TERMS AND CONDITIONS FOR THE WIN THE INNOVATIVE XPERIA EAR DUO COMPETITION (“Competition”)
This Competition is organized and hosted by Sony Mobile Communications AB, 221 88 Lund, Sweden (“Promoter”) from: 2 January 2019 to 31 January 2019 (inclusive).
By entering this Competition you accept and agree to the following (i) the Sony Mobile Legal Notice including User Terms and Privacy Notice available at www.sonymobile.com/Legal and (ii) the following terms and conditions below together with any instructions on how to enter this Competition ((i) and (ii) collectively “Terms and Conditions”).
1. To enter, you (“You” or “Participant”) need to enter the Competition via the Xperia™ Lounge Application (“Application”). Each Participant has to: be a legal resident of Åland Islands, Albania, Andorra, Armenia, Austria, Azerbaijan, Belarus, Belgium, Bosnia and Herzegovina, British Virgin Islands, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Faroe Islands, Finland, France, Georgia, Germany, Gibraltar, Greece, Greenland, Guernsey, Hong Kong, Hungary, Iceland, Ireland, Isle Of Man, Israel, Jersey, Kazakhstan, Kosovo, Kyrgyzstan, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia (FYROM), Malta, Martinique, Moldova, Monaco, Montenegro, Netherlands, Norway, Portugal, Réunion, Romania, Russia, San Marino, Serbia, Slovakia, Slovenia, South Africa, Spain, St. Helena, Svalbard & Jan Mayen, Switzerland, Taiwan, Tajikistan, Turkmenistan, Ukraine, United Kingdom, Uruguay, Uzbekistan; download the Xperia™ Lounge Application or go to xperialounge.com; provide all of the required registration details as required by the Application; and answer a multiple-choice question (collectively the “Entry”).
2. This Competition is without any obligation to make a purchase for entry.
3. There is one (1) prize (“Prize”) to be won. The winner (“Winner”) will be the 19,000th person who submits a valid Entry and correctly answers the Competition question. The Prize consists of 1 x Xperia Ear Duo or equivalent products. Please note that when cash is offered as part of the Prize, the Promoter will only provide such cash to Winner(s) located in countries where it is legally permitted to do so. If you live in a country where it is not permitted to give cash as a Prize, then the Promoter will deliver the Prize minus the cash component. If the number of participants is less than the number above, Sony Mobile may at its sole choice and discretion not award the prize or extend the period of time to enter.
4. Only one (1) Entry in the Competition per Participant will be accepted. Participants cannot be legal entities. Employees and immediate relatives of employees of the Promoter or of its respective parent, subsidiary or affiliated companies or any other person connected with this Competition are excluded from participation.
5. In the event complete and correct information is not provided, the Entry will be considered incomplete and therefore invalid. Invalid forms will not be accepted as valid Entries to the Competition. The Promoter reserves the right to select an alternative Winner in the event that the Promoter has reasonable grounds for believing that a Participant has contravened any of these Terms and Conditions.
6. The Winner of the Prize will be notified by e-mail by or on behalf of the Promoter within 10 working days after the competition closes. To receive the Prize the Winner must respond to the notification email and provide all registration information requested no later than 3 calendar days after the date of receipt of the email notification. The Promoter will then continue to correspond with the Winner’s nominated email address. It is each Participant’s responsibility to regularly check their email account (including their junk email folder) within this time period and to respond the email notification within the required time frames, failing which, the Promoter reserves the right to select another Winner of the Prize.
7. If the Winner does not respond to the email notification email before the 3 calendar day deadline and provide all of the details set out in the clause above, an email notification will be sent confirming that they are no longer eligible to claim the Prize. If after initially making contact, the winner does not respond to any further email communications within 72 hours of being sent the email, the Promoter has the right to select an alternative winner and an email notification will be sent confirming that they are no longer eligible to claim the prize.
8. The Winner and accompanying guest will be required to provide a fully completed prize information claim form within the required timeframes. Winner acknowledges and agrees that fulfillment of the Prize will not be possible without the Promoter receiving all the information requested by or on behalf of the Promoter.
9. Where required by mandatory local law, the identity of the Winner will be published. By participating to this Competition, the Participant acknowledges and agrees that his or her name and/or geographic location may be made available to the public.
10. Winner must participate in the Prize on the dates advised. If the Winner is unable to attend any event as part of the Prize, Winner and accompanying guest forfeit all rights to the Prize and Promoter reserves the right to select an alternative winner. Dates of the Prize may be subject to change due to circumstances beyond the Promoter’s control including without limitation, the rescheduling of the event by the event’s organizer(s). In the case of a change of date for participating in the Prize, the Promoter will notify the Winner as soon as is reasonably practicable. In the case of a change of date for the event, where tickets to any rescheduled event are made available to the Promoter, Promoter shall make available to the Winner tickets to any such rescheduled event. If the Winner cannot accept the Prize on the rescheduled date(s) then the Promoter reserves the right to select an alternative winner. If the Winner cannot accept the Prize the Promoter reserves the right to select an alternative winner instead, in which case the Winner originally notified by us forfeits his or her right to the Prize.
11. Winner and accompanying guest are responsible for all other costs and expenses not expressly described as included as part of the Prize, including the cost to enter. This includes, without limitation, costs such as transportation to and from the airport in the Winner’s city of residence, additional accommodation if required, meals not specifically referenced, gratuities, telephone calls, taxes and all other items of a personal nature.
12. Unless mandatory local law states otherwise Participant is responsible for any costs, taxes, duties or levies incurred as a result of participating in or winning the Competition. In addition, Participant agrees and accepts that by winning the Competition Participant may incur taxes, duties or other levies including but not limited to any prize tax etc under any applicable laws and regulations. Participant unconditionally accepts to pay any such tax, duty or other levy in full on behalf of Participant or an accompanying guest.
13. No responsibility will be accepted for Entries lost, delayed, misdirected, damaged, or undelivered, whether due to technical difficulties affecting electronic communication or else.
14. All Prizes are as stated and are non-transferable and cannot be exchanged. No cash or credit alternatives will be offered. If due to circumstances beyond the Promoter’s control the Promoter is unable to provide the stated Prize(s), the Promoter reserves the right to award as substitute a Prize of equal or higher value. All Prizes are subject to the terms and conditions of any supplier(s) of relevant services included in the Prize (for example, airline carriers, providers of hotel or other accommodation, Event organizers and Event venue rules and policies).
15. Subject to applicable local mandatory laws, the Participant grants Promoter any and all rights necessary for distribution and public display of any submitted text, image, or other intellectual property rights that may arise from participation in this Competition, the Prizes or related publicity, and the irrevocable, unrestricted right to use, publish, display and distribute materials bearing Your name, voice, likeness or any other identifiable representation of You (“Likeness”). The Participant grants Promoter the perpetual right to exclusively, royalty-free and without limitation freely use, modify, edit, copy, reproduce, distribute, translate, create derivative works from, alter and publicly display or publish any such intellectual property rights, for whatever purpose, in any form or medium, whether promotional or in other activities or events arranged by Promoter, whether locally or worldwide. For participants located in South Africa, the Promoter will contact you before applying this section 15 and will give you the opportunity to refuse such use of any submitted tesxt, image, Likeness or other intellectual property rights that may arise from participation in this Competition, the Prizes or related publicity.
16. Subject to applicable local mandatory laws, the Participant agrees that all materials containing their Likeness (including, without limitation, all negatives, plates and masters of any photographs, files, prints or tapes) shall be and remain the sole and exclusive property of Promoter and assign any proprietary right they may have acquired in or to such material to Promoter. The Participant releases and forever discharges Promoter from any and all liability and damages relating to the use of Your Likeness or any other identifiable representation of You. The Participant waives any right they may have to inspect or approve the finished materials or any part or element thereof that incorporates their Likeness or any other identifiable representation.
17. Any personal information, including, without limitation, the Participant’s name, age, address (including postcode), mobile phone number and/or email address will be used solely in connection with this Competition and will not be disclosed to any third party except for the purpose of this Competition (including subsequent promotions as stated in these Terms and Conditions) or fulfilling Prizes where applicable. The Sony Mobile Privacy Notice displayed at www.sonymobile.com/Legal under “Privacy” applies to any processing of data performed in connection herewith.
18. Save for cases of gross negligence of the Promoter, the Promoter will under no circumstance whatsoever irrespective of the cause therefore, be liable for any loss, damage or injury to the Winner and/or accompanying guest, nor to property, or else caused or suffered in connection with this Competition or any Prize(s) awarded.
19. Promoter reserves the right at any time and from time to time without any liability whatsoever, to modify or discontinue, temporarily or permanently this Competition, with or without prior notice to Participants.
20. Disclaimer of Warranty and Limitation of Liability
A. SUBJECT TO APPLICABLE LOCAL MANDATORY LAWS, IN NO EVENT WILL THE PROMOTER OR ANY PERSON OR ENTITY INVOLVED IN ARRANGING, HOSTING, CREATING, PRODUCING OR DISTRIBUTING THE COMPETITION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE PARTICIPATION IN THE COMPETITION OR ELSE.
B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROMOTER’S LIABILITY OR OF ANY PERSON OR ENTITY INVOLVED IN THE COMPETITION AS STATED IN A. ABOVE SHALL FOR ANY REASON WHATSOEVER BE LIMITED TO MAXIMUM EUR 100.
