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XIAOMI PHOTOGRAPHY CHALLENGE 2019

1. EVENT ORGANIZATION AND ORGANISER

1.The following terms and conditions (hereinafter, the "Terms") regulate the conditions for participation in the Event called " Xiaomi Photography Challenge 2019 " (the "Event"), organized by Beijing Xiaomi Mobile Software Co., Ltd.

Address: [33 Middle Xi'erqi Road, Haidian District, Beijing, China, 100085] (hereinafter, the "Organiser"),

2.The Event will be accessible on the Event Page through the website https://event.mi.com/uk/challenge2019/global-photography (hereinafter, the "Web") and through Android Mi store App.

For questions about this Event, please contact: mi-xpc2019@xiaomi.com.

The Organizer reserves the right to amend all or part of the Terms for technical, operational or commercial reasons, in which case the Organizer will publish this amendment together with the Terms in its own channels and media platforms.

2.EVENT

“Xiaomi Photography Challenge 2019” consists in two parts:

i. “Skill Competition”, where Xiaomi smartphone users are invited to submit photos of originality, creativity and technical quality; described at point 6.1.

ii. “Task-based prize giveaway”, where participants are invited to vote for the photos and complete the tasks described at point 6.2.

3.TERRITORY

Worldwide except Mainland China.

Do enter your participating location if you are residing within one of the following countries in the European Union (Spain, France, Italy and UK), or in Russia, or India or Indonesia. Please, enter “Other locations” if your territory is not included in the list of countries above.

4.PARTICIPANTS

The Event is open to anyone who:

i. is of the legal age according to their national legislation
ii. has a registered Mi account in the mi.com of their country of residence, and download the Android Mi Store Application which is accessible via clicking this link //play.google.com/store/apps/details?id=com.mi.global.shop or alternatively to log in via this Link: https://event.mi.com/uk/challenge2019/global-photography

Participation is voluntary and free of charge (with the exception of internet costs). Inaccurate or erroneous data will not be accepted in the Event.

Participants must be able to demonstrate, at the request of the Organizer, and within a reasonable period, that they meet the necessary conditions to participate in the Event before they participate and/or at any time during the duration of the Event. Otherwise, the Organizer may disqualify the Participants at any time during or after the Term.

Employees of the Organizer or any company related to the Event and/or their family members up to the second degree may not participate in the Event.

5. TERM

The Event will start on 00:00 ( GMT+0 ) 25th November 2019 and end on 23:59 (GMT+0) 5th February 2020. (“Event Term”).

6. EVENT

The Event will be divided in two parts, Skill Competition and Task-Based Prize Away as described follow:

6.1 SKILL COMPETITIONS
6.1.1. FIRST COMPETITION: FOUR CATEGORIES

Mechanics of the skill competition for 4 categories. Participants have to submit up to a maximum of SIX (6) photos in some or in all of the following 4 categories:

Participants will be able to submit photos taken by Xiaomi phones on the category Participants select, in order to receive likes from other Participants.

Photo requirements:
How to submit a photo:

The Organiser shall have the right to reject: (i) Participants whose data are false or incomplete (ii); Participants who contravene the applicable regulations; (iii) Participants whose photographs are not original or infringe the intellectual property of third parties.

The Participants guarantee that the photographs they send for participating in the Event are their own or that they hold and own all the necessary Intellectual Property and image rights to participate in this Event. Participants shall need the express written authorization in order to use the personal image of those people who might appear in the photos. In the case of underage, the authorization must be granted by their guardians. Such authorization must comprehend the use and exploitation of such photos and images according to the present Terms. Lack of any such rights (Intellectual Property and personal image rights) will deprive the Participants from their right to participate in this Event and from opting to any prize.

The Participant is fully responsible for the Content of the photographs with full indemnity from the Organizer.

The first competition will start as of 00:00 (GMT+0), 25th November 2019 , and end on 23:59 (GMT+0 ) 19th January 2020.

Awards for each of the 4 categories:

The Top 1 photo obtaining the largest number of likes from each category will receive in their Mi Account a 200 € value mi.com discount coupon with no minimum purchase required to be used in mi.com purchase. Award coupon is valid for fifteen (15) days from the day it is issued. Winner of each category will be announced after each category's deadline.

Winners will be contacted to provide relevant purchase credentials or IMEI number of Xiaomi phones. If the participants can't provide the corresponding proof within 7 days since the contact email is received, he or she will be disqualified from the title, and will be replaced by the next work based on ranking. Coupon will be issued to users' mi.com account once the validity of the photo is confirmed.

The discount coupon cannot be exchanged for any other gift or exchanged for its equivalent in cash. The discount coupon is personal and non-transferable.

6.1.2. SECOND COMPETITION: GLOBAL TOP 40

Mechanics of the skill competition Global TOP 40:

A) Organizer will select from 00:00 (GMT+0) 20th January 2020 and end on 23:59 (GMT+0 ) 22nd January 2020 a total of 40 photos from those photos in the 4 categories above that have obtained the largest number of likes, taking into account (1) all the categories and (2) the following territories as follows:

B) As of 00:00 (GMT+0 ) 23rd January 2020 and end on 23:59 (GTM+1) 31st January 2020, Organizer will display the above 40 photos together for final selection. The number of likes a photo has accumulated prior to this stage will be cleared and a new voting process of likes will begin.

The three (3) photos that receive the highest number of likes will become the Top 3 winners and will receive the Mi Fan's Choice Awards described as follow.

Mi Fan's Choice Awards:

The Top 3 winners from Global TOP 40 will receive the following prize according to the following ranking:

The Organizer will display the winners Mi ID on 5th February 2020 on both Xiaomi’s Facebook and the Event page.

The Organiser shall contact the winners individually by 8th February 2020 in order to obtain the necessary data to award the prizes. The Organizer will request then a national ID card to prove the identity of the winner and the bank details for the due bank transfer.

After sixty (60) calendar days from the publication of the winner, if the winner does not contact the Organizer to confirm his data or if we cannot contact him for whatever reason, he will lose the condition of winner and the Organizer will keep the prize.

The Organizer reserves the right to substitute the Prize for another of equal value or characteristics, always informing of this circumstance in its media.

The Prize corresponding to this Event is not exchangeable in cash and will be subject to the corresponding tax and withholdings if applicable.

The Prize cannot be exchanged for any other gift or exchanged for its equivalent in cash. The Prize is personal and non-transferable.

6.1.3 THIRD COMPETITION. – Juror’s Award
Mechanics of the Juror’s Award

From 00:00(GMT+0 ), 1st February 2020 and end on23:59 (GMT+0 ), 4th February 2020, a board of the Organizer will select arbitrarily at their own discretion ten (10) photos out of the forty (40) photos previously selected at the Global TOP 40 excluding the three (3) Mi Fan's Choice Awards winners. The decision of the board will be based on the content, composition, color, details, contrast and other technical characteristics of the photos.

The winners will receive the Juror's Choice Awards described as follows.

Juror's Choice Awards

One (1) Mi Note 10 (valued at £513 ) for each of the ten (10) winners.

The Organizer will display the winners Mi ID on date 5th February 2020 on both Xiaomi’s Facebook and the Event page.

Winners will be contacted via email by 8th of February 2020 to provide their necessary data for award distribution.

After sixty (60) calendar days from the publication of the winner, if the winner does not contact the Organizer to confirm his data or if we cannot contact him for whatever reason, he will lose the condition of winner and the Organizer will keep the prize.

The Organizer reserves the right to substitute the Prize for another of equal value or characteristics, always informing of this circumstance in its media.

The Prize corresponding to this Event is not exchangeable in cash and will be subject to the corresponding tax and withholdings if applicable.

The Prize cannot be exchanged for any other gift or exchanged for its equivalent in cash. The Prize is personal and non-transferable.

6.2 TASK-BASED PRIZE AWAY

There are FIVE (5) types of tasks Participants will have to complete in order to get the chance of winning a discount coupon to be redeemed in the purchase of Xiaomi products at mi.com.Every task can only be completed once. Task record will be removed when the new category is open for submission and when the contest enters Global TOP 40 stage.

Mechanics of the Task Based Prize Away

i. Participants have to share event pages in their social media (Facebook and Twitter) once. Participants will get automatically £5 discount coupon (APP used only, with a minimum purchase of £30).
Discount coupon will be valid for a period of fifteen (15) days from the day the Participant receives the coupon in their personal Mi Account.

ii. Participants who like twenty photos (20) at the Event page will get automatically £10 discount coupon (APP used only, with a minimum purchase of £50). Discount coupon will be valid for a period of fifteen (15) days from the day the Participant receives the coupon in their personal Mi Account.

iii. Participants who upload six (6) photos at the Event page for the four category competition will get automatically £10 discount coupon (APP used only, with a minimum purchase of £50). Discount coupon will be valid for a period of fifteen (15) days from the day the Participant receives the coupon in their personal Mi Account.

iv. Participants who like any photos in the Event for seven (7) consecutive days will get automatically £20 discount coupon (APP used only, with a minimum purchase of £100 ). Discount coupon will be valid for a period of fifteen (15) days from the day the Participant receives the coupon in their personal Mi Account.

v. Participants who obtain from other Participants at least one-hundred (100) likes in the photos they have uploaded in the Event will get automatically £30 discount coupon (APP used only, with a minimum purchase of £100 ).

Discount coupon will be valid for a period of fifteen (15) days from the day the Participant receives the coupon in their personal Mi Account.

The discount coupon cannot be exchanged for any other gift or exchanged for its equivalent in cash. The discount coupon is personal and non-transferable.

7.INTELLECTUAL PROPERTY AND IMAGE RIGHTS

By participating in the Event, Participants authorize the Organizer to reproduce and make available to the public directly or through its Web and/or its Social Networks, the name and image of the winner, as well as the photo awarded through any means, always in connection with the Event and/or for promotional or advertising purposes related to the Event.

The afore-mentioned authorization is granted free of charge and shall not entitle the Participants to any consideration whatsoever.

8.PERSONAL DATA

Participants in the Event agree to provide the Organizer with the collection of the following personal data: name and surname, postal address for the sole purpose of organizing the Event and distributing the Prize.

Personal data will be kept for the time necessary to guarantee the Participants the exercise of their rights and actions in relation to the Event. Ultimately, we want the best for all our users. If you have any concerns about our data management practice outlined in our Privacy Policy (https://www.mi.com/uk/about/privacy/), please contact privacy@xiaomi.com to submit your concerns. We will be happy to resolve your concerns directly.

9. ACCEPTANCE OF THE RULES OF THE EVENT

By participating in the Event you are expressly accepting (i) these Event Rules (https://www.mi.com/uk/service/support/2019-global-photography.html); (ii) the Terms and Conditions of use of the Website https://www.mi.com/uk/about/terms/ ) and (iii) the privacy policy (https://www.mi.com/uk/about/privacy/) of the Website of the Organizer.

The Organiser shall not be liable for the Participant's infringements and/or infringements relating to this Event and the Organiser disclaims any liability for any loss suffered by the Participants in connection with the Prize and other aspects of the Event.

The Organiser is not responsible for any technical problems that may occur in the subsequent operation of the Prize, nor for the costs that may arise therefrom.

The Participant shall be entirely and exclusively responsible for the contents, messages and/or comments that he incorporates or communicates through Event pages. In this sense, each Participant will be responsible in any case for any claim related, directly or indirectly, to the violation of the rights of image, data protection, honor, privacy and any other right owned by a third party that may have been violated by reason of the comments submitted to the Event, keeping the Organizer harmless from any liability arising from such violation.

The Organiser reserves the right to exclude from the Event, and therefore from the award of the Prize, any Participant who, in its opinion, has participated incorrectly or any Participant who defrauds, alters or disables the proper functioning and the normal and regulatory course of this Event, including those who are evidenced or suspected to have acted irregularly in the sense described.

10. LIABILITY AND REPRESENTATION

10.1. Organiser’s representation

Unless otherwise expressly stated in this terms, Organiser and its affiliated or third-party Organisers provide the Event on best effort basis only and exclude all warranties and conditions of any kind whether expressly or implied. In particular but without limitation, Organiser and its affiliated or third-party Organisers do not warrant or represent that:

(i) The Event is fit for any purpose or meet Participants requirements or is provided without any errors or deficiencies or that the Event in compliance with any quality levels, as the case may be;

(ii) The Event 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 Organiser or as a result of Participants taking part in the Event (including any materials or products) will be suitable, accurate, complete, or reliable; and

(iv) That any deficiencies in the Event, including any defects in performance, operation or functionality of the Event will be fixed, corrected or otherwise remedied.

10.2 Organiser’s liability

Organiser 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 Event 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 Participants) in the Event.

(v) Access to Participants account and account data or Participants registration data) taking part of the Event, or any permanent or temporary cessation in the terms or conditions of the Events (or any part of them).

In the event that Organiser is liable for a breach of these terms, Organiser liability shall be limited to damages which Organiser must typically expect at the time of the conclusion of this 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 Organiser:

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 Participants 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 Participants and Organiser’s liability and warranty will be limited to the maximum extent permitted by applicable law.

10.3. Participants liability

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 Event.

(iii) And for the consequences of any such breach, including any loss or damage which Organiser or any third-party may incur or suffer. Organiser will have no responsibility to Participant or to any third party in respect of such breach.

11. LEGISLATION AND APPLICABLE JURISDICTION

Participation in the Event will be governed by the Event Rules which will be interpreted and applied in accordance with the French legislation.

Participants, expressly waiving their own jurisdiction, submit to the jurisdiction of the courts of the city of Paris.