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: 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 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. 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').
1.4. 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/global/support/terms-policy/) and, (iii) the Privacy Policy of the Organizer (https://privacy.mi.com/all/languages/).
1.5 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 will be hosted on the official Facebook Fanpages of Xiaomi in the specified countries: Czech Republic, France, Germany, Italy, Myanmar, Pakistan, Philippines, Poland, Saudi Arabia, Serbia, Spain, Thailand, United Arab Emirates, United Kingdom, and Vietnam (hereinafter referred to as the 'Fanpage'), as well as on the respective local Xiaomi Community Websites (hereinafter referred to as the 'Xiaomi Community').
3. PARTICIPANT’S ELIGIBILITY
3.1. Participants must be of legal age in the territory in which they reside during Term of the Contest. To participate, The Participant must have an active Xiaomi Community or Facebook account (hereinafter referred to as the 'Participant').
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 Contest. Otherwise, the Organizer may disqualify the Participant at any time.
3.3. 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).
4. TERM
The Contest starts on April, 22(nd) 2024, from the moment the Organizer publishes the Contest post on the Fanpage and the Xiaomi Community, and ends at 23:59 (GMT+8) on April 26(th), 2024 (hereinafter referred to as the 'Term of the Contest').
5. PARTICIPATION MECHANISM
5.1. In order to participate in the Contest, the Participant should, during Term of the Contest, meet the conditions set forth in the T&C together, that is:
• Have access to a device with Internet access;
• Read and accept these T&C, which are made available on the Fanpage and Xiaomi Community;
• Post a photo on either the Fanpage or Xiaomi Community, in accordance with the Contest task provided on both platforms, and ensure it's labeled with the correct hashtag (hereafter referred to as the 'Entry').
5.2. By entering the Contest, the Participant agrees to the processing of personal data (in accordance with section 10 herebelow) for purposes related to the conduct and settlement of the Contest.
5.3. 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. The Entry should meet the following conditions:
• must not contain vulgarisms, offensive, political, propaganda, religious content or content contrary to the law or morality,
• must not contain advertising content about entities other than the Organizer,
• must not violate any rights of the Organizer, or third parties, including in particular personal rights and copyrights and the right of publicity,
• The Participant should have full copyrights and author's rights to the Entry,
• The Participant undertakes to make the Entry using his own skills and tools, excluding the use of content automatically generated by artificial intelligence algorithms, in particular, the Participant cannot use ChatGPT.
• The Entry cannot include the image of persons other than the Participant.
5.4. The Participant may resign 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 country 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 the Participant from 0 to 10 points, which means that from the Committee's evaluation, each Entry may receive a maximum of 30 points. In this way, the Committee will select 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 Committee will decide the final order.
6.3. The selection of Winners shall be conducted by the respective Committees from each country in accordance with the prescribed quotas as delineated below:
• Western Europe (Germany, France, Italy, Spain, United Kingdom): Each country shall select 50 Winners, resulting in a total of 250 Winners.
• Central and Eastern Europe & Nordic Countries (Czech Republic: 20, Poland: 40, Serbia: 20): A total of 80 Winners.
• Southeast Asia (Malaysia: 65, Philippines: 70, Thailand: 65, Vietnam: 50): A total of 250 Winners.
• Middle East (Pakistan, Saudi Arabia, United Arab Emirates): A total of 200 Winners.
• The Organizer will choose an additional 40 Winners at their own discretion for the Entries which were not chosen by the Committee.
6.4. In the case of identical Entries by two or more different Contest Participants, the Committee shall take into account the Entry that was made available first.
7. AWARDS
7.1. The Organizer is the founder of the Prizes.
7.2. The Prizes in the Contest (hereinafter referred to as the 'Prize') are:
• 820 x Totes Bags produced from partly recycled materials with a designer's logo, manufactured in collaboration with PADI (the Professional Association of Diving Instructors).
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 goods 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. No later than April 30(th), 2024, the Organizer shall publish selected the best Entries on the Fanpage and the Xiaomi Community. Within ten (10) days following the publication of the selected Entries, the Organizer will contact each Winner by private message on Facebook or Xiaomi Community depending on where the Entry was originally posted 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 to the address confirmed by the Winner within thirty (30) days following the announcement.
8.4. The Organizer's delivery service for the Prize is exclusively available for addresses within the country of the Fanpage or Xiaomi Community in which the Participant orginally posted the Entry. Should the Winner reside outside of this designated area, they are responsible for providing an address within it for Prize delivery or pick-up at their own expense.
9. COPYRIGHTS
9.1. Entries can be considered a work under copyright law.
9.2. Upon submission of an Entry in the manner specified in these T&C, the Participant should own all copyrights and author's rights 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.
9.3. The Participant hereby grants the non-exclusive license for the Entry 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' personal data will be processed in accordance with relevant data protection regulations and Privacy Policy of the Organizer.
10.2. The data of the 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 business activities, which is the legitimate interest of the Organizer.
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 also 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 and Xiaomi Community where the Contest is hosted. In addition, the recipients of personal data will be entities providing organizational and technical services to the Organizer 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. The 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 or nickname 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, the 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 to the competent data protection supervisory authority.
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 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.
11.2 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.
11.3 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.
12. EXPORT CONTROL
12.1. Upon participating the Contest, the Participant understands and agrees that:
12.2. 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.
12.3. 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.
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 T&C are the only document setting out the detailed rules of the Contest.
13.4. 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 applicable to the Participant if required by law.
13.5. Entry in the Contest is tantamount to acceptance of the provisions of the T&C.
13.6. The Organizer shall not be liable for damages caused by incorrect or outdated data provided by the Participants. In all matters of dispute, the Committee shall decide.
13.7. The Organizer reserves the right to decide on the exclusion of a Participant from the Contest in case of violation of the 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.
13.8. 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.
13.9. 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 paragraph 10.
13.10. 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 13.9, the notification of amendment to these T&C shall indicate such shorter period of time, together with the reason.
13.11. 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.
13.12. 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.
13.13. These T&C are effective as of April 22th, 2024.