPANT’S ELIGIBILITY
4.1. In order to participate in the Activity, 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.
4.2. The Participant must have a personal Mi Account or be validly registered on[https://www.mi.com/global/ ]；and make sure that the email address and/or phone number on file in Xiaomi Account is correct and current. (Hereinafter the “Participant(s)” or “You”).
4.3. Upon the Organizer’s request, the 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 Activity.
4.4. 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 Activity may not participate in the Activity.
4.5. Where Inaccurate or erroneous data are provided by the Participant, the Organizer reserves the right to reject or disqualify the Participant from the Activity and so without giving any reasons or notice.
5. TERM
The duration of this Activity is from 14:30 to 17:00 on 25th February 2024 (GMT+1)
(Hereinafter the “Term” ).
6. PARTICIPATION MECHANISM
6.1 General Provisions of the Activity
6.1.1. The Xiaomi Launch February 2024 livestream event invites users who watch the livestream on https://www.mi.com/global/event/2024/xiaomi-launch-february-2024 to participate of topic discussion by leaving messages on the livestream chat board. The topic will be posted at 14:30 and related to the launch and new products. The topic will have a #Xiaomi14Series. To enter the giveaway, Participant will need to use the corresponding #Xiaomi14Series to leave message before the event is ended.
6.1.2. Participants in this event will have a chance to win a Xiaomi Watch 2 set forth in point 8.2 of these Terms based on the criteria stated in 6.2.
6.1.3. Participants should be validly registered and sign in on https://www.mi.com/global/ to watch the product launch event livestream.
6.1.4 When leaving messages, content that contains violence and criminal behaviour, sexual behaviours, hate speech, verbally abusive language and (extreme) political speech are not allowed. Messages that contain the above content will be banned, and participants who send the above messages frequently will be banned from leaving more messages.
6.2 Winner Selection Mechanism
6.2.1 For winning a Prize set forth in in section 8.2., Participants should:
a) Be validly registered and successfully signed in https://www.mi.com/global/.
b) Leave messages within the discussion time (from 14:30 to 17:00)and use the correct topic #Xiaomi14Series.
c) The message should:
i. Be related to the discussion topic as described in 6.1.1;
ii. Consist of more than 10 (ten) words;
iii. Be positive about the new product launch and not contain banned messages stated in 6.1.5
iv. For similar quality messages, we will select Participants who send message faster.
6.2.2. Participants that meet all requirements stated in 6.2.1. will have a chance to win a Prize. Organizer will select winners based on the metrics of their livestream chat message stated in 6.2. The Organiser's Committee will select the 10 comments that meet the criteria listed in the paragraph above and stand out in terms of originality and are most relevant to the Organiser's product.
7. WINNERS ANNOUNCEMENT
7.1. Participants should make sure that their email address and/or phone number on file in their Xiaomi Account is correct and current. The Organizer will contact the Winners by e-mail or phone call in order to confirm their shipping information within twenty one (21) working days after the Activity.
7.2. 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) working 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 Activity.
7.3. The Prizes will be sent by post to the address confirmed by the Winner(s) within 45 working days after the Winners confirm or provide the requested information.
8. PRIZE AND VALUE
8.1. Prize: Xiaomi Watch 2, worth 199 euros each, 10 units in total
8.1.1 The Prizes which consist of products are not exchangeable in cash and all the Prizes will be subject, if applicable, to the corresponding tax and withholdings. The winners should ensure that they comply with all the applicable tax laws and regulations regarding the prizes.
8.2 The Organizer reserves the right, at his own discretion, to substitute the Prize for another of equal value or characteristics, always informing of this circumstance in its media.
8.3. The Prizes are personal and non-transferable.
9. PERSONAL DATA
9.1. Participants in the Activity agree to provide their respective Organizer with the collection of the following personal data:
9.1.1. For Participants: Xiaomi Account.
9.1.2. For Winners:
a) Name & surname;
b) Email;
c) Phone number;
d) Postal address.
9.2. These data shall be collected and processed by the Organizer to ensure the proper organization and management of the Activity i.e. delivery of the Prize.
9.3. The Organizer and its affiliated partner respect the Participant’s privacy and undertake to protect it in accordance with their respective privacy policies and the applicable laws.
9.4. Personal data will be kept for the time necessary to guarantee the Participant with the exercise of their rights and actions in relation to the Activity.
9.5. By entering the Activity, you hereby consent that the above Personal data will be collected by us. We will collect, use, disclose, process and protect your personal information according to our privacy policy.
9.6. Ultimately, we want the best for all our Participants. If you have any concerns about our data management practice outlined in this Privacy Policy, please contact https://privacy.mi.com/support/?locale=en to submit your concerns. We will be happy to resolve your concerns directly.
10. COMPLAINTS
10.1. All complaints related to the Activity can be submitted through mi-event@xiaomi.com.
10.2. 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.
11. LIABILITY AND REPRESENTATION
11.1 ORGANIZER’S REPRESENTATION
Unless otherwise expressly stated in this term, Organizer and its affiliated or third-party Organizers provide the Activity 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 Activity is fit for any purpose or meet Participant requirements or is provided without any errors or deficiencies or that the Activity in compliance with any quality levels, as the case may be;
(ii) The Activity 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 Activity (including any materials or products) will be suitable, accurate, complete, or reliable; and
(iv) That any deficiencies in the Activity, including any defects in performance, operation or functionality of the Activity will be fixed, corrected or otherwise remedied.
11.2 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 Activity 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 Activity;
(v) Access to Participant account and account data or Participant registration data taking part of the Activity, or any permanent or temporary cessation in the terms or conditions of the Activity (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.
11.3 PARTICIPANT’S LIABILITY
The 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 Activity.
(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.
12. EXPORT CONTROL
Upon participating 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 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.
13. OHTERS
13.1. 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.
13.2. 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://www.mi.com/global/event/2024/xiaomi-launch-february-2024]. 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.
14. LEGISLATION AND APPLICABLE JURISDICTION
14.1. Participation in the Activity will be governed by the Terms, which will be interpreted and applied in accordance with the laws where the Organizer has its seat.
14.2. The Participant has the option of filing claims at a competent court in the country in which the organizer is resident.