HONOR MAGIC MOMENTS Awards (this "Contest") is a professional mobile phone photography contest for global consumers organized by Honor Device Co., Ltd. (Suite 3401, Unit A, Building 6, Shum Yip Sky Park, No. 8089, Hongli West Road, Xiangmihu Street, Futian District, Shenzhen City, Guangdong Province, China) (the "Sponsor" or "Honor"). In order to maintain the principles of fairness, impartiality, and openness, and to select the best photographic works from around the world, the following terms and conditions have been established and implemented for the Contest.
Before participating in the Contest, please make sure you have carefully read and fully understand the Statement About HONOR MAGIC MOMENTS Awards Privacy Statement (the "Privacy Statement") and the HONOR MAGIC MOMENTS Awards Participation Agreement (the "Agreement") and agree to abide by the relevant rules.
1. Eligibility
1.1 You must reach 18 years old or the legal age of majority in your jurisdiction to participate in the Contest.
1.2 Your submission must be original and not have been published or made public in visual media (including but not limited to advertisements, photo stocks).
1.3 Submissions that have already won in other competitions and those that are participating in other competitions will not be accepted. Submissions to this Contest that are later presented to other competitions will be considered as those that are participating in other competitions.
1.4 You will be disqualified for participation in any of the following situations:
1.4.1 Your submission is judged by the review panel to be plagiarized.
1.4.2 You are found to be ineligible for participation at the time of judging.
1.4.3 Provide false information or violate relevant laws and regulations.
1.4.4 Infringe any legal rights of third parties, including but not limited to intellectual property rights and personality rights.
1.4.5 Submit any entry or engage in any conduct in the Contest that is false, defamatory, infringing, harmful, pornographic, offensive, bullying, harassing, scandalous, hateful, inflammatory, threatening, profane, obscene, invasive of privacy, or otherwise objectionable, including but not limited to promoting illegal activity, having explicit sexual depictions, promoting violence, and any content and conduct that is discriminatory, illegal, causes or is likely to cause damage or injury to personal property, or may give rise to civil or criminal liability under applicable laws.
2. Entry Rules
2.1 Submission deadline
The submission deadline for the Contest is August 25, 2022, at 24:00 GMT (GMT +8). To maintain fairness, you will not be able to upload, modify, or delete your entry after the submission deadline.
2.2 How to participate
You can submit your entries through the contest website (https://www.honor.com/magic-moments-awards/my/). Submissions via email will not be accepted. You can also participate in the Contest through official channels such as HONOR Club or other official cooperation channels. When submitting your work through the official contest website, you will need to register and log in to your personal account and authorize us to use your relevant information to uniquely identify you and enable you to upload, view, and manage your work. For this purpose, the Sponsor will collect your username, mobile phone number or email address, age, and gender (optional). This information will be used only for the Contest.
2.3 Contest rules
2.3.1 You can submit more than one entry, but each entry can only win a maximum of one award.
2.3.2 The official website of the Contest has 10 categories of submissions, including Green, Short Videos, Photo Series, Cityscape, Documentary, Dark Night, Creatures, Portrait, Landscape, Abstract. Each entry can only be uploaded to one category. For other participation channels, please refer to their respective requirements for submission.
2.3.3 Uploaded entries will be subject to preliminary review and will be eligible to compete for awards only if accepted. After the submission deadline (August 25, 2022), the organizing committee and the preliminary review panel will select the outstanding works that meet the requirements to enter the final review.
2.3.4 The expert review panel then picks the final award-winning works based on the aesthetics, creativity, moral of the topic, relevance to the theme, and other aspects in a fair, professional, and rigorous manner. Note: If you voluntarily withdraw from the Contest before August 26, 2022, while your submission is accepted, you will lose your eligibility for awards.
2.4 Requirements for the submissions
All submissions must be photos taken with an Honor phone. There is no time limit for the photos to be taken and no limit to the model of the phone (except for specific categories). Entries must be post-processed in the Honor phone (third-party applications accepted). Please make sure your entry is in jpg format, with a short edge of no less than 1000 pixels and the data volume of a single photo not exceeding 30M.
2.5 Special note
You should ensure that your submission meets the requirements in the participation guidelines and related rules, or you may fail the preliminary review. In the event that the above rules must be adjusted, the sponsor will notify the participants promptly by appropriate means (including but not limited to the announcements on the official website). Please refer to the latest rules published by the sponsor.
3. Intellectual Property and Other Rights
3.1 Ensure that you have an independent, complete, clear, and undisputed copyright on your submission. All entries submitted by you must not be licensed to any organization or individual for commercial use (whether paid or unpaid) and must be your original work, not copied or stolen from others. The work you submit must not infringe any rights of third parties, including intellectual property rights, portrait rights, reputation rights, privacy rights, etc. The Sponsor reserves the right to remove you from the Contest, require you to return all prizes and proceeds received from the Sponsor and its affiliates based on your submission, and compensate for all losses caused to the Sponsor and its affiliates.
3.2 You agree to grant the Sponsor and its affiliates the right to use your submission in advertising and marketing campaigns for products and brands, including but not limited to Internet media, print media, print materials, photo exhibitions, retail stores, roadshows, digital content, outdoor media, and other marketing activities worldwide for two (2) years from the date of submission, free of charge. In light of the foregoing, the Sponsor will use your submission without further notice or consent. The Sponsor reserves the right to sublicense the aforementioned right to its partners.
3.3 The Sponsor and its affiliates shall have the right to use the winning entries or authorize any third party to use them or the derivative works thereof, on a worldwide basis, in perpetuity, and without compensation. This includes but is not limited to commercial exploitation, reproduction, distribution, sale, or use in any way in any products or services worldwide, such as second developing the entries into watch faces, themes, wallpapers, or peripheral products (including phone cases, back phone films, computer bags, canvas bags, watch straps, retail gifts, other Honor or chosen products with proper and necessary editing). The copyright of the derivative works belongs to the Sponsor. In addition, the above works can be used in any marketing and distribution campaigns (covering all media and platforms, including but not limited to the Internet, mobile Internet, official corporate website, applications, Weibo, WeChat, TikTok, posters, EDM, and other dynamic and print media, print media, print materials, photo exhibitions, retail stores, roadshows, outdoor media, and other promotion campaigns).
3.4 You agree that in addition to the global announcement on the Contest website, the name, the photo or video, and the author's nickname of the accepted or winning submissions of the Contest may be displayed on our partners' channels, such as the official website of Honor, Themes, Honor Club, Honor's global community, and other relevant partner channels.
3.5 If the submission contains other works, the participant should either own the copyright or have obtained prior permission for use from the right holder.
3.6 If the entry contains human portraits, the participant should obtain prior permission from the person photographed to ensure no infringements of portrait rights occur.
4. Responsibilities and Obligations
4.1 Once your entry is submitted during the Contest, you are deemed to have agreed to comply with all relevant rules of the Contest. You are responsible for resolving any disputes arising from your breach of this Agreement and indemnifying the Sponsor and its affiliates for any damages caused to them.
4.2 You must not submit any entry or engage in any conduct in the Contest that is false, defamatory, infringing, harmful, pornographic, offensive, bullying, harassing, scandalous, hateful, inflammatory, threatening, profane, obscene, invasive of privacy, or otherwise objectionable, including but not limited to promoting illegal activity, having explicit sexual depictions, promoting violence, and any content and conduct that is discriminatory, illegal, causes or is likely to cause damage or injury to personal property, or may give rise to civil or criminal liability under applicable laws.
4.3 During the Contest, you may not transfer or authorize your submission to any third party or use your submission to participate in other activities that are the same as or similar to this event, or the Sponsor has the right to remove you from the Contest.
4.4 If you do not agree to article 3 of this Agreement, Intellectual Property, and Other Rights, you are deemed to have voluntarily waived your participation. If you withdraw your consent to the copyright transfer or distribution authorization mentioned in Article 3, "Intellectual Property and Other Rights" of this Agreement while participating in the Contest, you are deemed to have voluntarily withdrawn from the Contest and forfeited your eligibility for the corresponding prizes and awards, and the Sponsor has the right to take back the corresponding prizes if they have already been awarded. You understand and agree that since it may be difficult to remove the promotional materials containing the entries and your personal introduction from the relevant online or offline channels after they have been released, the Sponsor will not assume the obligation to remove or take down the materials, but can continue to use, release, and sell the entries, marketing materials, and derivative products that have been put into production, sales, and circulation until they are naturally consumed.
4.5 The authors of the winning entries are obliged to assist and cooperate with the Sponsor in using the winning entries for commercial purposes such as development, production, and sales, including but not limited to providing written permissions, copyright registration certificates, or other proof of ownership of the winning entries.
4.6 You confirm that the personal information provided is correct and valid, including your name, contact number, email address, bank account number, identification card or passport information, and mailing address, for the Sponsor to contact you and issue prizes and awards. The Sponsor will only collect and process your personal information for the purposes described above and to the extent permitted by applicable laws and in accordance with the Statement About HONOR MAGIC MOMENTS Awards Privacy Statement for this Contest. Please ensure that the personal information you provide is complete and accurate. After announcing the winner, the Sponsor will contact the winner to verify the registered information. If the prize cannot be issued due to incomplete or incorrect personal information of the winner, the winner will be deemed to have automatically forfeited the right to be awarded. In this situation, no prizes will be reissued.
5. Default and Compensation
5.1 To the fullest extent permitted by applicable laws, you will defend, hold harmless and indemnify Honor and/or its affiliates from and against any claims, actions, or assertions arising out of or relating to:
(1) your violation of this Agreement;
(2) any disputes between you and other participants;
(3) your violation of any applicable laws or regulations.
This includes any liability, damages, costs, litigation expenses, and attorneys' fees arising from the foregoing claims, actions, or assertions (including any claims arising from negligence). You undertake and agree to promptly and fully assist and cooperate with Honor to defend any such claims or demands upon reasonable request from Honor. Honor has the right to defend itself autonomously, at its own expense, and to handle matters relating to your compensation at its sole discretion.
5.2 To the maximum extent permitted by applicable laws, your participation in the Contest is at your own risk. Honor's maximum and entire liability to you and your sole remedy for any and all damages, claims, proceedings, liabilities, obligations, losses, damages, costs, and/or property damage arising out of your participation in this Contest under this Agreement is based on actual damages suffered by you. In addition, whether based on contract, tort (including negligence), or any other theory, your indemnification shall not exceed the proceeds received by Honor pursuant to this Agreement. You fully understand and agree that Honor shall not be liable for any loss or damage to internal materials, loss of profits, loss of business or goodwill, business interruption, and/or any indirect, incidental, special, consequential, or punitive damages (even if Honor has been advised of the possibility of such damages).
6. Prizes, Number of Winners, and Awards
Global prizes:
1. Photographer of the Year (3 winners)
- 10,000 USD creation fund
2. Winner (2 from each group, 20 in total)
- 1,500 USD creation fund
3. Special Pick (2 from each group, 20 in total)
- An HONOR Magic4 Pro
Local awards（Malaysia）：
1.Grand Prize (1 winner)
-HONOR Magic 4 Pro
2.Second Prize (2 winners)
-RM2,000 cash
3.Third Prize (6 winners)
-HONOR Watch GS 3
4.Consolation Prize (15 winners)
-HONOR Earbuds 3 Pro
*The above creation awards amounts are pre-tax, and all physical prizes will come in random configurations and colors.
Winners from the Chinese Mainland/Hong Kong China/Macao China/Taiwan China will be paid in Renminbi, while winners from other countries or regions will be paid in U.S. dollars with the exchange rate settled in real-time on the day the prize is paid. The prize money of participants from the Chinese Mainland will be paid and withheld by the Sponsor for personal income tax. For participants from other countries or regions. please handle the matter of personal tax on the prize money according to applicable laws and regulations. The winner's certificate (electronic version) will be sent to you via email.
7. Applicable Laws and Jurisdiction
7.1 Any dispute arising out of or concerning this Agreement shall be settled through friendly consultation. If no settlement is reached through consultation within 30 days, both parties shall have the right to file a lawsuit with the People's Court of the jurisdiction in Futian District, Shenzhen, where this Agreement is signed.
7.2 Any dispute arising out of or concerning this Agreement shall be governed by the laws of the People's Republic of China, without regard to the conflict of laws.
8. Disclaimer
8.1 You acknowledge that the ideas and/or concepts used in other participants' submissions may be similar to those in your submission. You understand and agree that no claim will be made against the Sponsor for any such creative and/or conceptual similarity.
8.2 Your use and browsing of the website are at your own risk. Neither Honor nor any party, title sponsors, event sponsors, or Honor's affiliates and partners involved in the creation, production, or delivery of the website shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of the access, use, browsing, or downloading of any information, data, text, photographs, images, or audio from the website, including but not limited to damage to computer equipment, virus infection, or other property damage. Except for the foregoing, all contents on the Site are provided "as is" without warranty of any kind, either express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
9. Miscellaneous
9.1 For this Contest, no fees will be charged, nor any entries be returned. Only electronic submissions will be taken. If your entry is not submitted successfully or is not accepted due to your personal reasons, you will be responsible for all losses and consequences.
9.2 In principle, the Sponsor will arrange the payment of the prize within 120 working days from the end of the Contest. The specific subject of payment will be determined by the Sponsor. You should provide a valid bank account and the information within the time specified by the Sponsor. Participants whose domicile is the Chinese Mainland/Hong Kong China/Macau China/Taiwan China should provide type I bank cards. If you fail to provide a valid bank account in accordance with the aforementioned requirements within the specified time, you are deemed to have forfeited the prize. This does not prevent the Sponsor and its affiliates from using your entry in accordance with this Agreement.
9.3 All materials on the official website of Honor are protected by copyright laws in countries or regions around the world. Except with written permission, any commercial use of any of the above materials in any manner (including reproduction, modification, uploading, posting, transmission, distribution, licensing, sale, publication) by any person is prohibited. If you need to use the information on the official website of Honor for purposes other than reasonable personal use, you must obtain prior written consent from Honor.
9.4 If the Sponsor needs to suspend or terminate the Contest for unforeseen technical, security, or business reasons, we will make every effort to notify you before the suspension by announcements, email, or other methods. Please pay attention to such information.
9.5 If the Sponsor decides to make changes to this Agreement (including material changes) and believes that said changes will materially affect your rights and obligations, the Sponsor will notify you by appropriate means. We recommend that you review this Agreement periodically to ensure that you are aware of any such adjustments made by Honor. If you continue to participate in the HONOR MAGIC MOMENTS Awards after the release of such adjustments, you are deemed to agree, accept, and be legally bound by the relevant adjustments and updates made by the Sponsor.
9.6 Nothing in this Agreement shall be construed to create a partnership or agency relationship between you and Honor. No party shall have the right or authority to incur any liabilities, debts, costs, or enter any contracts or other arrangements in the name of or on behalf of the other.
9.7 Honor shall not be liable for any failure or delay in the performance of Honor's obligations under this Agreement caused by or resulting from events beyond Honor's reasonable control. Honor may assign, sub-contract, or novate any of its rights and/or obligations under this Agreement.
9.8 If any provisions of this Agreement are found by a court with jurisdiction or any other competent authorities to be void, invalid, or unenforceable, it shall be deemed to be deleted from this Agreement, and all other provisions of this Agreement shall remain in full force and legal effectiveness.
9.9 If you have any concerns about this event, please feel free to contact the Sponsor at "Magicmoments@hihonor.com" for more information.