OFFICIAL RULES Swarovski “#magicwintermoments” Contest/Sweepstake
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. Void Where Prohibited.
1. Sponsor: D. Swarovski Tourism Services GmbH (“Sponsor”).
2. General Conditions: The Swarovski “#magicwintermoments” Contest/Sweepstake (the “Contest/Sweepstake”) is open to participants who:
- are at least 21 years of age (or at least the age of majority in participant’s country of residence);
- are not residents of Cuba, Burma/Myanmar, Iran, Syria, Sudan, North Korea or Venezuela;
- did not purchase products/services distributed by Sponsor, Instagram for the purposes of entering or participating in this Contest/Sweepstake, (the “Participant”);
- are visiting the sight of Swarovski Crystal Worlds in Wattens, Austria (the purchase of an entrance ticket is not mandatory for participating in this sweepstake).
Employees of the Sponsor, Instagram, and any of their parent and affiliate companies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to enter or participate in this Contest/Sweepstake and to win a prize. The entry or participation in this Contest/Sweepstake is subject to all applicable federal, state, provincial, territorial, municipal and local laws, directives and regulations and shall be void if prohibited in accordance to the aforementioned laws, directives and regulations.
Sponsor reserves the right to cancel, suspend and/or modify the Contest/Sweepstake in whole or in part, in particular but not limited to any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest/Sweepstake. Sponsor reserves the right in its sole discretion to disqualify any Participant it finds:
- to be tampering with the Entry processes or the operation of the Contest/Sweepstake;
- to be acting in violation of these Official Rules or any other promotion; or
- to be acting in an unsportsmanlike or disruptive manner.
Any attempt by any person to deliberately undermine the legitimate operation of the Contest/Sweepstake may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Participation in this Contest/Sweepstake constitutes Participant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Contest/Sweepstake. Winning a prize is contingent upon fulfilling all requirements set forth herein.
3. Timing: The Contest begins on Tuesday, 06.12.2016 at 00:00:00 Central European Time ("CET") and ends on Sunday, 22.01.2017 at 23:59:59 CET (the " Contest/Sweepstake Period"). Sponsor's computer is the official time-keeping device for the Contest/Sweepstake.
4. How to Participate:
- via Swarovski Crystal Worlds website www.kristallwelten.com/magicwintermoments: Participation in the Contest/Sweepstake requires filling in the upload form on the Swarovski Crystal Worlds website
- via E-mail to email@example.com: Participation includes holding a valid E-mail-address.
ENTRY: Participants must follow the instructions given of how to use the “#magicwintermoments” Contest/Sweepstake application on the Swarovski Crystal Worlds website www.kristallwelten.com/magicwintermoments, Swarovski Instagram page or on-site of the Swarovski Crystal Worlds. As a second step Participants shall enter their name and email address. Depending on the transmission of the photo Participants shall:
- Instagram: hashtag each image posted on Instagram with "#magicwintermoments"
- Website: fill in the upload form on the website and upload their image on to this form
- E-Mail: send an E-mail to the Swarovski E-mail-address firstname.lastname@example.org including the subject "#magicwintermoments", their name and the image attached. (“Submission”).
Participants need not to purchase any Sponsor’s products or services in their images.
LIMIT: Entry/entries per person or email address during the Contest/Sweepstake Period shall not be limited to a specific number; the upload of an image shall not exceed 10MB. Entries generated by script, macro or other automated means are void. Participant must have permission from all individuals that appear in the Submission to use their likeness in the Submission and to grant the rights set forth herein. If requested, Participant must be able to provide such permission in a form acceptable to Sponsor. In the event that two or more Submissions appear to be substantially similar to one another, Sponsor will judge the Submission that was uploaded first and will not judge the later, substantially similar Submission.
In the event of a dispute as to any Entry, the authorized account holder of the email address used to register for the Instagram personal account and for the Contest/Sweepstake will be deemed to be the Participant and must comply with these Official Rules. The authorized account holder is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each Participant may be required to show proof of being an authorized account holder. In the event that two different email addresses are used for the registrations required to participate in the Contest/Sweepstake, Sponsor reserves the right to use either email address for the determination of the identity of the Participant.
5. Guidelines for Images and Content Restriction:
Participants must ensure that their images comply with the Guidelines and Content Restrictions as defined below (“Guidelines and Restrictions”). By uploading an image, Participants agree that Sponsor, at its sole discretion, may remove an image and disqualify a Participant from the Contest/Sweepstake if Sponsor believes, at its sole discretion, that an image fails to confirm to the Guidelines and Restrictions.
The Guidelines and Restrictions consist of Technical Guidelines and Content Guidelines: Images must comply in full with both in order to be deemed a Submission.
Technical Guidelines: All images must be in a format recognized by Instagram and must not have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means. Most common and best format for this contest is jpg-format.
Content Guidelines: All images must not:
- contain materials that violate or infringe another’s rights, including but not limited to privacy, publicity or intellectual property, or that constitutes copyright infringement;
- disparage Sponsor or any other person or party affiliated with the Contest/Sweepstake;
- contain brand names or trademarks other than those owned by Sponsor, which Participant has a limited license to use to incorporate in his/her image in this Contest/Sweepstake
- contain images, artwork or other copyrighted material not created by Participant;
- contain material that is indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous (including, without limitation, depictions of nudity, sexual activity, offensive images or language, or other lewd behavior or activities);
- contain material inappropriate for the Contest/Sweepstake (including, without limitation, depictions of gang signs/symbols, weapons, violence, threats of violence, alcohol, drugs, or other such inappropriate behavior or activities);
- contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race gender, religion, nationality, disability, sexual orientation or age;
- depict the use of alcohol, whether in moderation or not;
- show license plates, phone numbers, personal addresses (physical or e-mail) or other information that could be personally identifiable of any person (whether that person is the Participant or not); and
- contain material that is unlawful, in violation of or contrary to the laws or regulations in any country (or subpart thereof) where the photo is created.
6. Winner Determination:
The winner of the Contest/Sweepstake will be determined by a jury at Sponsor's site including its Blog Editorial Team among the Submission (the “Winner”). Please note that there is no further information about this Contest/Sweepstake available. There is no right to appeal.
The potential winner will be notified by email on or around 08.02.2017. If the potential winner cannot be contacted, or does not comply with these Official Rules, then the potential winner will be disqualified and will forfeit the prize. If the potential winner is disqualified for any reason, the prize may be awarded to another Participant. If the alternate potential winner cannot satisfy the requirements as set forth in these Official Rules and thereby become the overall winner, then the prize will remain un-awarded.
THE POTENTIAL WINNER IS NOT A WINNER OF THE PRIZE UNLESS AND UNTIL HE/SHE SATISFIES ALL REQUIREMENTS AS SET FORTH IN THESE OFFICIAL RULES.
The five (5) Winners will win one of the following prizes (one (1) each; only one prize per Winner):
- Prize 1: Swarovski Optik CL Companion Binoculars incl. An adapter for iPhone 5/5s/6/6s: Approximate Retail Value (“ARV”): EUR 1.300
- Prize 2 – 6: Swarovski Jewelry: Approximate Retail Value (“ARV”) each: EUR 200
Winners are responsible for all taxes and fees associated with prize receipt and/or use.
NOTE: there is no claim to cash payment
8. Warranties and Representations:
AS CONDITIONS OF PARTICIPATION IN THIS CONTEST/SWEEPSTAKE, EACH PARTICIPANT WARRANTS AND REPRESENTS THAT THE ENTRY DOES NOT VIOLATE APPLICABLE LAWS OR REGULATIONS. Winner will indemnify Sponsor, Released Parties (as defined in Section 9. below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
By receipt of any prize, Winner agrees to release and hold harmless the Sponsor, Instagram, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest/Sweepstake or receipt or use or misuse of any prize, to the greatest extent permitted by applicable law. Depending upon the law of Participant’s country of residence, this release may not apply to claims against Sponsor, its representatives and its vicarious agents for damages because of personal injury or death
10. Limitations of Liability:
Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Participant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest/Sweepstake; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Entry process or the Contest/Sweepstake; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest/Sweepstake, the uploading, the processing or judging of Entries, the announcement of the prizes or in any Contest/Sweepstake-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Participant’s participation in the Contest/Sweepstake or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Entry. Under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
11. Intellectual Property Rights:
WITHOUT LIMITING THE GENERALITY OF THESE OFFICIAL RULES, THE WINNER AGREES TO IRREVOCABLY GRANT, TRANSFER, CONVEY AND ASSIGN TO SPONSOR THE ENTIRETY OF THE RIGHTS IN AND TO THE SUBMISSION, ANY DERIVATIVE WORKS MADE THEREOF, AND ALL RENEWALS AND EXTENSIONS OF COPYRIGHT TO ALL SUCH WORKS (INCLUDING THE RIGHT TO SECURE COPYRIGHT REGISTRATIONS THERETO) IN PERPETUITY (OR FOR THE LONGEST PERIOD OF TIME AUTHORIZED BY LAW, BUT IN NO CASE FOR ANY PERIOD OF TIME LESS THAN TEN (10) YEARS) INCLUDING, WITHOUT LIMITATION, THE RIGHTS TO USE THE SUBMISSION FOR ANY AND ALL PURPOSES IN ANY AND ALL MEDIA WHETHER NOW KNOWN OR HEREAFTER DEVELOPED, ON A WORLDWIDE BASIS. UPLOADING A SUBMISSION IN THIS CONTEST/SWEEPSTAKE ALSO CONSTITUTES PARTICIPANT’S WAIVER, TO THE EXTENT PERMITTED BY LAW, OF ALL MORAL RIGHTS CONFERRED UPON PARTICIPANT OR ARISING IN RESPECT OF PARTICIPANT’S SUBMISSION ANYWHERE IN THE WORLD. Winner further agrees to assist Sponsor with any or all filings, registrations, or other documentation as may be required to complete and perfect the assignment and transfer of rights. In the event that the Winner cannot transfer and assign the rights to the Submission as contemplated in this section, then Winner grants to Sponsor a non-exclusive, royalty-free, irrevocable, perpetual (or, if perpetual is prohibited by law, for the longest extent permitted by law but in no event less than ten (10) years), worldwide right and license to display, perform, modify, adapt, reproduce, encode, store, copy, transmit, publish, post, broadcast, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used) the Submission, in whole or in part, and any/all works based thereon, for any purpose reasonably related to the Contest/Sweepstake, including for promotional or marketing purposes, except where prohibited by law.
12. Data Protection:
To the fullest extent permitted by applicable law, Participant agrees that any and all disputes, claims and causes of action arising out of or connected with this Contest/Sweepstake or any prize awarded shall be governed exclusively by the material law applicable to the place of business of the Sponsor without references to the principles of conflicts of laws. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest/Sweepstake, but in no event attorneys’ fees.