Terms and Conditions of the Lakme Sun Expert Blogger Contest
The Lakme Sun Expert Blogger Contest (hereinafter referred to as “Contest”) shall be conducted by Hindustan Unilever Limited (hereinafter referred to as “HUL” or “Sponsor”). This contest shall be open to the participants who are prior users having approved membership on the blogging site IndiBlogger.in (hereinafter referred to as “Website”).
This contest shall be open to all registered members of IndiBlogger.in who, on the date of entry, are legal residents of India and at least 18 (eighteen) years of age or older. The employees, officers, directors (and their immediate family members) of the Sponsor and its affiliated companies, advertising and promotion agencies, legal and financial advisors, and any and all other companies associated with this Contest shall not be eligible to participate. Immediate family member in this present context shall mean and include parents, spouses, children, siblings, in-laws and grandmothers, whether residents of the same household or not.
HOW TO ENTER:
The participation in the Contest shall be as follows:
- Registered users of the Website shall blog on their page about having fun in the summer with Kyra. The topic shall be displayed in the Website at http://www.indiblogger.in/ /topic.php?topic=55.
- The entries made till May 28, 2012 shall be judged by a panel of judges decided by the Sponsor.
- The Judges shall then choose 32 from among the Participants based on creativity and originality of the work. Such decision of the Judges shall be final.
TERMS OF ENTRY:
- By participating in the Contest, Participant warrants that her entry and all elements thereof (i) are the original work of the Participant; (ii) have not previously won an award of any kind; (iii) do not infringe or violate the rights of any third party, including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights; (iv) are not subject to any third party agreements, and that the Sponsor will not be required to pay or incur any sums to any person or entity as a result of their ownership, acquisition, use or exploitation of the entry, or rights therein; (v) were made with the understanding that any required permissions have been obtained; and (vi) do not contain any content that is likely to be considered offensive by the Sponsor or that could adversely affect the name, reputation, or goodwill of Sponsor.
- Sponsor reserves the right to disqualify any entries that, in the Sponsor's sole and absolute discretion, (i) include trademarks, logos, or copyrighted material not owned by Participant or used without permission (such as company names, music, photographs, works of art or images published on or in websites, television, movies or other media); (ii) refer to public figures; (iii) contain profanity, pornographic or sexual content, content promoting alcohol, illegal drugs, tobacco, or firearms or weapons, hateful content of any kind, content that promotes violence or harm to another living creature; (iv) promote a political agenda regardless of the political affiliation and regardless of Sponsor's treatment of other entries that may or may not promote a political agenda; (v) defame, misrepresent, or contain disparaging remarks about other people or companies; or (vi) contain materials embodying the names, likenesses, photographs or other identifying elements of any person, living or dead, without permission.
- Entries may only be submitted by individual Participants. Group entries will not be accepted (although different individuals might have taken part in preparing the write-up for the blog, only one individual may be considered to have submitted the entry). Participant may not submit entries for any person other than themselves, regardless of whether or not Participant has submitted her own entry. All entries must be submitted in the English language. Entries not submitted in accordance with the terms and conditions herewith, shall not be considered in the Contest and the Sponsor shall bear no responsibility for any such entries.
- All entries become the exclusive property of the Sponsor and will not be returned. Participants grant permission to the Sponsor and agents of the Sponsor to photograph their entry. Images uploaded on the Page and Image Captions remain the property of the Sponsor for use at the Sponsor's sole discretion.
- Sponsor reserves the right to disqualify any entry, for any reason, in its sole discretion.
- Neither the Sponsor nor any of their respective parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, agents and employees, nor any Internet access providers (collectively "Released Parties") are responsible for incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, lost/delayed/misdirected mail, omission, interruption, deletion, defect, line failure of any telephone or other network, computer equipment, software or any combination thereof, inability to access the Contest Website, for problems uploading or downloading any Contest-related materials from the Contest Website, or for late, lost, damaged, misdirected, incorrect or incomplete entry.
- If for any reason any aspect of this Contest is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorized intervention, fraud, technical failures or any cause beyond the control of the sponsor which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Contest, the Sponsor may in its sole discretion cancel, terminate, modify or suspend this Contest, or invalidate any affected submissions.
- For purposes of these Terms and Conditions, receipt of Contest Entries occurs only when IndiBlogger.in records the required entry information resulting from participant submitting the same on Contest on the Website. Any entry information collected from the Contest shall be used only in a manner consistent with the consent given by entrants at the time of entry and with these Terms and Conditions.
- The sponsor may, in its sole discretion, disqualify any submissions, and prohibit further participation in this Contest by, any person who tampers with or benefits from any tampering with the submission process or with the operation of this Contest or acts in violation of these terms and conditions, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
ANNOUNCEMENT OF WINNERS:
- The winners of the contest would be announced on IndiBlogger.in and its social media channels. The Sponsor will then contact the winners through phone-call, email or SMS at the number provided at the time of Participation.
- A Winner Letter will be couriered to the winners at the specified address within 15 working days of the receipt of details mentioned above.
- Sponsor shall then fix a destination to which the Participant shall be taken on the expense of the Sponsor. All expenses of travel and stay shall be borne by the Sponsor, exclusive of personal expenses.
- All Indian laws and regulations apply. By participating in the Contest, Participants attest that their entries (and all elements depicted therein) are original and have not been previously published or submitted as entries in any other competition, are created solely by the Participants, and that use of the entry (and all elements depicted therein) shall not violate the right of any third parties and shall not violate and laws, rules or ordinances. By entering this Contest, and to the extent allowed by law, Participants (i) agree that the results and proceeds of entries shall be deemed works made for hire for the Sponsor under Indian Copyright Law, (ii) agree, in case entries are not considered works for hire for the Sponsor under Indian Copyright Law, that all entries submitted (whether acceptable or not, regardless of the form they take, and including, without limitation, any and all copyrights, trademarks, contract and licensing rights, moral rights or "droit moral," and other intellectual property and proprietary rights in entries), are irrevocably transferred to, assigned to, and conveyed to the Sponsor and will be owned exclusively by the Sponsor and its affiliated companies, licensees, designees and assigns (collectively "Licensees"), (iii) grant the Sponsor and the Licensees the absolute right and permission to edit, modify, publish, exploit and use the content of and elements embodied in the entries and the entries themselves in perpetuity in any and all media including but not limited to digital and electronic media, computer, print, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further approval or consideration, (iv) agree that email may satisfy any writing requirement that may apply to the assignment, conveyance, transfer, license, or waiver of any of the aforementioned rights, (v) waive and release the Sponsor from any and all claims that Participants may now or hereafter have in any jurisdiction based on "moral rights" or "droit moral" or unfair competition with respect to the Sponsor's exploitation of entries without further compensation to Participants of any kind, (vi) agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsor or Licensees, or any other person, on the grounds that any use of any entry, or any derivative works, infringe or violate any of Participants’ rights therein, and (vii) agree that no entries will be returned to Participants. Participants also agree that the Sponsor and Licensees shall have the right and permission to use the name, photograph, testimonial or other likeness and/or prize information or personal exposition (and/or any edited portion thereof) for promotional, advertising and/or publicity purposes in any media, now or hereafter known throughout the world in perpetuity, without compensation or notice to, or further consent of, the winners to the extent permitted by law. Participants also agree that the Sponsor may have access to, may have created, or may in the future create designs, ideas and concepts that may have familiarities or similarities to her entry, and that she will not be entitled to any compensation or right to negotiate with the Sponsor because of these familiarities or similarities. Any entry information collected for the Contest shall be used only in a manner consistent with any consent given by Participants at the time of entry and with these Terms and Conditions.
- The Sponsor will not enter into any correspondence, including email, with non-winning Participants. The Sponsor reserves the right, in its sole discretion, to disqualify any individual found tampering with the entry process or entry materials. ALL PARTICIPANTS ACCEPT THE CONDITIONS STATED IN THESE OFFICIAL RULES, AGREE TO BE BOUND BY THE DECISIONS OF THE JUDGES, WARRANT THAT THEY ARE ELIGIBLE TO PARTICIPATE IN THIS CONTEST AND RELEASE THE PARTIES FROM AND AGAINST ALL CLAIMS AND DAMAGES ARISING IN CONNECTION WITH THEIR PARTICIPATION AND/OR ENTRY IN THE CONTEST AND/OR AWARDING OF OR USE OF ANY PRIZE AWARDED IN THIS CONTEST. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR AND ITS LICENSEES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. PARTICIPANTS AGREE TO INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND LICENSEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES OR LIABILITY (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH ENTRY, OR USE THEREOF, OR BY RESPECTIVE PARTICIPANTS' BREACHES OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CONTEST. Any and all legal actions or claims arising in connection with this Contest must be exclusively brought in a court of competent jurisdiction in Mumbai, India. If, in the Sponsor's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if technical difficulties compromise the integrity of the Contest, the Sponsor reserves the right to void suspect entries and/or votes and/or terminate the Contest and award the prizes from among all eligible entries received as of the termination date. The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter or vote repeatedly is prohibited. In the event of a dispute as to the identity of a Participant based on an email address, the entry in question may be disqualified subject to the judges' discretion. Should the Contest be terminated prior to the stated expiration date, the Sponsor will endeavor to post notice of termination on the Contest Website.
EXCLUSION OF LIABILITY:
- The Sponsor and its affiliated companies and agencies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence) in connection with this Contest or the acceptance or use of any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
- Nothing on the Website, or on any other website of the sponsor, or relating to this Contest, shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of the sponsor or its related companies or any third party, whether by estoppels, implication or otherwise.
- The Sponsor and/or its agent shall be licensed to evaluate all submissions for the purposes of this Contest, including verification and as specified in these terms and conditions.
- The software and programming code and media relating to the Page and Promotion-related communication is protected by the applicable laws of copyright, trademark, patent, unfair competition and other proprietary laws.
- The Sponsor's decisions shall be final in all matters relating to this Contest and no correspondences will be entertained.
- The sponsor reserves the right to change these terms and conditions without prior notice.
- A Participant shall be deemed to have notice of any such amendments or interpretations upon publication of the same on the Website and shall be deemed to have accepted such amendments or interpretations by virtue of her continued participation in this Contest. Should a Participant not wish to continue to participate in this Contest pursuant to the prevailing terms and conditions as amended or interpreted, she may terminate participation in this Contest upon written notice to the Sponsor.
- It is responsibility of the participants to inform the sponsor of any change in the address of correspondence, for availing the prizes.
- Apart from the entitlement to the above prize, the winner will have no other rights or claim against.
- The Sponsor shall not be liable for any failure to comply with its obligations caused by weather conditions, fire, flood, strike, hurricane, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, acts of God or any other circumstances amounting to Force Majeure.
- The contest is in no way sponsored, endorsed or administered by, or associated with IndiBlogger.in. The participant is providing information to Sponsor and not to the Website.
- By “contest” or “competition” we mean a promotion that includes a prize of monetary value and a winner determined on the basis of skill (i.e., through judging based on specific criteria).
- Participation in this contest is purely voluntary.
- The data given by the participant i.e. Mobile Number, email Id and Name, will be used in strict confidence by Sponsor & its other partners and these will not be passed to any other party.
- Any Participant who is suspected of any act of hacking would immediately be disqualified from any ongoing promotion or contest without any notice.
- By participating in this contest, Participants agree to be bound by the official rules and regulations of the Sponsor and its promoters.
- Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of facilitating the prize for the winners of the contest.
- Sponsor implements a variety of security measures to maintain the safety of personal information when it is entered, submitted, or accessed.
- Sponsor does not sell, trade, or otherwise transfer to outside parties the personally identifiable information. Sponsor may also release such information when it believes that the release is appropriate to comply with the law, enforce site policies, or protect Sponsor’s or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
INTERPRETATION OF THIS AGREEMENT:
The decision of Sponsor as to the interpretation of any Clause shall be final and binding on the user.
This acceptance of the terms and conditions shall be deemed to have been given at Mumbai, Maharashtra, India and the courts in Mumbai alone will have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning these terms and conditions or any rights, duties, obligations or liabilities arising there under to the exclusion of all other courts in India.