PayPal Instagram contest #paypalgotyoucovered TERMS AND CONDITIONS

Transcription

1 PayPal Instagram contest #paypalgotyoucovered TERMS AND CONDITIONS 1. THE CONTEST 1.1. PayPal Pte Ltd, a company registered in Singapore, under registration number E, whose address is 5 Temasek Boulevard, #09-01, Suntec Tower Five, Singapore ( PayPal ) is organising a contest (the Contest ) during which users who have an account on Instagram (the Participants ), may upload on Instagram using hashtag #paypalgotyoucovered (the Hashtag ), a photo with a theme best online purchase, taken by them (the Photograph ) The Contest starts on March 18 th, 2016 at 00:01 (the Contest Launch Date ) and terminates April 22 nd, 2016 at 23:59:59 (the Contest Termination Date ), (the Contest Period ) After the Contest Termination Date a jury consisting of three PayPal employees of PayPal s choice (the Jury ) shall proclaim 5 winners (the Winners ) whose Photographs, compliant with these Terms and Conditions, shall be displayed on the Instagram #paypalgotyoucovered gallery (the Gallery ). Each week during the Contest Period, the Jury will pick a Winner. Each Winner of the week will be announced the following Friday. The selected Winners shall each be awarded the prize described in Section 5 (the Prizes ). The decision of jury is final and cannot be modified or contested A Participant s participation in the Contest will be construed as an acceptance of these Terms and Conditions. If the Participants do not agree to any of these Terms and Conditions, the Participants should not participate in the Contest This Promotion is open to all residents of South Africa Employees (or family members of employees) of any group company of PayPal, FNB and/or companies associated with the Contest and all affiliates of such companies may not enter this Contest. 2. HOW TO ENTER 2.1. In order to benefit from the Contest, during the Contest Period, a Participant must : be a PayPal user with an active PayPal account be a resident of South Africa be at least 18 years old; proof of age may be required upon PayPal s request, provide acceptable proof of name, age, and address have a valid Instagram account post on Instagram a Photograph with a theme #paypalgotyoucovered

2 add the Hashtag when uploading the Photograph on the Instagram Entries without the Hashtag shall be null and void and shall not be included in the Contest Each Participant will be entitled to share more than one Photograph; however, each Participant can win only one time in this Contest Multiple or duplicate submissions of the same Photograph (including entries that in the view of PayPal are substantially the same) will be invalid and excluded from the Contest PayPal reserves the right to determine the time of upload Participants may not submit their entry through agents or third parties, but directly. Incomplete entries, and entries which do not satisfy the requirements of the Terms and Conditions, will be disqualified and will not be counted If PayPal has grounds to suspect any Participants or third party of cheating, deception or fraudulent or unsportsman-like conduct of any kind (including, without limitation, manipulating the promotion, choice of prize winner(s) or any entry) PayPal reserves the right (in its sole discretion) to disqualify any Participant, entry or person it reasonably believes to be responsible for, or associated with, such activity. Without limitation, such conduct may include use of multiple accounts controlled by the same individual In the event that the winner's entry features other individuals, the winner must be able to provide written acceptance of these Terms and Conditions signed by all individuals featured in the winning entry within 48 hours of being contacted by PayPal. If the Winner is unable to do so, PayPal reserves the right to reallocate the Prize to a new winner, in accordance with the Jury s new proclamation. 3. WINNER SELECTION AND NOTIFICATION 3.1. PayPal s decision on the Contest Winners is final, absolute and indisputable, and the Participant will have no claim in this regard Within 30 days after the Contest Termination Date, PayPal will contact each of the Winners using the Instagram account s name provided when submitting the Photograph in order to give the Prizes, respectively (the Information ) After obtaining the Information, each of the Winners is obliged to submit the following information on the address: paypalgotyoucovered@paypal.com no later than April 30 th, 2016 (the Information Date ): First and last name PayPal address address Residential address.

3 If the Winner does not provide all of the Information mentioned above by the 30 th of April, 2016, the Winner shall lose his entitlement to the Prize and shall have no claim against PayPal. 4. PRIZE 4.1. The prizes will be awarded to 5 Winners subject to the following conditions : Within 30 days after the Information Date, the Winner will 500 USD on his PayPal Account to use by the Winner at his own discretion Prize money should be spent or withdrawn within 30 days of receipt of funds If the registered account holder of the Instagram account was used to submit the winning entry has claimed the Prize, PayPal shall have no obligation to any other individual appearing in that winner s entry The Winner and the accompanying person must be at least 18 years old. 5. LICENCE AND EXCLUSIVITY 5.1. Without prejudice to any licence granted to ICONOSQUARE pursuant to acceptance of its Terms of Service, by entering this Contest (and in consideration of your participation in the Contest, including the opportunity to win the Prize) Participants hereby grant an irrevocable licence (i.e. permission) for PayPal and its selected sublicensees to use their entry (and/or parts of it, and to edit and adapt it as PayPal may decide) for all purposes, (including commercial purposes) commencing on the date upon which their enter the Contest until 12 months after the Contest Termination Date (the Usage Period ), throughout the world in any and all media whether now known or hereafter invented, without further remuneration By entering this Promotion, Participants warrant that they (and any individual(s) appearing in their entry) are not a party to (whether directly or via any third party or third parties), nor negotiating with any entity or person in respect of, any of the following agreements (including any amendments or variations thereto): an agreement relating to one or more of Participants merchandising, sponsorship and endorsement rights, book publishing rights and/or to the supply of Participants services in respect of Participants appearance on television or in any other medium and/or Participants live appearance, touring or otherwise; an agreement relating to the supply of Participants services as a photographer and/or the products of those services; and Participants agree not to enter into such an agreement or negotiation, or any agreement or negotiation in relation to your post/photograph or any of the rights which might be granted under any such agreement within 3 months from the date of Participants entry into the Promotion.

4 Participants agree to waive, and not to assert (and warrant that any individuals appearing in Participants entry have waived and agreed not to assert) any moral rights (or similar or equivalent rights anywhere in the world, including image rights) in and in connection with Participants entry during the Usage Period to the extent permitted by law. Participants agree (and warrant that any individuals appearing in Participants entry have agreed) to Participants entry being edited at PayPal discretion, and that PayPal is not obliged to identify Participants nor any individual appearing in Participants entry -in connection with Participants entry Participants agree to do such other things and execute such other documents as are reasonably requested of Participants by PayPal in order to allow PayPal to use Participants entry for any purposes, including without limitation registration before any authority and completion of a form of written licence Please note that entries may also appear on PayPal social networks and websites during the Usage Period and for a reasonable time thereafter. Given the nature of online content, Participants understand that Photograph may be available online even after the Usage Period; Participants agree that they shall not hold PayPal, their employees, officers, agents and contractors responsible or liable for any use of your entry by third parties either during or after the Usage Period. PayPal (and its selected sub-licensees) may also attribute Participants name to their Photograph where the same is featured on their respective websites, as applicable Participants agree that PayPal may commercially exploit Participants entry as it sees fit during the Usage Period without any payment to Participants, and that it may, in its sole discretion, elect not to publish, use or exploit Participants entry or any part of it, or elect to stop publishing, using or exploiting the same. Participants also agree that after the Usage Period PayPal can use entries for internal and archival purposes without limitation in time without notification or remuneration Photographs which appear (upon PayPal initial review) to satisfy the eligibility requirements may appear in displayed in the Gallery at PayPal s absolute discretion Participants entry may be subject to moderation by PayPal. PayPal may edit, disqualify and/or remove from the Gallery any material it considers to be in breach of the Terms and Conditions. 6. PRIVACY For participation in the Contest, the Participants acknowledges that their Instagram username will appear on the designated PayPal contest page presented on the ICONOSQUARE website (the Contest Page ) along with the Photograph. The other details provided by the Participants will only be used for contacting the Winners.

5 By entering the Contest, the Winners agree that their full name along with the Photograph may be released at the Contest Page. The Winners give PayPal the right to publish their names on the Contest Page without separate consent or compensation The Participants use of the Contest Page constitutes an acceptance to the fact that PayPal can supervise their use of the Contest Page including through "cookies" and/or other similar means. PayPal is allowed to use any such information for the purpose of monitoring and/or control of the Contest Page and/or development of the Contest Page and/or maintaining the quality of use of the Contest Page and/or for other purposes of PayPal /or for compliance with any law PayPal will maintain the Participants' privacy and not give out identifying details about Participants whom are not authorized by law, except for details and public information published by the Participant himself PayPal will use information Participants provide for the purpose of administering this Contest, managing Contest entries, and publishing the Winners of the Contest as described in these Terms and Conditions If Participants believe that any information PayPal has about them is incorrect or incomplete, please contact, PayPal by at PayPal will correct or update any information as soon as practicable. PayPal reserves the right to pass on the personal details associated with an entry that causes it concern to the relevant legal or other regulatory authority. Please see PayPal privacy policy ( for further information about how PayPal collect, use and share Participants personal information. By providing Participants personal data and entering the Contest, Participants consent (and confirm that they have the consent of any other individual appearing in their entry) to the PayPal use of their personal information as detailed in these terms. 7. RESPONSIBILITY 7.1. PayPal does not take responsibility for network, computer, hardware or software failures of any kind, which may restrict or delay the sending or receipt of Participant s entry Participation in the Contest shall be the sole responsibility of the Participants. PayPal shall not be liable for any damages, including without limiting the foregoing, caused injury to any of the Participants and/or as a result of the participation and/or nonparticipation in the Contest or any part of it Participants bear full responsibility for any content they will share as part of the Contest. Without derogating from the above, the Participants undertake not to share any content that includes negative and/or slandering images of PayPal and/or PayPal Services.

6 Participants also undertake not to upload content infringing intellectual property rights and/or copyrights of any third party and in addition are obligated to receive the consent of anyone whose details appear in the shared contents Without limiting the generality of the foregoing, it is clarified that it is forbidden to upload and/or publish on the website content that is inappropriate and/or sexually abusive and/or any other content that violates any proprietary rights and content whose publication is prohibited by any law PayPal is not responsible for any technical malfunction related to the Contest Page and Instagram systems and does not guarantee that the services provided on the Contest Page and Instagram, in whole or in part, will be provided without interruption and without error and will be immune from unauthorized access to PayPal's computers or from malfunctions, damage or software issues, hardware and communication lines of PayPal and/or any of its suppliers and/or its representatives Instagram and Contest Page activity depends, among other things, on third parties. PayPal is not responsible for any actions or omissions of third parties and will not be liable for any damage and/or loss and/or expense caused to the participant and/or any third party as a result of the foregoing It is explicitly clarified that PayPal will not be responsible in case of lack of access, for any reason, of a Participant or potential Participant, to Instagram or Contest Page PayPal bears no responsibility for the content and/or shape and/or accuracy and/or reliability of the content uploaded to Instagram or Contest Page. Note that in case of any change or cancellation of the Contest or any part thereof, the Participant will not be entitled to any compensation The Participant hereby exempts PayPal absolutely, finally and irrevocably from responsibility for any damage, loss or expense of any kind whatsoever, caused and/or will be caused to PayPal and hereby undertakes to indemnify PayPal for any damage, loss or expense of any kind whatsoever, including legal expenses, caused and/or will be caused to PayPal and/or to any third party and which is related, directly or indirectly, to the content sent to and/or any activity or use of the Contest Page and Instagram, and that shortly after the first demand of PayPal and hereby waives fully, finally and unconditionally any claim and/or demand against PayPal in connection with such content and/or browsing the Instagram or Contest Page and their use By submitting their entry, Participants warrant and undertake that: at the time of entering, any recognizable individual(s) appearing in Participants entry and Photograph have duly accepted to be shot by Participants and accepted Participants Photograph be used to entry to the Contest; Participants entry does not infringe any third party rights;

7 Participants entry does not infringe any intellectual property rights (excluding any intellectual property rights owned by or licensed to PayPal), and Participants are the legal and beneficial owner of all intellectual property rights in their entry; Participants have the right to grant PayPal the permission and consents necessary to use their entry as set out in the Terms and Conditions, including from any individual(s) appearing in their entry; Participants entry does not feature any person under the age of 18; Participants agree that PayPal may, in its sole discretion, commercially exploit their entry as it sees fit during the Usage Period, or elect not to publish, use or exploit their entry (or to cease the same) in accordance with the Terms and Conditions Participants entry shall comply with the Instagram Terms of Service ( Participants entry does not contain any discriminatory, obscene, defamatory or otherwise objectionable material, nor anything which may reasonable be considered to be offensive (whether by image, gesture, statement or other material of any kind). 8. GENERAL 8.1. PayPal reserves the right to amend these Terms and Conditions at any time Except in the case of death or personal injury arising from negligence, or in respect of fraud, and so far as is permitted by law, PayPal and their associated companies and agents exclude responsibility and all liabilities arising from: any postponement or cancellation of the Contest, and any changes to, supply of (including, without limitation, prizes which do not reach the intended recipient), or use of the Prize, and any act or default of any third party supplier which are beyond the PayPal s reasonable control Winner(s)/entrants agree: to co-operate with and take part in reasonable publicity for and on behalf of PayPal upon request (which may include, without limitation, press and promotional activities); to allow PayPal to use their name and likeness for advertising and publicity purposes without additional remuneration; not to make any reference to PayPal; in relation to this Promotion (for example, by holding press conferences or making press releases) or use any of the PayPal trademarks without written approval

8 This Contest, and any dispute or claim arising out of or in connection with it, shall be governed by and construed in accordance with English law. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Promotion.