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Terms and conditions
for the #NEObiebermix promotion
Please read these terms and conditions (Terms) carefully. The Terms contain important information. By participating in this promotion, each participant declares to agree to the applicability of the Terms.
1. The Terms apply to the #NEObiebermix (Promotion) by adidas International Marketing B.V. (Promoter), located at Hoogoorddreef 9a, 1101 BW Amsterdam, the Netherlands.
1. These Terms are available at the following website: http://www.global.adidas.com/NEObiebermix/tnc-NEObiebermix,en_NG,pg.html. Please print and retain a copy of these Terms for your records.
2. The Promotion is open to all individuals who have reached the age of 16, with the exception of the persons mentioned in clause 4 hereof. Individuals of younger than 18 years old can only participate after consent of their parent(s), guardian or legal representative. Promoter may request written proof of such consent. Individuals of 15 years or younger are under all circumstances excluded from participation.
3. Participation is excluded for (a) employees of Promoter or its agents and their first and second degree family members, as well as (b) anyone else who is directly or indirectly professionally connected with the Promotion and their family members.
4. The Promotion will open on 19/03/14 at 12:00 GMT and close on 02/04/14 at 23:59 GMT (Promotional Period). All entries received after lapse of the Promotional Period are excluded from participation and will not be taken into consideration.
5. Participating in the Promotion takes place by:
a. visiting the #NEObiebermix website at adidas.com/neobiebermix (Website) during the Promotional Period; and
b. signing up for an adidas.com account; and
c. entering the requested personal data (First Name, Surname, Email address, Date of Birth, Twitter username, country); and
d. submitting 60 second video entry comprised of pre-recorded video content into the #NEObiebermix competition hosted by WeVideo; and
e. accepting and adhering to these Terms unconditionally; and
f. accepting and adhereing to the WeVideo Terms appended below; and
6. No other means for entries will be accepted than set out in clause 6. Incomplete entries are not valid and will not be accepted.
7. Participants will be able to enter multiple submissions to the competition.
8. The Promotion is a promotion without a purchase obligation.
General rules of behaviour
9. Participants may not use the Promotion for the expression of political or religious ideas.
10. Promoter has the right to refuse any entry which contains material which is offensive, insulting, injurious, obscene, offending, vindictive, indecent, perverted, immoral, aggressive, sexually oriented, racist, derisive, slanderous, discriminatory, or in any other way not in line with good taste and decency, or which Promoter deems in its sole discretion to be otherwise unacceptable.
11. Entrees may not conflict with applicable law or regulations, the rights of third parties, nor may they incite, advocate or express pornography, obscenity, vulgarity, hatred, bigotry, racism or gratuitous violence.
12. Entrees may not in any way harm Promoter, its affiliates, its agents and/or the brand of adidas (or any other brand of Promoter).
13. Participants may not upload, post, email or otherwise make available any material that contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the use of any software or devices on the Website.
14. Participants cannot derive any rights from their participation and have no right to any payment or other compensation for their entry or their participation.
15. Promoter retains the right to exclude participants from participating in the Promotion and to delete entrees from the Website, if these are not in line with these rules of behaviour or are otherwise in conflict with the Terms.
Intellectual property rights
16. By entering into this Promotion, participant agrees that the following intellectual property rights in and to materials included in any entry (even if not selected as the winning entry) shall belong exclusively to Promoter to the extent permitted by law:
a. the right to publish, copy and making the material accessible to public
b. the right to modify the material in order to publish, copy or making it accessible to the public.
Participant agrees to assign, or to procure the assignment, to Promoter of all such right, title and interest in and to such intellectual property rights. Participant further agrees to execute, or procure the execution of, such documents and do, and procure the doing of, all such acts or things as are required for the purpose of giving effect to this assignment.
17. Without the generality of clause 17, participant acknowledges and agrees that Promoter (or any other company designated by Promoter) may use, reproduce, adapt, translate, digitise, publish, revise, disclose, modify, transfer or otherwise exploit entries (but is under no obligations to do so) at any time on and in relation to any adidas product or otherwise.
18. Participants are not entitled to any compensation in return for the assignment of rights pursuant to clause 17 or for any use of an entry pursuant to clause 18.
19. By participating in the Promotion, participant agrees to Promoter using free of charge participant’s name, photograph, image, video, voice recording and general location for publicity and news purposes relating to the Promotion and for a duration which is necessary for the organization and publicity of the Promotion. For purposes of this clause, participant agrees that this assignment concerns any support or media whether existing or created in the future, and shall include as a non-limited list of examples: promotional documentation, newspapers, television, magazines, and books (both paper and electronic); Internet (including other websites, web casts, multimedia links and social networks) etc.
20. By entering into this Promotion, participant warrants and represents that all works comprised in participant’s entry are his/her own original work and do not copy, nor incorporate the work of any third party and that use of the entry by Promoter or its affiliates will not infringe third party intellectual property rights. By entering into this Promotion, participant agrees to indemnify and hold harmless Promoter, its affiliates, officers, directors, employees, agents, licensees and customers from and against any claim or demand (including reasonable legal fees) by a third party relating to the use of the entry by Promoter or its affiliates or licensees or arising out of participant’s breach of these Terms.
21. By participating in the Promotion participant shall provide all additional information relating to the entry, if so requested by Promoter.
22. It is prohibited to reproduce or publish anything relating to the Promotion without the prior explicit written consent of Promoter.
23. Promoter is authorised to remove from, shorten or amend entrees in text or image on the Website.
24. The Promotion provides the chance for one winner and for that winner to have their entry used as adidas NEO Label’s official Spring/Summer campaign video.
25. The winner will be selected in by a panel of five adidas NEO employees based on their individual quality, pacing, uniformity and closeness to the adidas NEO Label brand style. Promoter will notify the winner on their Prize by email within one week after the judging.
26. It is the responsibility of the winners to ensure that they are able to accept the Prize and make use of the Prize.
27. No cash alternative to the Prize is available.
28. A Prize cannot be exchanged for another prize. A Prize is personal and non-transferable. The winner agrees not to sell, offer to sell or use the Prize for any commercial or promotional purpose (including placing the Prize on an internet auction site).
29. A Prize is indivisible and can only be accepted as granted.
30. Promoter reserves the right to modify or withdraw a Prize. The alternative prize will be of at least an equivalent or greater value.
31. Prizes that are not redeemed for whatever reason remain the property of Promoter. In case of a rejection of a Prize, the Prize also falls to Promoter.
32. If a winner cannot be contacted or fails to confirm acceptance of the Prize within 7 days of notification or cannot make use of the Prize for any reason, Promoter reserves the right to select an alternative winner and the original winner will forfeit the Prize.
Limitation of liability
33. Promoter is not responsible or liable for costs or expenses of participants in connection with or relating to participating in the Promotion. The costs of the use of internet are for the account of the participants.
34. Promoter is not responsible and excludes any liability for (i) network- (cable, internet or other relevant networks), computer hardware or software disruptions of whatever nature which might lead to a limited, delayed or lost entry, (ii) other problems or calamities, of whatever nature, that are connected with the functioning of the network (cable, internet or other network), the Website, computer hardware or software, and (iii) mistakes in the entering or processing of personal data, except in case of gross negligence or wilful misconduct of Promoter.
35. Promoter is not responsible or liable for any incompatibility between technologies used, in the broadest sense, during the Promotion and the hardware and software configuration used by the participants.
36. To the fullest extent allowed by applicable law, neither Promoter nor any agencies involved in the Promotion are responsible or liable for any loss, damages or injury caused by participation in the Promotion.
37. Where a Prize is delivered to the winner by post, Promoter is not liable for the acts or omissions of any courier or mail delivery.
38. If a Promotion, for whatever reason, progresses differently than foreseen, for instance, in the event that the launch of the Spring/Summer collection is abandoned, postponed, rearranged or curtailed or the Promotion appears to be in conflict with applicable law, Promoter reserves the right to annul, terminate, amend or postpone the Promotion without any liability of Promoter and without a right of compensation for the participants.
39. By participating in the Promotion participants' personal data are processed by Promoter, the controller of the personal data, and also by Promoters’ agency involved in administering the Promotion.
40. Participants' personal data shall be processed for the purpose of participating in the Promotion only and will only be retained as long as necessary for such purpose (i.e. until 3 months after the end of the Promotion). Participants can request access to and/or submit a request for rectification or removal of their personal data. For these purposes participants can contact Promoter at the below address or by e-mailing firstname.lastname@example.org.
Exclusion of participants
41. At all times Promoter reserves the right to exclude participants with invalid or false entries or invalid or false personal information from participation.
42. Promoter reserves the right at its sole discretion to disqualify any individual found to be tampering with the operation of the Promotion, or to be acting in any manner deemed by Promoter to be in violation of these Terms; or to be acting in any manner deemed by Promoter to be disruptive.
43. Promoter is authorized at all times on reasonable grounds to exclude or disqualify participants without a right of recourse against Promoter.
44. Promoter reserves the right to exclude participants in case of (suspicion of) foul play, fraud, or any (other) breach of the Terms without a right of recourse against Promoter. Organised or collective participation of the Promotion shall be regarded as a breach of the Terms.
45. This Promotion is void where the Promotion is prohibited. It is the responsibility of the participants to ensure their legal eligibility to participate.
46. No rights can be derived from the Promotion or its result other than set out in these Terms.
Applicable law / disputes
47. The decision of Promoter is final and binding. No correspondence will be entered into relating to the result of the Promotion.
48. If any clause of these Terms is found by a competent court or other competent authority to be void or unenforceable, that clause shall be deemed to be deleted and the remaining clauses shall continue in full force and effect.
49. The Terms are governed by and construed in all respects in accordance with the laws of Netherlands. Any and all disputes arising out of or in connection with the Terms shall in the first instance be submitted to and settled by the competent courts of Amsterdam, Netherlands, provided that this shall not preclude or prejudice the right of the participant to take any legal proceedings in another court of competent jurisdiction in accordance with applicable mandatory law.
50. Promoter reserves the right at all times to amend the Terms without any liability to the participants or any third party. A revised version of the Terms will be published on the Website.
51. Promoter will execute the Promotion in compliance with applicable law and regulations relating to betting and gambling. Complaints or questions relating to the Terms and the Promotion can be submitted in writing to adidas International Marketing B.V., to the attention of the Legal Department, Hoogoorddreef 9a, 1101 BA, Amsterdam Z-O, the Netherlands.
‘adidas NEO featuring Justin Bieber‘
Revised: January 27, 2014
Use of the adidas NEO featuring Justin Bieber Campaign
Ownership of the videos you create from the material provided on the the adidas NEO featuring Justin Bieber Campaign version of the Site and Services as provided to you on the adidas NEO website shall belong to adidas NEO in accordance with the Campaign Rules.
You acknowledge that WeVideo, and its affiliates or subsidiaries may reproduce, modify, display, perform, distribute, and otherwise use your adidas NEO featuring Justin Bieber edit for purposes of the Campaign without any payment or other consideration to you, except as provided in the Campaign Rules.
Use of the Site and Services
To access the Campaign version of the Site or Services, you must be logged in to your WeVideo account as set out in the Campaign Rules. You are responsible for all activity on the Site and Services associated with your WeVideo account. You are obligated to notify us immediately should you know, or suspect, someone has, or will have, unauthorized access to your WeVideo account.
You agree not to use the Site or Services for any of the following commercial uses: the sale of access to the Site or Services; or the sale of advertising, sponsorships, or promotions placed on or within the Site or Services or the adidas NEO featuring Justin Bieber Campaign.
You shall be assigned one (1) user account for use in the Site.
Should you forget or lose your username or password, you must contact us immediately at email@example.com and follow the instructions we provide. WeVideo reserves the right to refuse continued access to the Services if WeVideo, in it sole discretion, suspects there is a security risk. WeVideo reserves the right to require that you change your username and password at any time.
You are solely responsible for any charges or expenses incurred while accessing and using the Services.
You agree that WeVideo shall have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the Site and Services. User accounts operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, or session time, is prohibited. You acknowledge that WeVideo has the right, in its sole discretion, to terminate your account, limit the number of transmissions you may send or receive through the Site or Services, or limit the amount of storage space, bandwidth, or other resources you may use.
We shall be entitled to add (i) logos or watermarks required by the Client (“Watermark”) in any WeVideo videos submitted to the Campaign (ii) to append an image or video clip provided by the Client at the start and/or end of any WeVideo videos (“Bumpers”) submitted to the Campaign through the Site. You agree not to remove or disable any Watermarks or Bumpers from such WeVideo videos. By embedding a Watermark or Bumper in such WeVideo videos, we are not endorsing, and we assume no liability for, the content of such WeVideo videos or their use.
You agree to obey all applicable laws and regulations and terms and policies in using the Site or Services, and agree that you are responsible for the content of your adidas NEO featuring Justin Bieber Campaign Entry, communications, and other uses of the Site or Services.
You agree that you will not upload, share, or otherwise distribute any adidas NEO featuring Justin Bieber Campaign Entries, including text, graphics, images, video, sounds, data, music, or other information, that:
1. are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or impersonate another person;
2. contain explicit or graphic descriptions, depictions, or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or in any way violate child pornography laws;
3. victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or other protected status;
4. infringe on any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other proprietary right of WeVideo or any third party;
5. constitute unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
6. contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
7. contain measures that could be used to determine the architecture of the Site or Services, or could be used to decompile, disassemble, or reverse engineer the Site or Services.
You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability.
Representations & Warranties
WeVideo's Intellectual Property Rights
WeVideo's trademarks may not be used in connection with any product/service that is not provided by WeVideo, in any manner that is likely to cause confusion among customers or users of the Site or Services, tarnishes or dilutes the marks, or disparages or discredits WeVideo.
Others' Intellectual Property Rights
WeVideo deeply respects the third party intellectual property rights that may be implicated in creating a WeVideo video. These intellectual property rights, and your responsibilities with respect to these rights, are outlined below.
We acknowledge that Client has authorized you to use all the adidas NEO featuring Justin Bieber material made available for purposes of the Campaign.
All trademarks and/or service marks displayed on the Site or Services are the exclusive property of their respective owners, and may not be used without the owner's permission. All page headers, custom graphics, button icons and scripts are service marks, trademarks, or trade dress of the Company or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of WeVideo.
Copyright or Intellectual Property Infringement
Notice of Copyright or Intellectual Property Infringement
Please notify us in writing, by mail to our designated agent listed below, if you believe that a user of the Site or Services has infringed your intellectual property rights. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA").
To be effective the notification should include:
1. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
2. identification of the claimed infringing material and information reasonably sufficient to permit WeVideo to locate the material on the Site or Services;
3. information reasonably sufficient to permit WeVideo to contact you, such as an address, telephone number, and, if available, an e-mail address;
4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
6. your physical or electronic signature.
You acknowledge and agree that upon receipt of any notice of claimed infringement, WeVideo may immediately remove the identified materials from the Site or Services and may disclose the notice to the party that originally posted the materials, without liability.
Counter-Notice by Accused User
If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by mail to our designated agent below. That written communication should include the following:
1. a physical or electronic signature of the user;
2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. a statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. the user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if the user's address is outside of the United States, the Federal District Court for the Northern District of California, and that the user will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
Please send all notices under the above copyright infringement policies by mail to the following individual, designated as WeVideo's agent for receipt of notifications of claimed infringement:
WeVideo, Inc. 480 San Antonio Rd, Suite 210, Mountain View, CA 94040, USA, or email: firstname.lastname@example.org.
Your account will be terminated if, at WeVideo's sole discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.
Disclaimer of Warranties; Limitation of Liability
YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WEVIDEO AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS "AFFILIATES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).
IN PARTICULAR, WEVIDEO AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY ADIDAS NEO FEATURING JUSTIN BIEBER ENTRIES OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES), OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE SITE OR SERVICES. WEVIDEO AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE OR SERVICES.
WEVIDEO AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED OR OFFERED ON OR THROUGH THE SITE OR SERVICES OR ANY LINKED WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEVIDEO OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WEVIDEO NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE OR SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent WeVideo may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of WeVideo's liability will be the minimum permitted under such law.
Termination of Use
We may terminate or suspend your use of this Site or Services at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the Site or Services immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site or Services. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.