PINTEREST INDIA DIWALI CHALLENGE — OCT/NOV 2023 TERMS & CONDITIONS

Pinterest India
Pinterest India

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OFFICIAL RULES

Important: Please read these Official Rules before entering this Contest (the “Contest”).
By participating in this Contest, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. Contest void outside India and where prohibited by law. Subject to applicable laws and ordinances.

  1. Eligibility: The Contest is open only to legal residents of India who are at least 18 years old (or the age of majority in their jurisdiction of residence, whichever is older) at the time of entry and possess a web-enabled mobile device as of 31 January 2022, and who have been invited to participate by Pinterest, Inc. (“Sponsor”). Sponsor reserves the right to invite participants based on certain selection criteria in its sole discretion. Directors, officers, members, managers, and employees of Sponsor, and any of its respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising, promotional, public relations, and fulfillment agencies, consultants, legal counsel, web masters, contractors, and immediate family members (spouses, parent, child, sibling, grandparent, and “step” child, wherever they may live) of each are not eligible to win any prize. You cannot enter the contest if it would be prohibited by United States law or other applicable law. You are responsible for ensuring that your participation is permitted by your local State law, and Pinterest shall have no obligation to ensure your compliance with such law. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE. To be eligible to win a prize, entries must be completed and received by Sponsor in the manner and format designated below.
  2. Contest Period: The Contest starts at 12:01 am India Standard Time (“IST”) on 14 October 2023, and ends at 11:59 pm IST on 04 November 2023 (the “Contest Period”). All entries must be received during the Contest Period and meet other requirements in these Official Rules to be eligible to win a prize. Sponsor’s or its designee’s computer is the official time-keeping device for the Contest.
  3. How to Enter: In order to begin this entry process, you must have a Pinterest account. If you do not have a Pinterest account, and you would like to create one for free, visit pinterest.com on your computer or download the free Pinterest app to your mobile device at either the Apple® App Store or the Google® Play store. To enter the Contest, complete the following steps as instructed during the Contest Period:

Step 1: Create at least 1 unique Pin during the Contest Period that is Diwali-themed. To create, click on the + icon of the Pinterest app and add in your content.

Step 2: Submit your Pin(s) by adding the hashtag “#DilKiDiwali” in the title(s) of the Pin(s) and clicking ‘Publish’ or ‘Create’. To qualify, your Pins’ titles have to include the hashtag.

Step 3: The Pin(s) uploaded by the end of the Contest Period will act as an entry to the Contest.

By submitting an entry as instructed above (“Submission”), you agree that your Submission conforms to the Guidelines and Restrictions detailed below. Sponsor may choose to remove any Submission or disqualify you from the Contest if it believes, in its sole discretion, that your Submission fails to conform with the Guidelines and Restrictions. Upon completion of entry steps and compliance with the Guidelines and Restrictions, you will receive one (1) entry into the Contest.

Submission Guidelines and Restrictions

a. Your Submission must not supply untruthful, incomplete, inaccurate or misleading information.

b. Your Submission must be your original creation and be owned 100% by you, or, alternatively, you must have the full rights to grant the license and other rights that you grant to Sponsor in Section 10 below. Modification of an original work is not an original work.

c. Your Submission must not (in Sponsor’s discretion): (i) violate any third-party rights, including copyrights, trademark rights, trade dress, or rights of privacy and publicity (i.e., do not copy your favorite movie, book, song, or photo or include materials, images, or graphics belonging to any third parties unless you have obtained all rights necessary to permit you to use the same in connection with your Submission and grant the rights herein granted to Sponsor); (ii) contain disparaging or defamatory statements or misrepresent or contain disparaging remarks about Sponsor or its service or other people, products, or companies; (iii) include threats to any person, place, business, or group or otherwise dangerous activity; (iv) be obscene, offensive, or indecent; (v) depict any risky behavior; (vi) contain material that promotes bigotry, racism, hatred, violence, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; (vii) contain unauthorized third-party trademarks. corporate logos, brand names, charities, slogans, political or religious statements; and/or (viii) cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.

d. You represent and warrant that: (i) the Submission does not violate any applicable law, rule or regulation; (ii) to the extent the Submission depicts any individual or features the voice or other qualities of any individual, you are the individual pictured, heard, or otherwise featured in the Submission, or, alternatively, that you have obtained written permission from each person appearing in the entry to grant the rights to Sponsor described in these Official Rules, and will make written copies of such permissions available to Sponsor upon request; (iii) the Submission complies with these Official Rules, the Pinterest Terms of Service and related guidelines; and (iv) the Submission complies with all requirements of these Official Rules.

e. Your Submission must not have been submitted previously in a Contest or promotion of any kind or previously exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means.

f. The Submission must not contain viruses, Trojan horses, worms, bots, spyware or any other computer code that is intended to damage, interfere with, or surreptitiously intercept or expropriate any system, data or information. Automated, script, macro or robotic Submissions will be disqualified.

To participate in this Contest, you must use your computer or web-enabled mobile device (which service may only be available via select devices and participating wireless carriers, and is required to enter), and you may be charged for standard data use from your mobile device according to the terms in your wireless service provider’s data plan.

4. Identity of Entrant: All Submissions must be submitted by each individual entrant. Bulk or automated entries will be disqualified (including entries made using any script, macro, bot, or promotional service). Multiple participants are not permitted to share the same email account. Any attempt to obtain additional entries through fraud or other illegitimate means will result in disqualification, at Sponsor’s discretion.

In the event of a dispute about the identity of the entrant, entries will be declared made by the authorized account holder of the email address associated with the Pinterest account on which the Submission is made. An “authorized account holder” means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Potential winner may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the email account associated with the winning entry.

5. Selection and Notification of Winners: At the conclusion of the Contest Period, all eligible Submissions received will be judged by a panel of judges selected at Sponsor’s discretion. The judges will score each Submission based on the following criteria (“Judging Criteria”):

Judging Criteria:

Mandatory criteria for Pins to be qualified for judging:

i. Content cannot be determined, at Sponsor’s discretion, to be spammy, harmful or inappropriate

ii. Content on Pins have to be original and belong to the person submitting it

iii. Pins submitted have to be created within the Contest Period

iv. Include the hashtag #DilKiDiwali in the Pin title

Winners will be selected by a jury of Pinterest employees at the end of the Contest Period. The jury will evaluate entries based on the following criteria:

i. Relevance to theme — Content on Pins must be deemed relevant to the theme of Diwali, as determined at Sponsor’s discretion (50%).

ii. Creativity and aesthetics (25%)

iii. Usage of Pinterest’s in-app editing tools (25%)

The potential winner will be notified via email and to the fullest extent permitted by applicable law, Sponsor will require the potential winner to sign and return, within seven (7) calendar days of being notified, a Declaration of Eligibility, Release of Liability/Publicity Release and Assignment of Rights (where legal) (“Prize Documents”) in order to claim his/her/their prize. If (i) the attempted notification is returned as undeliverable without a forwarding email address; (ii) the required Prize Documents are not returned within seven (7) calendar days; or (iii) if a potential winner is otherwise unable to accept the prize as stated, the prize will be forfeited and will be awarded to an alternate winner in accordance with the Judging Criteria. Sponsor assumes no responsibility for undeliverable Prize Documents for any reason, including from any form of active or passive filtering by any social media platform or entrant’s account or email settings or for insufficient space in an entrant’s user account to receive notifications or emails. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.

Verification of Potential Winner: POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT THE PRIZE WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE AND NO FURTHER ACTION IS NEEDED.

6. Prize: 20 winners will receive an invite to a paid partnership, where they will have to create 3 commissioned Pins and will be paid INR 20,000. 30 winners will each receive an Amazon India voucher worth Rs 750 from Pinterest. Each winner can be rewarded for up to 1 eligible Submission. All applicable income and other taxes on the prize are the winner’s sole responsibility. Return of prize as undeliverable will result in disqualification and, at Sponsor’s sole discretion, the prize may be awarded to an alternate winner. Prize Restrictions: ALL APPLICABLE TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Prize is not transferable or assignable. No substitution or exchange of prize will be permitted. Sponsor will not replace any lost or stolen gift card. Only the 50 prizes (one per winner) stated in these Official Rules are available to be won in the Contest.

All costs not explicitly set forth in these Official Rules are the sole responsibility of the winner, and Sponsor will not provide any compensation or reimbursement for these costs.

7. Disclaimer: Sponsor, and any of its parent companies, subsidiaries, affiliates, directors, officers, professional advisors, consultants, contractors, legal counsel, public relations firms, employees and advertising, fulfillment and marketing agencies (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, incorrect, inaccurate, misrouted, garbled or distorted or damaged transmissions or entries whether caused by Internet users or by any programming associated with or utilized in the Contest or any technical or human error which may occur in the processing of the entries; (b) phone, electronic, hardware, software, network, Internet, or other computer or communications-related malfunctions or failures beyond Sponsor or the Released Parties’ reasonable control; © any Contest disruptions, injuries, losses or damages caused by events beyond the reasonable control of Sponsor or the Released Parties by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Contest.

8. Limitations of Liability; Releases: By entering the Contest, you release Sponsor and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or delivery, misdelivery, acceptance, possession, use of, misuse of or inability to use the prize (including claims, costs, injuries, losses and damages related to rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SPONSOR OR THE RELEASED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR PARTICIPATION IN THE CONTEST OR USE OR INABILITY TO USE THE PRIZE, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE RELEASED PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE CONTEST OR YOUR USE OR INABILITY TO USE THE PRIZE EXCEED $10USD. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT EXCLUDE OR LIMIT LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS BOUGHT FROM THE SPONSOR, OR FOR THE RELEASED PARTIES’ GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FOR FRAUD.

9. Use of Winner’s Name, Likeness, etc.: To the fullest extent permitted by applicable law, entry into the Contest constitutes permission to use your name and hometown for advertising, marketing, and promotional purposes without further permission or compensation (including in a public-facing winner list). As a condition of being awarded the prize, except where prohibited by law, winner may be required to execute a consent to the use of their name and hometown. By entering this Contest, you consent to being contacted by Sponsor for any purpose in connection with this Contest.

a. License to Submission: By entering the Contest and providing your Submission in connection with the Contest, you hereby grant to Sponsor a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense your Submission, or any portion thereof (including your name and likeness as shown and conveyed in the Submission), in connection with the Contest and for other advertising, marketing, and promotional purposes, and to incorporate Submissions, in whole or in part, into other works in any manner, form, media or technology now known or later developed without any further notice to or permission by you. Sponsor will have no obligation to publish or use or retain any Submission you submit or to return any such Submission to you. You agree that it is your sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this paragraph. You agree to take, at Sponsor’s expense, any further action (including execution of Declaration, tax forms, and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor’s rights as set forth above in this paragraph. You will not be entitled to compensation for any use by Sponsor, or its agents, licensees or assignees, of your Submission.

b. Privacy: See Sponsor’s Privacy Policy at https://policy.pinterest.com/en/privacy-policy. Any personal information that you provide in connection with the Contest shall be used by Sponsor to administer this Contest, contact entrants, and for the other purposes set forth in the Sponsor’s privacy policy. By entering this Contest, you agree to Sponsor’s collection of personal information and acknowledge Sponsor’s privacy policy. Your personal data/entry information will be transferred to the United States. You have a right of access to, modification and withdrawal of your personal data. You also have the right of opposition to the data collection, under certain circumstances. To exercise such right, you may visit our Help Center at https://help.pinterest.com/en/contact. If you are determined the winner, your information may also be included in a publicly-available winner list.

10. Winner List; Rules Request: For a copy of the winner list, available after 10 November, 2023, please email creatorsin@pinterest.com with the subject line “Pinterest India Diwali Challenge 2023”.

11. Intellectual Property Notice: PINTEREST is a trademark of Pinterest, Inc. The Contest and all accompanying materials are copyright © 2022 by Pinterest, Inc. All rights reserved.

12. Disputes: EACH ENTRANT AGREES THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST OR PRIZE AWARDED WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OR THE APPROPRIATE STATE COURT LOCATED IN SAN FRANCISCO, CALIFORNIA IN THE UNITED STATES. THESE OFFICIAL RULES ARE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA IN THE U.S. WITHOUT REGARD TO CHOICE OF LAW OR CONFLICT OF LAWS RULES. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS.

13. General Conditions: Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its sole discretion, and to modify, suspend or cancel the Contest or any entrant’s participation in the Contest should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor’s reasonable control affect the administration, security or proper play of the Contest, or Sponsor otherwise becomes (in its discretion) incapable of running the Contest as planned and in the event of cancellation all Submissions will be judged based on the judging criteria to determine the winner. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Contest, tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to Sponsor, the Contest or any other entrant (as determined in Sponsor’s discretion) are subject to disqualification from the Contest. Any attempt by an entrant or other individual to deliberately damage any app associated with this Contest or undermine the legitimate operation of the Contest may be in violation of criminal and civil law and Sponsor reserves the right to prosecute and seek damages from any such person to the fullest extent permitted by applicable law. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Contest. Sponsor reserves the right to disqualify any entries received that contain inappropriate or offensive content. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. The use of the terms “include” or “including” in these Official Rules is illustrative and not limiting.

14. Sponsor: Pinterest, Inc., 651 Brannan Street, San Francisco CA 94107 USA.

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