Bridal Competition Legal Terms & Conditions
Terms and Conditions: #LipSync4UrGown Instagram Competition
1. This document regulates the Terms and pertaining to the participation in an international competition conducted in the Instagram by Alon Livne Design Ltd. (“Organizer”), and is aimed to individuals that comply with all of the following criteria: they are brides to be, of at least 18 years old age, with a public Instagram account and a follower of @AlonLivneWhite (“Participant”) ("Competition").
2. In these Terms and Conditions - the term “You” and “Your” (as applicable) refers to the Participant. the term "Organizer" also includes any of the Organizer affiliates, directors, employees, agents, subsidiaries, successors, assigns and licensor, including Mr. Alon Livne.
3. These Terms and Conditions govern Your participation in the Competition. By participating in the Competition You are deemed to have read and agreed to these Terms and Conditions.
How to participate
1. In order to participate in the Competition, a Participant must follow @alonlivnewhite on Instagram, upload in her Instagram account, a video, of between 5-45 seconds long in which Participant appears, lip-syncing to a song of her choice, and tag such video: #LipSync4UrGown ("Tag" and "Video" respectively).
2. A Participant who is willing to participate in the Competition must tag and upload her Video no later than APRIL 4, 2017 ("Closing Date").
Selecting the winner
1. The Organizer does not promise or guarantees that it shall view all Videos uploaded. The Organizer is entitled, at its sole discretion, to view only part of the Videos uploaded. The Organizer may decide, at its sole discretion, that no Video wins the Competition in which case no Participant will be entitled to a Prize. The Organizer may chose, at its sole discretion, a winning Video. In the event that the Organizer chose certain Video to be the winning Video, then, provided that the Participant who uploaded such Video complies with all criteria, such Participant will be entitled to receive the Prize, subject to these Terms and Condition. By participating in the Competition You warrant and represent that the Organizer’s decision regarding the Winner (as defined hereafter) is final and binding on all Participants, and You hereby waive any right to object and/or appeal and/or otherwise challenge any such decision. The Participant who uploaded the winning Video ("Winner") will be announced via private Instagram messaging ("Winning Announcement").
1. The Winner will be granted with one of Organizer's wedding designs selected by the Winner from the following designs (“Prize”), images of which can be viewed in the Organizer’s website - 1. Melanie 2. Eva 3. Diana 4. Dorian 5. Angel 6. Helen 7. Beatrice 8. Beth 9. Blair 10. Chloe
2. It is expressly emphasized that the Images in the Organizer’s website are for illustration purposes only and that Organizer does not guarantee that a selected Image or design will be available (in such case an alternative available design will be offered to the Winner) or that the Prize granted will be compatible with or similar to any of the said Images. There is no possibility to request changes (in color or any other aspect) or additions (such as jewelry, accessories and the like) to the design.
3. In order to be entitled to receive the Prize, The Winner must send a confirmation notice containing the following details to a designated E-mail address (PRESS@ALONLIVNE.COM), no later than 14 days following the Winning Announcement: i) The Winner's selected design; ii) The Winner's exact measurements according to a chart that will be sent to the Winner iii) A mail address / phone number ("Confirmation Notice").
If such Confirmation Notice is not received by the Organizer prior to the said date, for any reason whatsoever, then – notwithstanding anything to the contrary, the Winner will not be entitled to receive the Prize.
4. The Prize will be granted to the Winner on a personal basis ant it is non-transferrable. No cash alternative will be offered. There will be no alterations, nor repairs, corrections or improvements to the Prize, under no circumstances, regardless of the degree of fit of the Prize to the Winner and/or to the Winner's measurements, and/or to the condition of the Prize upon arrival to the Winner. By participating in the Competition, You warrant and represent that You acknowledge the possibility of inaccuracy, mismatch or errors to the Prize and you waive any claim, right or demand against the Organizer in this respect.
5. All Taxes and customs fees, import tax, if applicable (except for shipping cost), shall be borne and incurred by the Winner.
6. The Organizer assumes no responsibility with respect to the delivery and/or the arrival of the Prize to the Winner, including for any delays, for any reason whatsoever, nor for any damage that may be caused to the Prize during transit (including faults or rifts to the Prize).
Intellectual property and third party rights
1. Participant assumes sole responsibility and liability for the legality, reliability, integrity, accuracy, quality and non-infringement of the Video and the compliance thereof with all applicable laws and regulations.
2. Participant hereby warrants and represents that: (a) Participant owns or controls any and all rights in and to the Video and any part thereof and that the Video is an original works of the Participant; (b) the Video or any part thereof do not infringe upon any right, title or interest of any person or entity, that the rights granted herein to Organizer and the exercise of such rights shall not violate or infringe upon the right, title, privilege and/or interest of any third person or entity nor required to pay any person or entity any monies whatsoever [including, without limitation, any royalties, and including to third parties participating in the Video] (c) In case of third parties participated in the Video, such third Parties gave their unconditional consent to such participation and the use of the Video as provided in these Terms and Conditions without any compensation; (d) The Video shall not violate any law, statute, ordinance or regulation; (e) The Video shall not be malicious or derogatory; (f) The Video shall not be harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or contain pornography or racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense.
3. Organizer is not obligated to monitor the Video (although reserve the right to do so) and do not assume any liability for any Video. Organizer reserves the right, exercisable at its sole discretion, to remove the Tag from the Video and/or the Video as a whole, and to reject Your participation in the Competition without notice or explanation, or to demand such removal. In such case, the Participant shall promptly remove such Tag and/or Video in full compliance with the Organizer's request.
4. By participating in the Competition You warrant and represent that You and any third parties participated in the Video, are aware of the fact and expressly and irrevocably agree that the Video will be available for view for all Instagram users and You and such third parties waive any right, claim and/or demand against the Organizer in connection with anything related to the Videos and/or the view thereof by any third party.
5. Participant grants the Organizer with a perpetual, irrevocable, royalty-free, license to edit, publish, translate, modify, adapt, make available and distribute the Video throughout the world in any media now known or hereafter invented. The Participant undertakes to complete any necessary documentation to formalize the license.
1. The Prize will be granted to the Winner on an "as is", "as available" basis. Organizer does not give any warranty or representation of any kind whatsoever, express or implied, including but not limited to, any warranty with respect to merchantability and/or fitness of the Prize for a particular purpose.
2. To the fullest extent permitted by law, Organizer excludes all representations and warranties relating to the Competition, the Prize and/or the delivery thereof, the Winner selecting process, or any other matter relating thereto, including in relation to any faults, errors and/or omissions that may arise or discovered in the Competition.
3. Organizer does not guarantee, represent or warrant that Your participation in the Competition will be uninterrupted, timely, secure or error-free, or that any errors in the operation of the Competition will be repaired or corrected.
4. To the fullest extent permitted by law, Organizer excludes any liability for any disruption, failure or non-availability of any means of communications and/or telecommunication network including the internet web, cellular network and/or any web site or links.
5. You expressly waive any rights, claims and/or demands against the Organizer in this matter.
1. To the fullest extent permitted by law, Organizer shall have no liability vis a vis any Participant, of any kind whatever. The participation of a Participant shall be at such Participant's sole risk and expense. In particular, Organizer shall have no liability for any losses and/or damages whatsoever, whether in contract, tort or otherwise, arising out of or in connection with a participation in the Competition, including, without limitations, with respect to an inability to Participate and/or to upload or tag a Video, for any reason whatsoever, and including further, for any direct or indirect loss, loss of profits, loss of business, loss of opportunity, damage to reputation, damage to privacy, loss of data, loss of a Video or any part thereof (whether or not such loss or damage was foreseeable, arose in the normal course of things or Organizer has been advised of the possibility of such potential loss), or for any other direct or indirect, consequential or incidental damages, including any damage to the Prize.
2. The Organizer does not promise or guarantee that it shall view all Videos uploaded. The Organizer assumes no responsibility for any Videos that are incomplete, illegible, corrupted or fail to reach the Organizer before the Closing Date for any reason whatsoever. Proof of sending is not proof of receipt.
1. You agree to indemnify and keep the Organizer harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from: 1) any claims that the Video infringes the privacy, personal and/or proprietary right of any third party and/or any applicable law, or 2) any other claim in connection with Your participation in the Competition.
2. The Organizer will use and transmit to third parties any data submitted by You for the purposes of running and administrating the Competition and/or if it is required due to legal obligation, administrative, or court order.
Termination / Cancellation / Alternation
1. The Organizer is entitled, at any time and at its sole discretion, to supplement, change and/or modify any of the terms or conditions of the Competition and/or to discontinue, terminate, suspend or cancel the Competition, including by canceling or amending any or all part of the Competition and/or the Terms and Conditions.
2. Any changes to the Terms and Conditions and/or the Competition, including the Prize, may be updated/posted on one or more of the Organizer various platforms (Facebook, Twitter and Instagram). It is Your sole responsibility to keep informed as per any such changes or any aspect thereof.
Governing law and jurisdiction
1. These Terms and Conditions and Your Participation in the competition are governed by the laws of the state of Israel. Any dispute or action in connection with these Terms and Conditions and/ or Your Participation in the competition shall be brought exclusively to the competent courts in the city of Tel Aviv, Israel, which shall have sole and exclusive jurisdiction over any such dispute and action, to the exclusion of any other jurisdiction. You irrevocably agree to the jurisdiction of such courts.
1. The Winner agrees to take part in reasonable post event publicity and to the use of the Winner's names and photographs and/or Video for such purpose whit no consideration, remuneration, royalty, reimbursement of costs or expenses or any other type of payment whatsoever in connection with the foregoing.
2. These Terms and Conditions add to the Instagram’s Terms and Conditions and do not derogate from them. By participating in the Competition You are deemed to have read and agreed to the Instagram’s Terms and Conditions, accept it and agree to abide by it.
3. If any of these Terms deemed invalid or unenforceable for any reason, then the invalid or unenforceable provision will be severed from these Terms and the remaining terms will continue to apply.
4. Failure by Organizer to enforce any of the provisions set out in these Terms and Conditions shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or any part thereof, or the right thereafter to enforce each and every provision.