Terms of Audemars Piguet Competition
28 Sept 2022
BY SUBMITTING YOUR ENTR(IES), YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE FULLY AND UNCONDITIONALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT SUBMIT ANY ENTRY TO THE COMPETITION.
1.1In these Terms, the following definitions and rules of interpretation apply:
(a)Affiliates means, in relation to the Promoter, any subsidiary, subsidiary undertaking, holding company and parent undertaking of the Promoter;
(b)Announcement Date is defined under clause 2.3 of these Terms;
(c)Closing Date is as defined under clause 2.2 of these Terms;
(d)Competition is as defined under clause 2 of these Terms;
(e)Contents means text, graphic, image, software, audio, video, information and other materials;
(f)Covered Parties is as defined under clause 5.1 of these Terms;
(g)Entry means each entry submitted by an Entrant into the Competition, and Entries shall be construed accordingly;
(h)Entrant means each individual entering the Competition, and Entrants shall be construed accordingly;
(i)Event Partner refers to Audemars Piguet (Marketing) SA being the partner to the Promoter for the Competition;
(j)Force Majeure Event means any event beyond the Covered Parties' control and can include, but is not limited to, natural disasters, weather conditions, fire, nuclear incident, electro-magnetic pulse, terrorist act, riots, war, arson attacks, insurgency, rebellion, armed hostilities of any kind, labour disputes, lockouts, strikes, shortages, government actions or restraints, pilferage, bankruptcy, machinery breakdown, network or system interruptions or breakdown, internet or communications breakdown, quarantine, epidemic or pandemic;
(k)Hong Kong means Hong Kong Special Administrative Region of the People's Republic of China;
(l)Intellectual Property Rights includes, in relation to the Website, all copyright and other intellectual property rights, howsoever arising and in whatever media, whether registered or not registered, including but not limited to patents, design rights, trademarks, service marks, applications or rights to apply for any of the foregoing, database rights, Know-How, trade or business name, rights in confidential information, goodwill, and other similar rights existing in any part of the world;
(m)Judges means a panel of two (2) judges (comprising of one (1) representative appointed by the Promoter and one (1) representative appointed by the Event Partner);
(n)Know-How means all know-how, experience, data, technical and commercial information relating to the Website and/or the Competition, including but not limited to mode of operation;
(o)Prizes means the prizes awarded for the overall total number of three (3) winning Entries, details of which can be found at https://www.wristcheck-yourtakeontheroyaloak.com and Prize shall be construed accordingly;
(q)Promoter means the promoter of the Competition, Wristcheck Media Limited, a private limited company incorporated under the laws of Hong Kong, and we, us and our shall be construed accordingly;
(r)Tax means all forms of taxation, withholdings, duties, imposts, levies, social security contributions and rates imposed, assessed or enforced by any local, municipal, governmental, state, federal or other body or authority in Hong Kong or elsewhere, in all cases being in the nature of taxation, and any related interest, penalty, surcharge or fine, and Taxes shall be construed accordingly;
(t)Third-Party Contents is as defined under clause 3.3 of these Terms; and
(u)Website means the website made available by us to you for purposes to, among other, participate in the Competition.
1.2The words/phrases subsidiary,subsidiary undertaking,holding company and parent undertaking have the meanings given to them in the Companies Ordinance (Chapter 622 of the laws of Hong Kong).
2. THE COMPETITION
Eligibility conditions to enter into the Competition
2.1The Competition is open to general public except that:
(a)it is not open to the employees (and the members of the families of such employees) of: (i) the Event Partner; (ii) the Promoter (and its Affiliates); and (iii) agents or suppliers of the Promoter (who are professionally connected with the Competition and its administration); and
(b)if you are under the age of eighteen (18), you have to obtain your parent's or legal guardian's consent to participate in the Competition so as to be eligible to be awarded with a Prize (where applicable) (see clause 2.11 of these Terms).
Duration of the Competition
2.2The Competition will run from 00:00 GMT on Thursday 6th October 2022 to 23:59 GMT on Sunday 6th November 2022 (both dates inclusive). All Entry/Entries must be submitted no later than 23:59 GMT on Sunday 6th November 2022 (the Closing Date) via the Website. Late submission, incomplete applications or applications not accompanied with the required documents will not be accepted. Any Entries received by the Promoter after the Closing Date will be automatically disqualified.
2.3The winning Entries will be announced on the Website and/or the Promoter's social media platforms on Tuesday 15th November 2022 (the Announcement Date). The Promoter will publish the surname and the country of the winning Entrants and their winning Entries on the Website and/or its social media platforms. The Promoter may alter the Announcement Date should it become necessary due to the number of Entries to be assessed and/or other unexpected circumstances.
Submission of Entr(ies)
2.4Each Entry must meet the requirements specified at https://www.wristcheck-yourtakeontheroyaloak.com. The Competition relies on the Entrant's creativity. It is a skill-based contest and chance plays no role in the determination of the winning Entries by the Judges.
2.6You are solely responsible for the accuracy and completeness of the information provided during your submission of Entr(ies). Any mistakes, inconsistencies or otherwise inaccuracies of information (whether intentional or non-intentional) will result in your disqualification. The Promoter reserves the right to verify the information provided (including your identity and email address).
2.7You are solely responsible for and shall solely bear any and all costs or expenses associated with the preparation and submission of an Entry. You assume all risk of damaged, lost, late, incomplete, invalid, incorrect and/or misdirected Entr(ies).
Awarding of Prizes
2.8A total of three (3) winning Entries will be decided by the Judges. The Judges reserve the right to vary the number of final winners and/or withhold granting of any of the Prizes if the quality level of Entries so demands. The decisions of the Judges will be final.
2.9Subject to these Terms, the winning Entrants will be eligible to be awarded with the Prizes. [The Promoter may at its sole discretion determine to substitute the Prizes with other prizes where it deems necessary to do so (without incurring any liabilities to the Entrants). There is no cash alternative available for the winning Entrants. No assignment or transfer of Prizes is allowed by the winning Entrants.
2.10The Promoter will contact the winning Entrants by email (using the contact details provided by the Entrants) to verify the details of the Entrants and to arrange for the awarding of the Prizes. The Promoter may, as it deems necessary, requires the winning Entrants to execute agreement(s) with the Promoter and/or the Event Partner for purposes of (i) formalizing the assignment arrangement of Intellectual Property Rights of the winning Entries to the Event Partner; and (ii) setting out details re further development of the winning Entries by the Event Partner (including but not limited to creating derivative works).
2.11If the Promoter could not reach the winning Entrant within three (3) calendar days from the Announcement Date, or the winning Entrant could not timely provide requested documents to the satisfaction of the Promoter to confirm his/her eligibility to be awarded with the Prize within 5 calendar days from the Announcement Date, such winning Entrant will be deemed to have waived the right to claim his/her Prize (and will not be entitled to any other prizes or any kinds of compensation) and be replaced by another winning Entrant (as then determined by the Judges). Where the winning Entrant is a minor (i.e. under the age of eighteen (18)), the Promoter must receive a valid and signed parental or legal guardian consent form from such winner Entrant within three (3) calendar days of such minor Entrant being declared a winner Entrant, or else the Promoter will be entitled to select an alternative winner from among the other Entrants. The Promoter disclaims any warranties in respect of the awarding and disqualification of Prizes.
2.12Tax maybe applicable to the Prizes in some countries. It is the winning Entrant's responsibility to pay any Taxes or otherwise Taxes related to the Prize in compliance with their own country's law. In such cases, the winning Entrant agrees to indemnify and keep the Promoter and its Affiliates indemnified against any Tax liabilities, charges, fines, penalties or interest or any of the liabilities incurred by the winning Entrant which liability arose as a result of the Prize provided to the winning Entrant.
General rules of the Competition
2.13Participation in the Competition is free of charge.
2.14There is no restriction on the number of Entries submitted by each Entrant, but each Entrant will only be eligible for being awarded with one (1) Prize (irrespective of the number of Entries he/she has submitted).
2.15An Entry duly submitted shall be final and cannot be withdrawn. No further revision or amendment and/or exchange of version to the submitted Entry could be made. The Promoter and its Affiliates may deem any Entries submitted by you to be non-confidential material, and shall be under no obligation to treat the same as confidential.
2.16The Promoter reserves the right, in its sole discretion, to disqualify and remove any submitted Entries that do not comply with the requirements of these Terms. The Promoter reserves all rights to disqualify you (and any and all Entr(ies) submitted by you) if the Promoter reasonably views your conduct to be contrary to the intention of the Competition or otherwise not in compliance with these Terms. The decision of the Promoter shall be final and conclusive.
2.17The Promoter reserves the right in its absolute discretion to temporarily or permanently: (i) cancel, terminate, modify or suspend the Competition (or any portions thereof) for any reasons at any time; and/or (ii) limit or restrict participation in the Competition. The Promoter will not be held liable to you or any third-parties for any such temporary or permanent termination and no compensation will be due to the Entrants under any circumstances. For the avoidance of doubt, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability during any such discontinuation, suspension or termination.
2.18Nothing in these Terms is intended to nor shall create any partnerships, joint ventures, agencies, consultancies or trusteeships between the Entrants and the Promoter and/or the Event Partner.
2.19The Promoter has the sole and absolute discretion to make changes to these Terms and to make final decision in relation to issues which have not been covered in these Terms with regards to the Competition.
Representations and Warranties from the Entrants
2.20You warrant and represent, in respect of each Entry submitted by you that:
(a)you are the sole owner and creator of your submitted Entry. The existence of uncredited third-party contributions in the Entry will result in the disqualification of such Entry;
(b)you have the right to submit your Entry to the Competition;
(c)your Entry does not contain personally identifiable information about you or any other person(s);
(d)your Entry does not and will not violate the legal rights (including any Intellectual Property Rights, confidential rights or the privacy rights) of others or contain any material that could give rise to any civil or criminal liabilities under applicable laws or regulations or that otherwise may be in conflict with these Terms. Any Entries which violate (or suspected by the Promoter to be in violation) of any law(s) and/or third-party's rights will be deemed disqualified;
(e)your Entry does not contain any material which is defamatory, obscene, indecent, abusive, offensive, pornographic, harassing, violent, hateful, abusive, discriminating, insulting, threatening, tortuous inflammatory or otherwise objectionable; and
(f)your Entry does not contain any material that could constitute or encourage conduct which would be considered a criminal offence and/or give rise to civil liability.
Intellectual Property Rights of Entries
2.21Upon submission of your Entr(ies), you are deemed to have, in consideration of the participation of the Competition wherein you may be awarded with the Prize, irrevocably and unconditionally transferred, conveyed and assigned to the Event Partner all rights, title and interest in and to the copyright and any other Intellectual Property Rights of your Entr(ies) together with the exclusive rights granted to the owner of a copyright owner in the applicable jurisdiction(s) copyright laws, including but not limited to the unlimited and unrestricted right to reproduce, publish, adapt, modify, distribute, create derivative works based on your Entr(ies), publicly display and to transmit your Entr(ies) digitally or by any other means and in the event that the above transfer, conveyance or assignment shall not be operative or effective as intended above under the copyright laws of any jurisdictions, you hereby irrevocably and unconditionally grant to the Event Partner an exclusive, perpetual, royalty-free and global right to reproduce, publish, adapt, modify, distribute, create derivative works based on your Entr(ies), publicly display and to transmit your Entr(ies) digitally or by any other means.
2.22If it is determined that you retain moral rights (including rights of attribution or integrity) in your Ent(ies), you hereby declare that (a) you do not require that any personally identifying information be used in connection with your Entr(ies), or any derivative works thereto; (b) you have no objection to the publication, use, modification and exploitation of your Entr(ies) by the Event Partner, the Promoter (and its Affiliates) and each of their respective licensees, successors and assigns; (c) you waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of your Entr(ies); and (d) you release the Event Partner, the Promoter (and its Affiliates) and each of their respective licensees, successors and assigns from any claims that you could otherwise assert by virtue of any such moral rights.
Promoter's marketing and promotional rights
2.23Upon submission of your Entr(ies), you grant the Promoter (and its Affiliates) (and each of their respective licensees, successors and assigns) a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and licence to, at our discretion see fit, on a complimentary basis, use, reproduce, display, distribute, communicate and make available your Entr(ies) by any means and through any format (including but not limited to any materials, exhibitions, websites, advertising banners, social networks, newsletters, press releases and other means) for the following purposes:
(i)operation and management of the Competition; and
(ii)marketing and promotion of the Competition, the Promoter and/or the Event Partner.
2.24Where required by the Promoter, the Entrants shall participate in publicity for the purposes of advertising, promotion and publicity of the Competition, the Promoter and/or the Event Partner without additional compensation, including but not limited to agreeing to have their photographs and images taken for publicity purposes and usage in any medium.
3. USE OF THE WEBSITE
3.1Failure to use the Website in accordance with these Terms may subject you to civil and/or criminal liabilities. As conditions of using the Website, you agree not to (a) breach these Terms; (b) use the Website in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Website; and (c) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website, including harvesting or otherwise collecting information about others such as email addresses.
Monitoring and enforcement
3.2The Promoter has the right but not obligation to (a) take any action with respect to any Entries that it deems necessary or appropriate at its sole discretion, including if it believes that your Entr(ies) violate these Terms, or could create liability for it (and its Affiliates); (b) disclose your identity or other information about you to any third-party who claims that any Entries posted by you violates their rights; and (c) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. Without limiting the foregoing, the Promoter has the right to fully cooperate with any law enforcement authorities or court orders requesting or directing it to disclose the identity or other information of any Entrants submitting Entr(ies) through the Website. You waive and hold harmless the Promoter (and its Affiliates) (and their respective licensees, successors and assigns) from any claims resulting from any action taken by any of the foregoing parties during or as a result of their investigations and from any actions taken as a consequence of investigations by either such parties or law enforcement authorities.
Links to third-party website
3.3The Website may contain hyper-links to web pages and banners of third-parties and such links are provided for your convenience only. The Promoter has no absolute control over the Contents posted by such third-parties (Third-Party Contents) and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third-Party Contents linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Contents. The Promoter may disable all or any social media features and any links at any time without notice in its discretion. Without limiting the foregoing, the Promoter makes no representation or warranty of any kinds with respect to the third-party components of the Website (including hypertext links to other sites which are operated by other people). Using such links, you acknowledge leaving the Website and proceeding at your own responsibility.
The Promoter's Intellectual Property Rights
3.5The Promoter's name and logo and all related names, logos, product and service names, designs and slogans are the Promoter's trademarks or trademarks of its Affiliates. You must not use such marks without our prior written permission.
3.6For the avoidance of doubt, the Promoter does not assume any liabilities for copyrighted materials provided by third-parties or any Intellectual Property Right infringements by such third-parties.
Specific disclaimers regarding the Competition
4.1By submitting an Entry, you accept full legal and moral responsibility of any and all legal claims that are made by any third-parties due to the Promoter's and/or its Affiliates' publishing and usage of your Entry. The Promoter disclaims all responsibility and liability for Contents in your submitted Entry to the maximum extent permissible by applicable laws and regulations.
4.2The Promoter will not in any case be held liable for damages resulting from faults with or delays in the submission of Entries by the Entrants, including refusal to accept the Entries as a consequence of the submission beyond the deadlines set out in these Terms. The Promoter will not be held liable for any Entry that is lost, delayed, misdirected or incomplete or cannot be submitted for any technical or other reason. Proof of delivery of the Entry is not proof of receipt by the Promoter.
4.3The Promoter will not be held liable for any damages, losses, liabilities, injuries and/or disappointment incurred or suffered by you as a result of the participation of the Competition, the award of the Prizes and/or the provision of services by a third-party relating to the Prizes.
4.4The Promoter will not be held liable for the consequences of your disqualification from the Competition as a result of your violation of these Terms and/or disqualification from being awarded the Prizes in accordance with these Terms.
4.5You acknowledge that the Promoter (and its Affiliates) and/or the Event Partner may currently or in the future be developing information internally, or receiving information from other parties, that is similar to the information contained in your Entr(ies). Accordingly, nothing herein shall prohibit the Promoter (and its Affiliates) and/or the Event Partner from independently acquiring, developing, or having developed products or concepts that are similar to or compete with those contemplated or embodied in your Entr(ies).
General disclaimers regarding the Website
4.6The Contents presented on or through the Website is made available solely for general information purposes. The Promoter does not warrant the accuracy, completeness or usefulness of any Contents. Any reliance you place on such information is strictly at your own risk. The Promoter disclaims all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of any of the Contents to the maximum extent permissible by applicable laws and regulations.
4.7Your use of the Website, the Contents on the Website (including but not limited to the Competition) and any items obtained through the Website is at your own risk. The Website, the Contents on the Website and any items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either expressed or implied. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties, in which case such limitation or exclusion shall apply only to the extent permitted by the law in the relevant jurisdiction. Without limiting the foregoing, neither the Promoter nor anyone associated with the Promoter represents or warrants that the Website, the Contents on the Website and any items obtained through the Website will be accurate, complete, up to date, reliable, error-free or uninterrupted, that defects will be corrected, that the Website or the server that makes it available are free of viruses or other harmful components or that the Website, the Contents on the Website and any items obtained through the Website will otherwise meet your needs or expectations.
4.8You understand that the Promoter cannot and do not guarantee or warrant that any Contents available for downloading from the Website will be free of viruses or other destructive codes. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. The Promoter will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website and any items obtained through the Website or to your downloading of any material posted on it, or on any other websites linked to it.
4.9You understand and agree that actions or inactions caused by third-parties or external instrumentalities (including without limitation the Internet) may create situations in which connections to the Website may be impaired or disrupted. While the Promoter will use commercially reasonable efforts to take any actions it deems appropriate to remedy and avoid such events, it makes no guarantee that such events will not occur, and you agree that it shall have no liability for any breach of these Terms to the extent caused by any such event.
4.10Unless the Promoter is at fault for intentional or wilful misconduct, or gross negligence, it is not responsible for any failures caused by server errors, misdirected or redirected transmissions, failed internet connections, interruptions in the transmission or receipt of reservations or, any computer virus or other technical defect, whether human or technical in nature.
4.11To the extent permissible by applicable laws, the Promoter (and its Affiliates) excludes all loss, damage, costs, expenses, liabilities and penalties arising out of or in connection with your use of the Website, entry to the Competition and/or taking up of the Prizes (where applicable).
5. LIMITATION OF LIABILITY
5.1To the extent permitted by law, in no event shall the Promoter (and its Affiliates) and the Event Partner, including their respective officers, directors, employees, representatives, subsidiaries, Affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Website and the Competition (collectively the Covered Parties), be liable to any person or entity whatsoever for any direct, indirect, incidental, special, exemplary, compensatory, consequential, or punitive damages or any damages or losses whatsoever (whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable), including but not limited to (where relevant, caused by):
(a)loss of or damage to goodwill or reputation, inconvenience , stress, distress, loss of claim, data or other intangible losses;
(b)your inability to use, unauthorized use of, delay, performance or non-performance of the Website;
(c)unauthorized access to or tampering with your personal information or transmissions;
(d)submission of Entr(ies) and/or otherwise transactions entered into through the Website;
(e)any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of the Website or any site to which it provides hyperlinks;
(f)damages otherwise arising out of the use of the Website, participation in the Competition (or failure to do so) and/or awarding of the Prizes, any use, delay or inability to use the Website, or any information, products, or services obtained through the Website;
(g)any (personal) injuries, death, property damages, or other damages attributable to the Competition; and/or
(h)any damages caused by a Force Majeure Event.
5.2Without prejudice to the foregoing and insofar as permitted under applicable laws, our aggregate liability to any user shall in no event exceed an amount of [HKD 1,000].
6.1You agree to indemnify and hold the Covered Parties harmless from and against any claims, liabilities, damages, losses, and expenses that the Covered Parties incur or suffer as a result of any actions, inactions or omissions by you, including, without limitation, legal and other fees payable or suffered by, or imposed on, the Covered Parties arising out of or in connection with:
(a)access to, use or misuse of the Website in violation of these Terms, applicable laws, regulations and/or guidelines by you;
(b)any Contents submitted or uploaded by you on the Website (including but not limited to infringement to any third-part(ies)' rights); and/or
(c)any breaches of these Terms, confidentiality or otherwise contractual obligations.
6.2If you use the Website for or on behalf of a third-party, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform such third-party of all applicable Terms. Each user using the Website for or on behalf of any third-party agrees to indemnify and hold the Covered Parties harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defence), relating to such third-party's or the user's failure to fulfil any of its obligations as described above.
6.3The Covered Parties cannot be held liable for any infringement of the above provisions by the Entrants. Each Entrant shall indemnify the Covered Parties against any disturbance, action, claim, opposition and demands or eviction attempts from any third-parties in connection with any Entry (Intellectual Property Rights included). You agree to fully indemnify the Covered Parties in respect of all royalties, fees and any other monies owing to any person by reason of your breaching of any of these Terms (including but not limited to the warranties and representations under clause 2.20).
6.4You agree to fully indemnify the Covered Parties in respect of all royalties, fees and any other monies owing to any person by reason of your breaching of any of these Terms (including but not limited to the warranties and representations under clause 2.20).
7.1These Terms supersede and replace any and all prior oral or written understandings or agreements between you and us regarding the Website and/or the Competition.
7.2You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of you and us, the successors, permitted assignees and legal representatives of you and us respectively.
7.3A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong) to enforce any provision of these Terms.
7.4Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by us via email transmission.
7.5Our failure to enforce any rights or provisions of these Terms will not constitute a waiver of future enforcement of those rights or provisions. The waiver of any such rights or provisions will be effective only if in writing and signed by our duly authorised representative. Except as expressly set forth in these Terms, the exercise by the aforementioned parties of their respective remedies under these Terms will be without prejudice to their other remedies thereunder.
7.6These Terms shall be governed by and construed in accordance with the laws of Hong Kong. The parties hereunder irrevocably agree that the courts of Hong Kong shall have exclusive jurisdiction in relation to any claim or dispute concerning or arising from these Terms.
7.7These Terms shall be deemed severable. In the event that any provisions are determined to be unenforceable or invalid, such provisions shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions. The severed provisions shall be replaced by provisions approximating as much as possible the original wording and intent.