Agreement on Participation in “HONOR to be with you “Activity
“HONOR to be with you ”activity (hereinafter referred to as the “Activity”) is a Social activity organized by HONOR Device Co., Ltd. (hereinafter referred to as the “Organizer” or “HONOR”) for football fans worldwide. The terms and conditions hereunder are formulated and implemented based on the principles of fairness, impartiality and openness to select global high-quality works.
Before participating in the Activity, you must confirm that you have carefully read and fully understood the “HONOR to be with you” Privacy Statement (hereinafter referred to as “Privacy Statement”) and the Agreement on Participation in “HONOR to be with you “activity (hereinafter referred to as “this Agreement”), and agree to comply with the relevant rules.
Article 1 Qualification for Entry
1. You must be at least 18 years of age or reach the legal age in your region to enter this Activity. If you are under 18 years of age or under the legal age in your region, your parent or legal guardian must agree to these terms and conditions before you can participate in the competition.
2. You will be disqualified from this Activity in the event of any of the following circumstances:
(1) It is discovered during the evaluation that you fail to comply with the rules of this Activity;
(2) The works you submit infringe any legal rights of a third party, including but not limited to intellectual property rights and personality rights.
(3) You submit any works or engage in any acts with the following nature in the Activity : fake, defamatory, tortious, harmful, pornographic, aggressive, bullying, harassing, scandalous, hateful, inciting, threatening, profane, obscene, invading privacy, or otherwise offensive, including, but not limited to, facilitating illegal activities, having obvious sexual descriptions, promoting violence, and any discriminatory or illegal content and behavior that cause or may cause personal property loss or injury, and may result in civil or criminal liability under applicable laws.
Article 2 Rules
1. Expiration Time
The submission deadline for this Activity is 19th Dec 2022 6:00 AM ( GMT+1) . The data changes of the content you submitted will not be counted in the results after the submission deadline to ensure the fairness of the Activity.
2. How to participate in the Activity
(1) Follow HONOR’s official Instagram account @honorglobal.
(2) Search the hashtag #HONORtobewithyou and follow it.
(3) Post a photo of you holding your favourite football jersey, the “Jersey” could be anything that looks like a jersey, such as a painting, a tattoo, or even a poster with a drawing of a jersey.
(4) Leave your comment under the photo and tag three of your friends.
(1) Follow HONOR’s global official Twitter account.
(2) Retweet the #HONORtobewithyou global video post with a photo of you holding your favourite football jersey, the “Jersey” could be anything that looks like a jersey, such as a painting, a tattoo, or even a poster with a drawing of a jersey.
(3) Leave your comment under the photo, tag the players and tag three of your friends.
3. Rules of the Activity
(1) You need to comply with the specific requirements of Instagram or Twitter platform.
(2) You can submit multiple entries at the same time, but each participating work can only be used once.
(3) You shall ensure that the works you submit meet the requirements of the entry guide and relevant rules; otherwise you may not be able to participate in the appraisal. If the aforementioned regulations must be changed due to unforeseen circumstances, the Organizer will notify the participants as soon as possible (including but not limited to official website announcements). The most recent rules published by the Organizer shall prevail at that time.
Article 3 Intellectual Property and Other Rights and Interests
1. You should have independent, complete, clear and uncontested copyrights on your works. All works you submit must not be authorized to any organization or individual for commercial use (whether paid or unpaid), and must be your original work without plagiarizing or misappropriating others’ works. You should also ensure that the works you submit will not infringe any rights of a third party, including intellectual property rights, right of portrait, right of reputation, and privacy right, etc. All legal liability for any related disputes caused by violation of the above warranties shall be borne by you and the Organizer and the organization parties shall assume no responsibility. The Organizer has the right to disqualify you from the Activity and require you to return all prizes received from the Organizer and its affiliated companies based on your work, and compensate all losses caused to the Organizer and its affiliated companies.
2. The Organizer has the legal right to use all the works provided in this Activity. By providing a work, you agree to grant the Organizer ，its affiliates and the partner any form of commercial use, copy, amendment, publication and promotion free of charge across the globe for a period of one year from the date of submission, including but not limited to any other global media and marketing activities, such as online media, print media, printed materials, photo exhibitions, retail stores, roadshows, digital content, and outdoor media, and the authorization of the above rights to use, copy, modify, and publish to third parties for use. Please note that the Organizer will not separately notify you when using the work.
3. You agree that not only the works awarded in this Activity may be publicized globally on the corresponding platform, but also the name, picture or video of the works and the nickname of the author may be displayed on our cooperation channels, including HONOR official website, "HONOR Club", HONOR global Community and the placement channels of other relevant partners.
4. If the entry contains other works, the contestants should either own the copyright or have obtained prior permission from the rights holders to use them.
5. If the entry contains portraits of people, the contestant is responsible for obtaining prior permission from the person photographed to ensure that no breach of third-party portrait rights will occur.
Article 4 Responsibilities and Obligations
1. Once the works are submitted during the Activity, it is deemed that you agree and abide by relevant regulations of the Activity. You shall be liable for settling any disputes arising from your violation of this Agreement, and you shall compensate the Organizer and its affiliates for the losses.
2. During the Activity, you are not allowed to transfer or authorize your works to any third party, and you are not allowed to use your works to participate in other activities that are the same as or similar to this Activity; otherwise, the Organizer has the right to disqualify you from the Activity and award.
3. If you fail or waive the obligation to transfer or authorize the copyright to the Organizer, its affiliates, and the partner, you will be deemed to have voluntarily waived the corresponding awards. If you revoke the copyright transfer or authorization halfway, you are aware of and agree that the Organizer and its affiliates are allowed to keep promotional materials regarding your works and self-introduction as it is difficult to remove them from channels after they are published online or offline.
4. The participants of the works awarded must assist and cooperate with the Organizer to use the works awarded for development, production, sales and other commercial purposes, including but not limited to providing written permission, copyright registration certificates or other ownership certification materials of the works awarded.
5. You agree and confirm that your name, contact phone number, email address, personal ID card or passport information, mailing address, and other personal information you provide are valid and can be used by the Organizer to contact you and send out prizes. The Organizer collects and processes your personal information only for the above purposes within the scope permitted by applicable laws according to the HONOR to be with you Privacy Statement of this Activity.
Article 5 Prizes
1. Award of Prizes:
According to the deadline, the top 50 users on the hashtag page will receive the football jersey. Page ordering rules are set by the Instagram.
If the total number of posts in the event reaches 100,000, then we will send an additional 10 jerseys for every 10,000 posts until 250 jerseys are sent.
(Selection criteria: As of 19th Dec 2022 6:00 AM ( GMT+1), the top 50 unsponsored participants who post submissions will win the jersey, respectively. If the total number of posts in the event reaches 100,000, the top 250 unsponsored participants will win the jersey.
According to the deadline，50 winners will be selected at random to win a football jersey.
Only a retweet that completes the participation requirement will be considered a valid participation
2. Prize explanation:
(1) Configuration of prizes: the 2022 National Team Jersey ( the home and away version)
(2) After the announcement of the winners list, we will contact the winners by private message, and the winners should provide personal information to the official account of the corresponding platform within 15 days after receiving our message. Please ensure that the personal information you provide is complete and accurate. The Organizer has the right to provide the personal information of the winners to third parties such as logistics companies for the purpose of sending prizes. If the prize fails to be sent out due to incomplete or incorrect personal information of the winner, it shall be deemed that the winner automatically waives the right to win the prize, and the Organizer will not re-deliver the prize.
(3) The Organizer will bear the shipping cost of the prizes delivered in this event.
Article 6 Breach of Agreement and Indemnification
1. To the fullest extent permitted by applicable laws, you will defend, indemnify and hold harmless HONOR and/or its affiliates from and against any and all liabilities, damages, costs, litigation fees and attorney fees arising out of or resulting from any claims, litigations or propositions (including any claims arising from negligence) arising from or in connection with the following reasons:
(1) Your breach of this Agreement;
(2) Any dispute between you and other participants;
(3) Your breach of any applicable laws and regulations.
At HONOR's reasonable request, you promise and agree to immediately and completely help and cooperate with HONOR in defending against the aforementioned claim or request. HONOR has the right to defend it at its own expense, and also have full power to deal with matters related to your indemnification.
2. To the fullest extent permitted by applicable laws, your participation in this Activity is at your own risk. HONOR's maximum and full liability to you and your only remedy for any and all indemnifications, claims, legal procedures, liabilities, obligations, losses, damages, costs and/or property losses caused by your participation in this Activity under this Agreement is based on the actual losses you have suffered, and whether in contract, tort (including negligence) or otherwise, the indemnification to you shall not exceed the benefits that HONOR obtains in accordance with this Agreement. You clearly understand and agree that HONOR will not be liable for any loss or damage to internal information, loss of profit, loss of business or goodwill, business interruption, and/or any indirect, incidental, special, derivative or punitive damages (even if HONOR has been notified of the possibility of such damage).
Article 7 Disclaimer
1. You acknowledge that the ideas and/or concepts used in other participants' submissions may be similar to those in your submissions. You understand and agree that you will not claim compensation from the Activity Organizer for any such creative and/or conceptual similarity.
2. You use and browse the website at your own risk. HONOR or parties, title sponsor, event sponsor and the related parties and partners of HONOR involved in the creation, production or delivery of the website shall not be liable for any direct, incidental, consequential, indirect or punitive damage caused by accessing, using, browsing or downloading any materials, data, texts, photos, videos or audio on the website, including but not limited to damage to computer equipment or virus infection, or damage to other property. Save as aforesaid, all contents contained on the website are provided "as is" without warranties of any kind, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Article 8 Applicable Law and Jurisdiction
1. Any dispute arising from or in connection with this Agreement shall be resolved through amicable negotiation. If no settlement is achieved through negotiation within 30 days, both parties have the right to file a lawsuit at the court of Futian District, Shenzhen, where this Agreement is signed.
2. Any dispute arising from or in connection with this Agreement shall be governed by the laws of the People’s Republic of China, without consideration to the conflict of laws.
Article 9 Miscellaneous
1. This Activity does not charge any fees or return any entries. Only electronic submissions are accepted. If the work is not submitted or approved due to the reason on the part of the participant, all losses and consequences shall be borne by the participant.
2. Generally, the Organizer will send the prize within 120 working days after the end of the Activity. Participants are required to provide valid information within the time limit specified by the Organizer. Any participant who fails to provide the information within the specified time limit will be deemed to waive the prize, but this does not affect the right of the Organizer and its affiliated companies to use their works in accordance with this agreement.
3. If the Organizer needs to suspend or cancel this Activity due to unforeseen reasons in technical, safety, business or other areas, we will do what we can to notify you before the suspension or cancellation, including but not limited to announcements or emails.
4. If the Organizer makes adjustments to this Agreement (including material changes, etc.) and such adjustments will have a material impact on your rights and obligations, the Organizer will notify you in an appropriate way. We recommend that you review this Agreement regularly to keep abreast of such adjustments made by HONOR. If you still participate in the “HONOR to be with you”Activity after the relevant adjustments are released, you will be deemed to agree and accept the relevant adjustments and updates made by the Organizer, and are willing to be bound by these.
5. All materials on HONOR's official website are protected by copyright laws of all countries or regions in the world. Everyone is forbidden to use any of the above materials for commercial purposes in any way (including copying, modifying, uploading, posting, transmitting, distributing, licensing, selling and publishing) except with written permission. If you need to use the information on HONOR's official website for purposes other than reasonable personal use, you need to obtain HONOR's written consent in advance.
6. Nothing herein shall be construed as establishing a partnership or principal-agent relationship between you and HONOR. Neither party shall have the right to incur any liabilities or costs, or enter into any contract or other agreement in the name of or on behalf of the other party.
7. HONOR will not be liable for any failure or delay in fulfilling its obligations hereunder due to events beyond the reasonable control of HONOR. HONOR shall have the right to transfer, subcontract or replace its rights and obligations hereunder.
8.If any provision hereof is held to be invalid, illegal or unenforceable by a court or any other competent authority with jurisdiction, such provision shall be deemed to have been deleted from this Agreement, but any other provisions shall survive.
9. If you have any doubts about this Activity, please consult the Organizer.