OnePlus GameBox Contest Official Rules and Terms & Conditions

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  1. Charles C.
    Social Media Staff Member Apr 3, 2020

    Charles C. , Apr 3, 2020 :
    Contest Official Rules and Terms & Conditions

    When you make a submission (“Submission”) to the OnePlus GameBox Contest (“Contest”), you agree to abide by, and be bound by, these OnePlus GameBox Contest Official Rules and Terms & Conditions (“Rules”) below.

    1. Sponsor. The sponsor of the Contest is OnePlus Technology (Shenzhen) Co., Ltd. (along with its affiliates, agents, and licensed assigns, the “Company”).

    2. Contest Rules. Company will communicate the details of the details of the Contest through designated official Company channels (“Company Channel”), including official Company social media channels.

    a. Should there be a conflict between any Company Channels and the Rules, the Rules shall prevail.

    b. Company reserves the right to amend these Rules and/or the terms of a Contest at any time or to suspend or cancel the Contest without penalty.

    c. Company reserves the right to exclude at any time a Participant out of the Competition if a breach of the prescribed Rules and/or terms of the Contest is proven.

    d. The giveaway is open for participation from April 3rd 2020. The Participant should submit the answer by April 12th, 2020 at 11PM UTC+08.

    e. The Promoter will choose one (1) winner out of all the Participants after the submission period of the giveaway has ended.

    f. The winner of the giveaway will be announced on April 14th, respectively on OnePlus Twitter page (https://www.twitter.com/oneplus).

    g. Prize can only be shipped to North America, EU or India and Google Play gift cards can only be issued in USD/EUR/GBP/INR.

    h. The winner must provide his/her full name, email address and contact phone number via inbox message after being selected as the winner.

    i. The Promoter will contact the winner individually with full details upon receiving full contact details from the winner.

    3. How to Enter. A Contest participant (each a “Participant”; collectively, the “Participants”) must be at least eighteen (18) years of age at the time of participation and may enter the Contest from by following the process designated:

    a. Be a registered member of www.twitter.com

    b. To be eligible for this giveaway, participants must answer the Promotion, and follow the instructions listed in the giveaway post.

    c. The Participant must be a follower of the Promoter’s Twitter account.

    d. The Participant must Retweet the competition giveaway post.

    e. The answer shall be a Tweet posted in the ‘Comments’ section by the Participant and published on Twitter with the hashtags #OnePlus8Series.

    f. There is no restriction on what method the Participant uses to create the answer.

    g. There is no limit to the number of entries the Participants can submit, but each entry must be unique. Participants can only win a maximum of one (1) prize for the giveaway.

    To be eligible to win, Participants must make their Submissions through the prescribed process before the close of the Contest.

    4. Eligibility.

    a. Subject to the Company’s reasonable discretion, the Contest is open to individuals over the age of eighteen (18) residing in any eligible region throughout the World (“Territory”). Due to legal restrictions, the Company is unable to accept Submissions from Sudan, North Korea, Syria, Iran, Cuba, the Crimea region, or any other countries/regions which may be subject to export controls or sanctions at the time of the Contest.

    b. Should shipping to a Participant’s address be excessively difficult or expensive, the Company may, at its reasonable discretion, nominate an alternative winner.

    c. By making a Submission, the Participant represents and warrants that he/she is a resident of the Territory of at least eighteen (18) years of age.

    5. Winner Selection. One Participant will be selected from the Submissions and will be nominated as winner (“Winner”). The Winner selection mechanism shall be as follows:

    a. One (1) winner will be selected for submitting ‘the most creative answer’.

    b. ‘The most creative answer’ will be selected based on numerous criteria such as humor, creativity, likes, comments, shares, and other criteria within the Company’s discretion among all Participants who have submitted eligible answers.

    c. Only answers with the hashtags #OnePlus8Series will be considered.

    d. Where applicable, the decision of the judges is final based on the criteria set out in the promotion and no correspondence will be entered into over this decision.

    6. Prohibited Content. If Participants are submitting content, the Company, its officers, directors, employees, affiliates, agents, successors, and authorized licensees and assigns shall in no case be liable for the contents of any Submissions. Participants shall use good taste and judgment in creating and offering their Submissions. Each Participant shall be solely responsible for ensuring that his or her post:

    a. Does not offend the intellectual rights of third parties;

    b. Is free from obscenity or content that may be seen as harassment, intimidation, or bullying;

    c. Complies with all data protection and privacy laws;

    d. Complies with any and all other applicable laws;

    e. Is free from viruses or malware; and

    f. Is not otherwise inappropriate.

    7. License. By making a Submission, each Participant grants Company and its affiliates a perpetual, worldwide, irrevocable, fully paid-up, royalty-free license to transform, edit, modify, reproduce, distribute, transmit, publish, communicate to the public, broadcast, perform, display, or otherwise use the Submission, in whole or in part, with or without modifications, in any form or medium, including but not limited to, internet, print, point of sale advertising, flyers, leaflets, for entertainment, promotional and/or advertising purposes and/or any other purpose whatsoever.

    a. To the greatest extent permitted by law, Participants agree to waive and not to assert or invoke any so-called moral rights in relation to their Submissions.

    b. For the avoidance of doubt, the license referred to in this Section 8 is a fully paid-up license. By entering, you guarantee that your Submission is original as referred to above, and that you have all necessary rights to provide the Submission and to grant to Company as applicable the rights set out in these Official Rules, as well as the consent of any person identified, depicted or referred to in the Submission. You will indemnify and hold Company harmless for any breach of these provisions. Only the Winner(s) will receive a prize according to the next paragraph: ‘Prize’.

    8. Prize. Company may grant the prize(s) stipulated on the Company Channel (“Prize(s)”) to the Contest Winner(s). Subject to applicable law, the Company reserves the right to cancel or change the Prize or disqualify any Winner at its absolute discretion. The Prize will be as communicated by the Company on the designated Company Channel. All prizes are subject to availability and void where prohibited.

    9. Not included in the prize. The Winner shall be solely responsible for any taxes associated with collection of the Prize, including, without limitation, personal income taxes. The Company shall also not be responsible for any of the following:

    a. Expenses related to collection of the Prize;

    b. Lost income related to attendance of the Event

    c. Reimbursement of any expenses incurred in the creation of your Submission; and

    d. Travel expenses that the Company has not agreed in writing to cover;

    e. Any income or other taxes payable by a Winner;

    f. Any other costs or expenses not explicitly agreed to by the Company.

    10. Restrictions. Participants must submit original, valid Submissions into the Competition. Participants must also at all times comply with all applicable laws, rules, and regulations.

    11. Notification/Announcement of Winner. The Winner(s) will be selected on and will be notified via the designated Company Channel. The Winner must confirm his or her acceptance of the Prize in writing within twenty-four (24) hours of such notification. Company reserves the right to disqualify any Winner who does not confirm acceptance of the Prize in accordance with these Rules, and reserves the right to select an alternative winner in such event. In the event of a dispute about the identity of a Winner, Company will award the Prize to a runner-up Participant. Company reserves the right to not award a Prize.

    12. Prize Conditions. Save as may be required by any applicable mandatory laws, the Prize will be as referred to in these Rules and is provided as-is with no express or implied warranty or guarantee. This Contest is subject to applicable local laws and regulations, including, without limitation, tax laws. Company may require the Winner to sign and return an affidavit of eligibility, a liability release, and a publicity release permitting Company to use the Winner’s name, image, and winning Submission in promotional materials where permitted by law and subject to applicable rules. Refusal or inability to sign and return such forms within 48 hours of receipt may result in disqualification and awarding of Prize to alternate Winner(s).

    13. General Liability Release. By entering this Contest, Participants release Company, its employees, agents, affiliates, and assigns from any liability whatsoever, on any theory, and waive any and all claims and causes of action arising from or related to this Contest and/or fulfilment and/or use of the Prize, to the extent permitted by applicable law. However, nothing in these Rules limits or excludes any person’s or entity’s liability for death or personal injury caused by their negligence or any other liability which may not be limited as a matter of law.

    14. Data. By entering the Contest and submitting a Submission and any other personal information, Participants are expressly consenting to the processing of their personal information by Company for the purpose of the Contest or any associated publicity by Company or its affiliates. Company’s Privacy & Legal policy will apply. Company may share the Submissions with partners and authorized licensees for Contest administration and prize fulfilment purposes.

      1. The Participant consents to his/her Personal Data being transferred, stored (both electronically and manually) by Company to Company and its business partner(s) located outside of the European Economic Area for the purposes of maintaining records of the Contest and developing Contest-related external marketing materials (“Materials”). The Participant hereby agrees that such usages shall constitute legitimate business needs for Company.
      2. The Participant further acknowledges and agrees that his/her participation in the Contest may result in his or her name, social media handle and other personal data (“Personal Data”, as defined below) being announced publicly. The Participant hereby waives any and all objections to such disclosures in the Materials.
      3. For the purposes of this Agreement, “Personal Data” may include, but is not limited to name, birthdate, passport or ID number, home address, contact information, likeness or appearance. Company and its partners shall only retain the Participant’s Personal Data only as long as it may be needed.
      4. The Participant acknowledges that collection and processing of the Personal Data listed in Section 15(c) for the uses described herein shall constitute a legitimate business need of the Company.
      5. Company undertakes to ensure that it and its partners will take appropriate measures to protect Participants’ Personal Data and use Participants’ Personal Data only for the purposes described in this Agreement. Both Data Controller(s) and Data Processor(s) shall sign data processing agreements (DPAs) to meet the European Union’s requirements with respect to data processing.

    15. Interpretation and Disputes. Participants agree:

    a. To be bound by these Rules and all decisions of the judges, which are final and binding.

    b. That any disputes shall be governed by the laws of Hong Kong (or by mandatory local laws, if applicable), and shall be resolved through binding arbitration conducted via the Hong Kong International Arbitration Centre (HKIAC) in accordance with the UNCITRAL Arbitration Rules in force at the time. The seat of arbitration shall be Hong Kong and language of arbitration shall be English.

    c. That they consent and waive any objection to the jurisdiction of said tribunals for any such disputes.

    d. Company reserves the right of interpretation with respect to these Rules. Should there exist any conflict between these Rules and any other communication, including but not limited to Company Channel communication, email, public statements by Company employees/agents, or any other form of communication, these Rules shall prevail.

    16. Confidentiality.Each Participant agrees to keep in strict confidence any Company confidential information they may encounter during the course of their participation of the Contest. “Confidential Information” includes, but is not limited to names and Personal Data of Company employees and agents, names and Personal Data of other Participants; information about current, future and potential products; financial information; unreleased marketing campaigns; business methods; information marked as “Confidential”; and any other information reasonably expected to be kept confidential under the circumstances. Participants shall not disclose, disseminate, transfer, copy, exploit, or otherwise make use of such Confidential Information without Company’s express written consent. Exception may be made for Confidential Information that becomes available through no fault of the Participant or is disclosed pursuant to an order from a court or other government body of competent jurisdiction, provided that the Participant notifies Company in advance and takes reasonable steps to limit any further disclosure.

    17. Miscellaneous.

    a. Void Where Prohibited. The Contest is void where prohibited:

    i. If any provision or part-provision of these Rules is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.

    ii. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Rules.

    iii. To the extent permitted by applicable law, Company may suspend, modify or terminate the Contest if it believes, in its sole discretion, that malfunction, error, disruption or damage is impairing or will impair the administration, security, fairness, integrity or proper conduct of the Contest, in which case the prizes will be awarded among the eligible Submissions received that were unaffected by the problem, if possible.

    b. Non-discrimination. The Company conducts the Contest in accordance with all relevant equality and anti-discrimination law (whether in relation to race, sex, gender reassignment, age, disability, sexual orientation, religion or belief, pregnancy, maternity or otherwise).

    c. Relationship Amongst the Parties. Notwithstanding anything to the contrary contained in these Rules, the relationship between the Participant and the Company is on a principal-to-principal basis and nothing in this Agreement will be construed as creating a partnership, joint venture, association of persons, or employment/agency relationship between the Parties. The Participant shall not have any right to obligate or bind the Company, or vice versa, in any manner whatsoever. Nothing contained in this Agreement shall give any rights of any kind to any third parties, whatsoever.

    d. Entire Agreement. These Rules, together with any and all exhibits, annexures, and schedules, or amendments made by the Company in writing, constitutes the entire understanding and agreement in relation to the subject matter hereof and supersedes all other agreements, understandings and representations made by either Party, prior to execution of this Agreement, whether verbal or written.

    e. Severability. Each term and provision of these Rules shall be valid and enforceable to the fullest extent permitted by law and any invalid, illegal or unenforceable term or provision shall be deemed replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid, illegal or unenforceable term or provision.