ONEPLUS CONTEST OFFICIAL RULES AND TERMS & CONDITIONS
When you make a submission (“Submission”) to an official OnePlus Contest (each a “Contest”), you agree to abide by, and be bound by, these OnePlus Contest Official Rules and Terms & Conditions (“Rules”) below.
1. SPONSOR. The sponsor of the Contest is OnePlus Technology (Shenzhen) Co., Ltd. (“OnePlus”).
2. CONTEST RULES. OnePlus will communicate the details of the details of each Contest through designated official OnePlus channels (each a “OnePlus Channel”).
- a. Official communication regarding a Contest made through OnePlus Channels shall be deemed incorporated into these Rules by reference.
- b. Should there be a conflict between any OnePlus Channels and the Rules, the Rules shall prevail.
- c. OnePlus 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.
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 communicated through the designated OnePlus Channel. To be eligible to win, Participants must make their Submissions through the prescribed process before the close of the Contest.
4. PROCESS: To participate in the Contest and to try to win the Prize described in the designated OnePlus Channel below, you should do the following:
- a. Please enter through the designated OnePlus Channel and provide the specified details.
- b. As a Participant, you represent that you are at least 18 years of age.
- c. OnePlus is not responsible for computer or network problems; problems with the Platform or its servers; problems with email accounts; or the failure to receive any Submission for any reason whatsoever.
5. ELIGIBILITY. The Contest is open to residents of the territory specified on the OnePlus Channel (“Territory”). 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.
6. WINNER SELECTION. One or more Participants will be selected from the Submissions and will be nominated as winner (“Winner”).
7. PROHIBITED CONTENT. OnePlus, its affiliates, agents, successors, employees, and authorized licensees and assigns shall in no case be liable for the contents of Submissions. Participants shall use good taste and judgment in creating and submitting 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. Is free from viruses or malware; and
- e. Is not otherwise inappropriate.
8. LICENSE. By making a Submission, each Participant grants OnePlus 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 OnePlus 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 OnePlus harmless for any breach of these provisions. Only the Winner(s) will receive a prize according to the next paragraph: ‘Prize’.
9. PRIZE. OnePlus may grant the prize(s) stipulated on the OnePlus Channel (“Prize(s)”) to the Contest Winner(s). OnePlus reserves the right to cancel or change the Prize or disqualify any Winner at its absolute discretion.
10. NOT INCLUDED IN THE PRIZE. Expenses related to collection of the Prize; reimbursement of any expenses incurred in the creation of your Submission; and travel expenses to and from location.
11. RESTRICTIONS. Participants must submit original, valid Submissions into the Competition. Participants must also at all times comply with all applicable laws, rules, and regulations.
12. NOTIFICATION/ANNOUNCEMENT OF WINNER. The Winner(s) will be selected on and will be notified via the designated OnePlus Channel. The Winner must confirm his or her acceptance of the Prize in writing within twenty-four (24) hours of such notification. OnePlus 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, OnePlus will award the Prize to a runner-up Participant. OnePlus reserves the right to not award a Prize.
13. 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 but not limited to tax laws. OnePlus may require the Winner to sign and return an affidavit of eligibility, a liability release, and a publicity release permitting OnePlus 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 an alternate Winner.
14. GENERAL LIABILITY RELEASE. By entering this Contest, Participants release OnePlus and its agents 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 fulfillment 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 as a matter of law be limited.
15. 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 OnePlus for the purpose of the Contest or any associated publicity by OnePlus or its affiliates. OnePlus’s Privacy & Legal policy will apply. OnePlus may share the Submissions with partners and authorized licensees for Contest administration and prize fulfillment purposes.
- a. The Participant consents to his/her Personal Data being transferred, stored (both electronically and manually) by OnePlus to OnePlus 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 OnePlus.
- b. 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.
- c. 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. OnePlus and its partners shall only retain the Participant’s Personal Data only as long as it may be needed.
- d. OnePlus undertakes to ensure that it and its partners will take appropriate measures to protect your Personal Data and use your 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.
16. 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 courts for any such disputes.
- d. OnePlus 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 OnePlus Channel communication, email, public statements by OnePlus employees/agents, or any other form of communication, these Rules shall prevail.
17. CONFIDENTIALITY. Each Participant agrees to keep in strict confidence any OnePlus 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 OnePlus 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 OnePlus’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 OnePlus in advance and takes reasonable steps to limit any further disclosure.
18. MISCELLANEOUS. The Contest is void where prohibited:
- a. 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.
- b. 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.
- c. To the extent permitted by applicable law, OnePlus may suspend, modify or terminate the Contest if they believe, in their 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.
Last updated date: July 10, 2018