TERMS AND CONDITIONS of the Xiaomi contest
“Tote Bags Quantity Plan”
(hereinafter, referred to as the “T&C”)
1. GENERAL
1.1. The contest provided for by these T&C is conducted under the name: “【Xiaomi&PADI -UGC Gathering Project】” (hereinafter, referred to as the "Contest").
1.2. The Contest is run by: PT Xiaomi Communications Indonesia, domiciled at One Pacific Place, Suite 9 H-K, Jl. Jenderal Sudirman, Kav. 52 – 53, Lot 3 & 5, South Jakarta, 12190, Indonesia. (hereinafter, referred to as the "Organizer" or the "Owner").
1.3. Participation is voluntary and free of charge, except for internet costs or any other connection costs.
1.4. If any Participant has any questions about this Contest, please direct them to the following email address:【mi-event@xiaomi.com】(hereinafter, referred to as the "Contest Contact").
1.5. The Participant by taking part in the Contest hereby accepts: (i) these T&C, as well as (ii) the Terms of Use of the Organizer (https://www.mi.com/ph/support/terms-policy/#terms) and, (iii) the Privacy Policy of the Organizer (https://privacy.mi.com/all/languages/.)
1.6 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. The Organizer, in particular, points out that Facebook is a trademark registered by Meta Platforms, Inc. and is not responsible for the conduct of the Contest
2. PLATFORM
The Contest is conducted on the Facebook Fanpage: Xiaomi (…) on Facebook (hereinafter, referred to as the "Fanpage"), and on local Xiaomi Community Website www.mi.com/ph (hereinafter, referred to as the "Xiaomi Community").
3. PARTICIPANT’S ELIGIBILITY
3.1. Participants must be of legal age in the Philippines in which they reside during Term of the Contest. To participate, The Participant must have an active Xiaomi Community account. (hereinafter, referred to as the "Participant(s) ").
3.2. 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 Consent. Otherwise, the Organizer may disqualify Participant at any time.
3.3. 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) are not eligible to participate in the Contest.
4. TERM
The Contest starts on April 22nd, 2024, from the moment the Organizer publishes the Contest post on the Fanpage, and ends at 23:59 (GMT+1) on April 26th, 2024 (hereinafter, referred to as the "Term of the Contest"). Organizer reserves the rights to shorten or extend the Term of the Contest at any time without notice to Participant.
5. PARTICIPATION MECHANISM
5.1. In order to participate in the Contest, the Participant should, during the Term of the Contest, meet the conditions set forth in the T&C together, that is:
1. Have access to a device with Internet access;
2. Read and accept these T&C, which are made available on the Xiaomi Community and Fanpage;
3. Post a photo on the Fanpage, consistent with the Contest task made available on the Fanpage and Xiaomi Community, and marked with the appropriate hashtag (hereinafter, referred to as the "Entry").
5.2. By participating in this Contest, Participants agree to be bound by these T&C and Organiser’s decisions are final and binding. Organiser’s decisions are final and there shall be no appeal entertained and/or allowed. Participants shall not resort to court proceedings to review Organiser’s decision.
5.3. By providing the personal data, Participant indicates that he/she have read, understood and agreed to be bound by the Privacy Policy stated at https://www.mi.com/ph/about/privacy. The Participant agrees that Organizer and/or its agent and/or its third-party service providers may contact them by telephone, email or such other method in connection with this Contest.
5.4. Participant agrees and provides consent to the Organizer to the use of any personal data as provided by the Participant for the purpose of participation in this Contest in line with the Data Privacy Act of 2012 or Republic Act No. 10173, to the extent that any personal data provided shall only be processed and be used by Organizer for lawful purpose directly related to the running of this Contest including but not limited to the purposes of promotional events, advertising, marketing and any administrative matters to facilitate the management and organizing of this Contest.
5.5. The Participant may only publish one Entry during the Term of the Contest. In the event that a Participant publishes more Entries, the Organizer will consider only the first Entry published by the Participant. The Participant may not modify their Entry after it has been published on the Fanpage. The Entry should meet the following conditions:
1. must not contain vulgarisms, offensive, political, propaganda, religious content or content contrary to the law or morality,
2. must not contain advertising content about entities other than the Organizer,
3. must not violate any rights of the Organizer, or third parties, including in particular personal rights and copyrights and the right of publicity,
4. The Participant should have full economic and personal copyrights to the Entry,
5. The Participant undertakes to perform the Entry using his own skills and tools, excluding the use of content automatically generated by artificial intelligence algorithms, in particular, the Participant may not use ChatGPT.
6. The Entry cannot include the image of persons other than the Participant.
5.6. A Participant may withdraw from the Contest until the winners are selected. If the Participant wishes to do so, they should inform the Organizer by contacting Contest Contact.
6. RULES FOR SELECTING WINNERS
6.1. In order to supervise the proper conduct of the Contest, the Organizer will appoint a Contest Committee for each Region 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 "Winners"). 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 Entries of Participants in terms of their attractiveness, originality and creativity. Each member of the Contest Committee may award a Contest Participant from 0 to 10 points, taking into account the criteria listed in the first paragraph, which means that from the Committee's evaluation, each Entry may receive a maximum of 30 points. In this way, the Committee will select 1000 Winners whose Entry, 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 Commission will decide the final order.
6.3. In the case of identical Entries by two or more different Contest Participants, the Commission shall take into account the Entry that was made available first.
6.4. The Entry may be used to identify and promote the Organizer, in particular 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.
6.5 Results of this Contest are subjected to Organizer’s sole discretion. Organizer’s decision will be final. No correspondence or further claims shall be entertained.
7. AWARDS
7.1. The Organizer is the founder of the Prizes.
7.2. The Prizes in the Contest (collectively, the “Prize”) are:
-1000 x Totes Bag produced out of recycled materials by PADI, with an XFF logo.
7.3 One Winner may only be entitled to one Prize.
7.4. 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.
7.5. 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 thing or cash equivalent. The Prize shall become the property of the Winner upon its receipt by the Winner.
7.6. 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, on or before April 30th, 2024, publish on the Xiaomi Community and on the Fanpage, information about the selection of the Winner, providing the nickname that the Winners uses on the Fanpage. Within ten (10) days following the Winners announcement, the Organizer will contact each Winner by private message on Facebook or Xiaomi Community in order to confirm the contact information and to ensure the delivery of the Prizes.
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) days after the organizer first contact them. Not answering the Organizer shall result in forfeiture of the right to the Prize. In such case, the Prize remains the property of the Organizer.
8.3. The Prizes will be sent by post to the address confirmed by the Winner within thirty (30) days following the announcement.
9. COPYRIGHTS
9.1. Entries may constitute a copyright work.
9.2. Upon submission of an Entry in the manner specified in these T&C, the Participant should own all economic and personal copyrights to that Entry and by their actions must not infringe any third party rights. At the time of submission of the Entry to the Contest, the work should be free of rights and claims of third parties.
10. PERSONAL DATA
10.1. The administrator of the provided personal data of the Participant in the Organizer. The Participants' personal data will be processed taking into account the requirements arising from the provisions arising from Data Privacy Act of 2012 or Republic Act No. 10173 on the protection of natural persons with regard to the processing of personal data and on the free flow of such data.
10.2. The data of the Contest participants are processed for the purpose:
- related to participation in the Contest, including for the purpose of accepting the entry and selecting the winner and publishing information about the results of the Contest as well as processing any complaints,
- for the purpose of asserting and defending against claims related to the Organizer and Owner's business activities, which is the legitimate interest of the Organizer and Owner,
and in the case of Contest Winners, also:
- in order for the Organizer to fulfill its obligations under the law, in particular tax and accounting regulations;
- for purposes related to the issuance of the prize.
10.3. As the Contest is hosted on Facebook personal data of the Participant will be processed by Meta Platforms, Inc.
10.4. Recipients of personal data may be all visitors to the Fanpage where the Contest Task was posted. In addition, the recipients of personal data will be entities providing organizational and technical services to the Organizer and Owner related to the organization of the Contest, providing supervision of the software that processes the data, as well as other entities/persons/authorities to the extent and in accordance with the rules of law.
10.5. Participants' data will be stored:
- for the purpose of conducting the Contest - for the duration of the Contest and the selection of the Contest Winners;
- for the purpose of asserting and defending against claims - for the period of limitation of claims specified by law,
and, in the case of winning the Contest, in addition, for the period required by the relevant laws for the retention of accounting and accounting records.
10.6. The Participant's personal data contained in the post containing the entry, in the form of: name and surname, publicly available profile photo, will be available under the Contest post also after the Contest is conducted and resolved.
10.7. Participants have the right to access their data and the right to request their rectification. In cases provided by law, Participants have the right to delete or limit their processing and the right to object to their processing. Participants may withdraw their consent to the processing of personal data, which, however, does not affect the lawfulness of processing carried out on the basis of consent before its withdrawal.
10.8. Participants also have the right to lodge a complaint with the data protection supervisory authority if they consider that the processing of their personal data violates the provisions of the Data Privacy Act of 2012 or Republic Act No. 10173.
10.9. Providing personal data is voluntary, but necessary to participate in the Contest, and in the case of victory in the Contest - for activities related to the issuance of the Prize. Failure to provide data will make it impossible for the Participant to take part in the Contest, and in the case of victory - not to issue the Prize.
10.10. In addition, the Organizer informs that due to the fact that the Participant's personal data may be processed by the Organizer for purposes resulting from its legitimate interest, the Participant has the right to object to the processing of his/her personal data for the aforementioned purpose for reasons related to the Participant's particular situation.
10.11. There is no profiling as part of the processing performed.
11. LIABILITY AND REPRESENTATION
11.1 ORGANIZER’S REPRESENTATION
Unless otherwise expressly stated in these T&C, Organizer and its affiliated or third-party 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, 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 Contest 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 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.
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 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 Participant) in the Contest;
(v) Access to Participant account and account data or 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 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
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 you are a resident or from where you are participating in the Contest.
(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 Contest, the Participant understands and agrees that:
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.
If Participant's use of the functions and services being provided through the Contest 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 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.
13. FINAL PROVISION
13.1. The content of these T&C is made available to the public on the Fanpage, Xiaomi Community and at the Organizer's headquarters.
13.2. Participation in the Contest does not combine with other promotional actions and contests conducted by the Organizer.
13.3. These Regulations are the only document setting out the detailed rules of the Contest.
13.4. Entry in the Contest is tantamount to acceptance of the provisions of the T&C.
13.5. The Organizer shall not be liable for damages caused by incorrect or outdated data provided by the Contest Participants. In all matters of dispute, the Committee shall decide.
13.6. The Organizer reserves the right to decide on the exclusion of an Participant from the Contest in case of violation by a given Participant of the T&C, attempted fraud, as well as in case of any other conduct of the Participant violating good manners, jeopardizing the good name of the Owner, 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.
13.7. For a valid 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 the Regulations 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.
13.8. 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 paragraph 10.
13.9. 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 9 above, the notification of amendment to these T&C shall indicate such shorter period of time, together with the reason.
13.10. The amended T&C shall apply to a Participant who does not resign from the Contest before the effective date of the amendment to these T&C.
13.11. An amendment to these T&C shall not adversely affect the conditions of participation in the Action. The change of these T&C does not affect the rights acquired by the Participant before the change of these T&C.
13.12. In matters not covered by these regulations, the provisions of law of the Participant shall applies.
13.13. These T&C are effective as of April 22th, 2024.