General Terms and Conditions Online Contest #UltraThin19
General Terms and Conditions Online Contest #UltraThin19
PREMISES AND DEFINITIONS
The present online contest (hereinafter “CONTEST”), offered and promoted by LUMINAL AGENCY LTD, as defined below, is subject to the application of the present General Terms and Conditions (hereinafter “GENERAL TERMS and CONDITIONS”), subsequent amendments to any other regulation or policy published by LUMINAL AGENCY LTD on the web page www.d1milano.com, also accessible through the official pages of the social network, as specified below, without prejudice to the mandatory rights recognized to consumers of their national law. By participating in this online contest the subjects agree to be bound by the GENERAL TERMS and CONDITIONS and by the rules indicated therein as well as by the decisions of the promoter, as better specified below, in all matters relating to the CONTEST. The GENERAL TERMS and CONDITIONS are accessible on the web page www.d1milano.com/pages/contest-ultra-thin and can be saved and/or printed at any moment in time.
The CONTEST is in no way sponsored or administered by Instagram. All information disclosed in the GENERAL TERMS and CONDITIONS is given by LUMINAL AGENCY LTD.
For the purposes of correct interpretation of GENERAL TERMS and CONDITIONS:-by “FOLLOWER” one means the user of the social network Instagram, owner of a personal public profile, ie open and potentially open to all Instagram users (users can freely follow a public profile, without approval by the owner); -by “POST” one means the permanent media content (photo) shared on the timeline of a social network, up to the possible deletion by the profile owner;-by “TAG” one means a method of identification of a subject in a media content.-by “HASHTAG” one means a particular media identifier used on certain social media platforms as a thematic aggregator, the function of which is to make it easier for users to find messages on determined subjects/themes or specific contents.
Given the above, the CONTEST regulates the following: 1. Promoter
The promoter of the CONTEST regulated by the GENERAL TERMS and CONDITIONS of LUMINAL AGENCY LTD, with registered office in Room 803, 8/F, Lai Cheong Factory Building, 479-479A Castle Peak Road, Hong Kong (hereinafter “LUMINAL AGENCY” or “PROMOTING COMPANY”). LUMINAL AGENCY is a company that produces and commercialises watches, in the context of this activity, is owner of the brand D1 Milano (hereinafter “D1 MILANO”). 2. RecipientsThe CONTEST is intended for all Instagram profile followers of D1 MILANO (hereinafter “FOLLOWERS” or “FOLLOWER”), owner of a personal Instagram public profile.
The FOLLOWERS who have a personal private Instagram profile, legal entities (e.g. companies, organizations, associations or foundations), owners of company Instagram profiles or persons under the age of 18 cannot participate in the CONTEST. Employees (and their family), contractors, representatives, agents, directors and officers of LUMINAL AGENCY or of companies controlled by it or connected to it, marketing agencies and subjects having commercial relations with LUMINAL AGENCY cannot also participate in the CONTEST. 3. Duration of the CONTESTThe CONTEST will be held for three months, starting on the 9th of May 2019 up to the 9th of August 2019 and will be divided into three phases, each of which will last a month.LUMINAL AGENCY will select 1 winner for each month, for a total of 3 winners in the time frame of the duration of the CONTEST. During the period of duration of the CONTEST the FOLLOWER can only participate once to the CONTEST. 4. Name and description of the CONTESTThe CONTEST is called “#UltraThin19” and will be exclusively connected to the D1 MILANO “Spring-Summer 2019” collection, available on the D1 MILANO website, starting in May 2019, at the following link: www.d1milano.com/pages/contest-ultra-thin . 5. Rules and Modalities of participation to the CONTEST To be able to participate in the CONTEST no subscription is needed. The FOLLOWER that intends to participate must not provide any proof of purchase or payment for D1 MILANO products. To participate in the CONTEST, the FOLLOWER must follow the below steps:Step1: access his personal Instagram profile in the period of duration of the CONTEST, or create a new Instagram profile accessing the website www.instagram.com;Step 2: publish a POST, on your own public Instagram profile, that contains a picture of a D1 MILANO from the Spring-Summer collection (which could also not be owned by the FOLLOWER) and insert i) the TAG @d1milano and ii) the HASHTAG #D1Milano, #UltraThin19 and #contest in the POST. The FOLLOWER will participate in the phase of the CONTEST in progress in the month of publication of the POST concerning the photo shoot. In the case of several photo shoots or very similar, published in different POSTS by different FOLLOWERS, for the purposes of the final evaluation, only the first published POST will be qualified. 6. Content of the POSTThe POST published for the purpose of participating in the CONTEST and containing the TAG @ D1Milano and the HASHTAG # D1Milano, # UltraThin19 and #contest will not have to:- contain inappropriate, obscene, pornographic or defamatory material or contrary to any law;- contain material that is illegal or otherwise contrary to any law;- contain personal identification information- contain illicit material or otherwise contrary to the law.All POSTS published for the purpose of participating in the CONTEST must respect the rules of good taste and must be free of inappropriate language and / or any content that promotes fanaticism, violence, racism, animal abuse, lack of respect for environmental issues or discrimination based on race, sex, religion, nationality, disability, political orientation, sexual orientation or age; convey content that violates the rights of others, including, but not limited to, privacy, publicity or intellectual property rights; discredit the PROMOTING COMPANY or any other person or party affiliated with the promotion and administration of the CONTEST.
- Third party content
The FOLLOWERS undertake not to use any third-party content in their POST, published for the purpose of participating in the CONTEST, any third-party content, without authorization from the right holder.
- Criteria for determining the monthly winner of the CONTEST
The monthly winners of the CONTEST will be selected by LUMINAL AGENCY, whose decisions will be binding for all matters relating to the CONTEST.
Each photo shoot published by POST by the FOLLOWERS and depicting the watches of D1 MILANO Spring-Summer collection will be classified and evaluated according to the following criteria:
- uniqueness of the post and the photo (30%);
- D1 MILANO brand fit (40%);
- overall appeal (30%).
The evaluation of the POST is remitted to the unquestionable judgment of LUMINAL AGENCY and will be based on the evaluation criteria in the previous paragraph.
- Nature and indicative value of the prizes
The FOLLOWERS will be able to compete for the winning of n. 3 vouchers of the value of $500 (fivehundred dollars) emitted by Flightgiftcard (https://www.flightgiftcard.com/), each for each stage of the CONTEST.
Cash or products other than those indicated in the previous paragraph will not be offered as a prize.
The LUMINAL AGENCY declares that the total value of the prizes is equal to Euro $1500 (onethousandfivehundred dollars).
- Mode of communication of the winnings
The awarding of the prize to the FOLLOWER winner will be communicated by LUMINAL AGENCY, through the official account of D1 MILANO, within 5 working days from the end of the month (end of each phase of the CONTEST).
- Non-withdrawal of the prize
If the FOLLOWER does not request the prize within 72 hours, D1 MILANO reserves the right to assign it to a second FOLLOWER, selecting it according to the criteria indicated in clause 8 of GENERAL TERMS and CONDITIONS.
- Awarding of prizes to the winning FOLLOWERS
The prizes will be delivered to the address indicated by the winning FOLLOWERS, communicated by them to LUMINAL AGENCY following the communication of the winnings (within 72 hours of the winning), through the official account of D1 MILANO.
- Rights of the PROMOTING COMPANY
LUMINAL AGENCY has the right to definitively decide all the issues related to the CONTEST, also reserving the right to select an alternative winner (among the FOLLOWER participants in the CONTEST and according to the criteria indicated in clause 8 of GENERAL TERMS and CONDITIONS), should there be any violations of GENERAL TERMS and CONDITIONS by the winning FOLLOWER.
- Limitation of liability of LUMINAL AGENCY
FOLLOWERS undertake to indemnify LUMINAL AGENCY from any damage suffered in connection with the acceptance of the prize or participation in the CONTEST.
LUMINAL AGENCY will not be liable to FOLLOWERS participating in the CONTEST, in the event of malfunctioning of the Internet or technical equipment, online systems, servers, providers and in the event of other types of malfunctions, whether they be networked, human or in any case connected to the CONTEST, including, by way of example, errors or malfunctions that may occur in relation to the administration of the CONTEST, the processing of the participations, the assignment and the announcement of the prize.
LUMINAL AGENCY will also not be responsible in the event of events connected with the use of vouchers by the winning FOLLOWERS.
- Rights on the published content
The FOLLOWERS participating in the CONTEST grant the use of the contents published through POST having the TAG @d1milanoand the HASHTAG # D1Milano, # UltraThin19and #contest, to LUMINAL AGENCY, without the payment of any royalties. The POST published for the purpose of participating in the CONTEST may, therefore, be shared and used and modified by LUMINAL AGENCY, through the social profiles of D1 MILANO or other modalities at the discretion of LUMINAL AGENCY, without the prior consent of the FOLLOWER.
- Modification of GENERAL TERMS and CONDITIONS
LUMINAL AGENCY reserves the right to modify the GENERAL TERMS and CONDITIONS at any time, in compliance with current legislation, for any reason.
The changes will be communicated to the FOLLOWERS with appropriate forms and timing.
It is understood that, in any case, any changes will not result in damage to the rights already acquired by the FOLLOWERS participating in the CONTEST.
- Cancellation of the CONTEST
LUMINAL AGENCY reserves the right to suspend or cancel the CONTEST, in its sole discretion.
The cancellation or suspension of the CONTEST will be communicated to the FOLLOWERS with appropriate forms and timing.
It is understood that, in any case, any cancellation or suspension will not result in damage to the rights already acquired by the FOLLOWERS participating in the CONTEST.
- Force majeure
LUMINAL AGENCY will not be liable in case of delay or non-fulfillment of the obligations provided by the GEENRAL TERMS and CONDITIONS if the breach derives from causes of higher power.
- Intellectual Property
LUMINAL AGENCY is the exclusive owner of all rights on the D1 MILANO trademark and on any other distinctive sign referable to it. Without the written consent of LUMINAL AGENCY, it is not allowed to modify, reproduce, publish and transfer to third parties any rights on the trademark and on the distinctive signs of LUMINAL AGENCY.
LUMINAL AGENCY is also the holder of all rights in the image and design of its products, in relation to which no use is permitted outside of those specifically requested by LUMINAL AGENCY.
LUMINAL AGENCY will process the data of the winning FOLLOWERS solely for the purposes of the execution of the CONTEST, in compliance with the applicable Data Protection legislation.
By accepting the prize, the FOLLOWER winner also accepts that his name and surname, the country of origin and the name of his Instagram profile are published, should he be selected as the winner of the CONTEST.
Any request, claim and complaint related to the operations related to the CONTEST must be sent to the following email info info1milano.com.
Any dispute that does not find an amicable solution will be subject to the exclusive jurisdiction of the Judge of the LUMINAL AGENCY registered office.