Acceptance and compliance
1. Participating in SFX Polaroid Challenge (the Promotion) implies full acceptance of these Terms & Conditions and the Polaroid User Generated Content Program Terms and Conditions attached hereto as Annex 1 (the Content Sharing Policy).
2. You are only eligible for a prize if you comply with these Terms & Conditions in full and the Content Sharing Policy. The Promoter reserves the right at its sole discretion, to eliminate or disqualify any participants who do not comply with or act in breach of these terms and conditions.
3. The Promotion is a photo competition on the @polaroid Instagram channel, whereby the participants become eligible to win the prizes set out below.
- First prize: a The Mandalorian™-themed Polaroid Now instant camera and five (5) packs of The Mandalorian™-themed Polaroid i-Type Color Film; and
- Prize for the other three Finalists: (2) packs of The Mandalorian™-themed Polaroid i-Type Color Film.
Promotor and Participants
5. The Promotor: Polaroid Film B.V., with registered office at Hoge Bothofstraat 45 7511ZA Enschede, the Netherlands (registration number: 08182413) (the Promotor or Polaroid).
6. The Promotion is open to all participants worldwide over the age of 18.
7. The Promotion excludes the Promotor’s and Disney’s employees and their immediate family members.
Entering the Promotion and collecting prize
8. To enter the Promotion, participants must:
- have an Instagram account;
- be following @Polaroid on Instagram;
- set the visibility of their Instagram accounts to public for the Promotor to see the entry; and
- before 11:59 EST, 04 October 2020 submit their entry by using the hashtag #sfxpolaroidchallenge when posting an image shot on Polaroid film on Instagram.
9. Each participant may post a maximum of three (3) entries. Only the first three (3) entries will be valid.
10. Participants are prohibited from showing any content in their entries offering or linking to alcohol, tobacco, firearms, pornographic or adult-themed material, gambling or drugs, or that otherwise impugn, detract from, or disparage the goodwill of Polaroid and/or Disney (related) content/material. Any Participant not in compliance with this article 10 shall be eliminated or disqualified from the Promotion in its entirety.
11. Polaroid shall at its sole discretion select four (4) entries as finalists (the Finalists) that will be announced on 05 October 2020 via the @polaroid Instagram channel, whereby the community will be invited to vote for their favorite image via emoji in the comments immediately following the announcement. Only one vote is counted per user.
12. The winning photo will be announced by Polaroid via the @polaroid Instagram channel 24 hours after voting commences and will be featured in @polaroid’s highlights.
13. Participants confirm that they have no expectations of receiving compensation above that which may be awarded a prize is the Participant becomes a Finalist.
14. Participants warrant and represent that they have all rights to use and license all aspects of their entries and agree to indemnify Polaroid, Disney (as defined below) and all other releasees identified by Disney, for all claims relating to copyright, trademark, and right of publicity. Participants explicitly agree that Polaroid is entitled to use and/or repost any entries for marketing or promotion purposes, as further set out in the Content Sharing Policy.
15. If you are a Finalist, Polaroid will send you a direct message on Instagram to collect your shipping data for delivery of the prize. Shipping data needs to be provided ultimately on 07 October 2020. Unclaimed prizes will lapse after this period.
Specific terms for prize winners
16. Each of the prizes will be shipped within ten (10) days after finalizing the order form by the participant upon instructions of our customer service team.
17. The prizes will be shipped DDP to the registered address of the winners at Promotor’s costs.
18. The delivery time will depend on the place of residence of the relevant winner.
19. Prizes that are undelivered, unclaimed or returned to sender will be deemed unwanted and the prize will be forfeited. The prize will not be re-allocated.
20. In order to be entitled to a prize, winners will be required to provide Promoter with contact details, including full name, age, phone number, address and email address. They may be required to submit proof of identification and proof of registered address.
21. It is the responsibility of the winner to timely supply the correct information to claim and be entitled to the prize.
22. The Promoter reserves all rights to carry out any other background check as they consider necessary for the purposes of verifying the winner and prize claim and any prize may be withheld unless and until the Promoter is satisfied with the verification.
24. The prizes are not transferable or substitutable and no cash alternatives will be provided.
25. If the stated prizes are no longer available due to circumstances outside of the Promoter’s control, the Promoter reserves the right to substitute for an alternative prize.
26. The Promoter will not be liable for the non-delivery of the prize caused by entries that are late or undelivered nor caused by the provision of wrong or incomplete information by the winner.
27. The Promoter does not make any warranty regarding the use or enjoyment of any prize (apart from the regular warranty of the camera (for the first prize) and film.
28. To the extent permissible by law, the Promoter shall not be liable for any loss or damage whatsoever which is suffered as a result of participation in the Promotion or use of any prize.
29. Except where prohibited, winners will waive all rights and remedies at law or in equity for any claim they may have relating to this Promotion.
30. Any taxes or promotional fees are due by the winner.
31. To the extent permitted by law, the Promoter, at its sole discretion, reserves the right to cancel or suspend this Promotion for any reason at any time without liability.
32. Unless otherwise agreed in writing by the Promoter, only the winners will be eligible to the prizes.
33. The Promoter will be the final arbiter in any decisions regarding the Promotion, and these will be binding, and no correspondence will be entered into.
34. This Promotion is in no way sponsored or administered by Disney Consumer Products, Inc. and/or its parent, affiliated and subsidiary companies and its and their officers, directors, employees and agents (together “Disney”). By participating in the Promotion, participants agree to release, indemnify and hold harmless Disney from and against any injuries, losses, damages, claims, actions and any liability of any kind resulting from or arising from participation in the Promotion or the acceptance, possession, use, misuse or nonuse of any of the prizes.
35. These Terms and Conditions shall be governed by Dutch law and all disputes in connection to the Promotion will be submitted to the exclusive jurisdiction of the court of Amsterdam, the Netherlands.
STAR WARS and related properties are trademarks and/or copyrights in the United States and other countries, of Lucasfilm Ltd. and/or its affiliates. © & TM Lucasfilm Ltd.
POLAROID USER GENERATED CONTENT PROGRAM TERMS AND CONDITIONS
Welcome to the Polaroid UGC program Terms and Conditions. We’re glad that you are here.
Polaroid (as defined below) reaches out to social media users to seek their permission to feature our favorite content on our various sites, social channels, and various promotional materials. You are reading this because Polaroid has requested your permission to use your social media content in this way.
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY. THESE TERMS ARE A LEGAL AGREEMENT BETWEEN YOU (“CONTRIBUTOR”) AND POLAROID FILM B.V., AND ITS AFFILIATES (“POLAROID”). BY PROVIDING CONTENT ON POLAROID SOCIAL MEDIA ACCOUNTS, OR BY THE USE OF APPROVED POLAROID HASHTAGS, YOU AFFIRM THAT YOU HAVE READ AND UNDERSTAND THE TERMS, THAT YOU ARE ABLE TO ENTER INTO THIS AGREEMENT AND THAT YOU AGREE TO AND ARE LEGALLY BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PROVIDE CONTENT THROUGH POLAROID’S SOCIAL MEDIA ACCOUNTS AND DO NOT USE ANY APPROVED POLAROID HASHTAGS.
ANY CONTENT SUBMITTED MUST MEET THE FOLLOWING REQUIREMENTS (“SUBMITTED CONTENT REQUIREMENTS”):
- CONTENT MUST BE THE CONTRIBUTOR’S ORIGINAL AND SOLE CREATION;
- CONTENT AND THE USE THEREOF (AS PERMITTED BY THESE TERMS) MUST NOT INFRINGE UPON OR VIOLATE ANY THIRD PARTY’S RIGHTS OR CONTAIN ANY MATERIAL THAT IS OR MAY BE CONSIDERED DEFAMATORY, SLANDEROUS, OR LIBELOUS, OR PORTRAY OR DEPICT ANY PERSON PRODUCT OR ENTITY IN A FALSE LIGHT;
- CONTENT MUST NOT VIOLATE ANY FEDERAL, STATE OR LOCAL LAWS, ORDINANCES, OR ANY OTHER APPLICABLE LAWS.
- ANY CHILDREN DEPICTED IN THE CONTENT ARE THE CHILDREN OF CONTRIBUTOR OR THE CHILDREN FOR WHICH CONTRIBUTOR IS THE LEGAL GUARDIAN WITH LEGAL RESPONSIBILITIES;
- CONTRIBUTOR HAS THE RIGHTS TO USE THE NAMES, IMAGES, AND LIKENESSES OF ANY THIRD PARTY DEPICTED IN THE CONTENT AND OF ANY OTHER THIRD PARTY-OWNED ELEMENTS DEPICTED IN THE CONTENT; AND
- CONTRIBUTOR OWNS OR HAS OBTAINED ALL NECESSARY RIGHTS AND PERMISSIONS IN THE CONTENT, AND ANY AND ALL ELEMENTS THEREOF, TO GRANT THE RIGHTS GRANTED HEREIN.
CONTENT: Polaroid requests the right to use content created by Contributors and submitted to Polaroid, which may include, without limitation, photographs, text, handles or account names, information, images, graphics, videos, or any combination thereof (collectively, “Content”).
Content may be submitted by Contributors in two ways: (i) by posting on any Polaroid social media account page, including, but not limited to Facebook, Instagram, Twitter, Pinterest and Youtube; or (ii) by the Contributor’s use of approved hashtags, including but not limited to #PolaroidPOV, and #ShareMyPolaroidPOV, when posting Content online. Any additional hashtags subject to the Terms contained herein will be clearly designated by Polaroid via messaging on Polaroid’s social media.
Any attempt by a Contributor or any other individual to deliberately damage any online service or website or to undermine the legitimate operation of the Program may be a violation of criminal and civil laws. Should such an attempt be made Polaroid reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law.
If you are located anywhere outside of the United States, please be aware that information we collect about you, including personal information, will be transferred to, processed and stored in the United States. The data protection and privacy laws in the United States may differ from those of the country in which you are located. U.S. governmental agencies, courts, or law enforcement may be able to access or obtain your personal information (for example, in response to a court order). By submitting content on Polaroid social media accounts, or by the use of approved Polaroid hashtags, you consent to the transfer, processing, and storage of your information, including personal information, in the United States.
GRANT: By submitting Content or by the use of approved Polaroid hashtags, Contributor hereby grants to Polaroid, its successors and assigns, and any customer, vendor, service provider, or licensee of Polaroid and where applicable to Disney, the unlimited, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense) to use, reproduce, process, reframe/resize, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute the Content, or any portion thereof, in any form media or distribution method now known or hereinafter existing, known or developed, for any purpose, including without limitation, and for any purpose related to the marketing, advertising and promotion of Polaroid’s goods and services. Specific uses of the Content may include, but are not limited to: posting Content on any website or social media site; transmitting Content to consumers via e-mail; reproducing or displaying Content on computers and mobile devices; and reproducing Content in print.
Contributors shall retain all ownership of the Content they submit (subject to the license granted herein). Polaroid shall have the right, but no obligation, to use Contributor’s username and, if provided in connection with the Content, real name, image, likeness, caption, location information, or other identifying information, in connection with any permitted use of the content.
WAIVER: To the maximum extent permitted by law, and by submitting and approving the use of the Content, Contributor hereby waives: (i) any and all copyright rights, moral rights, and any rights of attribution and integrity in the Content against Polaroid and its respective agents, representatives, officers, directors, shareholders, employees, and licensees; (ii) any right to review, inspect, or approve the use of the Content in any format or media, whether that use is known to Contributor or not; (ii) any right to royalties or other compensation arising from or related to the use of the Content; (iii) all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses.
REPRESENTATIONS, WARRANTIES AND COVENANTS: In addition to the Submitted Content Requirements, Contributor represents and warrants the following: (i) Contributor is at least eighteen (18) years of age or the age of majority, whichever is older in the Contributor’s state and/or country of residence; (ii) Contributor has the full right and authority to enter into these Terms; (iii) Contributor will abide by the common standards of decency and to act in accordance with the law; and (iv) Contributor will not upload, post, or otherwise generate or make available to Polaroid any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining whether any material is protected by any such right is on the Contributor.
Contributor shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other such harm resulting from any Content that Contributor submits.
LIMITATION OF LIABILITY: By submitting Content, Contributor agrees to release, indemnify, and hold harmless Polaroid and each of its respective agents, representatives, officers, directors, shareholders, employees, and licensees from and against any injuries, losses, damages, claims, actions, and any liability of any kind resulting from or arising from the Content or its use thereof.
MISCELLANEOUS: These Terms shall be governed by and construed in accordance with the laws of the Netherlands applicable to contracts made and to be performed wholly therein, but without regard to the conflict of law provisions thereof. Courts located in the Netherlands shall have exclusive jurisdiction of any dispute related to or the breach thereof, and the Parties agree to the personal jurisdiction and venue of such courts.
Nothing contained herein shall deem or construe Contributor and Polaroid to be partners, joint venturers, principal-agent, or employer-employee. These Terms may be updated by Polaroid from time to time without notice, upon which the amended terms shall become binding. Polaroid’s failure to enforce any term of these Terms shall not constitute a waiver of that or any other provision.
CONTACT: Please direct any questions regarding these Terms to firstname.lastname@example.org or by mail at Polaroid Film B.V., Danzigerkade 16C, 1013 AP, Amsterdam.
You understand you are providing your information to Polaroid and any questions, comments or complaints regarding the promotion are to be directed to Polaroid at the address provided.
The POLAROID word and logos (including the Polaroid Classic Border Logo) are protected trademarks of Polaroid.