The following terms and conditions (hereinafter, the “Terms” or “Rules”) regulate the rules for participating in the “Illuminating Moments Campaign” (hereinafter the “Campaign”) which is organized by Beijing Xiaomi Mobile Software Co., Ltd, with its registered office at: No.018, floor 8, building 6, yard 33, middle Xierqi Road, Haidian District, Beijing, China, 100085, and ID Registration number: 91110108551385082Q.
(Hereinafter, the "Organizer")
Participation is voluntary and free of charge, except for internet costs or any other connection costs.
If you have any questions about this Competition, please write to the following email address: community-1@xiaomi.com
(Hereinafter the “Competition Contact”).
By participating in the Competition, you are hereby accepting (i) the Competition’s present Rules as well as (ii) Xiaomi’s Terms of Use and Privacy Policy https://privacy.mi.com/all/languages/.
This Competition is valid in Global.
In order to participate in the Competition, the Participant must have the legal age of the Territory from which he/she participates and have the legal capacity according to the applicable laws of its place of residence.
(Hereinafter the “Participant(s)” or “You”).
Upon the Organizer’s request, Participant must be able to demonstrate at any time and, within a reasonable period, that he/she meets the necessary above-mentioned conditions to participate in the Competition.
The Organizer’s employees and/or their family members up to the second degree or any affiliates or company related to the organization or management of the Competition may not participate in the Competition.
Where Inaccurate or erroneous data are provided by the Participant, the Organizer reserves the right to reject or disqualify the Participant from the Competition and so without giving any reasons or notice.
The duration of this Competition is from 18:00 (GMT+8) on February 21st, 2024 to 23:59 (GMT+8) on March 1st, 2024 (hereinafter the ”Term” ).
6.1 GENERALPROVISIONS OF THE COMPETITION
This Illuminating Moments Campaign invites Participants to submit photos illuminated by the light (hereinafter referred to as "Entries"). Participants are required to successfully submit their photo on the Xiaomi Global Community (https://new.c.mi.com/global)
6.1.1 Period of Competition
The submission period starts at 18:00 (GMT+8) on February 21st, 2024 and ends at 23:59 on February 28th, 2024.
6.1.2 Eligible Entries
Please be aware that each Participant’s entry will be reviewed after submission. The Organizer reserves the right to display publically some of the photos which comply with all the requirements.
The Organizer shall have the right to reject: (i) Participants whose data are false or incomplete; (ii) Participants who contravene the applicable regulations; (iii) Participants whose Content is not original or infringe the intellectual property of third parties.
6.1.3 Winner Selecti on Mechanism
The Winner's selection will be based on the following criteria:
Entry(s) meet the requirements stated in 6.1.2;
Entry(s) shall be creative and unique;
Entry(s) shall be clear with high image qualities and based on technical criteria standards (color; composition; lightning; focus; exposure; emotion).
6.1.4 Prizes
Participation Prize: #Xiaomi14Series Icon Frame
Winning Prize:
A provisional Winners list will be published on the Xiaomi Global Community on March 1st, 2024. Only their Nickname in Xiaomi Community will be disclosed.
The Organizer will contact the Winners by private message in order to confirm their contact information and to ensure the delivery of the Prizes within ten (10) days following the Winners announcement.
The Winners should reply to the Organizer and confirm or provide the requested information (necessary to ensure the proper delivery of the Prize) within seven (7) days after the organizer first contact them. Otherwise they may lose their titles of Winners and corresponding Prizes. In that event, the Organizer reserves the right to use the Prize at its own discretion for other purposes in relation with the Competition.
The Prizes will be sent by post to the address confirmed by the Winner(s) within thirty (30) days following the announcement.
Each entry has only one chance to win.
The Prizes which consist of products are not exchangeable in cash and all the Prizes will be subject, if applicable, to the corresponding tax and withholdings. The winners should ensure that they comply with all the applicable tax laws and regulations regarding the prizes.
The Organizer reserves the right, at his own discretion, to substitute the Prize for another of equal value or characteristics, always informing of this circumstance in its media.
The Prizes are personal and non-transferable.
9.1 ASSIGNMENT OF PARTICIPANTS INTELLECTUAL PROPERTY RIGHTS
BY PARTICIPATING IN THE ACTIVITY, PARTICIPANTS AUTHORIZE THE ORGANIZER (WHICH EXPRESSION SHALL BE UNDERSTOOD AS INCLUDING XIAOMI GROUP COMPANIES, PARENT COMPANIES OR SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS) AND ITS AFFILIATED PARTNERS, TO EXPLOIT, COMMERCIALIZE AND MAKE AVAILABLE TO THE PUBLIC – ALL WITHIN THE STATUTORY LIMITS - DIRECTLY OR THROUGH ITS WEB AND/OR ITS SOCIAL NETWORKS, THE PHOTO(S) CREATED IN CONNECTION WITH THE ACTIVITY AND USE THE PHOTO(S) FOR COMMERCIAL AND/OR ADVERTISING PURPOSES.
THE AFORE-MENTIONED AUTHORIZATION IS GRANTED ON AN EXCLUSIVE AND IRREVOCABLE BASIS; IN THE BROADEST POSSIBLE FORM IN LAW; WITHOUT ANY FORM OF REMUNERATION/COMPENSATION; FOR THE WHOLE WORLD; FOR THE WHOLE LEGAL LIFE OF THE RIGHTS UP TO THEIR PASSAGE INTO THE PUBLIC DOMAIN;
WITH THE CAPACITY TO ASSIGN TO THIRD PARTIES. THIS AUTHORIZATION WILL ALSO COVER ALL EXPLOITATION RIGHTS, INCLUDING THE RIGHTS OF DISCLOSURE AND PUBLICATION, FIXATION, REPRODUCTION, DISTRIBUTION, PUBLIC COMMUNICATION AND MAKING AVAILABLE TO THE PUBLIC, THE RIGHT OF TRANSFORMATION AND COLLECTION RIGHT THAT MAY CORRESPOND TO THE PHOTO(S) OR THE WORK DERIVED FROM IT, AS WELL AS INDUSTRIAL PROPERTY RIGHTS AND ANY OTHER RIGHTS THAT MAY BE DERIVED FROM THE PHOTO(S) AND/OR ITS ELEMENTS.
9.2 AUTHORISATION OF PARTICIPANT IMAGE RIGHT
PARTICIPANTS IRREVOCABLY GRANT TO THE ORGANIZER (WHICH EXPRESSION SHALL BE UNDERSTOOD AS INCLUDING XIAOMI GROUP COMPANIES, PARENT COMPANIES OR SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS) AND ITS AFFILIATED PARTNERS, THE RIGHT TO USE THE PARTICIPANT’S IMAGE AND NAME IN ALL FORMS AND MEDIA INCLUDING COMPOSITE OR MODIFIED REPRESENTATION INCLUDING ADVERTISING, OR ANY COMMERCIAL PURPOSE IN CONNECTION WITH THE ACTIVITY THROUGHOUT THE WORLD AND IN PERPETUITY WITHOUT ANY COMPENSATION.
PARTICIPANTS MOREOVER RELEASE THE ORGANIZER AND ITS PARTNERS FROM ANY CLAIMS THAT MAY ARISE REGARDING THE USE OF THEIR IMAGE, INCLUDING ANY CLAIMS OF DEFAMATION, INVASION OF PRIVACY, OR INFRINGEMENT OF MORAL RIGHTS, RIGHTS OF PUBLICITY, OR COPYRIGHT.
Participants in the Competition agree to provide their respective Organizer with the collection of the following personal data:
For Winners:
These data shall be collected and processed by the Organizer to ensure the proper organization and management of the Competition i.e. delivery of the Prize.
The Organizer and its affiliated partner respect the Participant’s privacy and undertake to protect it in accordance with their respective privacy policies and the applicable laws.
Personal data will be kept for the time necessary to guarantee the Participant with the exercise of their rights and actions in relation to the Competition.
By entering the Activity, you hereby consent that the above Personal data will be collected by us. We will collect, use, disclose, process and protect your personal information according to our privacy policy.
Ultimately, we want the best for all our Participants. If you have any concerns about our data management practice outlined in this Privacy Policy, please contact https://privacy.mi.com/support/?locale=en to submit your concerns. We will be happy to resolve your concerns directly.
All complaints related to the Activity can be submitted through the website: https://www.mi.com/global/support.
The complaint will be considered within 14 days from the date of its receipt, based on the applicable laws and this T&C. However, the deadline may be extended in the event of reasons beyond the Organizer's control, about which the Participant will be informed.
12.1 ORGANIZER’S REPRESENTATION
Unless otherwise expressly stated in this term, Organizer and its affiliated or third-party Organizers provide the Competition on best effort basis only and exclude all warranties and conditions of any kind whether expressly or implied. In particular but without limitation, Organizer and its affiliated or third-party Organizers do not warrant or represent that:
(i) The Competition is fit for any purpose or meet Participant requirements or is provided without any errors or deficiencies or that the Competition in compliance with any quality levels, as the case may be;
(ii) The Competition is available to Participant at any time and provided to Participant without disruption, interruption or delay;
(iii) Any information (whether oral or written) obtained by Participant from Organizer or as a result of Participant taking part in the Competition (including any materials or products) will be suitable, accurate, complete, or reliable; and
(iv) That any deficiencies in the Competition, including any defects in performance, operation or functionality of the Competition will be fixed, corrected or otherwise remedied.
12.2 ORGANIZER’S LIABILITY
Organizer is not liable to Participant, regardless of the legal grounds, in particular whether in contract, tort (including negligence) or any theory of liability, in or out of the connection with the participation in the Competition for:
(i) Any indirect, incidental, special or consequential damages;
(ii) Any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect);
(iii) Any damage to and/or corruption or loss of data (whether direct or indirect);
(iv) Any changes, modifications, extensions or limitations (including any suspension of Participant) in the Competition;
(v) Access to Participant account and account data or Participant registration data taking part of the Competition, or any permanent or temporary cessation in the terms or conditions of the Competition (or any part of them).
In the term that Organizer is liable for a breach of these terms, Organizer liability shall be limited to damages which Organizer must typically expect at the time of the conclusion of these Terms due to the circumstances known at the time. Notwithstanding the above, such damages shall not be higher than 100 euros (or equivalent local currency).
Nothing in these Terms shall exclude or limit Organizer:
a) Liability for death, personal injury or fraud or in accordance with any product liability act; and
b) Warranty or liability for damages or losses which may not be lawfully excluded or limited by applicable law. If the laws in the Participant jurisdiction do not allow the exclusion of certain warranties, terms or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages, only the limitations which are lawful in that jurisdiction will apply to the Participant and Organizer’s liability and warranty will be limited to the maximum extent permitted by applicable law.
12.3 PARTICIPANT’S LIABILITY
Participant is entirely responsible for any breach of the obligations under:
(i) These Terms; and
(ii) Any applicable law or regulation in the relevant jurisdictions, including the jurisdiction where you are a resident or from where you are participating in the Competition.
(iii) And for the consequences of any such breach, including any loss or damage which Organizer or any third-party may incur or suffer. Organizer will have no responsibility to Participant or to any third party in respect of such breach.
Upon participating the Competition, the Participant understands and agrees that:
The Competition and the functions, services and goods provided through the Competition are subject to the export controls and economic sanctions laws of multiple jurisdictions containing restrictions on destination, end user and end use, including but not limited to: (1) not to use of any functions, service or goods for any activities related to military end uses, support of terrorism, nuclear facilities, chemical or biological weapons, missiles, weapons of mass destruction, etc.; (2) comply with all export, re-export and resale restrictions applicable to the goods.
If Participant's use of the functions and services being provided through the Competition violates, or in our reasonable opinion may violate, the requirements and restrictions of relevant laws, resulting in a compliance risk or adverse impact on the Competition, functions and services and supply of goods, the Organizer reserves the right to suspend, restrict or terminate the provisions of all or part of the goods and services.
Organizer reserves the right to change the T&C in case of:
a. changes in applicable general provisions of law resulting in the need to adapt it to these changes in law;
b. removing any errors and clarifying any ambiguities in the T&C;
c. issuance of a judgment or other act by a court or authorized public authority resulting in the need to amend the T&C in order to adapt to such a judgment or other similar act;
d. changes to the functionality of the Website;
e. organizational or legal changes of the Organizer.
Participants will be informed about changes to the Terms and Conditions at least 14 days in advance by publishing information about the planned change on the website: https://new.c.mi.com/global/post/788949. If a binding legal provision, judgment, or other similar act of an authorized public authority requires the Organizer to make changes to the Terms and Conditions within a shorter period than specified in above, the notice of the changes to the Terms and Conditions will indicate the shorter period, along with the reason. The modified Terms and Conditions apply to the Participant who does not withdraw from participating in the Activity before the effective date of the changes to the Terms and Conditions.
Participation in the Competition will be governed by the Terms, which will be interpreted and applied in accordance with the laws of the Organizer.
The Participant has the option of filing claims at a competent court in the country in which the organizer is resident.
Not available in this area.