The Design My Samsonite Contest (Voting and Lucky Draw)
Details and Terms & Conditions
“Be a Samsonite Designer” is a design contest in Asia (“the Contest”) arranged by Samsonite Asia Limited. Participation is open to residents in Hong Kong, China, Taiwan, Korea, Japan, India, Singapore and Australia who have attained the legal age. Registration in Hong Kong opens on 17th April, 2015 and closes on 7th May, 2015.
The Contest is organized by Samsonite Asia Limited, with its registered office at 25/F, Tower 2, The Gateway, Harbour City, 25 Canton Road, Tsimshatsui, Kowloon, Hong Kong (“the Organizer”).
Hong Kong Residents can vote for the Market winner of Hong Kong by using the registered Facebook account users (“the FB users”) on the Website. The voting period starts from now to 11:59 pm local time on 21st May, 2015. The design with the most votes in each market wins. Among the eight (8) Market winners mentioned above, there will be one (1) winner of the Grand Prize.
The Prize is not for sale and cannot be transferred, substituted (in whole or in part) or redeemed for cash or any other items.
The Lucky Draw result will be announced on the Samsonite Hong Kong Facebook (http://www.facebook.com/SamsoniteHongKong), and also be published on the newspaper of Sing Tao Daily and The Standard on 29th May, 2015. The lucky draw winner will be notified by e-mail and/or by phone. If the Prize is not collected by the expiration date, it will be forfeited and there is no payment or other compensation will be made. The decision of the panel is final.
No cash substitution will be allowed. Lucky Draw prize is awarded “as is”, without warranty whatsoever. The Organizer is not responsible for direct or indirect damage that may occur as a result of the use or loss of the prize, regardless of cause.
If any prize cannot be awarded due to circumstances beyond the reasonable control of the Organizer, it will at its sole discretion reserve the right to substitute it with a prize of equal value.
The Organizer will not discuss, respond to or comment on any queries or comments regarding the results. All decisions of the Organizer are final and binding.
At the time of entry and/or submission, the Participants are deemed to have read, understood and agreed to these Terms and Conditions of the Contest. By participating in the Contest, they agree to be bound by these Terms and Conditions at that time in force. By participating in the vote, the FB users are deemed to be in full agreement with these Terms and Conditions.
The Organizer shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete, unreadable or inaccurate entries and/or submissions; (ii) computer hardware, software or other technical or computer malfunctions, lost connections, disconnections or delays; (iii) data corruption, destruction, unauthorized access to or alteration of entry and/or submission or other materials; (iv) any injuries, losses or damage of any kind caused by the prizes or resulting from acceptance, possession or use of the prizes, or from participation in the Contest or the lucky draw; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Contest or the lucky draw.
The Organizer disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Contest and the lucky draw, and reserves the right, in its sole discretion, to cancel, modify or suspend the Contest and the lucky draw should a virus, bug, computer problem, unauthorized intervention or other causes beyond the Organizer’s control corrupt the administration, security or proper play of the Contest and the lucky draw.
By participating in the Contest and the lucky draw, the Participants and the FB users respectively agree that no claim shall be asserted against the Organizer, its affiliates or any of its or their directors, officers, employees or agents in respect of any damage, rights, claims or actions of any kind whatsoever that may result from their participation in the Contest and/or the lucky draw and/or acceptance and enjoyment of the prizes.
The Contest and the lucky draw will be void where prohibited. To the extent permitted by law, the rights to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with the Contest and the lucky draw are hereby excluded and any Participant or FB user expressly waives any and all such rights.
All entries and/or submissions will not be returned to the Participants, unless agreed otherwise in writing.
In respect of copyright and other intellectual property rights in artwork entries and/or submissions, and in any and all other details submitted, and in the Participants’ involvement in the Contest (including, without limitation, all interviews, pictures, audio, audio-visual, whether the Participants’ appearance is featured or incidental), in all media and technology (collectively, “the Works”), the Participants:
(a) hereby grant to the Organizer and its affiliates, a non-exclusive, royalty-free perpetual worldwide license to use any such copyright and other intellectual property rights in any media and in any form to the extent the Organizer deems it appropriate;
(b) agree, at the Organizer’s request, to assign to the Organizer, such copyright and other intellectual property rights, and to do all such acts as may be reasonably requested by the Organizer to effect the assignment under this clause; and
(c) agree that the aforesaid license and assignment shall include the right for the Organizer to alter, edit, compile, amend or otherwise adapt such Works and/or use such Works in conjunction with any other material and to use, distribute and/or broadcast such Works in all media and all formats and the right to sublicense such rights to any other persons, in each case for such purposes as the Organizer may in its absolute discretion determine.
Each Participant represents and warrants that the entry and/or submission are his/her own creation and that the artwork does not include nor infringe any third party intellectual property rights, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing or threatening, and that the Organizer is free and able to use the artwork.
The Participants agree to waive any moral rights in the Works and represent and warrant that they have obtained a waiver of all applicable moral rights in the Works and further have obtained all consents and permissions in respect of the Works, if applicable.
Each Participant must ensure, and represents and warrants that any person whose image has been used in the relevant Works has given consent for the use of his/her image or has waived any rights he/she may have in the images, videos or other media submitted. Failure to adequately demonstrate this consent to the satisfaction of the Organizer may result in disqualification from the Contest and forfeiture of any prize.
“Be a Samsonite Designer” is a design contest receiving media interest. By entering the Contest, each Participant understands that the submission material is made publicly available and will be able to be shared by the other Participants, general public across any and all media channels and the Internet.
The designs winning any prizes in any of the eight (8) markets may also be used for commercial purposes and may be communicated in fairs, [in the Samsonite Dealer Catalogue September 2015,] on Samsonite e-commerce websites and in shops.
Any Participant may be asked to take part in publicity and promotional activities for the Contest. By entering the Contest, each Participant is accepting that his/her name, concept descriptions, project details, images and footage can be used for publicity purposes. The Participant may be asked to take part in interviews.
None of the Participants and the FB users is entitled to any compensation or reimbursement for any costs. The participation in the Contest and the lucky draw shall not constitute employment, assignment or offer of employment or assignment.
Personal Information Collection Statement:
When collecting and processing personal data, the Organizer is subject to the data protection laws of the relevant markets.
The personal data the Organizer collects from the Participants and the FB users will be limited to the minimum information, including name, home address, telephone number, e-mail address and identity card number (first four digits of participants’ HKID card).
Personal data provided by the Participants and the FB users will be used by the Organizer for the purposes of: (a) verifying their identity; (b) administering the Contest, the lucky draw and evaluating the Works; (c) contacting the Participants for prize collection or otherwise in connection with the Contest; (d) contacting the FB users for prize collection or otherwise in connection with the lucky draw; and (e) achieving the intended results in connection with the transactions contemplated herein.
Personal data is provided voluntarily by the Participants and the FB users through the Website. Any questions with regard to the use of personal data may be directed to the Website.
It is the Organizer’s policy to protect privacy of the Participants and the FB users and to respect their rights under all applicable privacy laws. Personal data collected by the Organizer will not be sold, provided or transferred out of the Samsonite Group except that personal data may be provided to third-party suppliers or service providers used in connection with any part of the Contest or the lucky draw who may have places of business outside the markets where the Participants and the FB users are residing. Personal data will not be provided to third parties for direct marketing or purposes unrelated to the Contest or the lucky draw without prior consent of the Participant or the FB user concerned.
The Participants and the FB users cannot correct their personal data in any of the Organizer’s records after submitted. The Organizer will not retain the Participants’ personal data after completion of the Contest and the lucky draw.
The Website may provide links to other websites over which the Organizer has no control and for which the Organizer is not responsible. Different privacy practices and policies which are less user-friendly may apply.
By taking part in the Contest and the lucky draw, the Participants and the FB users respectively authorize the Organizer to use their surname, forename, photo and the Works, as the case may be, for any commercial purposes.
By entering the Contest and participating in the vote, the Participants and the FB users respectively agree to abide by all rules governing the Contest and the lucky draw from time to time.
Legal relationship between the Organizer and the Participants on the one hand and the FB users on the other hand is governed by the applicable law of the Hong Kong Special Administrative Region. Any and all legal actions or claims arising in connection with the Contest and the lucky draw must be brought in a court of competent jurisdiction in the Hong Kong Special Administrative Region.
In any communication with the Organizer with regard to any and all legal actions or claims arising in connection with the Contest and the lucky draw by e-mail, the Participants and the FB users must note that the security of Internet e-mail is uncertain. By sending sensitive or confidential e-mail messages that are not encrypted, the Participant or the FB user concerned accepts the risks of such uncertainty and possible lack of confidentiality over the Internet.
The Organizer reserves the right to amend these Terms and Conditions at any time without prior notice (except the Lucky Draw). The latest version of these Terms and Conditions will be posted on the Website.
Any inquiry related to participating in the Contest and the lucky draw shall be sent to the Website. Inquiries received after the closing date of the contest period and the lucky draw, as the case may be, will not be honoured.
The Organizer reserves the right to modify these Terms and Conditions from time to time, and/or make Prize substitutions, without prior notice (except the Lucky Draw).
In case of discrepancy between the English version and other language version, the English version shall prevail.
In case of disputes, the Organizer reserves the right of final decision on all matters.