1.GENERAL
1.1. The contest provided for by these T&C is conducted under the name: Xiaomi Launch September 2024 (hereinafter referred to as the 'Contest').
1.2. The Contest 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 Unified Social Credit Code: 91110108551385082Q. (hereinafter referred to as the 'Organizer')
1.3. Participation is voluntary and free of charge, except for internet costs or any other connection costs.
1.4. The Contest provides an opportunity to win the Prize during livestream, under the terms and conditions specified in these T&C.
1.5. In case of any questions regarding the Contest, the Participant is requested to contact the following email address: mi-event@xiaomi.com .
1.6. By participating in the Contest, the Participant hereby accepts: (I) the Terms and Conditions of the Constest, as well as (II) the Terms and Conditions of the Organizer (https://www.mi.com/global/about/terms/) and (III) the Privacy Policy of the Organizer (https://privacy.mi.com/all/languages)
1.7. The Contest is in no way sponsored, endorsed, or administered by third-party social media platforms, including but not limited to X, Instagram, and Facebook, which may be used in connection with the Contest. Participants hereby acknowledge and agree to the terms of use, service, or sale and policies of third parties whose platforms are used in connection with the Contest.
2.PLATFORM
2.1. This Contest is hosted through local mi.com/global
2.2. The Contest is open to Participants who access the Website https://www.mi.com/global/event/2024/xiaomi-launch-september-2024 (hereinafter referred to as the "Website")
3.PARTICIPANT’S ELIGIBILITY
3.1. To participate in the Contest, participants must be of legal age and possess the legal capacity as per the laws of both the country in which they are participating and their current place of residence during the Term of the Contest. Additionally, they must have an active Mi Account, and remain logged in while engaging in the Contest. (hereinafter referred to as the 'Participant').
3.2. Excluded from the Contest are persons cooperating with the Organizer (entities and employees of entities providing services to the Organizer in organizing the Contest) employees and cooperators of the Organizer, as well as their descendants, ascendants, affinities, adoptees, members of their families and relatives (siblings, spouses, parents of spouses).
3.3. Inaccurate or erroneous data provided by the Participant will not be accepted in the Contest. The Participant must be able to prove, at the Organizer's request and within a reasonable period of time, that they are eligible to participate in the Contest prior to participation and/or at any time during the duration of the Contest. Otherwise, the Organizer may disqualify the Participant at any time.
4.TERM
The Consent starts at 2:00 PM on 26th September 2024, and ends at 5:00 PM on 26th September 2024 (GMT+2) (hereinafter the “Term of the Contest” ).
5.PARTICIPATION MECHANISM
5.1. The Contest pertains to a livestream that can be viewed on the Website. During the Term, Participants will be permitted to engage in the livestream by leaving comment (hereafter referred to as "Comment") on the livestream chat board.
5.2. The Participant may publish more than one Comments during the Term of the Contest. Each Comment should meet the following conditions:
a. Must consist of more than 10 (ten) words.
b. Must be published during the Term of Contest.
c. Must include the hashtag #Xiaomi14TSeries.
d. Must be related to the topic of discussion, which will be published on the Website at 2:30 PM on 26th September 2024 (GMT+2).
e. Must not contain vulgarisms, offensive, political, propaganda, religious content or content contrary to the law or morality.
f. Must not contain advertising content about entities other than the Organizer.
g. Must not violate any rights of the Organizer, or third parties, including in particular personal rights and copyrights and the right of publicity.
h. The Participant should have full copyrights and author's rights to the Comment content.
i. The Participant undertakes to write the Comment using his own skills and tools, excluding the use of content automatically generated by artificial intelligence algorithms, in particular, the Participant cannot use ChatGPT.
6.RULES FOR SELECTING WINNERS
6.1. In order to supervise the proper conduct of the Contest, the Organizer will appoint a Contest Committee consisting of three members (hereinafter referred to as the 'Committee'). The tasks of the Committee shall include overseeing the proper conduct of the Contest, deciding on all matters relating to the Contest, including the interpretation of the provisions of these T&C, and selecting the Participants to whom the Prizes will be awarded (hereinafter referred to as the 'Winner'). The decisions of the Committee are final, which does not deprive the Participant of the right to pursue claims under the law.
6.2. At the end of the Contest, the Committee will evaluate the Comments of Participants in terms of their attractiveness, originality and creativity. Each member of the Contest Committee may award a Contest the Participant from 0 to 10 points, which means that from the Committee's evaluation, each Comment may receive a maximum of 30 points. In this way, the Committee will select (10) Winners whose Comment, in the opinion of the Committee, will be the best and most interesting and will have the highest number of points. In the event of a tie in points, the Committee will decide the final order.
6.3. In the case of identical Comments of one or more different Contest Participants, the Committee shall take into account the Comment that was made available first.
7.AWARDS
7.1. The Organizer is the funder of the Prizes.
7.2. The Prizes in the Contest (hreinafterreferred to as the "Prize") are:
Prize: Xiaomi buds 5, worth €99.99 each, 10 units in total
7.3. The Prizes which 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.
7.4. The Winner does not have the right to reserve any special features of the Prizes, nor does they have the right to exchange the Prize for another goods or cash equivalent. The Prize shall become the property of the Winner upon its receipt by the Winner.
7.5. The Winner may not transfer the rights to the awarded Prize to a third party. The Winner has the option to relinquish the right to the Prize awarded to them by submitting an appropriate statement in writing to the Organizer.
8.NOTIFICATION OF THE WINNERS
8.1. 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 Contest.
8.2. 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 Contest.
8.3. 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.
9.COPYRIGHTS
9.1. Comment can be considered a work under copyright law.
9.2. Upon submission of an Comment in manner specified in these T&C, the Participant should own all copyrights and author's rights to that Comment and by their actions must not infringe any third party rights. At the time of submission of the Comment to the Contest, the work should be free of rights and claims of third parties.
9.3. The Participant hereby grants the non-exclusive license for the Comment to be utilized for the purpose of identifying and promoting the Organizer, specifically in social networks, as well as in all promotional and informational materials, posters, advertising flyers, and other printed matter, electronic media, and on the Internet.
10.PERSONAL DATA
10.1. The Participants in the Contest agree to provide their respective Organizer with the collection of the following personal data:
10.1.1. For Participants: Xiaomi Account.
10.1.2. For Winners:
a) Name & surname; 、
b) Email;
c) Phone number;
d) Postal address.
10.2. These data shall be collected and processed by the Organizer to ensure the proper organization and management of the Contest i.e. delivery of the Prize.
10.3. 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.
10.4. 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 Contest.
10.5. By entering the Contest, 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.
10.6. 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.
11.COMPLAINTS
11.1. All complaints related to the Contest can be submitted through mi-event@xiaomi.com.
11.2. 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.
12.LIABILITY AND REPRESENTATION
12.1ORGANIZER’S REPRESENTATION
Unless otherwise expressly stated in this term, the Organizer and its affiliated or third-party the Organizers provide the Contest on best effort basis only and exclude all warranties and conditions of any kind whether expressly or implied. In particular but without limitation, the Organizer and its affiliated or third-party Organizers do not warrant or represent that:
(i) The Contest is fit for any purpose or meet the Participant requirements or is provided without any errors or deficiencies or that the Contest in compliance with any quality levels, as the case may be;
(ii) The Contest is available to the Participant at any time and provided to the Participant without disruption, interruption or delay;
(iii) Any information (whether oral or written) obtained by Participant from the Organizer or as a result of the Participant taking part in the Contest (including any materials or products) will be suitable, accurate, complete, or reliable; and
(iv) That any deficiencies in the Contest, including any defects in performance, operation or functionality of the Contest will be fixed, corrected or otherwise remedied.
(v) The Prize provided will be to the complete satisfaction of the Winner or it will conform to the expectations or intended use-cases of the Winner.
12.2 ORGANIZER’S LIABILITY
The Organizer is not liable to the 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 Contest 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 the Participant) in the Contest;
(v) Access to the Participant account and account data or the Participant registration data taking part of the Contest, or any permanent or temporary cessation in the terms or conditions of the Contest (or any part of them).
In the term that the Organizer is liable for a breach of these terms, the Organizer liability shall be limited to damages which the Organizer must typically expect at the time of the conclusion of these T&C 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 T&C shall exclude or limit the 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 the Organizer’s liability and warranty will be limited to the maximum extent permitted by applicable law.
12.3 PARTICIPANT’S LIABILITY
The Participant is entirely responsible for any breach of the obligations under:
(i) These T&C; and
(ii) Any applicable law or regulation in the relevant jurisdictions, including the jurisdiction where Participant isa resident or from where Participant is participating in the Contest.
(iii) And for the consequences of any such breach, including any loss or damage which the Organizer or any third-party may incur or suffer. The Organizer will have no responsibility to the Participant or to any third party in respect of such breach.
13.EXPORT CONTROL
13.1. Upon participating the Contest, the Participant understands and agrees that:
13.2. The Contest and the functions, services and goods provided through the Contest 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.
13.3. If the Participant's use of the functions and services being provided through the Contest violates, or in reasonable opinion of the Organize may violate, the requirements and restrictions of relevant laws, resulting in a compliance risk or adverse impact on the Contest, 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.FINAL PROVISION
14.1. The Content of these T&C is made available to the public on the Website and at the Organizer's headquarters.
14.2. Participation in the Contest does not combine with other promotional actions and contests conducted by the Organizer.
14.3. These T&C are the only document setting out the detailed rules of the Contest.
14.4. These T&C, which will be interpreted and applied in accordance with the laws of the Organizer, however, do not exclude the application of the law or jurisdiction applicable to the Participant if required by law.
14.5. Comment in the Contest is tantamount to acceptance of the provisions of the T&C.
14.6. The Organizer shall not be liable for damages caused by incorrect or outdated data provided by the Participants. In all matters of dispute, the Organizer shall decide.
14.7. The Organizer reserves the right to decide on the exclusion of a Participant from the Contest in case of violation of these T&C by a given Participant, attempted fraud, as well as in case of any other conduct of the the Participant violating good manners, jeopardizing the good name of the Organizer, its reputation or interests. The excluded Participant forfeits the right to apply for the Prizes specified in these T&C, and in the event that they have received a Prize, they are obliged to return it.
14.8. For an important reason, the Organizer may make changes to these T&C. An important reason is in particular: (a) a change in generally applicable laws or their interpretation by authorized bodies, directly affecting the content of these T&C and resulting in the need to adjust these T&C to such change in laws or their interpretation; (b) the issuance of a ruling, decision or other similar act by a court or authorized public authority, directly affecting the content of these T&C and resulting in the need to amend these T&C to conform to such ruling, decision or other similar act; (c) the prevention of violations of these T&C or the prevention of abuse, as well as the removal of ambiguities or doubts of interpretation regarding the content of these T&C; (d) changes in the names, addresses or corporate data indicated in the content of these T&C; (e) the need to adapt the technical requirements indicated in these T&C to current standards.
14.9. The Organizer shall inform the Participants of any change to these T&C no later than 7 (seven) days prior to the proposed effective date of the changes to the content of these T&C, subject to 14.10.
14.10. If an applicable law, ruling or other similar act of an authorized public authority requires the Organizer to amend these T&C within a shorter period of time than indicated in paragraph 14.9, the notification of amendment to these T&C shall indicate such shorter period of time, together with the reason.
14.11. The amended T&C shall apply to the Participant who does not resign from the Contest before the effective date of the amendment to these T&C.
14.12. An amendment to these T&C shall not adversely affect the conditions of participation in the Contest. The change of these T&C does not affect the rights acquired by the Participant before the change of these T&C.
14.13. These T&C are effective as of (26th September 2024)