The following terms and conditions (hereinafter, the “Rules”) regulate the rules for participating in the Xiaomi global skill competition called "National Geogprahic Photography Challenge” (hereinafter the "Competition") which is organized by:
XIAOMI INC.
Address: 6th Floor, Building 6, 33 Xi'erqi Middle Road, Haidian District, Beijing, China, 100085
ID Registration number: 91110108551385082Q (hereinafter, the "Organizer").
The Competition will be accessible through the following link: //mi.com (hereinafter, the "Competition Page").
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: mimalaysiaofficial@gmail.com
By participating in the Competition, you are hereby accept (i) these Rules; and (ii) Xiaomi’s Terms of Use and Privacy Policy, which can be consulted on your local mi.com and Xiaomi Community websites.
The Participants fully understand and acknowledge that any external social media platforms used in connection with the Competition, including but not limited to Facebook, Twitter, Instagram, etc., DO NOT SPONSOR, ENDORSE OR ADMINISTER THIS COMPETITION AND THAT THEY SHOULD NOT BE ASSOCIATED WITH THE ORGANIZATION AND MANAGEMENT OF THE COMPETITION IN ANY WAY.
In addition to these Rules, Xiaomi’s Terms of Use and Privacy Policy, the Participants acknowledge and hereby accept 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 Competition shall also apply.
The Organizer reserves the absolute right to cancel, terminate or suspend the Competition with or without any prior notice and/or assigning any reason. For the avoidance of doubt, cancellation, termination or suspension by the Organizer shall not entitle the Participants to any claim or compensation against the Organizer for any and/or all losses or damages suffered or incurred as a direct or indirect result of the act of cancellation, termination or suspension.
The Organizer reserves the right to amend these Rules without prior notice.
The Competition is valid in the following countries: Malaysia
In order to participate in the Competition, the Participant must be of legal age as recognized by the Territory from which he/she is participating, and has legal capacity according to the applicable laws of the Territory.
The Participants must have (i) a Xiaomi account or be validly registered on local mi.com; and (ii) a valid personal email address, which will be necessary in order to contact the Winners and delivery of the Prizes.
The Participants shall possess a Xiaomi / Redmi phone (Poco phones are not eligible) in order to be eligible to participate in the Competition (hereinafter the “Participant(s)” or “You”).
Upon the Organizer’s request, the Participants must be able to demonstrate, within a reasonable period of time, that he/she meets the 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 of the Organizer, or any company related to the organization or management of the Competition may not participate in the Competition.
If any inaccurate or erroneous data is provided by the Participants, the Organizer reserves the right to reject or disqualify the Participants from the Competition without giving any reasons or notice.
The Competition will start on [12.00am, 13th May 2022] and end on [11.59pm, 13th June 2022] (hereinafter the “Term”).
The “National Geographic Photography Challenge” is a skill-based smartphone photography Competition where Participants are required to take photo(s) with Xiaomi / Redmi phones (excluding Poco phones) (hereinafter “Photos”) and thereafter upload to the Competition Page. The Photos will be judged by a jury team consisting of the Organizer’s employees and a panel of professional photographers (including photographers associated with National Geographic). Participants who has taken exceptionally outstanding Photos will have the chance to have their Photos selected for a special exhibition on National Geographic online channels and/or platforms.
The Organizer reserves the right to disqualify any Participants suspected of fraud, or if the Organizer believes that the Participant’s entry and/or results has been manipulated in any way by machines or computers. The Organizer reserves the right to disqualify such Participants from the Competition and/or receiving the Prizes. The Organizer reserves the right to substitute or replace a new winner.
The Photos taken shall be original work and shall match the Competition’s theme pertaining to the "People, life, and culture of Southeast Asia”, illustrating the technical skills and visual storytelling prowess of the Participants. The Photos shall meet the following requirements:
Photos must be taken and edited with Xiaomi / Redmi phones only. No hardware other than your Xiaomi / Redmi phones may be used for taking the photo;
Photos must contain EXIF information; and
Photos should be between 300K - 50M. Each Participant can only upload a maximum of five (5) Photos during the Term.
The Competition will be open for submission from [12.00am, 13th May 2022] until [11.59pm, 13th June 2022].
Selection and judgement of submitted entries by the jury team will commence between [12.00am 13th May 2022] and [11.59pm, 13th June 2022]. Organizer assumes no responsibilities for late entries due to any reasons.
Winners will be publicly announced on [30th June 2022].
The judging criteria of submitted entries will be based on the following criteria:
(i)Photos shall match the theme: "People, life, and culture of Southeast Asia"
(ii)Photos possesses rich photographic storytelling potential.
(iii)Photos is captured with accurate focus and high image quality;
(iv)Photos shall be creative and based on technical criteria standards (subject; composition; lightning; emotion; creativity and quality).
A total of eighteen (18) winners will be selected: one (1) Photo as the First Prize winner, one (1) Second Prize winner, one (1) Third Prize winner, two (2) Outstanding Award winners, ten (10) Best Effort Award winners and three (3) Consolation Prize winners (hereinafter “Winners”). Jurors will select the Photos based on the criteria described above. Jurors’ decision shall be final and no correspondence or further claims shall be entertained.
The Organizer reserves the right to reject or disqualify any entry from the Competition at the Organizer's own discretion without prior notice. In case of any disputes, the Organizer reserves the right to make the final decision. The Organizer’s decision shall be final and no further correspondence or appeal will be entertained.
A provisional Winners list will be published on [insert website here] within thirty (30) days after the Competition judging period ends.
The Organizer will contact the Winners by e-mail or by phone in order to confirm their contact information and to ensure the delivery of the Prizes.
The Winners should reply to the Organizer and confirm or provide the requested information (necessary to ensure the proper delivery of the Prize) within ten (10) days following the Winners announcement, otherwise they may forfeit their titles of Winners and corresponding Prizes In the Competition. The Organizer reserves the right to use any forfeited Prize for any purpose at its own discretion.
The Prizes will be sent by post to the address confirmed by the Winners within thirty (30) days following the announcement or such other period as may be determined solely by the Organizer. The Organizer reserves the right to appoint a third-party vendor or service provider to handle the fulfilment or making available of the Prizes or delivery of the Prizes to you. By providing your personal information including name, delivery address, contact numbers, email address and other information to the Organizer, the Organizer can use and/or disclose to such third-party vendor or service provider for the purposes of delivery service. The Organizer shall not be responsible or liable for any delays or non-delivery of the Prizes.
The Winner of the First Prize will be rewarded with [Xiaomi 12], with an estimated value of [RM2,999].
The Winner of the Second Prize will be rewarded with [Redmi Note 11 Pro+ 5G], with an estimated value of [RM1,499].
The Winner of the Third Prize will be rewarded with [Xiaomi Watch S1], with an estimated value of [RM899].
The Winner(s) of the Outstanding Award Prizes will be rewarded with [Xiaomi Buds 3T Pro], with an estimated value of [RM549].
The Winner(s) of the Best Effort Award will be rewarded with [Redmi Watch 2 Lite], with an estimated value of [RM249].
The Winner(s) of the Consolation Prize will be rewarded with [Mi Vacuum Cleaner Mini], with an estimated value of [RM199].
The Prizes are given out on an “AS IS” basis and are non-transferable, non-refundable, non-exchangeable for cash or with vouchers of other denominations, whether in part or in full.
The Organizer reserves the right, at their own discretion, to substitute the Prize (or their component, if applicable) with one of equal value or characteristics. The Organizer is not responsible for the condition, quality and fitness of the Prizes. Any imposition of taxes, fees, and other costs associated with the acceptance and use of the Prizes are the sole responsibility of the Winners.
The Organizer makes no representation, warranty or undertaking as to any implied terms and conditions with respect to the Prizes under this Competition. The Organizer assumes no liability or responsibility in respect to defect or deficiency of the Prizes and will not entertain any direct correspondence with anyone in this regard.
IMPORTANT INFORMATION ABOUT PRIZES:
Each Participant will receive only ONE (1) Prize in the entire Competition. If it should happen that the Participant has won more than ONE (1) Prize, the Prize of higher value will be awarded.
BY PARTICIPATING IN THE COMPETITION, PARTICIPANTS AUTHORIZE THE ORGANIZER AND NATIONAL GEOGRAPHIC 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 PHOTOS CREATED IN CONNECTION WITH THE COMPETITION AND USE THE PHOTOS 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 PHOTOS OR THE WORK DERIVED FROM IT, AS WELL AS INDUSTRIAL PROPERTY RIGHTS AND ANY OTHER RIGHTS THAT MAY BE DERIVED FROM THE PHOTOS AND/OR ITS ELEMENTS.
THE PARTICIPANTS WARRANT THAT THE PHOTOS THEY SUBMIT DURING THE COMPETITION IS THEIR OWN ORIGINAL WORK AND/OR THAT THEY HOLD ALL NECESSARY COPYRIGHTS, TRADEMARKS, MORAL RIGHTS, RIGHTS OF PRIVACY/PUBLICITY OR INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY; AND THAT NO OTHER PARTY HAS ANY RIGHT, TITLE, CLAIM OR INTEREST IN THE SUBMISSION.
THE PARTICIPANT IS FULLY AND EXCLUSIVELY RESPONSIBLE FOR THE CONTENT OF HE/SHE INCORPORATES IN THE PHOTOS AND FOR THE PHOTOS SHE/HE UPLOADS OR COMMUNICATES THROUGH THE COMPETITION PAGE. THE ORGANIZER AND NATIONAL GEOGRAPHIC WILL NOT BE RESPONSIBLE FOR ANY INFRACTIONS AND/OR VIOLATIONS BY THE PARTICIPANT IN CONNECTION WITH THIS COMPETITION.
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 NATIONAL GEOGRAPHIC, 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 COMPETITION THROUGHOUT THE WORLD AND IN PERPETUITY WITHOUT ANY COMPENSATION.
PARTICIPANTS MOREOVER RELEASE THE ORGANIZER AND NATIONAL GEOGRAPHIC FROM ANY CLAIMS THAT MAY ARISE REGARDING THE USE OF THEIR PHOTOS, INCLUDING ANY CLAIMS OF DEFAMATION, INVASION OF PRIVACY, OR INFRINGEMENT OF MORAL RIGHTS, RIGHTS OF PUBLICITY, OR COPYRIGHT.
By participating this Competition, the Participants hereby agree and acknowledged that the Organizer collects, uses and processes and/or discloses (including third-party overseas) Participants’ personal data in order to conduct this Competition (ie. delivery of Prizes), and in accordance with Xiaomi’s Privacy Policy. Each Participant consents to such collection, use, processing and disclosure of his/her personal data and represents and warrants that all information provided is true and accurate in all respects.
Each Participant agrees that the Organizer may, for a reasonable period of time, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or making phone calls to the Participants).
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 Competition.
Ultimately, we want the best for all our Participants. If you have any concerns about our data management practice outlined in the Privacy Policy, please contact privacy@xiaomi.com to submit your concerns. We will be happy to resolve your concerns directly.
Unless otherwise expressly stated in these Rules, Organizer and its affiliated or third-party Organizers will conduct 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.
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 Participants’ account and account data or Participants’ registration data in participating in the Competition or any permanent or temporary cessation in these Rules (or any part of them).
Where applicable, the Organizer’s liability shall be limited to damages which Organizer must typically expect at the time of the conclusion of these Rules due to the circumstances known at the time and such damages shall not be higher than 1000 myr (or equivalent local currency).
Each participant agrees to indemnify and hold the Organizer, National Geographic and their respective employees, officers, directors, shareholders, agents, representatives, parent companies, affiliates, subsidiaries, licensees, advertising, promotion, and fulfilment agencies, and legal advisors, harmless from any and all losses, damages, rights, claims, costs and expenses (including legal costs on an indemnity basis), and actions of any kind by anyone including third party arising from the alleged or actual infringement of any third party copyright, patent, trademark or other intellectual property rights, or other rights, any breach of these Rules and/or in connection with the Competition, including without limitation, possession, use or misuse of the Prizes, or travel to or from any Competition activity, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy.
These Rules shall be governed and construed in accordance with the laws of Territory, and each Participant irrevocably submits to the non-exclusive jurisdiction of the courts of Territory.