Rules and regulations for the Participation at Molten Jump Shot Photo Contest

Transcription

1 Rules and regulations for the Participation at Molten Jump Shot Photo Contest 1. Binding Acceptance of Participation Conditions 1.1. Participation in the Molten Jump Shot Photo Contest (hereinafter referred to as Contest ) constitutes participant s full and unconditional agreement to and acceptance of these Participation Conditions. The participant undertakes to comply with the resulting rules as well as to fulfil any obligations arising therefrom. The participant acknowledges all decisions of Molten Europe GmbH, Krefelder Straße 85, Düsseldorf (hereinafter referred to as "Molten Corporation") as the organizer of the Contest as final and binding. Prizes can only be won if participation is in accordance with these rules and regulations The International Handball Federation (hereinafter referred to as IHF ) is neither the organizer nor sponsor of this Contest. The agreement entered into by participation in the Contest is solely between the participant and Molten Corporation. 2. Possible Participants/Preconditions 2.1. In order to participate in this Contest, the participant must be at least 13 years old at the time of participation and must be resident in a country where a national handball federation exists at the time of participation. Participants who are under 18 years old and persons who are not fully capable of contractually complying with the law can only participate with the consent of their parents or legal representatives. Participation in the Contest is free of charge. Purchasing Molten Corporation products is neither necessary for participation nor does it increase the chances of winning The participant requires an Instagram account in order to participate. Instagram is no organizer of this competition. Participants cannot raise any claims against Instagram. 3. Contest Period The Contest will start on November 15, 2017 and ends on December 18, 2017 at 23:59:59 (hereinafter referred to as "Contest Period"). Molten Corporation s computer system and the time of publication or receipt of entries given therein is solely decisive for the compliance with the Contest Period. 4. Process of the Contest 4.1. In order to participate in the Contest, participants must post a photo of themselves with a ball in their hands at the moment of a jump throw, as if they were representing the logo of a handball

2 championship. The photo must be posted on Instagram using the hashtags #MoltenPhotoContest The participant agrees to comply with the rules and guidelines of the Instagram platform and to ensure that their photo is visible to the public and can be found with the hashtags #MoltenPhotoContest Photo posts that do not contain the hashtags mentioned above and photos that do not match the motive will not be taken into account. 5. Winnings/Contest Winners 5.1. A jury of 3 people at Molten Corporation`s choice selects eight (8) winners of the Contest. The winners of the Contest will be selected from all submissions filed during the Contest Period, from December 22, 2017 onwards The jury will evaluate all valid entries and select the winners according to the rules of the Contest and the selection criteria. The evaluation of the photos is based on the following criteria: creativity, originality, relevance, visual impact and style. The selection of the jury is incontestable. Legal actions are excluded. Requests to Molten Corporation regarding the status of submissions and/or photo evaluation will not be answered The winners will be published on the official Instagram account of Molten Corporation (moltenhandball). 6. Prizes 6.1. The eight (8) winners will each receive one (1) official ball of the 23rd IHF Women's Handball World Championship The approximate retail value ("ARV") of each prize is 74, The prizes are awarded by Molten Corporation without warranty, guarantee or assurance, neither expressly nor implicitly The winner is if applicable responsible for any taxes incurred. The prizes are not transferable and cannot be assigned. The value of the prize cannot be granted in cash. The Molten Corporation reserves the right to substitute a prize with one of comparable prize. 7. Ownership of rights/exemption 7.1. By taking part in the Contest, the participant warrants and guarantees that

3 7.1.1 He/she has created the uploaded content himself/herself and at his/her own expense and is therefore the sole owner of the copyright and usage rights in the content transmitted The contents are free of third party rights and can be used in any form. This includes that the participant is entitled to present all objects, buildings and persons contained in the photos, including any personal rights and/or name rights of any third parties imaged, named or otherwise included in the contents The content posted does not violate any relevant legal or official regulations, nor offend against common decency (i.e. in particular do not have content that is harmful to minors, pornographic, racist, glorifying violence, incitement to hatred or offensive). 7.2 If one or more persons are shown on the photo, these must agree to the photo being published. Ideally, written permission should be obtained. 7.3 In case third parties nevertheless claim an infringement of their rights, the participant(s) shall indemnify Molten Corporation upon first request from all claims, including reasonable costs of legal defense. 8. Rights of Use 8.1. The participants agree that their photos may be used, circulated and otherwise made publicly available to third parties by Molten Corporation in online and offline media (i.e. in the print sector) in connection with the Contest, the lottery, processing and presentation of the entries and for marketing purposes. For these purposes, Molten Corporation is also entitled to edit the photos and, if necessary, to grant rights of use to third parties. This right is granted free of charge and without any spatial, content-related or timely limitation. This consent can be revoked at any time by to 8.2. Molten Corporation is not obliged to check the photographs provided by the participants regarding potential infringements of the rights of third parties. However, Molten Corporation is entitled to refuse accepting photos if they are deemed illegal or immoral at its sole discretion. Furthermore, contributions may be rejected if their publication violates applicable laws and/or may have an offensive defamatory character. Images, which do not correspond to the given theme of the Contest or which may damage the reputation of Molten Corporation can be excluded from publication and participation in the Contest at any time By accepting a prize, the participant agrees that his/her name and the photo he/she used as well as all other data provided by the participant on a voluntary basis may be published, circulated, reproduced, processed or otherwise used in any known and future media channels free of charge. The participant assigns all rights of use in relation to the photo to Molten Corporation.

4 9. Handling 9.1. A payment of the prize in cash, in similar kind, in exchange or transfer to other persons is not possible. A participant can waive the prize. In this case, the next participant in the order of the winners will replace him/her, if possible The participants will be notified of prize winnings via Instagram in due course and will be asked to provide their address for submission of the prize If the participant fails to respond within a reasonable period of time after two requests, the prize may be transferred to another participant. Para 6.1 shall apply accordingly. If the contact information provided is incorrect, Molten Corporation is not obliged to research the correct address. The disadvantages resulting from the indication of faulty contact data are borne by the participants. 10. Exclusion from Participation In the event of a violation of these rules and regulations, Molten Corporation reserves the right to immediately exclude participants from the Contest without prior notice In addition, Molten Corporation reserves the right to exclude participants who make use of unauthorized tools or otherwise gain advantages through manipulation (particularly group or multiple entries that exceed the number of allowed contributions). This is the case, for example, if automatic scripts, hacker tools, Trojan or viruses are used or if a participant gains an advantage by other unauthorized means. Furthermore, false personal data and the use of "fake profiles" can lead to exclusion. In such cases, profits may also be withdrawn and/or reclaimed subsequently In addition, Molten Corporation reserves the right to exclude individual participants from participating in the Contest if the photos provided by the participant or the user name or nickname violate the rights of third parties or contain content that is particularly harmful to minors, pornographic, racist, glorifying violence, incitement to hatred or offensive. 11. Untimely Termination or Breaking -Off of the Contest Molten Corporation is entitled to untimely terminate, suspend or modify the Contest if unforeseen circumstances beyond Molten Corporation's control occur, which make the original processing more difficult or unreasonable for Molten Corporation. This includes, in particular, but not exclusively, unauthorized interference by third parties, technical problems with hardware or software outside Molten Corporation's control, as well as infringements of rights that are directly

5 connected with the implementation of the Contest, in particular manipulative interference in the course of the Contest Molten Corporation notes that the availability and functioning of the Contest cannot be guaranteed at all times. The Contest may be terminated or removed at any time due to external circumstances and constraints, without arising any claims of participants against Molten Corporation. This may include technical problems, rule changes, or decisions made by the Instagram platform. 12. Data Privacy Molten Corporation collects and uses the personal data of participants for the purpose of the Contest to be held. Any further collection and use of the data will only take place if the participant agrees to this The following data will be collected by Molten Corporation from the participants and will be used to design, carry out and process the Contest: name, address, user name, submitted photo In addition, the legal data protection provisions shall apply Upon written request or at least request in text form, participants of Molten Corporation may at any time request information about which personal data is stored at Molten Corporation, request its correction and deletion, and revoke consent to the use of data. In case of questions regarding the collection, processing or use of personal data, information, correction, blocking or deletion of data, the participant should contact: Molten Campaign Management Office, The revocation must be sent to the following address 13. Liability Molten Corporation shall not be liable for any loss or damage to submitted photos nor for any damages incurred during or in connection with the creation of the photos Molten Corporation further disclaims any liability for errors in the transmission of data; theft or destruction and unauthorized access to and/or change of participant data technical errors of all kind; damages to participant's computer or any other person resulting from participation in the Contest.

6 13.3. Molten Corporation shall be liable without limitation if the cause of damage is based on intent or gross negligence Subject to para 7, Molten Corporation shall be liable for any slightly negligent breach of essential obligations, the breach of which threatens the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which made the proper performance of the Contest possible in the first place and on which the contracting parties regularly rely on. In this case, Molten Corporation shall only be liable for foreseeable, contract-typical damage. Molten Corporation shall not be liable for the slightly negligent breach of obligations other than those mentioned above The aforementioned limitations of liability shall not apply in the event of injury to life, body and health, for a defect after acceptance of quality guarantees for the quality of a product and for maliciously concealed defects. Liability according to the product liability law remains unaffected As far as Molten Corporation's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives, vicarious agents and subcontractors of Molten Corporation. 14. Miscellaneous Legal actions are excluded The laws of the Federal Republic of Germany shall apply If any of these rules and regulations should be or become invalid, the validity of the remaining rules and regulations shall remain unaffected Molten Corporation. All rights reserved.