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“#INGLOTITALYChallenge”

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. NO FEE IS REQUIRED FOR ENTERING INTO THE Challenge.

The competition “#INGLOTITALY” (the “Challenge”) is organized by INGLOT Italy S.R.L, Via Grazia Deledda 75, 00137 Roma, Partita IVA: 13331931009, Codice Fiscale: 13331931009, Numero REA: RM – 1439478 (the “Sponsor”)

1. DATES OF Challenge:

The Challenge starts at 5:00 p.m. Central European Time (CET) on September 13, 2018 and ends at 23:59 CET on September 30, 2018 (the “Challenge Entry Period”).

2. ELIGIBILITY:

The Challenge is open only to participants that are at least eighteen (18) years of age (collectively each an “Entrant”; sometimes referred to herein as “You” or “you, he/she”). Employees, directors, and/or officers and their immediate family members (parents, children, siblings or spouse, regardless of where they live) or persons living in the same household (whether related or not) of the Sponsor and each of their respective parent companies, divisions, contractors, subsidiaries, affiliated companies, agents, distributors, retailers, franchisees, licensees, sales representatives, advertising, marketing, fulfillment and promotion agencies, and any others engaged in the development, production, execution or distribution of this Challenge are not eligible to participate. Participation constitutes Entrant’s full and unconditional agreement and acceptance of these Official Rules which shall be final and binding in all respects.

3. HOW TO ENTER:

All entries must be received by 23:59 CET on October 1, 2018.

(a) To participate in the Challenge, you should have an Instagram account that is open to the public (no private settings must be active). You will not be eligible to participate if your Instagram account posts are set to private.  If Entrant does not have an Instagram account, he/she must create one in order to enter. Creating an Instagram account is free (Terms of Service apply);
(b) During the Challenge Entry Period upload to your Instagram account a Photograph (the Photo) taken during the event which will take place in the INGLOT shop in Milan on September 13, 2018. and add the following hashtags:  #INGLOTITALY #VOGUEFORMILANO2018. Your image must be put in a special frame prepared by the Sponsor. You can upload only one Photo.
(c) The Photo must comply with Instagram’s Terms of Service. If Entrant does not have an Instagram account, he/she must create one in order to enter. Creating an Instagram account is free (Terms of Service apply);
(d) You must have an electronic device or mobile phone or other wireless device that supports the Instagram applications. Normal Internet access and data usage charges imposed by your online and mobile phone service provider will apply. Please contact your online and mobile service provider for pricing plans and details.

4. CONTENT RESTRICTIONS:

The Photo may not contain, as determined by the Sponsor, in its sole discretion, any content that:
(a) is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;(b) promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any political agenda or message; (c) is obscene or offensive; endorses any form of hate or hate group; (d) appears to duplicate any other submitted entries; (e) defames, misrepresents or contains disparaging remarks about the Sponsor and each of their respective parent companies, divisions, contractors, subsidiaries, affiliated companies, distributors, retailers, franchisees, licensees, sales representatives, agents, employees, advertising, fulfillment and promotion agencies other people or companies; (f) contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission, to the extent permission is necessary; (g) contains copyrighted materials owned by others (including Photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission, to the extent permission is necessary; (h) contains materials embodying the names, likenesses, voices, or other indicia identifying any person (living or dead), such as license plate numbers, personal names, e-mail addresses or street addresses, including, without limitation, celebrities and/or other public or private figures, living or dead; (i) content that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any basis protected by national, federal, state, or local law, ordinance, or regulation; (j) communicates messages or images inconsistent with the positive images and/or good will with which the Sponsor wishes to associate; and/or (k) violates any law and/or regulation.

Sponsor reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion. Sponsor is under no obligation to disclose why an Entry has been disqualified other than the Entry was ineligible under these Official Rules.

6. PRIZES & ITS APPROXIMATE RETAIL VALUES (“ARV”):

There will be one Prize Winner selected in this Challenge. The Prize Winner will receive a set of INGLOT cosmetics. ARV...

7. WINNER NOTIFICATION:

Winners will receive a Direct Message from Sponsor (or its agent) to his/her Instagram account within twenty-four (24) hours of winner determination and will be provided with details on how to claim prize and how to provide any additional information or documents, including an Affidavit (or Declaration) of Eligibility & Liability and Publicity Release, as needed for verification. The Sponsor is not responsible for changes to any Instagram function that may interfere with the winner notification. At the sole discretion of the Sponsor, disqualification, forfeiture and the determination of an alternate winner may result from any of the following: [1] a winner’s failure to respond to the notification within forty-eight (48) hours after the Direct Message from Sponsor or its agent; [2] the failure of notification due to deactivation of the winner’s Instagram account or blocking of any notification from Sponsor or its agent; [3] winner’s Instagram account is set to “protected mode” so that the winner’s updates/responses may not be visible to Sponsor; [4] winner’s failure to complete any required paperwork needed to verify his/her eligibility within the time allocated on notification; [5] winner’s failure to validly claim the prize by deadline date and time; [6] if a winner cannot accept or receive the prize for any reason); and/or [7] any other non-compliance with the Official Rules. Prizes will be awarded upon winner verification.

8. INTELLECTUAL PROPERTY:

The Entrant agrees to grant to Sponsor a non-exclusive, not limited in time, irrevocable, royalty-free, sub-licensable and transferable worldwide license, for any commercial and promotional purposes (without any consultation or additional permission/notification or compensation, credit or attribution) to use the Photo. The consent herein above shall cover all known fields of exploitation, in particular: to use, re-use, reproduce, transmit, display, distribute, re-distribute, copy, store, modify, edit, adapt, translate, create derivative works based upon the entry, in whole or in part, in all media, formats and channels now known or hereafter devised, for the duration of the rights in each country, area and space, and throughout the universe, in perpetuity and in all languages, formats and versions plus where required and  appropriate, will obtain any necessary permissions and approvals to Sponsor’s satisfaction.
This license is granted in perpetuity, free of charge, for the entire world in any country without notification or permitted.
Under this license, the Sponsor and its successors, licensees, agents, retailers, and assigns may use the Photo submitted in the Challenge, by any means and as many times as they deem necessary, for the purposes of presentation, communication and promotion of the Challenge, Entrants and their creations, including in the context of the Sponsor's corporate communication.

The Sponsor and its successors, licensees and assigns are therefore authorized, in perpetuity to:
reproduce or cause to reproduce all or part of the Photo, temporarily or permanently, with or without other intellectual property elements of any nature whatsoever, whether the same or different, by any known or unknown process, on any format known or unknown, whether paper or electronic;
represent or cause to be represented the Photo, with or without other intellectual property elements of any nature whatsoever, whether the same or different, entirely or in part, by submission or communication to the public by any means of publication, broadcast and television, known or unknown, including any electronic communications networks, including the Internet;
undertake or commission any adaptations, transformations, arrangements, modifications, additions, removal and translations that the Sponsor deems necessary for the use of all or part of the Photo.

By entering the Challenge, each Entrant represents, warrants and guarantees that:

the intellectual property rights relating to the Photo exist and agrees to perform all duties necessary to maintain and, where applicable, renew these rights and to bear the charges thereof;
Entrant holds all the necessary intellectual property rights allowing them to submit the Photo in this Challenge and to grant the aforementioned license, and that Entrant has obtained, where necessary, permission to submit the Photo and grant the license from any persons that may have contributed to the creation of the Photo or who appear in the Photo;
The Photo does not infringe upon or violate the rights of any third party or is subject to any dispute or action for infringement, invalidity, revocation or claim.

Each Entrant hereby represents, warrants and guarantees that the Sponsor may freely and without restriction use the Photo in accordance with the terms set forth herein without any restriction or obligation to any third party.

9. PERSONALITY RIGHTS (IMAGE RIGHTS):

“Personality Rights” shall mean the name, likeness, image, Photograph, and any other elements protected under the right to privacy, the right of publicity.

Without limiting the grant of rights set forth above, each Entrant grants to the Sponsor and its successors, licensees and assigns irrevocable and non-exclusive permission to use, reproduce, represent and exploit freely, in whole or in part, the Entrant’s Personality Rights, as well as the Personality Rights of any model or other person appearing in the Photo, by any means and as many times as the Sponsor deems necessary for the purposes of presentation, communication and promotion of the Challenge, Entrants and their creations, including in the context of the Sponsor's corporate communication. This permission is granted in perpetuity, free of charge, for the entire world, in any country, in any media now known or hereafter devised without notice or permission.
This permission covers all rights relating to the Personality Rights that may be recognized by the law.
Each Entrant represents and warrants that the Sponsor may freely and peacefully use the Personality Rights within the Photo, in accordance with the purposes defined above.

10. GENERAL CONDITIONS:

The Challenge is strictly personal and cannot be transferred to or used by a person other than the Prize Winner. Unless noted within these Official Rules, a prize cannot be, transferred, or redeemed for cash or substituted. Sponsor reserves the right to substitute a prize of equal or greater value.  The Prizes consist only of the items specifically listed as the part of the Prize descriptions.  Depictions of any part of the Prizes in any advertising or promotional materials may not reflect the actual Prize awarded to the Prize Winners. All prize details will be determined by the Sponsor in its sole discretion. Should any portion of the Challenge be, in Sponsor’s  sole discretion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole discretion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Challenge and conduct the Challenge in a manner which in its sole discretion is fair, appropriate and consistent with these Official Rules. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Challenge or to be acting in violation of these Official Rules or acting in an unsportsmanlike or disruptive manner or harassing other Entrant(s). Sponsor reserves the right to disqualify or reject any incomplete, inaccurate or false entry.

11. LIMITATIONS OF LIABILITY:

The Released Parties are not responsible for: (a); unauthorized human intervention in any part of the entry process or as it pertains to the Challenge; (b) electronic or human error which may occur in the administration of the Challenge or the processing of entries; (c) any injury or damage to persons or property (including but not limited to Entrant's wireless device, or mobile phone) which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Challenge; (d) any printing or typographical errors in any Challenge-related materials (if applicable); (e) stolen, lost, late, misdirected, corrupted, incomplete, or indecipherable entries or the unavailability or inaccessibility of any transmissions, telephone, wireless device carrier networks or Internet Service (as applicable); (f) technical failures of any kind, including but not limited to the malfunctioning of any computer, mobile device, cable, network (including Entrant’s particular wireless device carrier network), hardware or software; (g) Entrant’s inability to connect to his/her particular mobile device carrier network for any reason, including due to poor carrier reception and/or signal strength at any particular location (if applicable); and (h) entries/Photos not accessible via Instagram API. All regulations apply.

The Sponsor cannot be held liable in the event of a force majeure or unforeseeable circumstances beyond its control that disrupt the organization or management of the Challenge.

12. DISPUTES:

Except where prohibited by applicable law, entrants agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Challenge or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by italian law; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Challenge, but in no event attorneys’ and/or legal fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Challenge, shall be governed by, and construed in accordance with, the laws of Italy.

13. SEVERANCE:

If any provision or part-provision of these Official Rules is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Official Rules.

14. ENTRANTS’ PERSONAL INFORMATION & PRIVACY

In accordance with the article 13 of the Regulation of the European Parliament and of the Council (EU) 20161679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95l46lEC (General Data Protection Regulation) hereinafter referred to as Regulation, the Sponsor informs that:
a) The administrator of Entrant’s personal data is INGLOT ITALY S.R.L. Any questions concerning Entrant's personal data should be sent to the above address or to the email address: oturrini@inglotitaly.com
b) Entrant's personal data will be forwarded to the Sponsor's subsidiaries or agent.
c) Entrant's personal data will not be deleted.
d) Entrant is entitled to access his personal data i.e. the right to obtain confirmation if the administrator processes the data and the information concerning such processing, and furthermore the right to correct data if the data processed by the administrator is incorrect or incomplete, the right to object to the processing of data and the right to limit the processing of data or withdraw the consent any time.
e) Entrant's personal data will not be processed in an automated way, nevertheless the decisions concerning you will not be automated and your data will not be profiled.
f) In the case of finding that the processing of Entrant's personal data violates the provisions of the Regulation, you are entitled to bring a complaint to the supervisory authority that is to the President of the Office for the Protection of Personal Data (PUODO). For more information regarding the subject please visit website: https://inglotitaly.com/content/1-modello-informativa-privacy-dati-sito-web.

15. WINNERS LIST/RULES REQUEST:

For a list of Prize Winners or a copy of these Official Rules, please email a request to: oturrini@inglotitaly.com with either “Winner List” or “Official Rules” in the subject line.

Instagram is a registered trademark of Instagram, Inc. The Instagram name is used solely for purposes of defining the eligible method of entering the Challenge. No sponsorship, endorsement or approval is applied or intended by such use. Any questions, comments or complaints regarding the Challenge must be directed to the Sponsor and not to Instagram. Instagram is not responsible for any activities of the Sponsor and the consequences resulting from the Challenge. Instagram provides only the infrastructure through which it is possible to organize the Challenge.

16. AMENDMENT OF THE OFFICIAL RULES:

The Sponsor may be required to amend these Official Rules inter alia to comply with any new legislation and/or applicable regulations. In the event that any clause hereunder is declared null or void, it shall have no impact on the validity of the Official Rules themselves.