EXCEPT FOR ANY COST ASSOCIATED WITH WECHAT VERIFICATION FOR A DEVELOPER ACCOUNT, THERE IS NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS CHALLENGE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
WINNER MAY BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE DOCUMENTS AND RETURN THEM WITHIN TEN (10) DAYS FROM THE DATE OF ISSUANCE OF NOTIFICATION (OR OTHER SPECIFIED TIMEFRAME IN NOTIFICATION) OR PRIZE MAY BE FORFEITED (IN SPONSOR’S SOLE DISCRETION), AS MORE FULLY DETAILED BELOW.
INTERNET ACCESS, A VALID WeChat ACCOUNT, AND A VALID EMAIL ADDRESS ARE REQUIRED.
BY ENTERING THIS CHALLENGE, PARTICIPANT (DEFINED BELOW) AGREES THAT ITS MINI PROGRAM (DEFINED BELOW) WILL BE MADE AVAILABLE TO SPONSOR, ADMINISTRATOR, AND JUDGES FOR USE FREE-OF-CHARGE THROUGHOUT THE CHALLENGE PERIOD, JUDGING PROCESS, AND WINNER VERIFICATION, AS DESCRIBED IN MORE DETAIL BELOW. PARTICIPANT MUST HAVE A VALID WECHAT DEVELOPER ACCOUNT AND COMPLY WITH THE TERMS OF WECHAT OPEN PLATFORM AND WECHAT MINI PROGRAM PLATFORM SERVICE PROVISIONS TO ENTER.
BY ENTERING THIS CHALLENGE, PARTICIPANT AGREES TO THESE TERMS AND CONDITIONS (“TERMS”), WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM THE PARTICIPANT (i.e., A REQUIREMENT THAT THE PARTICIPANT DEFEND AND/OR REIMBURSE SPONSOR FROM/FOR CERTAIN LOSSES) AND A LIMITATION OF PARTICIPANT’S RIGHTS AND REMEDIES.
Table of Contents
2. THE OBJECTIVE OF THE CHALLENGE:
3. REGISTRATION PROCESS AND IMPORTANT DATES:
4. WINNER SELECTION/NOTIFICATION:
7. HOW TO ENTER:
8. ENTRY REQUIREMENTS:
12. LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES:
13. ADDITIONAL DISCLAIMERS:
14. GENERAL RULES:
15. DISPUTES/GOVERNING LAW:
WeChat Developer Challenge, Berlin (“Challenge”) is sponsored by WeChat International Pte. Ltd., a Singapore corporation with a place of business at 10 Anson Road, #21-07 International Plaza, Singapore 079903 (“Sponsor”).
The Challenge is being organized and administered on behalf of Sponsor by TechCrunch, Oath Inc, a US company whose registered office is located 770 Broadway, New York, NY 10003 (“Administrator”). Administrator may affect some of Sponsor’s functions and responsibilities set forth below, in addition to such functions and responsibilities set aside for Administrator.
2.THE OBJECTIVE OF THE CHALLENGE:
The aim of the Challenge is to design and over a limited amount of time, an innovative solution around the following topics: “Mini programs providing services to Chinese tourists”.
Some companies invited by Sponsor, hereafter referred to as “WeChat Partners”, may propose specific challenges related to the topic.
Each Participant will choose to work on one of the “sub-topics” proposed by WeChat Partners.
Business and technical experts, employees of WeChat or WeChat Partners, referred hereafter as “Mentors” will support the Participants in their work to design the best solution to the challenge(s).
Participants will be composed of developers, code houses and startup companies, with expertise and /or assets that can be used to design and build a solution to one (or several) specific challenge(s).
The Mini Program and related content and information submitted through the Platform (as defined below) in accordance with these Terms, all instructions on the Platform, and instructions of Sponsor and Administrator, and actually received by Sponsor and Administrator, are referred to in these terms as an “Entry.”
3.REGISTRATION PROCESS AND IMPORTANT DATES:
The registration for the Challenge is open from September 20th to October 21st, 2019. The onsite event will take place on December 11th, 2019 at 8 a.m. at TechCrunch Disrupt Berlin
Only one registration per Participant is allowed during the entire duration of the Challenge. All Participants are responsible for their team members’ VISA application for attending the on-site event.
Phase 1: Challenge application process
• Date: Between September 20th to October 21st, 2019
• Object 1: Every team wishing to participate will register online on the dedicated website for the Challenge accessible at the following address: https://www.wechatdeveloperchallenge.com/ Registrants must provide the following information: last name, first name, company details, address, phone number, an email address that HAS NOT been associated with any WeChat accounts and their basic profile for the purpose of the Challenge, as suggested on the website, and other information required for the completion of their application.
• Deliverable: complete Challenge application
Each candidate guarantees that the information entered during his/her application to the Challenge is complete and accurate. Any false, incorrect or incomplete information will automatically result in the application being rejected. The Organizer reserves the discretionary right to reject any application at any time, especially if the profile of the Participant does not comply with the Challenge standards.
Phase 2: Mini Program Registration and “Virtual Development Phase”
• Date: Between October 10th to November 15th, 2019
• Object 1: Selected teams will register a new WeChat Mini Program and begin developing the Mini Program for the challenge.
• Registration website: https://mp.weixin.qq.com/?lang=en_US&token=/
• Further instruction regarding the registration process can be found: https://drive.google.com/open?id=1xl4eFnE6zl3t5shS3Laqo0MxwPicz4E_
• Object 2: Each selected team will be invited to attend Webinars hosted by WeChat Partners, who will provide extra briefing and answer questions regarding their challenges by Participants. Participants who missed the live Webinars will be able to watch the recordings before they choose the challenge topic to work on.
• Object 3: Selected teams will be given a Project Form to fill in team project information related to the challenge. Information requested includes but not limited to the email address used to register THE Mini Program and APPID of THE Mini Program. Please finish registering the challenge Mini Program before proceeding with the Project Form.
• Deliverables: 1) WeChat Mini Program Registration; 2) Attend Webinar (From October 14th); 3) Complete Project Form (October 18th to 31st); 4)MVP (Minimum Viable Product of the Mini Program)
Mini Programs registered before September 2019 will not be admitted.
Phase 3: Selection of the finalists
• Date: Between November 15th to November 18th, 2019
• Object 1: Teams will be provided with a list of judges before this date to add to the Mini Programs’ test list. Added judges will be able to view the Mini Programs and finalists will be selected.
• Deliverables：1) Add the judges to Mini Program’s test list. 2) MVP (Minimum Viable Product of the Mini Program)
Phase 4: Onsite Preparation
• Date: Between November 18th to December 10th, 2019
• Object 1: Top 30 teams will be announced to join the Onsite Event.
• Object 2: Selected Participants will prepare a 33” by 80’ retractable pop-up banner for high-level summary of their product or solution,
• Object 3: Each team will prepare and submit a PowerPoint presentation by December 1st, 2019
• Object 4: Each team will prepare their own travel documents, including but not limited to air transportation, VISA application, and hotel accommodations, and come with their teams of two (2) to four (4) Participants to present their WeChat Mini Program product or solution on site (hereafter referred to as “Teams”).
• Object 5: Top 30 Teams may continue with further development of their Mini Program for product perfection.
• Deliverables: 1) One retractable pop-up banner (with stands) to be brought on-site; 2) Final presentation to be used on-site, by December 1st, 2019; 3) Travel documentations and other preparations
Phase 5: Onsite Event
• Date 1: From December 11th at 8:00 am
• Place: TechCrunch Disrupt Berlin, Arena Berlin
• Each team will have a dedicated area to place their pull-up banner and showcase their Mini Program to the general audiences and judges. Teams will arrive at 8 a.m. to set up their booths with laptops, retractable banners and other materials brought by the teams
• WeChat Conference: presented by WeChat team and WeChat partners, from 9:30am to 12pm.
• Judge review: from 1pm to 3pm, judges will walk to each team to review team’s solutions.
• 4pm: 6 top teams will be announced and invited to present their solution on stage, 3 top teams will be announced awarded as 1st, 2nd and 3rd places.
• Only the Top 6 teams will be invited to an invite-only workshop with WeChat Product Team on the second day morning.
• Top 3 teams will be invited to present again on the ExtraCrunch Stage on the second day afternoon.
Detailed agendas are subject to change.
Judging will occur in FOUR phases:
Phase 1 – Pre-Selection: Between approximately September 20th, 2019 and October 21st, 2019, panel(s) of judges selected by Sponsor in its sole discretion (collectively “Judges”) will review and score all eligible Teams received during the Challenge Application Period to determine the qualified Teams to participant in the Challenge .
Phase 2 – Selection of Finalists: Between November 15th to November 18th, 2019 (Phase 3), panel(s) of judges will review all the Mini Programs developed during the “Virtual Development Phase” and select the Top 30 teams qualified to participant on-site. All Top 30 Teams will win free tickets of Disrupt Berlin for their two (2) to four (4) Participants.
Phase 3 – Onsite Judging: On December 11th, 2019, a panel of Judges chosen by Sponsor in its sole discretion will review all the Top 30 Teams on-site and select the Top 6 teams (one team per challenge) to present on stage.
Phase 4 – Onsite Final Judging: On December 11th, 2019, a panel of Judges chosen by Sponsor in its sole discretion will listen to the presentations of Top 6 Teams on stage and 3 top teams will be announced and awarded as 1st, 2nd and 3rd places.
During Phase 2 to Phase 4, each eligible Entry will be scored on a scale of one (1) to five (5) by each Judge on each of the following weighted criteria (the “Criteria”):
• Completeness of the Product Development (25%)
• Includes the degree of completion for the Mini Program
• Innovation of the Solution (25%)
• Includes how well the idea was executed by the developer, the extent to which WeChat APIs and tools are leveraged and the extent to which user experience was considered in the design.
• Feasibility of Implementation (25%)
• Includes consideration about how practical the idea it is and thoughtful consideration on physical difficulties and barriers regarding an actual launch or implementation
• Potential Impact on Communities (25%)
• Includes the ability to benefit the communities from the perspective of business value, economic growth and more
All Judges’ decisions are final and binding in all matters relating to this Challenge. Each Participant acknowledges that other Participants may have created ideas and concepts contained in their Entry that may have familiarities or similarities to his/her/their Entry (including, without limitation, a similar Mini Program), and that he/she/it will not be entitled to any compensation or right to negotiate with the Released Parties because of these familiarities or similarities.
The eligible Entries with the highest scores in each category will be selected as a potential winner of the prizes described below. In the event of a tie in the selection of any winner, the tie will be resolved in favor of the Entry with the highest score on the “Potential Impact” Criterion. If there is still a tie, the tie will be resolved in favor of the Entry with the highest score on the “Implementation of the Idea” Criterion. Sponsor reserves the right to contact Participants for verification purposes and administration of the Challenge. Winner will be chosen as specifically described, and not using any random drawing or method incorporating chance.
Each potential individual winner, all natural people who are members of a winning Team (as determined and requested in Sponsor’s sole discretion), and any Participant’s Representative may be required to complete, execute, have notarized (if applicable), and return an Affidavit/Declaration of Eligibility and Liability/Publicity Release (unless prohibited by law), tax documents, and related prize-acceptance documents (collectively, “Winner Documents”) within the time frame specified and in the form provided by Sponsor, without revision, or prize may be forfeited. If any individual Participant, individual member of a Team, or Representative refuses to comply with the foregoing requirements and other requirements of Sponsor, his/her/their Entry may be disqualified at any time in Sponsor’s sole discretion with no liability or responsibility to the respective Participant or any individual within that Participant, even if other Team members have complied with the requirements. The Winner Documents, if applicable, must be received by the Sponsor from the potential winner within ten (10) days of Sponsor sending the documents to the potential winner (or other time frame as stated in the Winner Documents) or prize may be forfeited and an alternate winner selected. If any notification or other Challenge-related communication is returned as undeliverable, or if a selected potential winner cannot be reached or does not respond as instructed after Sponsor has attempted to notify that potential winner, that selected winner may be disqualified and an alternate winner may be selected (time permitting and in Sponsor’s sole discretion). Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any. The prize claim and Winner Documents are subject to verification by Sponsor. All prizes legitimately claimed will be awarded.
Sponsor will not be obligated to pursue more than three (3) alternate winner (time permitting) for the prize for any reason.
Prizes will be payable to the registered entity of each team. It will be the responsibility of the winning Participant’s Representative to allocate the Prize among their members, as the Representative deems appropriate. Prizes are payable by any means of the Sponsor or Administrator's choosing, whether electronic or not, and are payable only after receipt and verification of the Winner Documents and any other required forms. A winning Participant may be required to provide a mailing address, bank information, and/or create an account with an electronic payment provider of the Sponsor or Administrator’s choosing in order to receive payment.
To the fullest extent allowable under applicable law, all taxes (including, without limitation, national, federal, state, provincial, territorial, prefectural, and/or local taxes), as well as any expenses arising from acceptance or use of the prize and not specified in these Terms as being provided as part of the prize, are the sole responsibility of the winner. Winners may be required to provide certain information to facilitate receipt of the award, including completing and submitting any tax or other forms necessary for compliance with applicable withholding and reporting requirements. United States residents are required to provide a completed form W-9 and residents of other countries are required to provide a completed W-8BEN form. Winners are also responsible for complying with foreign exchange and banking regulations in their respective jurisdictions and reporting the receipt of the Prize to relevant government departments/agencies, if necessary. The Sponsor, Administrator, and/or Prize provider reserve the right to withhold a portion of the prize amount to comply with the tax laws of the United States or those of a winner’s jurisdiction.
Participants may enter the Challenge by creating and submitting a Mini Program through the Platform (terms as defined in the "How to Enter" section below) during the Submission Period. As set forth in more detail below, the Mini Program must be functioning on WeChat that integrates and helps to create value for users and communities.
Entries received in accordance with these Terms will be evaluated by a panel of Sponsor-selected Judges (defined below), all in accordance with the judging procedures detailed under the “Winner Selection” section, below. By entering this Challenge, Participant agrees that the name of Participant’s Mini Program, Participant’s biographical information, and other content provided by Participant may be publicly announced, including, without limitation, online. THE PRIZE IN THIS CHALLENGE WILL BE AWARDED TO THE PARTICIPANT IDENTIFIED IN THE ENTRY (DEFINED BELOW) (WHETHER AN INDIVIDUAL, TEAM, OR ORGANIZATION).
For the purposes of this Challenge, the “Territory” means any country, state, or province where the laws of the United States or local law does not prohibit participating or receiving a prize in the Challenge and excludes Quebec, Crimea, Cuba, Sudan, Iran, North Korea, Syria and any other country designated by the United States Treasury's Office of Foreign Assets Control.
This Challenge is open only to the following:
Entities and organizations that are, as of the date of entry and through the time of prize fulfillment, legally formed or recognized by a jurisdiction within the Territory and have a principal place of business in the Territory (any and each, an “Organization”)
Each individual, company or other organization that enters or takes steps to participate in this Challenge is referred to in these Terms as a “Participant.”)
In addition to and without limiting any of the above, each Participant and any Representative (defined below) of a Participant must be a user of WeChat in good standing at the time of entry and throughout the award of the prizes in this Challenge.
Participant (including each member of a Team) must not be under any legal or contractual obligation that would prohibit its participation in this Challenge as described in these Terms. If participating in this Challenge would result in a violation by Participant of any law applicable to it or any agreement to which it is a party, such Participant is ineligible.
Participation in this Challenge constitutes Participant’s full and unconditional agreement to and acceptance of these Terms and the decisions of Sponsor, which are final and binding in all matters. Any natural person completing any portion of the entry process described in these Terms on behalf of a Participant must be authorized to legally bind that Participant all members thereof.
If a Participant is made up of more than one individual, the members of the Participant must appoint and authorize one individual (the “Representative”) to represent, act, and enter, on their behalf. The Representative must meet the eligibility requirements above. By entering on behalf of a Participant you represent and warrant that you are the Representative authorized to act on behalf of your Participant team or organization.
7. HOW TO ENTER:
To enter the Challenge, eligible Participants must prepare and submit a Mini Program to Sponsor during the Submission Period through the platform located at https://mp.weixin.qq.com/ (“Platform”), by following the Platform’s on-screen instructions and supplying all required information. To enter the Challenge, Participants must do the following, without limitation:
• Apply for the Challenge on the Challenge Website by clicking the “Register for this Challenge” button. To complete registration, sign up to create a WeChat account. There is no charge for creating a WeChat account. This will enable you to scan the WeChat Mini Program QR code and finish the registration process in the Mini Program.
• Provide a main point of contact for the team, including name, email and mobile number
• Provide a name and website for the start up, company or entity applying for the competition
• Provide details of the team and company size and location
• Select which partner challenge the team will be working on
• A URL, installation files, or other testing instructions that provide access to the working version of the Participant’s Mini Program (see below for additional details on testing);
• What WeChat developer tools you used
At any time, and at its sole discretion, the Sponsor will have the ability to re-assign an Entry from one prize category to another.
A Participant’s Mini Program, and any other text, video, images, code, software, or other content that a Participant submits to Sponsor and Administrator as part of this Challenge is referred to collectively as the Participant’s “Participant Content”. All Participant Content submitted in this Challenge must comply fully with the “Entry Requirements” section of these Terms below.
Entries must be submitted and received by Sponsor and Administrator during the Submission Period and in strict accordance with these Terms. Administrator’s clock will be the official timekeeper for this Challenge. For purposes of this Challenge, only complete Entries that are actually received by Sponsor and Administrator through the Platform and during the Submission Period will be considered. Other proof of submitting or attempting to submit an Entry (such as, without limitation, printed, saved or copied automated receipt confirming entry, a “Thanks for submitting” email) does not constitute proof of actual receipt of the Entry for purposes of this Challenge. Those who do not abide by these Terms and the instructions of Sponsor and Administrator and provide all required Participant Content may, in Sponsor and or Administrator’s discretion, be disqualified. Entries or participation may not be acknowledged and will not be returned. Entries (or participation that does not qualify as an “Entry”) that are incomplete, lost, late, misdirected, mutilated, fraudulent, illegitimate, incomprehensible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. Entries or participation made on behalf of a Participant by a third party not affiliated or associated with that Participant (as determined by Sponsor in its sole discretion) or originating through any commercial promotion subscription, notification, or entering services will be declared invalid and disqualified for this Challenge. No Released Party will have any responsibility or liability for any dispute regarding any Participant, including the identity of any individual who is part of a Participant, the composition or members of a Participant, or the distribution of any prize won among members of a Participant. In the event that any dispute regarding an Entry or Participant (including those regarding the identity or members of a Participant Team or any Participant’s rights in a Mini Program) cannot be resolved to Sponsor’s satisfaction, the Entry will be deemed ineligible and the Participant disqualified. As a condition of entering the Challenge, without limiting any other provision in these Terms, each Participant gives consent for Sponsor and its agents to obtain and deliver his/her/their name, address and other information and Entry to third parties for the purpose of administering this Challenge and complying with applicable laws, regulations, and rules. ENTRIES MAY NOT BE ACKNOWLEDGED, WILL NOT BE RETURNED AND, IN FACT, MAY BE DESTROYED. KEEP A COPY OR THE ORIGINAL OF EACH ELEMENT OF THE ENTRY. ANY ENTRY THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE TERMS MAY, IN SPONSOR OR ADMINISTRATOR’S DISCRETION, BE DEEMED INELIGIBLE.
8. ENTRY REQUIREMENTS:
Participant Content must meet all of the following requirements, as determined in Sponsor or Administrator’s discretion, or the associated Entry may be disqualified:
Functionality: The Mini Program must be capable of being successfully installed and running consistently on the platform for which it is intended and must function as depicted in the Participant Content.
Platforms: WeChat Mini Program Platform: https://mp.weixin.qq.com
Each Participant must comply with all terms and conditions applicable for the platform in connection with or on which its Mini Program operates. Each Participant must also at all times comply with all terms and policies applicable to his/her/its use of WeChat, including, without limitation, WeChat-Terms of Service currently located at: (https://www.wechat.com/en/service_terms.html), and WeChat Mini Program Platform Service Provisions currently located at: (https://open.wechat.com/cgi-bin/newreadtemplate?t=overseas_open/docs/mini-programs/operations/service-agreement).
New: Mini Programs must either (a) be newly created by the Participant during the Challenge Period or (b) if the Mini Program existed prior to the Challenge Period, must (i) have been previously created by the Participant and (ii) during the Challenge Period the Participant must have integrated new WeChat tools or API into the Mini Program or materially deepened an existing integration (as determined by the Sponsor and Administrator in their sole discretion).
Testing: The Participant must make the Mini Program available free of charge and without any restriction, for testing, evaluation and use by the Sponsor, Administrator and the Judges (defined below) from the time of entry throughout the Challenge Period, the judging process, and until all winners are verified.
If the Mini Program includes software that runs on proprietary or third party hardware that is not widely available to the public, including software running on devices or wearable technology other than smartphones, tablets, or desktop computers, the Sponsor and/or Administrator reserve the right, at their sole discretion, to require the Participant to provide physical access to the Mini Program hardware upon request. Mini Programs may integrate SDKs, APIs and data, provided the Participant is authorized to use them.
Public Distribution: The Participant may make the Mini Program available to the public on WeChat, but is not required to do so.
Multiple Submissions: A Participant may submit more than one Entry, however, the Mini Program that is the subject of each Entry must be unique and substantially different from each of the Participant’s other Entries, as determined by the Sponsor and/or Administrator.
Intellectual Property: All aspects of the Participant Content must be solely owned by or licensed to the Participant or in the public domain. All third-party content not owned by or licensed to the Participant is prohibited, unless such content is in the public domain. Sponsor may request written proof of ownership of or adequate license to Participant of any Participant Content. Failure to timely provide adequate proof of ownership or sufficient license rights in any content included in the Participant Content (as determined by Sponsor in its sole discretion) may result in the Participant being disqualified and related Entry deemed void.
Financial or Preferential Support: A Mini Program must not have been developed, or derived from a Mini Program developed, with financial or preferential support from the Sponsor or Administrator. Such Mini Programs include, but are not limited to, those that received funding or investment for their development, were developed under contract, or received a commercial license, from the Sponsor or Administrator any time prior to the end of Challenge Period. The Sponsor, at its sole discretion, may disqualify an Entry, if awarding a prize to the Entry would create a real or apparent conflict of interest.
Text Description: The text description should explain the features and functionality of your Mini Program.
Images: If a Participant elects to submit images as part of his/her/its submission, the image(s) should be photographs or screenshots of Participant’s working Mini Program.
Video: If a Participant elects to submit videos as part of his/her/its submission:
• should be less than approximately two (2) minutes long;
• should include footage that clearly explains the Mini Program’s features and functionality through a comprehensive demonstration;
• must be uploaded to YouTube, Vimeo, or Youku, and a link to the video must be provided on the submission form on the Platform;
• must be publicly viewable on YouTube, Vimeo, or Youku and must remain so throughout the Challenge Period, judging process, and confirmation of winners in this Challenge; and
• should not include third party trademarks, copyrighted music, or other material unless the Participant has permission to use such material.
• should not include third party trademarks, copyrighted music, or other material unless the Participant has permission to use such material.
All Participant Content in the Mini Program must be bilingual in both Chinese and English. PowerPoint presentation should be in English.
If any part of a Participant's Participant Content depicts, identifies, or includes any person that is not a Participant him or herself or, Participant must have all permissions and rights from the individual depicted, identified, or included (and, if such individual is a minor, his/her parent or legal guardian) and agrees to provide Sponsor with written confirmation of those permissions and rights upon request.
Participant Content must not create or imply any association between Sponsor and any individual or entity or his, her, its or their products or services, including the Participant. Participant Content must not contain any recognizable third-party trademarks (including logos), trade dress, or other brand elements unless Participant has written permission from the rights owner to include such trademarks, dress, or brand elements.
Participant Content must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright (including moral rights), trademark, trade secret, or rights of privacy or publicity.
Participant Content must not include information or content that is false, fraudulent, deceptive, misleading, defamatory, libelous (including trade libel), disparaging, harassing, threatening, profane, obscene, pornographic or otherwise adult-oriented, hateful, indecent, inappropriate, or injurious to any Released Party or any other party.
Participant Content must not contain or describe any harmful or illegal activity or content or in any way violate any federal, state, or local laws, rules, or regulations, and must be suitable for presentation in a public forum.
Participant agrees that his, her, or their participation in the Challenge and agreement to these Terms and any Released Party’s reproduction, display, and use of the Participant Content in accordance with these Terms will not violate any agreement to which Participant is a signatory or party.
Participant agrees to indemnify the Released Parties against any and all claims from any third party for any use or reuse by any Released Party of the Participant Content authorized under these Terms.
Sponsor reserves the right in its sole discretion to disqualify from the Challenge any Participant whose Entry (in its sole discretion) refers, depicts, or in any way reflects negatively upon a Released Party, the Challenge, or any other person or entity or does not comply with these Terms, including any of the above Submission Requirements.
Sponsor is not responsible for any inability or unwillingness of any winning Participant to accept or use the prize (or portion thereof) for any reason. Prize elements delivered by mail will only be mailed to the winning Participant’s address within the Territory. Prize details not specifically stated in these Terms will be determined in Sponsor’s sole discretion. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prize or prize element or any prize that is undeliverable or does not reach a winner because of incorrect or changed contact information. If a winner does not accept or use the entire prize for any reason, the unaccepted or unused part of the prize will be forfeited, and the Sponsor will have no further obligation with respect to that prize or portion of the prize. No transfers, prize substitutions, or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute any stated prize or any component thereof with another prize or component of equal or greater value for any reason. Sponsor has no obligation to award more than the stated prizes. Sponsor, in its sole discretion, may elect to award additional prizes to selected Participants, provided that the Sponsor will at no point have any obligation to do so. Participants waive the right to assert as a cost of winning the prize, any and all costs of verification and redemption and any liability and publicity that might arise from claiming or seeking to claim said prize.
By entering, except where prohibited by law, each Participant grants to the Released Parties (and their agents, successors, and assigns) the irrevocable, transferable, sublicensable, absolute right and permission to use, edit, modify, copy, reproduce, and distribute the Mini Program (including the Mini Program and the Mini Program name) and any other Participant Content that comprises the Participant’s Entry in perpetuity and in any medium (including online and in digital media) in any language, throughout the world, for the purposes of evaluating Entries, and administering and marketing this Challenge. Each Participant further grants to the Released Parties (and their agents, successors, and assigns) a non-exclusive, irrevocable, worldwide, transferable and sublicensable right and license to use his, her, or their (and his/her/their Mini Program’s) trade names and trademarks (including logos) in connection with this Challenge.
Each entrant hereby acknowledges and agrees that the relationship between the Participant and each of the Released Parties is not confidential, fiduciary, or other special relationship, and that the Participant’s decision to submit his/her/their Entry for purposes of the Challenge does not place any of the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the Entry (including, without limitation, the Mini Program), other than as set forth in these Terms. Each Participant understands and acknowledges that the Released Parties have wide access to ideas, text, images, code, Mini Programs, software, and other creative materials. Each Participant also acknowledges that many ideas for Mini Programs and online services may be competitive with, similar to, or identical to his/her/their Mini Program and/or each other in idea, function, components, format, or other respects. Each Participant acknowledges and agrees that such Participant will not be entitled to any compensation as a result of any Released Party’s use of any such similar or identical material that has or may come to such Released Party from other sources. Each Participant acknowledges and agrees that Sponsor does not now and will not have in the future any duty or liability (direct or indirect; vicarious, contributory, or otherwise) with respect to the infringement or protection of the Participant’s patent, copyright or other proprietary rights in and to his/her/their Entry, including the Mini Program contained or described therein. Each Participant acknowledges that, with respect to any claim by Participant relating to or arising out of a Released Party’s actual or alleged exploitation or use of any Entry or other material submitted in connection with the Challenge, the damage, if any, thereby caused to the applicable Participant will not be irreparable or otherwise sufficient to entitle such Participant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Released Party bot, Mini Program, service or other property, and Participant’s rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law.
12. LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES:
NOTHING IN THESE TERMS LIMITS, EXCLUDES, OR MODIFIES OR PURPORTS TO LIMIT, EXCLUDE, OR MODIFY ANY STATUTORY CONSUMER GUARANTEE OR ANY IMPLIED CONDITION OR WARRANTY, THE EXCLUSION OF WHICH FROM THESE TERMS WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE TERMS TO BE VOID (“NON-EXCLUDABLE GUARANTEES”). SUBJECT TO THE LIMITATIONS IN THE PRECEDING SENTENCE AND TO THE MAXIMUM EXTENT PERMITTED BY ANY MANDATORY PROVISIONS OF APPLICABLE LAW, THE RELEASED PARTIES EXCLUDE FROM THESE TERMS ALL CONDITIONS, WARRANTIES, AND TERMS IMPLIED BY STATUTE, GENERAL LAW, OR CUSTOM, EXCEPT FOR LIABILITY IN RELATION TO A NON-EXCLUDABLE GUARANTEE. SUBJECT TO ANY NON-EXCLUDABLE GUARANTEES, EACH PARTICIPANT AGREES TO RELEASE, HOLD HARMLESS, AND INDEMNIFY (I.E., DEFEND AND/OR REIMBURSE) THE RELEASED PARTIES FROM ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE, OR AWARDING OF A PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY CHALLENGE- OR PRIZE-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY (HOWEVER (BUT ONLY IF REQUIRED BY LAW IN YOUR JURISDICTION), THIS RELEASE, HOLD HARMLESS, AND INDEMNIFICATION COMMITMENT DOES NOT APPLY TO CASES OF BODILY INJURY OR LOSS OF LIFE OR TO THE EXTENT THAT ANY DEATH OR PERSONAL INJURY IS CAUSED BY THE NEGLIGENCE OF SPONSOR OR OTHER THIRD PARTY, WHERE LIABILITY TO THE INJURED PARTY CANNOT BE EXCLUDED BY LAW). EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE (EXPRESS OR IMPLIED, IN FACT OR IN LAW), WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, BEYOND ANY NON-EXCLUDABLE GUARANTEES.
13. ADDITIONAL DISCLAIMERS:
The Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the Participant (or a member of any Participant Team), or by human error (except to the extent that any of the following occur for reasons within Sponsor’s reasonable control, if applicable law in your jurisdiction of residence dictates that liability to the injured party in such a case cannot be excluded by law): Entries made by illegitimate means (such as, without limitation, by an automated computer program); any lost, late, postage-due, incomplete, illegible, incomprehensible, mutilated, or misdirected email, mail, Messenger message, or Challenge-related correspondence or materials; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable telephonic, cellular, cable, or satellite systems; errors, typos or misprints in these Terms, in any Challenge-related advertisements, or other materials; failures of electronic equipment, computer hardware, or software; lost or unavailable network connections or any failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications; technical or human error which may occur in the administration of the Challenge or the processing of Entries; or any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Participant’s participation in the Challenge or receipt or use of any prize. Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or for insufficient space in a person’s email account, voicemail inbox or Messenger message account, to receive, email, voice messages or Messenger messages. Released Parties are not liable to and may disqualify any Participant whose Video is removed from a video hosting service for any reason prior to confirmation of the winners in this Challenge, including, without limitation, as a result of being flagged as inappropriate. Released Parties are not responsible, and may disqualify an Participant, if any contact information provided by the Participant does not work or is changed without giving prior written notice to Sponsor. Without limiting any other provision in these Terms, the Released Parties are not responsible or liable to any Participant or winner (or any person claiming through such Participant or winner) for failure to supply a prize or any part thereof in the event that any of the Challenge activities or Released Parties’ operations or activities are affected by any cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.
14. GENERAL RULES:
By entering this Challenge (except where prohibited by law), each natural person agreeing to these Terms as part of an Entry (as the Participant or on behalf of the Participant) grants the Released Parties the irrevocable, sublicensable, free-of-charge, absolute right and permission to use, publish, post or display his or her name, photograph, likeness, voice, biographical information, any quotes attributable to him or her, and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her, anywhere worldwide, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet) without any limitation of time and without notice, review or approval, and each such person releases all Released Parties from any and all liability related to such authorized uses. Nothing contained in these Terms obligates Sponsor to make use of any of the rights granted herein and each natural person granting publicity rights under this provision waives any right to inspect or approve any such use.
Sponsor’s decisions will be final in all matters relating to this Challenge, including interpretation of these Terms, selection of the winner, and awarding of the prize. All Participants, as a condition of entry, agree to be bound by these Terms and the decisions of Sponsor. Failure to comply with these Terms may result in disqualification from the Challenge. Participants further agree to not damage or cause interruption of the Challenge and/or prevent others from participating in the Challenge. Sponsor reserves the right to restrict or void participation from any WeChat account, IP address, email address or domain, or device if any suspicious Entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void Entries or other participation by any person or entity who Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of this Challenge. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Challenge-related materials and these Terms (including any alleged discrepancy or inconsistency within these Terms), it will be resolved by Sponsor in its sole discretion. Participants waive any right to claim ambiguity in the Challenge or these Terms. If Sponsor determines (at any time and in its sole discretion) that any winner or potential winner is disqualified, ineligible, in violation of these Terms, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, or harass any other person or entity, Sponsor reserves the right to disqualify such winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. Sponsor’s failure to or decision not to enforce any provision in these Terms will not constitute a waiver of that or any other provision. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If the Challenge is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Challenge and award the prize based on eligible Entries received prior to cancellation, modification, or suspension, if any, or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, participates or submits Entries by fraudulent means, or is otherwise determined to be in violation of these Terms in an attempt to obtain a prize, Sponsor may disqualify that person (and any Participant on behalf of which such person participated in the Challenge) and seek damages from him or her and that person may be prosecuted to the full extent of the law. If any dispute regarding an Entry cannot be resolved to Sponsor’s satisfaction, such Entry will be deemed ineligible. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
15. DISPUTES/GOVERNING LAW:
Except where prohibited by law, any and all disputes, claims, and causes of action between a Participant and any Released Party arising out of or connected with this Challenge, the determination of any winner, or any prize awarded must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will a Participant be permitted or entitled to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than the Participant’s actual out-of-pocket expenses (if any), not to exceed ten dollars ($10 USD), and each Participant further waives all rights to have damages multiplied or increased.
This Challenge and any dispute arising under or related thereto (whether for breach of contract, tortious conduct, or otherwise) will be interpreted, construed, and enforced in all respects in accordance with the laws of the Hong Kong Special Administrative Region without reference to its choice of law rules and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods. Except for the right of either party to apply to any court of competent jurisdiction for a temporary restraining order, a preliminary injunction, or other equitable relief to preserve the status quo or prevent irreparable harm, any dispute as to the interpretation, enforcement, breach, or termination of this Agreement will be settled by binding arbitration
The waiver by any party of any breach of any provision of these Terms does not waive any other breach. The failure of any party to insist on strict performance of any covenant or obligation in accordance with these Terms will not be a waiver of such party’s right to demand strict compliance in the future, nor will the same be construed as a novation of these Terms.