Aqua Dragons Challenge Terms and Conditions

Official Rules

NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.

SPONSOR: The Spanish company World Alive SL, hello@aquadragons.net, with registered address at c/Pollancres 80, Urb. La Floresta, 08198 Sant Cugat del Vallès, Barcelona, Spain, and Spanish Tax ID number B63470496.

PROMOTION DESCRIPTION: The #AquaDragonsChallenge (the “Challenge”) begins on or about October 1, 2020 at 10:00 a.m. Central European Time (“CET”/UTC+1) and ends on February 28, 2020 at 12:00 p.m. CET/UTC+1 (the “Challenge Period”). The purpose of the Challenge is to promote the Aqua Dragons products as a fun, respectful and creative toy. Participation is free of charge. During the Challenge Period, entrants will have the opportunity to upload to Instagram and/or TikTok @aquadragonsHQ account (collectively, “the Website”) a personal video (collectively, a “Submission”) featuring prominently Aqua Dragons products, which shall be fun, creative and/or desirable. From these Submissions, one (1) Prize Winner will be selected for each of the three (3) categories, as more fully set forth below. By participating in the Challenge, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Sponsor. which shall be final and binding in all respects.

PRIZES: There is one (1) ONE THOUSAND EUROS (€1,000) prize for each of the three (3) categories of the Challenge: (i) One Thousand Euros (€1,000) for the winner of the category “The Funniest Video” by the Judging Panel; (ii) One Thousand Euros (€1,000) for the winner of the category “The Most Creative Aqua Dragons Video” by the Judging Panel; (iii) One Thousand Euros (€1,000) for the winner of the category “The Most Engaging Video” based on the number of likes the video receives on Instagram or TikTok, as a measure of social media engagement.

ELIGIBILITY: The Challenge is open to everyone, with no purchase necessary, except for officers, directors and employees of Sponsor, and their parents, subsidiaries, members, distributors, retailers, sales representatives, advertising and Challenge agencies (all such individuals and entities referred to collectively as the “Challenge Entities”), and each of their immediate family members and/or people living in the same household, who are NOT eligible to win a prize. This Challenge is void where prohibited.

HOW TO ENTER: To participate in the Challenge, you must have an Instagram or a TikTok account and be a follower of the @AquadragonsHQ Instagram and/or TikTok account (the social network where the Submission participates) during the Challenge Period. During the Challenge Period, upload your own personal favourite video that is the funniest, the most creative or the most engaging, including your Aqua Dragons in it. Upload your Submission to your Instagram or TikTok account with the hashtag #AquaDragonsChallenge (the “Hashtag”) and tag @AquaDragonsHQ (the “Tag”) during the Challenge Period. Your Submission must include the Hashtag and the Tag in order to be eligible. In order for the Sponsor to receive your submission, either your Instagram and/or TikTok account must be set to permit public viewing (all categories) OR you must send your submission to the Sponsor by Direct Message (most creative and funniest categories ONLY).] By using the Hashtag in connection with your Instagram and/or TikTok post, you are acknowledging and agreeing that Sponsor has the right to share your post through Instagram and TikTok or otherwise use your post as set forth in its online Terms of Use, located at https://aquadragons.net/policies/privacy-policy. The Submission must meet the following “Submission Requirements”: (i) We encourage sensitivity towards animals, all living beings and the environment so we ask you to be responsible and take good care of your AquaDragons and make the videos taking into account not to do anything cruel o harmful to them. Thus, the Submission must not include images that infringe these principles. Moreover (ii) the Submission must be the submitting entrant’s original work and not feature or focus on any material owned or controlled by third parties (including without limitation, third party copyrighted material); (iii) the entrant must provide upon request all appropriate clearances, permissions and releases for the Submission; and (iv) the Submission must not include images that are obscene, pornographic, libellous or otherwise objectionable. Any entry featuring a Submission that, in Sponsor's good faith judgment, violates the Submission Requirements will be disqualified. All Submissions must be received by the end of the Challenge Period. The Website’s database clock will be the official timekeeper for this Promotion. Proof of entering information on the Website is not considered proof of delivery to or receipt by Sponsor of such entry. All personally identifiable information collected in connection with the Promotion will be used by Sponsor in accordance with its online privacy policy, located at https://aquadragons.net/policies/privacy-policy. Any communication or information transmitted to Sponsor and/or the Website by electronic mail or otherwise is and will be treated as non-confidential and non-proprietary. Sponsor may engage a third party platform or application provider (for ease of reference, a “Third Party Application Provider”) to administer certain aspects of the Promotion, including without limitation, the online collection of entry information. Such Third Party Application Provider will provide your personally identifiable information to Sponsor, who will use such information in accordance with its privacy policy as set forth above. Third Party Application Providers may also use your information for their own independent purposes in accordance with their own independent privacy practices. Sponsor is not responsible for the storage or any use of your entry information by any Third Party Application Provider. You should carefully review the privacy practices of any third party to determine their specific privacy policies. Sponsor is not responsible for the storage or any use of your entry information by any Third Party Application Provider.

IMPORTANT NOTE: Any Submission may be uploaded to Sponsor’s Instagram or TikTok accounts where it will be made available for viewing by the general public and any such posting will be deemed made at the direction of the entrant within the meaning of the Spanish Law of Intellectual Property. Any entrant who incorporates any intellectual property or material owned by a third party into his or her Submission does so at his or her own risk. Without in any way limiting, expanding or amending the Terms of Use policy residing on https://aquadragons.net/policies/privacy-policy, which Terms of Use policy shall remain in full force and effect, if Sponsor is duly notified that any element of an entrant’s Submission infringes upon the rights of another person and/or receives a legally valid request to remove the affected Submission from the Website because of such infringement, such Submission may be removed from the Website and/or disqualified from the Challenge, as Sponsor may determine in its sole discretion. Further, no entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that such entrant’s Submission has been or can be sufficiently cleared for legal purposes.

 

 

WINNER SELECTION AND NOTIFICATION: 

“The FUNNIEST Video” and “the most creative video” Categories: On or about March 8, 2021, a panel of judges selected by Sponsor (the “Judging Panel”) will select the funniest video and the most creative video from all eligible Submissions received during the Challenge Period based upon the following criteria: (40%) Execution of Theme (e.g., best using Aqua Dragons), (40%) for Fun/Creativity & Originality -depending on the category of the Challenge-, (20%) for Video Quality (collectively, the “Judging Criteria”).

“The most ENGAGING video” Category: The Sponsor will select the post with the most “likes”. During the Challenge Period Instagram and TikTok users and @aquadragonshq Instagram and TikTok visitors will have the opportunity to mark with a “like”, share or comment on the Submissions. “Likes” for each Submission will be tracked by the Instagram Stories rating tool and the equivalent tools in TikTok or the platform provider for the contest. Any “likes”, “shares” or other activity posted on Instagram or TikTok accounts before or after the Challenge Period, is unofficial, shall not have any bearing on whether a Submission is selected as a Winner and should not be relied upon for any purpose. The same applies to any comments, “likes” or shares that, in Sponsor’s good faith judgment, are considered obscene, pornographic, libellous or otherwise objectionable, as well as those infringing third-parties rights. Moreover, the Sponsor is authorized to delete any such comments. Any entrant offering or using, or attempting to use a “cheat,” payment, or other incentive, or any other means to obtain votes will be disqualified and any votes earned by those means will be void in Sponsor’s sole discretion. The Submission that receives the highest number of valid “likes” during the Challenge Period will be deemed the winner of the Most Desirable Video Category, subject to verification and compliance with these Official Rules.

The Winners of the three (3) prizes will be announced on the @aquadragonshq Instagram and TikTok Accounts on or about March 8, 2021 and notified by direct message using the contact information provided at the time of entry. Sponsor shall have no liability for any Prize Winner notification that is lost, intercepted, or not received by the potential Prize Winner for any reason. If a potential Prize Winner does not respond within the time required by Sponsor (thirty (30) calendar days) or if the notification is returned as unclaimed or undeliverable to any potential Prize Winner, such potential Prize Winner will forfeit his or her potential prize and an alternate Prize Winner may be selected. If any potential Prize Winner is found to be ineligible or if he or she has not complied with these Official Rules or declines the prize for any reason, such potential Prize Winner will be disqualified and the next highest scoring Submission may be selected.

GENERAL PRIZE CONDITIONS: Prizes will be awarded only if the potential prize winner fully complies with these Official Rules, and paid by the Sponsor to the winners in the bank or Paypal accounts provided by the winners. All portions of the prize(s) are non-assignable and non-transferable. Any prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Challenge materials are for illustrative purposes only. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. Each Prize Winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. The Prize Winner (as well as each member of a Prize winning team) may be required to execute an Affidavit of Eligibility, a Liability Release, a Publicity Release (where imposing such condition is legal) and an Agreement/Acceptance Form certifying among other things that they have complied with these Official Rules (collectively, “Prize Claim Documents”). If any potential Prize Winner (or member of a prize-winning team) fails or refuses to sign and return all Prize Claim Documents within thirty (30) days of prize notification, the Prize Winner may be disqualified and an alternate winner may be selected. The notification shall be deemed to have been done when the Sponsor sends the direct message abovementioned.

CONDITIONS ON PARTICIPATION IN THE PRIZES.  If the Prize winner commits any act which is antithetical to Sponsor or its productions or which brings the Prize winner or Sponsor into public disrepute or scandal, or which shocks, insults or offends a substantial portion or group of the community or reflects unfavourably on the Prize winner or Sponsor, Sponsor may, in addition to and without prejudice to any other remedy of any kind or nature set forth herein or otherwise available, withhold the Prize. Without limiting the generality of the foregoing, Prize winner shall refrain from publicly making any disparaging or unfavourable comments about Sponsor or its productions during the Challenge Period and after receiving the Prize.

REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each person who enters this Challenge represents and warrants as follows: (i) the Submission is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (iv) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libellous. Each entrant hereby agrees to indemnify and hold the Promotion Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.

GRANT OF RIGHTS: For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant into the Challenge hereby irrevocably grants Sponsor, its successors and assigns, a non-exclusive, limited license (but not the obligation) to reproduce exploit and otherwise use the Submission solely in connection with the Challenge and the marketing and promotion thereof, throughout the universe, in perpetuity, in any and all media, without further notice to, consent by, or payment to entrant. Without in any way limiting the foregoing, Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission in connection with Sponsor’s permitted uses hereunder and each entrant irrevocably waives any and all so-called moral rights they may have therein. Any alterations shall be made in accordance with Sponsor’s ethical guidelines. Sponsor shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity. Sponsor shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission Requirements. By entering the Challenge, each entrant acknowledges and agrees that their Submission may be featured on Sponsor (and Sponsor’s assigns) social media and editorial websites.

PUBLICITY RELEASE: By participating in the Challenge, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in or winner of the Challenge, each entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, likeness, biographical information and Submission, and any individual(s) participating therein, in any and all media in connection with the Website or the Challenge or the marketing and promotion thereof and hereby release the Promotion Entities from any liability with respect thereto.

GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants agree that the Promotion Entities,  Instagram and TikTok (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Challenge or any Challenge-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by accessing the Website or otherwise participating in the Challenge, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Challenge or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Challenge, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Challenge if it determines, in its sole discretion, that the Challenge is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Challenge as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Challenge as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labour dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend or terminate the Challenge. If the Challenge is terminated for Force Majeure before the designated end date, Sponsor will (if possible) select the Prize Winners from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Challenge does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant understands and acknowledges that the Promotion Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Promotion Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Promotion Entity’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Challenge, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

DATES & DEADLINES/ANTICIPATED NUMBER OF PARTICIPANTS: Because of the unique nature and scope of the Challenge, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Challenge. Sponsor cannot accurately predict the number of entrants who will participate in the Challenge.

FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, releases from third parties appearing in the Submission, or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request therefor.

GOVERNING LAW: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CHALLENGE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF SPAIN WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.

JURISDICTION: By participating in this Challenge, each entrant agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (a) the Challenge, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this clause, will be resolved exclusively by the courts of the city of Barcelona (Spain).  

OFFICIAL RULES: These Official Rules are deposited and protocolized before the Notary of Berta García Prieto and Pablo Pleguezuelos Merino, with office at c/Tuset 11, 8th floor, 08006 Barcelona (Spain), and published in the Spanish Electronic Archive of Challenges (“ABACO”), as a service of general interest offered by the Spanish General Council of Notaries and published at http://www.notariado.org/liferay/web/notariado/e-notario and will be available to anyone who wishes to consult them in the profile bio on the Instagram and TikTok pages of @aquadragonsHQ as well as in the website https://aquadragons.net.

PERSONAL DATA PROTECTION:  

Basic information on data protection

 

Controller

World Alive SL

Purposes of the processing

Participation in the Challenge, assess fulfilment of the Official Rules of the Promotion, and notification and payment of the prizes.

Data

Name, surname, ID document, ID in social network, telephone, e-mail, address and bank or PayPal account.

Legitimation of the processing

Interested party’s consent.

Recipient of assignments/ transfers

No transfers to third parties, except for legal duties.

Provenance

Interested party.

Rights of the persons concerned.

Access to and rectification or erasure of personal data, as well as the exercise of other rights as set out in the additional information.

Additional data

https://aquadragons.net/policies/privacy-policy

Additionally, Instagram (https://help.instagram.com/519522125107875) TikTok (https://www.tiktok.com/legal/privacy-policy) and Easypromos (https://www.easypromosapp.com/privacy-policy/) policies apply, as the participation in the Challenge is through those social networks and websites.

MISCELLANEOUS: This Challenge is in no way sponsored, endorsed or administered by, or other associated with Instagram, Inc. or TikTok Inc. You understand that you are providing your information to Sponsor and not to Instagram or TikTok.