Terms & Conditions — Pinterest India Video Awards
1. Participation in the Challenge
The organizer of the “Pinterest India Video Awards” (“Contest”) is Pinterest Singapore Pte Ltd (hereinafter referred to as “Pinterest”).
Participation in the Contest is free of charge and possible in the period from August 1, 2020 up to and including August 16, 2020 (24:00 hours).
In order to validly participate in the Contest, you must submit at least one (1) created Video Pin by uploading a Video Pin on the topics of Food & Drink / Fashion & Beauty / Health & Fitness / Home & Garden / DIY & Art following Pinterest Video best practices to Pinterest. Your video submitted as a part of the Contest must not supply untruthful, incomplete, inaccurate or misleading information. The video submitted by you hereunder 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 Pinterest below. Your video must not (in Pinterest’s sole discretion): (i) violate any third-party rights, including copyrights, trademark rights, or rights of privacy and publicity; (ii) contain disparaging or defamatory statements; (iii) include threats to any person, place, business, or group; (iv) be obscene, offensive, or indecent; (v) depict any risky behavior; (vi) contain material that promotes bigotry, racism, hatred 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 or logos; and/or (viii) violate Pinterest’s Community Guidelines.
By participating in this Contest you represent and warrant that: (i) your video does not violate any applicable law, rule or regulation; (ii) to the extent your video depicts any individual or features the voice or other qualities of any individual, you are the individual pictured, heard, or otherwise featured in the video, or, alternatively, that you have obtained written permission from each person appearing in the entry to grant the rights to Pinterest described in these rules, and will make written copies of such permissions available to Pinterest upon request; (iii) the video complies with the Pinterest Terms of Service and related guidelines; and (iv) the video complies with all requirements of these rules.
You will be solely responsible for all costs relating to making and uploading the video you submit as a part of the Contest, and will not be entitled to be reimbursed by Pinterest in this regard.
If participating in this Contest via your mobile device (which service may only be available via select devices and participating wireless carriers), you may be charged for standard data use from your mobile device according to the terms in your wireless service provider’s data plan. Normal airtime and carrier charges and other charges may apply to data use and will be billed on your wireless device bill or deducted from your pre-paid balance. Wireless carrier rates vary, so you should contact your wireless carrier for information on your specific data plan.
By participating in this Contest, you confirm that (a) you have a free Pinterest profile, and (b) you are a natural person who is at least 18 (eighteen) years old and are resident in India.
Entry in the Contest constitutes your full and unconditional acceptance of the rules mentioned hereunder (read with all hyperlinked terms and conditions) including, but not limited to, your consent to receive email messages from the Pinterest / sponsor solely in connection with the Contest.
By entering the Contest and providing your video in connection with the Contest, you hereby grant to Pinterest 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 video, or any portion thereof (including your name and likeness as shown and conveyed in the video), in connection with the Contest and for other advertising, marketing, and promotional purposes, and to incorporate videos, in whole or in part, into other works in any manner, form, media or technology now known or later developed. Pinterest will have no obligation to publish or use or retain any video you submit or to return any such video 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 Pinterest’s expense, any further action (including execution of affidavits, tax forms, and other documents) reasonably requested by Pinterest to effect, perfect or confirm Pinterest’s rights as set forth above in this paragraph. You will not be entitled to compensation for any use by Pinterest, or its agents, licensees or assignees, of your video.
By entering the Contest and providing your video in connection with the Contest, you agree that, notwithstanding the provisions of Sections 30A and 19 (4) of the Indian Copyright Act, 1957, any license referred to above, shall not lapse nor, shall the rights assigned revert to you, even if the Pinterest do not exercise the licensed rights within a period of one (1) year from the date of its license.
2. Implementation of the Contest
In the context of the “Pinterest India Video Awards” a total of five (5) prizes will be assigned to the best videos and video creators. Five (5) winners will each have a feature in Pinterest’s highlights and via the Pinterest India profile, and all of those winners will receive gifts with a value of Rs. 40,000 (Indian rupees forty thousand only) each and an Individual Coaching Session with local Creator Manager for each of the five (5) winners.
The winners will be selected by a jury of 3 Pinterest employees at the end of the term and will be notified by Pinterest by their Pinterest-registered email. Judges will evaluate entries on the following criteria:
● Adherence to Pinterest best practices for video (25%);
● Creativity of Submission (25%); and
● Originality of Submission (25%); and
● Relevance to the category in which the video was submitted (25%).
Further details regarding the redemption of the prize by Pinterest will then be sent to the winners’ Pinterest-registered email. The claim to the prize only arises if the winner expressly declares acceptance of the prize to Pinterest within three (3) calendar working days of the sending of the prize notification (“acceptance of prize”). Otherwise, a new winner will be selected as a substitute after the expiry of this period. After acceptance of the prize, the prizes will be redeemed within thirty (30) days of receipt of the acceptance of the prize, following personal agreement between Pinterest and the winner. There is no claim for compensation in case of loss. A cash payment of the prizes is not possible. Likewise, claims to prizes are not transferable to other persons, nor are the prizes exchangeable. Pinterest reserves the right to not award prizes in the event that there are not enough qualifying submissions.
3. Data Protection
The personal data provided by the winner will be used solely for the purpose of sending the prize and will only be made available to the sponsors for this purpose. The data will not be passed on to third parties in any other way without the express consent of the winner.
You agree that your name and address data will be collected and transferred to the sponsors in the event of a win for the purpose of sending the prize. By participating in the Contest, you explicitly consent to collection, processing and transfer of such data for the aforesaid purpose.
Likewise, by participating in the Contest the winner agrees that his or her Pinterest profile name and/or entry will be published as part of the Contest.
You can revoke your consent at any time by writing to the organizer at https://help.pinterest.com/en/data-protection-officer-contact-form, whereupon your personal data that has been collected and stored will be deleted immediately. The personal data will be collected and stored in accordance with the applicable Pinterest privacy policy (available at [https://policy.pinterest.com/in/privacy-policy]).
4. Termination of the Contest
Pinterest reserves the right to terminate or amend the terms of the Contest at any time without prior notice, or alternatively postpone, modify or suspend the Contest (or portion thereof), taking due account of the legitimate interests of the respective participants, if for technical or other reasons it is not possible to guarantee the proper execution of the Contest or if the fairness of the Contest appears to be impaired. This does not give you any right to make claims in this regard against Pinterest.
5. Liability
Pinterest is only liable for intent and gross negligence. This does not apply in the event of a negligent breach of a material contractual obligation. These are obligations that are essential for the execution of the Contest, as they are the ones that make it possible in the first place, and on the fulfilment of which the participant may therefore rely. In this case, Pinterest’s liability for simple negligence is limited to the foreseeable damage typical of the Contest.
The limitation of liability does not apply to damages resulting from injury to life, body or health, nor to legal (including product liability law) and contractual guarantees.
6. Miscellaneous
The judges’ decision is final and binding with respect to all matters related to the Contest. There is no actionable claim to the prize or the payment of the cash value. These conditions of participation and the entire legal relationship between you and Pinterest are subject exclusively to the laws of Singapore. Insofar as you participate as a consumer and have your habitual residence in another country, the application of mandatory legal provisions of that country remains unaffected by the above choice of law. Should any provision of these terms and conditions be or become invalid in whole or in part, the validity of the terms and conditions of participation as a whole shall not be affected thereby. The same applies in the event of a regulatory gap in these provisions.
