WE.AR DIVA CONTEST TERMS AND CONDITIONS
1. Promotion Details
By entering the WE.AR Diva contest you agree that you have read and understood these Terms and Conditions and agree that you will be bound by them. These Terms and Conditions govern your relationship with Soul Vision Creations Private Limited, a company incorporated under the Indian Companies Act, 2013, and having its registered office at No. 2C-1, Block No.1, 15 th Cross 1A Main, AIS Officers Colony, Sector VI, HSR Layout, Bengaluru 560102, India, and is no way sponsored, endorsed, administered or associated with Instagram and Facebook.
These Terms and Conditions, the terms and conditions of Instagram and Facebook and all other information provided prior to entering the WE.AR Diva contest (the “Prize Draw”) form part of the rules of entering this Prize Draw (the “Rules”). Entering the Prize Draw you agree that you have read, agree to and are bound by the Rules.
- To enter the Prize Draw, you are invited during the Prize Draw Period to follow the instructions to:
i. User will need to create a video which is about showcasing how they creatively interact using the camera filter along with the visual content within the camera filter. Once they load the camera filter, tapping on the avatar starts the motion. User will record a video and download the same on their device to share as a social media post.
ii. User will post the video tagging WE.AR social media account with hashtag "#weardiva". User will also have to follow and/ or like the WE.AR social media account.
iii. The winner of the contest will be tagged as the Diva of WE.AR platform and will wins the prize as per announced in the contest.
- The Prize Draw will run from 3rd September 2019 (the “Starting Date”) till 9th September 2019 (the “Closing Date”) (collectively the “Prize Draw Period”). For the avoidance of doubt no entries will be counted before or beyond the Prize Draw Period.
- You must be aged 16 years old or over (as of the Starting Date) to enter this Prize Draw. If you are under 16 years old, your entry will be disqualified. If you are 16 years old, or over, you are eligible with no permissions required.
- Full details of the Prize including location, times and audience information will be disclosed to the Winner.
- The Prize may be filmed and photographs taken and by entering this Prize Draw you grant permission for use of all footage (filming and photography) as per clause 3.2 and 3.3 below.
- In the event that the Winner do not, or are unable to, comply with and meet the Rules, Soul Vision Creations Private Limited shall be entitled at its discretion to disqualify the Winner without any further liability to them. No liability shall attach to Soul Vision Creations Private Limited (and its licensees, affiliates and assigns) as a result thereof.
- Soul Vision Creations Private Limited (and its licensees, affiliates and assigns) reserves the right to cancel the Prize Draw or amend these Terms and Conditions without notice in the event of circumstances outside its control, including without limitation, a major catastrophe, war, civil or military disturbance, strike, earthquake or any actual, anticipated or alleged breach of any applicable law or regulation or any other similar event or the postponement or cancellation of the event beyond Soul Vision Creations Private Limited No liability shall attach to Soul Vision Creations Private Limited as a result thereof. If a sufficient number of eligible entries are not received by the end of the Prize Draw Period, Soul Vision Creations Private Limited reserves the right not to award any or all Prize(s).
- Employees and their immediate families of Soul Vision Creations Private Limited and/or agencies associated with this Prize Draw are ineligible to enter. Any such entries will be invalid.
3. Submitted Material
- By entering the Prize Draw you warrant and represent that your Entry does not and shall not contain any material that, in Soul Vision Creations Private Limited sole discretion (including but not limited to):
(i) impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity, without such person or entity’s prior written consent;
(ii) constitutes personally identifying information or other personal or identifying information about you or any individual;
(iii) is false, deceptive, misleading, scandalous, indecent, criminally obscene, pornographic, unlawful, blasphemous, defamatory, libelous, fraudulent, tortuous, threatening, harassing, hateful, degrading, intimidating, or racially or ethnically offensive, or contains nudity, pornographic images, explicit sexual themes or graphic violence;
(iv) encourages conduct that could be considered a criminal offense, could give rise to criminal civil liability, or could violate any law, or that could otherwise be considered inappropriate;
(v) constitute a virus, worm, Trojan horse, time bomb, spyware, or other computer code, file or program that is harmful or invasive or may, or is intended to damage or hijack the operation of, or to monitor the use of, Soul Vision Creations Private Limited or any hardware, software, or equipment;
(vi) constitutes any advertising, promotional material, or other form of solicitation; or
(vii) constitutes any non-public information about a company.
- By entering the Prize Draw, you hereby grant to Soul Vision Creations Private Limited(and its licensees, affiliates and assigns); an exclusive worldwide, royalty free, perpetual and irrevocable licence to use, edit, copy, transmit, display, exploit, manipulate, distribute, reproduce, make, sell or offer to sell; exercise all copyright, trademark, publicity and other proprietary rights (and to sub-licence such rights) including recording, filming and photographing your likeness as part of the Prize and any information you provided or any part thereof, in any and all media (by any and all means now known or developed in the future), including without limitation, use on commercial audio or video products, the Artist’s social media websites and all forms of advertising and merchandise.
- For the avoidance of doubt you understand that on a non-exclusive basis (and as part of your acceptance of the Prize) Soul Vision Creations Private Limited (and its licensees, affiliates and assigns) may use your voice, your likeness, photographs of you (with others, if applicable) and any audio or audio-visual recordings and film footage of you (with others, if applicable) taken in connection with the Prize Draw in perpetuity for any and/or all purposes (whether promotional and/or commercial) and in any and/or all media without payment. If the Prize allows you to bring a guest, your guest must accept these conditions in order to be permitted to accompany you as part of the Prize.
- Soul Vision Creations Private Limited may at its sole discretion opt not to use, without notice or reason, any Entry that Soul Vision Creations Private Limited believes is inappropriate or in breach of these Rules or if it simply does not wish to use them.
4. The Prize
- (i) After the Prize Draw Period, 1 (one) “Winner” will be selected by Soul Vision Creations Private Limited (at Soul Vision Creations Private Limited’s sole discretion) from all eligible Entries to win the Prize.
(ii) In the event that the Winner does not, or is unable to, comply with and meet the Rules, Soul Vision Creations Private Limited shall be entitled at its discretion to disqualify the Winner, without any further liability to the Winner. No liability shall attach to Soul Vision Creations Private Limited as a result thereof.
- In the event that the Winner is unable for whatever reason to accept the Prize, or in the event of non-compliance with the Terms and Conditions, or if the Required Agreement(s), if required, is/are not properly executed, Soul Vision Creations Private Limited shall be entitled at its discretion to disqualify such Winner without any further liability to that person and the Prize will be forfeited and an alternative Winner may be selected from all remaining eligible Entries. Upon Prize forfeiture, no compensation will be given. You agree to comply fully with each provision in the Rules.
- In all cases Soul Vision Creations Private Limited (and its licensees, affiliates and assigns) shall not be liable for any email notification that does not reach the Winner for reasons beyond Soul Vision Creations Private Limited (and its licensees, affiliates and assigns) reasonable control. Soul Vision Creations Private Limited (and its licensees, affiliates and assigns) shall not be responsible for any costs or losses incurred directly or indirectly by the Winner as a result of an incorrect email address given by the Winner.
- Soul Vision Creations Private Limited (and its licensees, affiliates and assigns) accepts no responsibility for entries lost, damaged or delayed, or for any difficulty experienced in accessing or submitting your Entry. Late, damaged, defaced, illegible, incomplete or suspected fraudulent Entry will not be accepted. Proof of dispatch of the Entry (whether electronic or postal) will not be accepted as proof of receipt by Soul Vision Creations Private Limited.
5. General Terms
- Soul Vision Creations Private Limited reserves the right to verify the eligibility of your Entry. Soul Vision Creations Private Limited may request that the Winner contact Soul Vision Creations Private Limited to confirm that they are a winning entrant and/or to provide proof of identity, age and residency. In the event of a dispute as to the identity of an Entry, any Entry will be deemed to have been submitted by the authorised holder of the email account from which the Entry was submitted. You may be requested to provide Soul Vision Creations Private Limited proof that they are the authorised holder of the email account associated with the winning Entry.
- Entries that are incorrect or incomplete will be void. No refund will be made for the cost of any Entry. Soul Vision Creations Private Limited may refuse to award the Prize, or withdraw the Prize, in the event of your fraud, dishonesty or non-entitlement under the Rules.
- The Winner may be required, as a condition of being awarded the Prize, for no remuneration, to participate in promotional and publicity materials at the reasonable request of Soul Vision Creations Private Limited and it shall be conditional of being awarded the Prize the Winner must consent and agree to do so.
- In the event of any fault, mistake, misunderstanding or dispute concerning the operation of any part of the draw, the decision of Soul Vision Creations Private Limited shall be final.
- Soul Vision Creations Private Limited (and its licensees, affiliates and assigns) is not responsible for internet, network, telephone line or communication failures of any kind or for entries that are incomplete, corrupted, incomprehensible or not received before the Closing Date and Closing Time. Such entries will be void.
- Soul Vision Creations Private Limited assumes no responsibility for damages, losses or injuries that result from your Entry in this Prize Draw or acceptance or use of any Prize, provided that nothing in the Rules shall exclude or limit Soul Vision Creations Private Limited liability for death or personal injury caused by its staff or supplier’s negligence or for fraud.
- You hereby agree to release and hold harmless Soul Vision Creations Private Limited, its parent companies, affiliates, subsidiaries, divisions, advertising and promotion agencies and its respective employees, officers, directors, agents, representatives, shareholders and Prize partners (collectively, the “Releasees”) from any claims, actions, injury, loss or damages of any kind, including but not limited to, any damage to the entrant's or any other person's computer relating to or resulting from participation in, or downloading of any materials or software in connection with, this Prize Draw, personal injury or death (except for liability for death, personal injury and damage or loss caused by negligence, which is not excluded) resulting from participating in this Prize Draw or from the acceptance, possession, or use or misuse of any Prize awarded or participation in any Prize-related activity. This limitation of liability is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages; loss of data, income, or profit; loss or damage to property; and claims of third parties. Eligible participants agree that Releasees have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, statutory, express or implied (including but not limited to, the implied warranties of merchantability, title, and fitness for a particular purpose), in fact or in law, relative to the Prize Draw or the Prize awarded. Without limiting the generality of the foregoing, Releasees do not make any express or implied warranties or representations with respect to any promotional web site and Releasees shall not be liable for the consequences of any interruptions or errors related thereto. These terms give you specific legal rights. The provisions regarding implied warranties are void in some jurisdictions where implied warranties are prescribed by law.
- Should one or more provision of these Terms and Conditions and Rules be unlawful, void, or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and enforceability of the remaining provisions and the remainder of the Terms and Conditions and Rules will thus remain in full force and effect.
6. Privacy and Data Collection
- Unless you tell us otherwise, your details will not be shared with selected third parties for marketing.
- For the avoidance of doubt Soul Vision Creations Private Limited will be the data processor of the personal data collected from you and/or third parties in order to enter you into the Prize Draw.
- By submitting your Entry to this Prize Draw, you expressly permit Soul Vision Creations Private Limited (and its licensees, affiliates and assigns) to identify you as the contributor of such Entry and the content of such Entry to the Prize Draw in any publication in any form, media or technology now known or later developed, unless you otherwise notify Soul Vision Creations Private Limited in writing at the time you submit your entry written notification can be sent to Soul Vision Creations Private Limited- No. 2C/1, Block No.1, 15th Cross, 1A Main, AIS Officers Colony, Sector 6, HSR Layout, Bangalore-560102.
- The Rules and this Prize Draw are governed by the laws of this agreement and any dispute will be subject to the exclusive jurisdiction of the Courts of Bengaluru, India.