TERMS & CONDITIONS OF USE AND PARTICIPATION SELFIE TOOL AND PHOTO COMPETITION IN THE CONTEXT OF THE ESPRIT - #IMESPRIT CAMPAIGN
1. Selfie tool and photo competition
ESPRIT Global Image GmbH, ESPRIT Allee, D-40882 Ratingen ("ESPRIT") offers the use of a Selfie Tool, with which photos of oneself can be made and uploaded ("shared") to various social networks. In this connection ESPRIT is conducting a photo competition in which users of the Selfie Tool can participate with no obligation. In the following the user states his agreement with the uploading of the photos via the Selfie Tool and with the terms and conditions of use contained herein. If the user should want to participate in the photo competition, the additional terms and conditions of participation as represented under Section 6 shall apply. Participation in the Selfie Tool and in the photo competition are voluntary, are exclusively for commercial purposes of the ESPRIT Group, and are not sponsored, supported or organized by social networks. All questions, comments or complaints about the use of the Selfie Tools as well as the photo competition are to be addressed directly to ESPRIT and not to Facebook or other social networks used. Likewise, any claims resulting from the use of the photos and the conduct of the competition are to be addressed exclusively to ESPRIT. The address of ESPRIT for these purposes is: ESPRIT Global Image GmbH, ESPRIT Allee, D-40882 Ratingen.
Users from the following countries may access the Selfie Tool: Germany, Austria, Switzerland, Great Britain, France, Belgium, the Netherland, Finland, Denmark and Sweden. Use and participation shall take place online in the Internet. Use and participation are free of charge for the user/participant; no purchase is necessary. To the extent that this is specified by law in individual countries, users/participants may request from ESPRIT a refund of proven charges incurred for Internet connection for use/participation. The competition will be carried out in Germany at the headquarters of ESPRIT in Ratingen, Germany.
The Selfie Tool is integrated into the pages www.esprit.com under the tab "Stories”. Furthermore, the Selfie Tool has been incorporated into the Esprit App.
The use of the Selfie Tool will be possible from 1st March 2017 until 31st August 2017, 23:59 p.m. ("Period of Use").
Participation in the competition will be possible from 1st March 2017 to 9th April 2017, 23:59 p.m.. ("Competition period").
During the competition period (1st March 2017 – April 9th 2017), the winnings described under Section 6.4 will be possible.
The times stated refer to local time in the Federal Republic of Germany (Central European Summer or Winter Time, "MEZ").
2. Use/ Participation
By clicking the "check-box" the user declares his or her express agreement with the validity of these terms and conditions of use. In particular, the user declares his or her agreement with the collection, processing, transmission and use of data in accordance with the data protection regulations described in Section 4. By entering his or her personal data the participant confirms his or her intent to participate in the competition and furthermore agrees to the terms and conditions of participation.
All persons who are at least 18 years of age at the time of participation and whose place of residence is in one of the countries specified under Section 1.1 are entitled to use the Selfie Tool and take part in the competition.
Neither the use of the Selfie Tool nor participation in the photo competition are contingent upon the making of a purchase or the use of services.
3. Use of the Selfie Tool
Users of the Selfie Tool shall, within the Period of Use and according to the guidelines of the terms and conditions of participation and use, by using the Selfie Tool, provide a creative photo, as determined on the basis of artistic and photographic criteria, with the designation #ImEsprit or another Hashtag defined in 3.1.1. The users shall upload the photo to various social network sites. The photos can be created as follows:
3.1.1 The user can take the photo in his or her private surroundings. The user then places the photo, with the help of the Selfie Tool, in a frame with the hashtags #ImEsprit, #ImFreedom, #ImFuture, #ImChange, #ImCourage, #ImLove, #ImEsprit. In addition to that the user has the possibility to create an own hashtag in the same style of the #Im-campaign. The user is responsible for the choice of the specific hashtag. The photo should show the user in an everyday moment from which it is clear why the user experiences the moment and himself or herself as special, individual and/or unique. Reference is made to the restrictions in Section 3.3 in particular. The own created hashtag of the user must not contain words or phrases that might be defamatory, obscene, offensive, sexual offensive, misleading, shameful, harassing, harmful, discriminating. In case that a hashtag contains such a word or phrase and therefore breaches these terms and conditions, ESPRIT is entitled to exclude the specific photo from the competition and reverses the upload of the photo. The user will then be excluded from the competition.
By uploading the photo the user confirms that the photo was arranged by himself or herself and that no copyrights or other third party rights exist. This also applies to any additional persons depicted in the photo.
The user is expressly forbidden to create, upload or share photos, blogs or other materials in connection with the photos that contain illegal content. These include, in particular, slanderous, obscene, defamatory, sexually explicit, misleading, humiliating, disturbing, injurious or discriminatory contents (particularly regarding age, religion, sex, nationality, race, sexual orientation, disability, etc.). The user is likewise forbidden to upload content which infringes the rights of a third party and/or content obtained without the consent of a third party or content that shows a person under 18 years of age without the the person's legal representative having granted effective consent. Contents that encourage dangerous and/or illegal behavior are also forbidden. In the case of violation of these provisions, ESPRIT is fully justified in all cases in removing content uploaded to social media networks and/or in requiring its removal, in destroying such content and in preventing its further dissemination (as far as possible). ESPRIT reserves the right in these cases to seek compensation or payment of damages from the persons responsible and to demand that they remove such material and cease and desist from such actions.
Single credit of 200 e-points.
A single credit of 200 e-points shall be placed on the Esprit-Friends account of the user. This credit shall be granted immediately after the uploading of the photo. This credit shall be granted regardless of whether the user participates in the competition as described in Section 6. The terms and conditions of use for the e-points can be viewed at:
BE - FR http://www.esprit.be/support-fr?cmd=STARTPAGE
BE -NL http://www.esprit.be/support-nl?cmd=STARTPAGE
The credit shall be granted once irregardless of the multiple use of the Selfie Tool.
The membership in the Esprit-Friends Program is a prerequisite for the e-points credit.
4. Data protection
ESPRIT shall observe the statutory data protection regulations. Insofar as no special conditions are specified here, the data protection regulations of ESPRIT accessible at http://www.esprit.com/privacy shall also apply.
All photos and data which the user uploads, posts or shares via the Selfie Tool are stored on the servers of the authorized agency Wysiwyg Software Design, of ESPRIT Global Image GmbH and of the authorized agency Zora Identity & Interaction Design, whose servers are hosted in Germany in accordance with German law. Insofar as this is foreseen by the lex loci of an authorized user/participant, such user/participant is entitled at any time during the participation period to inform ESPRIT at firstname.lastname@example.org about the storage of his or her data, to correct this data, and to revoke his or her declaration of consent by making a declaration to ESPRIT with future effect and to thereby demand the deletion of his or her personal data. A photo participating in the competition is eliminated from the photo competition upon the deletion of the user's personal data. Removal or deletion by ESPRIT of photos the user has shared on the web pages of the social networks and/or personal data shared on said social networks is generally not possible. In this case the user should contact the social network.
The user of the Selfie Tool gives hereby his or her express consent
- to the collection, storage, processing and transmission of the photos and data conveyed by him or her to and by the agency Wysiwyg Software Design (Stresemannstraße 26, 40210 Düsseldorf, Germany); as well as
- to the further transmission, storage, processing and publication of uploaded photos including any possible names/nicknames stated on Esprit.com and on websites of the Esprit Group, Facebook, YouTube, Instagram, Snapchat, Twitter, Google+ and Pinterest by ESPRIT Global Image GmbH (Esprit Allee, 40882 Ratingen, Germany) as the responsible party; and
- to the transmission of photos and data to the agency Zora Identity & Interaction Design (Lorettostraße 33, 40219 Düsseldorf, Germany) including the storage and processing of the transmitted photos and data by this agency, all of this to the extent that this is required, within the scope of the current ESPRIT campaign, for the rights of exploitation and use granted under Section 5, for the use of the Selfie Tool, and — for those photos participating in the photo competition — for the conducting of the photo competition.
This declaration applies also to Facebook, Instagram/Iconosquare, Snapchat, Twitter, Pinterest, Google+, YouTube and the participating agencies mentioned.
The user of the Selfie Tool is aware and agrees that with the sharing of his or her photos on social network sites his or her personal data may be stored, processed or otherwise used by companies whose level of data protection may not be comparable with European levels of data protection. In this case the respective data protection regulations issued by the respective operators of the social networks (Facebook, Instagram/Iconosquare, Pinterest, Google+, YouTube, Twitter and Snapchat etc.) shall apply.
Further transmission of the data to other third parties for other purposes shall not take place.
5. Rights of exploitation and use
By uploading the photo the user grants ESPRIT and the companies related to ESPRIT in the sense of § 15 of AktG [German Corporation Law] an irrevocable, sub-licenseable, worldwide, free-of-charge right transferable to a third party valid for 2 years to the uploaded photo, including any inserted comments, applicable to all types of use of the photo or any possible inserted comments to the photo, in particular for the use, dissemination, duplication, translation, commentary and modification of the photo and any text belonging to the photo for ESPRIT's commercial purposes. Rights to privacy and other rights of the user in relation to distorting or otherwise harmful commentary, modifications or other uses by ESPRIT naturally remain reserved. Following expiration of the utilization period a participant can not demand that either ESPRIT or Facebook, YouTube, Instagram, Google+ or Pinterest remove a photo already uploaded to the internet, insofar as this cannot be initiated, following the use of the photo by ESPRIT, by request of the user at a location controlled by ESPRIT.
The user of the Selfie Tool expressly agrees that ESPRIT follows the further use of the photo by the user in social networks, that it prepares analyses, statistics and evaluations on such use and that it imports the (commented) photos if necessary from the networks within the framework of the rights to use granted under Section 5.1. This takes place in particular with the goal of discovering photos suitable for advertising and/or contributions in connection with this photo and to further use them for commercial purposes, in particular to share the uploaded photos on ESPRIT's own websites as well as on the web pages of Facebook, Instagram/Iconosquare, Pinterest, Google+, YouTube, Twitter and Snapchat, to integrate the photos into these web pages, or to publish them on these websites and/or with comments (e.g. as "Best of" lists).
The user is obligated to ensure that for all persons depicted on a photo that is shared via the Selfie Tool are in agreement with these terms and conditions. The same applies for rights of use and copyrights granted to ESPRIT and the aforementioned associated companies. These pages are updated in real time. These explanations also apply to the platforms of Facebook, Instagram/Iconosquare, Pinterest, Google+, YouTube, Twitter and Snapchat that are used.
6. ADDITIONAL TERMS AND CONDITIONS OF PARTICIPATION FOR THE PHOTO COMPETITION
If the user would like to participate additionally in the photo competition, he or she is to confirm his or her participation as well as his or her acceptance of the following additionally valid terms and conditions of participation by providing personal data such as his or her name and email address.
The participation is only possible if the ESPRIT selfie tool is used for the upload of photos.
The participant in the photo competition pledges to ensure that all persons depicted on a photo entered in the competition also agree to these additional valid terms and conditions applicable to participation in the photo competition. The same applies for rights of use and copyrights granted to ESPRIT and the aforementioned associated companies. These explanations apply also to the platforms of Facebook, Instagram/Iconosquare, Pinterest, Google+, YouTube, Twitter and Snapchat used.
Competition period and terms and conditions applicable to the determination of winners:
A jury selected by ESPRIT will choose every week of the competition period from all uploaded photos by all participants from the permitted countries listed in Section 1.1 in which the competition is still active, on the basis of artistic, photographic and advertising merit, one photo per week –six photos overall in the competition period- as the most creative and most original photos which, in the opinion of the jury, best match the brand ESPRIT and the current ESPRIT campaign.
As a price the respective winners receive an invitation for the participation in ESPRIT’s summer campaign as a model. The photo shooting will be rendered in a European city. Modalities of the photo shooting will be timely told to the winners. Travel and accommodation costs will be organized and borne by ESPRIT. Any costs relating to loss of income will be borne by the winner. Prerequisite for the participation in the photo shooting is the conclusion of a separate model agreement between ESPRIT and the specific winner aforehand.
In addition to the six winners, the jury will select four participants as "runner up" in prioritized order. If a winner forfeits his/her right to the prize, the prize will instead be awarded to the first "runner up" in order. Any participants selected as "runner up" will only be informed of the selection, if a winner forfeits his/her right to the prize.
All winners as well as those users who move up win as an additional a gift certificate in the amount of € 100.00 ("gift card"). The gift card can be used in all ESPRIT stores and in the online Esprit shop at www.esprit.com.
The terms and conditions of use for the gift card can be viewed at https://www.esprit.com/giftcard .
If a winner rejects the invitation to participate in the photo shooting, the winner may still receive the awarded gift card. The prizes are non-transferable and non-refundable. No cash alternative is available.
The respective winner will be notified of his or her selection by email by ESPRIT Social Media Team after the ESPRIT jury chose the winners.
If the winner does not reply, either by email or postal service, to the address stated in the notification within 10 business days of the dispatch of the notification, his or her claim to winnings shall be nullified. Participants who have not won shall not receive any notification.
ESPRIT will publish the names of all winners (regardless of whether they have replied or not), together with the winning photos, on the web page of ESPRIT.com as well as on Facebook, Instagram, Pinterest, YouTube, Google+, Twitter and Snapchat by the end of August 2017. Each participant expressly declares his or her consent to this form of publication.
A participant in the competition can participate several times during the participation period - in this case, however, with different photos - in the photo competition.
In no case will a cash payment be made for winnings.
Claims to the prize can not be transferred.
Employees of ESPRIT, of companies associated with ESPRIT and of companies which provide services to ESPRIT for the purpose of this campaign - as well as their family members - are not excluded from participation in the photo competition. ESPRIT ensures that the selection of the winners does only follow the criteria as set out in section 6.4. The fact that an employee of ESPRIT, affiliated companies of ESPRIT or third party companies who work for ESPRIT takes part in the competition is no criteria for the winner’s selection.
Effective immediately, the following persons are excluded: (i) persons who provide false personal data, (ii) persons who manipulate, abuse or otherwise misuse the electronic facilities created for the photo competition and (iii) persons who create, upload and disseminate contents that have not been approved by ESPRIT and are further described in Section 3.1. and 3.1.1.
Remote participants whose place of residence is not in one of the countries specified in Section 1.1 are also excluded.
ESPRIT has the right to cancel the photo competition prematurely at any time during the running of the competition without advance notice and without indication of the reasons for such cancellation. This applies in particular and to the extent that such cancellation has become necessary for organizational or technical reasons (e.g. viruses in the computer system, manipulation or errors in the hardware and/or software) or is necessary for legal reasons in one or more countries.
ESPRIT is liable only for damages caused by ESPRIT, or one of its vicarious agents, deliberately or through gross negligence or by the breach of cardinal obligations. This limitation does not apply to damages that occur through injury to life, body and/or health. ESPRIT is expressly not liable for the photos uploaded by users.
The foregoing limitation of liability applies in particular to damages caused by errors, delays or interruptions in the transmission of data or similar, malfunctions of the technical equipment or service, incorrect content, loss or deletion of data, or viruses or to damages caused in a similar manner.
The user/participant is required to compensate ESPRIT, the involved partners/sponsors as well as all their respective parent companies/subsidies and sister companies, and their workers and employees, for all damages, claims, costs and fees for legal counsel which are caused by or on the basis of the user/participant's sharing a photo that does not correspond to these terms and conditions of use and participation including uploading a photo which infringes the rights of a third party.
8. Concluding provisions
Complaints referring to the use of the Selfie Tool and/or the carrying out of the photo competition are to be addressed in writing to ESPRIT within 14 days after the reason becomes known. Late complaints or those communicated by telephone will not be processed.
Legal action concerning the implementation of the selection of winners and their results is excluded.
Use of the Selfie Tool as well as the photo competition are subject exclusively to the laws of the Federal Republic of Germany, independently of the location from which a participant takes part in the competition. The mandatory consumer protection laws in effect at the participant's place of residence are excluded from this provision.
If individual provisions should be non-valid or become non-valid, this shall not affect the validity of the remaining provisions.