Terms & Conditions of Be a Samsonite Designer
“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, Australia and New Zealand who have attained the legal age. Registration opens on 16th March, 2015 and closes on 30th April, 2015. Registration is free and participants must accept these terms and conditions (“these Terms and Conditions”). Please observe – in particular – the conditions applicable to the intellectual property rights to entries and/or submissions.
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”).
Participation is open to residents in Hong Kong, China, Taiwan, Korea, Japan, India, Singapore, Australia and New Zealand who have attained the legal age in these markets (“the Participants”). Unless otherwise stated, the age of majority is [eighteen (18)].
The Organizer reserves the right to exclude without any justification the Participants who do not meet the conditions of entry and/or submission to the Contest. Also excluded from the Contest are persons using prohibited aids or otherwise seeking to obtain advantage by manipulations of any kind whatsoever. In such cases, the Organizer reserves the right to disallow prizes. Employees (and their immediate family members) of the Organizer are not eligible for winning.
It is not the responsibility of the Organizer to ensure that the entry and/or submission requirements do not contravene the laws and regulations of any market from which the entry and/or submission is being submitted. For the aforementioned reasons, all responsibilities relating to the entries and/or submissions to the Contest will be borne by the Participants who, it is understood, have submitted such entries and/or submissions under their own responsibility and risk, and the Organizer will not be responsible in any respect.
The Contest begins on 16th March, 2015. All Participants submitting an entry must deliver finished work through the Be a Samsonite Designer website at http://www.samsonitedesigner.com (“the Website”). All entries and/or submissions must be received by 11:59 pm local time on 30th April, 2015.
Each entry and/or submission will be screened before being shown in the online gallery and the Participants will receive confirmation of acceptance/rejection of the relevant entry and/or submission.
The objective of the Contest is to design an artwork which will be printed on a Cosmolite suitcase, produced and sold as a limited edition globally.
All Participants must submit a duly completed entry form and download the template for submitting their artwork from the Website. All designs submitted will be displayed in the online gallery on the Website after approval. Each Participant may submit more than one (1) artwork.
The artwork is based on one (1) of the following themes: [Hong Kong, China, Taiwan, Korea, Japan, India, Singapore, Australia or New Zealand].
Artwork entries and/or submissions must be created on the template downloaded from the Website. Any Participant may enter one (1) design based on any of the themes. The final artwork submitted online will be in PNG in 521 pixels (W) by 737 pixels (H) with the picture of the suitcase and the graphics integrated on it [(without the dotted line)]. The dotted line reflects the maximum printing area that can be used. The Organizer reserves the right to exclude any files which are not compatible. The design should not contain scandalous, libelous, or unlawful matter, logos or names of other brands. The winners will be contacted to deliver their designs in a better resolution, namely, a [PDF, CMYK, 150 dpi, format scale 1, 650 (H) x 422 (W) mm], with the correct position of the graphics inside the printing area (dotted line).
One (1) designer from each of the eight (8) participating markets is eligible to be a winner in each such market. Each of the eight (8) winners will receive cash and product prizes worth in total USD[5,000] and a personalized Cosmolite suitcase with his/her design printed on the suitcase.
Market winners will be voted by registered Facebook account users (“the FB users”) on the Website. The FB users are allowed to only vote for a design of the Participants from a market where the FB users and the Participants are residing. The design with the most votes in each market wins.
Among the eight (8) winners mentioned above, there will be one (1) winner of the Grand Prize.
The winner will receive two (2) round-trip air tickets for two (2) persons (including the winner himself or herself) which may be worth up to USD[20,000] for a trip to a choice of one (1) of the following cities: Paris, Milan, London or Belgium. The tickets arranged by a travel agency by choice of the Organizer must be used no later than 31st December, 2016.
The winner’s design may be printed on a Cosmolite suitcase, produced and sold in a limited edition. The Organizer reserves the right to decide on the quantities produced without any pecuniary payment to the winner.
The winner of the Grand Prize will be selected by a panel comprising the Organizer’s Marketing and Design Department.
There will be one (1) lucky draw per market. All FB users who vote for the design in the relevant market with the most votes gathered on the Website are entitled to one (1) lucky draw chance and one (1) lucky draw prize. The voting period starts on 1st May, 2015 and closes at 11:59 pm local time on 15th May, 2015. Lucky draw winners will be picked at random. The lucky draw prize is a Cosmolite suitcase with the winning design in the relevant market printed on it.
All winners will be informed by [25th May], 2015 unless otherwise notified on the Website. The results will be announced on the Website. The winners will be verified against personal identity document.
The prizes (the tickets and suitcases) will be sent to all winners by courier.
Each potential winner for the market price or the grand prize will be notified by e-mail and/or by phone who must respond to, accept or decline the prize within ten (10) calendar days of notification. If a potential winner cannot be contacted, does not respond on a timely basis or is disqualified, another potential winner will be selected and no payment or other compensation will be made to the original potential winner. The same procedure will repeat until a winner is named. The decision of the panel is final.
No cash substitution will be allowed. Each 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.
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 may at any time request access to and correct their personal data in any of the Organizer’s records and also inform the Organizer to delete their personal data from the Organizer’s database. 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. 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.
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.