In case the user participates in any online contests organized by the Company on the Internet (Website, micro-site, Facebook, Instagram, etc.), in which the user, as a participant, (hereinafter, the “Participant”) is required to upload Images (photos, videos, drawings, etc.), the following shall apply to the use. By participating to the online contests and uploading Images, the user represent that he is aware and agree with the following.
The Participant undertakes not to upload Images that are not original and/or are not recorded by them or that infringe law or rights of third parties (specially, copyrights, trademarks, and/or privacy, honor and image rights). For these purposes, each Participant declares that he/she owns all the rights regarding the Images and, as the case may be, has obtained the relevant express consent of the people appearing in the Image for its free of charge spreading in any media and/or territory and for indefinite term.
The Company shall not be held liable, in any event, of the infringement of the above-referred obligations nor any damages and/or prejudices arisen from said infringement. Each Participant recognizes that the Company has fully rights to assign the use of the Images in any form whatsoever, including all acts of reproduction, distribution, transformation and public communication, as well as for any commercial purpose related (including but not limited to, advertising, marketing, promotions, merchandising and/or exploitation of the relevant contest, wholly or in part).
Participants expressly authorize the Company and its licensors to reproduce, communicate or distribute, adapt and transform the Images, for free, on the Company’s websites and official social networks including without limitation the Company official Instagram and Facebook and any other social networks accounts of the Company’s affiliates and/or subsidiaries; websites of authorized retailers and/or any social networks of any influencer authorized by the Company, in any media an territory, all over the world, for the maximum period of time permitted by law.
The Participant is aware that the putting the Images on the social networks implies the application of the general usage conditions of said social networks, in particular, the right of sub-licensees attributed to the social networks and to the users of the social networks. The Company will in no event be liable for the reproduction, processing, exploitation and conservation of the Images or of a part of the Images by social networks or by social networks’ users according to the general usage conditions of the social networks. The Company cannot be held responsible for the reproduction, processing, exploitation and conservation by social networks’ users in the general usage conditions of the social networks of the images throughout the corresponding contest term and after its expiry. For the sake of clarity, the Participant hereto acknowledge and agree that the Company shall not in any event be responsible for deleting/removing the Images uploaded during the term of the corresponding contest on the social networks.
In any event, the Company is entitled to remove any image, without obligation to give prior notice to the Participant, when it considers that the image infringes any law, rights of third parties or it is not adapted to the contest’s nature or to the image and reputation of the Company, its licensors or its products, or that the content of the Image could undermine bad taste and social norms. The Company shall be entitled to deny and refuse any image unilaterally considered that is racist, sexist, violent or inappropriate in general.
The Company and its licensors shall not be held liable for the improper and/or fraudulent use of the Image or modifications and/or alterations of the Image made by any third parties.
Notwithstanding the foregoing, please be informed that the Participant may have to accept specific terms and conditions of the social network or similar platform through which the contest takes place.