Take a Shot! - Terms and Conditions
KATA BAGS "TAKE A SHOT" PROMOTION TERMS AND CONDITIONS
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Participant (as defined below) is submitting itsimages and photographs (the “Submission”) for the benefit of Manfrotto Bags LTD. ("Kata Bags") upon the following terms and conditions (the “Promotion Rules”).
All Participants must strictly comply with these Promotion Rules.
By checking the "I agree" box below and/or by entering the Promotion, you agree to be bound by these Promotion Rules.
1.1. "Kata Bags" - Manfrotto Bags LTD.
1.2. "Kata Bags' Facebook page" - www.facebook.com/katabags
1.3. "Kata Bags' website" –www.kata-bags.com
1.4. "Promotion" means Kata Bags' "Take a Shot" Promotion.
1.5. the "Participant"– any eligible (as defined in section II below) individual who placed a Submission and/or entered the Promotion.
1.6. "Award", "Regular Award" or "Special Award" - as described in section VII below.
2. The Promotion will run on Kata Bags servers, presented through Kata Bags' Facebook page.
3. The Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
4. The Promotion begins [date] at [hour] ET and will conclude at Kata Bags' sole discretion. Kata Bags may terminate the Promotion immediately and at any time, with no further notice.
5. To be eligible to enter a Submission, Participant must be 18 years of age or older at the time of Submission.
6. The Promotion is open to legal residents of all countries excluding any other country where the Promotion and/or Awards are in any way prohibited or restricted by law.
7. Participants must include their full, real names in their Submission.
8. By placing a Submission, the Participant represents and warrants that all the information he/she provides is and shall be accurate, current and complete.
9. Shareholders, directors and employees of Kata Bags and their respective immediate family members and any persons living in the same household as such employees (whether related or not) are not eligible to participate in the Promotion.
10. No purchase is necessary and a purchase or payment of any kind will not increase any participant's chances of acceptance to the Promotion.
III. HOW TO PARTICIPATE
11. To participate in the Promotion, the Participant shall submit its Submission of image(s) and photograph(s) to Kata Bags by sending it to firstname.lastname@example.org via email (10 MB limit) or via http://kata.wetransfer.com (2 GB limit), preferably in a JPG format.
12. All Submissions must be submitted by the Participant before , at 23:59 P.M. E.T.
13. Shall the Participant's Submission be accepted for the Promotion by Kata Bags (the "Accepted Submission"), a notice of acceptance will be sent to the Participant by via email by Kata Bags.
IV. TERMS OF SUBMISSION
14. Submissions must have visual representation of any of Kata Bags' products and/or merchandise.
15. As conditions of entry into the Promotion and by placing a Submission, each Participant represents and warrants that his/her entire Submission:
15.1. is wholly original;
15.2. has been created solely by the Participant;
15.3. has been legally obtained and/or created;
15.4. does not infringe the intellectual property, privacy and publicity rights or any other legal or moral rights of any third party or violate applicable laws, regulations or network standards;
15.5. has not been entered into a previous promotion or has received any awards;
15.6. has not been published previously in any medium;
15.7. he/she has not granted or transferred any rights in or to the Submission to any third party prior to the date of Submission; and
15.8. he/she has not done anything which has impaired and will not do anything to impair the rights granted to Kata Bags in any way.
16. without derogating any of the above, the Participant represents and warrants he has obtained from any and every person or individual (or their legal guardian) whose image, appearance, figure, likeness and/or character is included in any way in the Submission, their explicit informed consent for entering the Submission to the Promotion and for Kata Bags' unlimited uses of the Submission under the License, as it is defined and further explained in provision 18 below.
17. Submissions can only be submitted by individuals. The person submitting the Submission must be the authorized account holder of the email address which the Submission has been submitted from – otherwise, Submission may be deemed void.
18. Submissions that contain prohibited, unsuitable or inappropriate content as determined by Kata Bags, at its sole discretion, will be disqualified and will not be considered for inclusion in the Promotion. Kata Bags will not be obligated to notify the Participant of or give reason for such disqualification.
19. Intellectual Property: By placing a Submission, the Participant hereby declares, undertakes and agrees to the following:
19.1. In consideration of placing a Submission and entering the Promotion, the Participant, on behalf of himself/herself, his/her heirs, executor, administrator and assignees, hereby waives and relinquishes any and all claims towards Kata Bags with regards to any of the Participant's rights, title, interest, copyright, intellectual property and goodwill in and to the Submission, and grants Kata Bags a specific, non-exclusive, irrevocable, perpetual, transferable, sub-licensable, royalty-free, worldwide license (the "License") to use the Submission for any purpose – commercial or otherwise, at Kata Bags' sole discretion, including without limitation, trademark, copyright, show, transmit, publish, post, broadcast, adapt, reproduce, encode, store, make copies of, market, sell or otherwise use the Submission for the purpose of Kata Bags' business, modify, make unlimited derivative works there from, display present, exhibit and/or otherwise use the Submission and every element thereof, in whole or in part, in any medium, media or form, whether online or offline, in digital, print or otherwise, and in packaging, merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose.
19.2. The Participant acknowledges and undertakes that any future transfer of any of Participant's rights, property or otherwise, in the Submission, shall be subject to the perpetual irrevocability of the License.
19.3. The Participant hereby undertakes and agrees not to issue any publicity on behalf of or in connection with Kata Bags, his/her Submission and/or his/her participation in the Promotion.
19.4. The Participant acknowledges that he/she shall have no right of approval or consultation with respect to Kata Bags' use of the Submission, and hereby relinquishes and waives any and all copyright and moral right he/she may have in the Submission.
19.5. Kata Bags shall not be responsible for the return or preservation of the Submission.
19.6. Kata Bags shall determine at its sole discretion the extent and manner of its use of the Submission, and shall not be obligated in any way to use or exploit the same or any rights licensed by the Participant, or any portion thereof, in any medium or any manner whatsoever, including but not limited to use on Kata Bags' website.
19.7. The Participant further agrees that the Submission is not being submitted in confidence or in trust and that any confidential or fiduciary relationship is intended or created.
19.8. The Participant hereby irrevocably grants Kata Bags the unconditional right and permission to use the Participant's name, address, image, voice, likeness, statements, biographical material, as well as any additional photographic images, video images, portraits, interviews or other materials relating to the Participant and arising out of his/her participation in the Promotion (with or without using the Participant's name), in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from the Participant or any other Party.
19.9. Kata Bags may, at its sole discretion, offer any Participant credit for the Submission, whether for trade purposes or not. Such offer, if made, shall consist any terms and conditions set according to Kata Bags' sole discretion.
20. By submitting a Submission, the Participant agrees that:
20.1. these Promotion Rules are final and binding in all respects;
20.2. an unclaimed Award shall be forfeited;
20.3. if for any reason the Promotion is not run as planned, for reasons including without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, Kata Bags reserves the right, at its sole discretion to cancel, modify or terminate the Promotion. Furthermore, Kata Bags reserves the right, at its sole discretion, to disqualify any individual deemed to be (i) tampering or attempting to tamper with the entry process or the operation of the Promotion or any Kata Bags' websites; (ii) violating the terms of service, conditions of use and/or general rules or guidelines of any property or service, or (iii) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person;
20.4. Kata Bags reserves the right to require a potential Winner to submit a confidential background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Promotion will not bring the Promotion, Kata Bags and/or Judges into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Promotion as determined by Kata Bags at its sole discretion.
V. JUDGING PROCEDURE AND AWARDS
21. Judging will be done by Kata Bags at its sole discretion via an internal Judges Committee Selection – A committee comprising of senior employees of Kata Bags' Communications and Web department (the "Judges") shall pick the Accepted Submissions, as defined hereinafter.
22. Regular Award: Shall a Submission made by an eligible Participant be selected to be used by Kata Bags on the Kata Bags website for category images (top banner or listing thumbnail) (the "Accepted Submission"), the submitting Participant shall be entitled to receive a Kata Bags Camera Strap or Camera Rain Cover (the "Regular Award"), based on the submitting Participants' preference and subject to stock availability.
23. Special Award: Kata Bags will choose, at its' sole discretion, three Submissions out of all eligible Submissions made by . The submitting Participants of said Submissions shall be entitled to receive a Kata bag, as a special award for excellence (the "Special Award", and together with the Regular Award – the "Awards"). Kata will determine which bags will be given.
24. The Special Award may be granted to Participants also entitled to a Regular Award as described in provision 20 above (either for the same Submission or for separate Submissions). Participants may be entitled to receive more than one Regular or Special Award, if more than one of their Submissions has been chosen by Kata Bags as described in provisions 20 - 21 above.
25. The entitled Participant(s) (the "Winner") shall be announced on Kata Bags' Facebook page (the "announcement").
26. The Winner will be contacted by Kata Bags via email within 1 week of the announcement.
27. Upon such contact, the Winner must provide Kata Bags with a valid shipping address and a contact number. If the Winner declines to submit this information, or for whatever reason does not supply it within 3 months of the announcement – the Winner shall be considered forfeiting the win.
28. If a Special Award is forfeited, Kata Bags reserves the right to transfer, at its sole discretion, the win to another Participant.
29. All Awards shall be delivered to their respective entitled Participant(s) (the "Winner") within 90 days of the day Kata Bags' has received the Winner's contact details and address, unless determined otherwise by Kata Bags, at its sole discretion, provided that Kata Bags has given the Winner or has published on Kata Bags' website or Facebook page a notice regarding a change of delivery period, within a reasonable period after such change was determined.
30. All Awards are non-transferable, and no substitution will be made, unless otherwise determined and published by Kata Bags, at its sole discretion.
31. Kata Bags reserves the right to substitute each and any of the Awards for one of equal or greater value, for any reason and at its sole discretion.
32. Kata Bags may from time to time announce and award additional Awards related to the Promotion, subject to these Promotion Rules or at its sole discretion.
33. Kata Bags will carry the expenses for the Award shipment and delivery to the address supplied by the Winner, excluding any import or like taxes or duties, federal, state, municipal, local or other governmental excise, and any related taxation, fares, customs and expenses not expressly mentioned herein as included in any of the Awards, including but not limited to any expense associated with the acceptance and use of the Awards or any expense that may apply to the Winner for receiving the Award at the address supplied.
34. The Award(s) will be subject to all Kata Bags regular terms with regards to product warranty, customer service etc. with the exclusion of the Lightweight Protection Guarantee.
VI. INDEMNIFICATION; LIMITATION ON LIABILITIES; REMEDIES
35. By entering the Promotion and/or placing a Submission, the Participant agrees that:
35.1. He/she will indemnify and hold harmless Kata Bags, the Judges, their respective parents, and its and their subsidiaries, affiliates, successors, licensees, and assignees, and each of their directors, officers, agents, equity holders and employees, from and against any and all claims, cause of action, losses, costs, damages, liabilities and costs and expenses (including reasonable attorneys' fees costs) arising out of their participation in the Promotion and/or receipt of any Award, and/or any breach of any of their Submission, covenants, agreements, obligations, representations or warranties set forth herein, including but not limited to:
35.1.1. unauthorized human intervention in the Promotion;
35.1.2. technical errors related to computers, servers, providers, or telephone or network lines;
35.1.3. printing errors;
35.1.4. lost, late, postage-due, misdirected, or undeliverable mail;
35.1.5. errors in the administration of the Promotion or the processing of entries and Submissions; or
35.1.6. 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 Promotion or acceptance, receipt use or misuse of any Award.
35.2. In any and all disputes, claims and causes of action arising out of or connected with his/her Submission, all claims, judgments and awards will be limited to the costs of entering and participating in the Promotion, and in no event shall Kata Bags be liable for attorneys' fees.
35.3. Under no circumstances will the Participant be permitted to obtain any award for, and the Participant knowingly and expressly waives all rights to seek, punitive, incidental, consequential, direct or special damages, lost profits and/or any other damages; and
35.4. The Participant irrevocably waives any right to seek injunctive or equitable relief;
35.5. The Participant shall release and indemnify and hold harmless Kata Bags and the Judges from any and all claims that any commercial, advertising, presentation, web content and any other material subsequently produced, presented, and/or prepared by or on behalf of Kata Bags infringes on the rights of the Participant's work as contained in any Submission.
36. These Promotion Rules and their performance will be binding on the Participant and their heirs, administrators, executor, successors and assignees.
37. The construction, validity, interpretation and enforceability of these Promotion Rules will be governed by and construed in accordance with the internal laws of the State of Israel without giving effect to any choice of law or conflict of law rules. Any dispute arising under or in relation to the Promotion and/or these Promotion Rules shall be resolved in the competent court of Tel Aviv-Jaffa district, and each of the Participants hereby irrevocably submit to the exclusive jurisdiction of such court.
38. Notwithstanding the foregoing, the Participant acknowledges that Kata Bags may nonetheless seek to obtain injunctive or other equitable relief from a court to enforce the provisions of these Promotion Rules and/or bring an action in court to protect or interpret any of Kata Bags' purported intellectual property rights.
39. These Promotion Rules will not be assignable by the Participant; Kata Bags, its respective parents, successors and assignees, will have the unlimited right to assign any and all rights granted under the Promotion, in whole or in part, to any party at its sole discretion.