"1MX FAN CALL X"
PROMO TERMS AND CONDITIONS
BY PARTICIPATING IN THE PROMO, EACH PARTICIPANT CONFIRMS THAT HE/SHE READ AND UNDERSTOOD THESE TERMS AND VOLUNTARILY, KNOWINGLY AND UNCONDITIONALLY ACCEPTS AND AGREES TO COMPLY WITH THE PROMO TERMS AND CONDITIONS AND REPRESENTS THAT HE/SHE SATISFIES ALL ELIGIBILITY REQUIREMENTS BELOW. THE DECISION OF ABS-CBN EUROPE LTD. SHALL BE FINAL AND BINDING IN ALL RESPECTS. THE PROMO PERIOD BEGINS JUNE 17, 2023, AT 00:01 AM LONDON TIME, AND ENDS ON JUNE 28, 2023, AT 11:59 PM LONDON TIME (“PROMO PERIOD”). VOID WHERE PROHIBITED.
This Promo is in no way sponsored or administered by or associated with Facebook and/or Instagram. The Participant understands that he/she is providing information to ABS-CBN and its affiliates, and in accordance with the Terms and Conditions below. The Participant agrees to release Facebook and/or Instagram completely of all liability in relation to his/her participation in the Promo.
1. The Promotion: The “1MX FAN CALL X” Promotion (the “Promo”) is a raffle promotion implemented by ABS-CBN Europe Ltd. (“ABS-CBN”) during the Promo Period for the festival attendees of 1MX London to be held on July 8, 2023 at Dockyards London, UK (the “Event”).
2. Eligibility: The Promo is open to those who are: (a) legally (whether temporarily or permanently) living, residing, working, studying or staying, in the United Kingdom, or in other European countries, at the time of and during the entire duration of the Promo Period; (b) of legal age in the country where he/she is as of the date he/she joined the Promo; and (c) have purchased tickets to the Event (each a “Participant”). VOID WHERE PROHIBITED.
The following persons are NOT eligible to participate in the Promo: (a) directors, officers, employees, shareholders, representatives, and/or agents of ABS-CBN, and/or of any advertiser or sponsor of the Promo; (b) persons engaged in the development, production, implementation, or distribution of materials for the Promo; and (c) persons who are immediate family members (defined as spouse or life partner or biological or step-mother, father, sister, brother, daughter, or son and each of their respective spouses) of any person in either (a) or (b), regardless of where they live, and/or individuals who reside in the same household, whether related or not, as any person in any of the preceding categories.
3. Agreement to Rules: By participating in the Promo, Participant confirms, represents and warrants that: (a) he/she has read and understood these Term and Conditions; (b) agrees to be fully and unconditionally bound by these Terms and Conditions; and (c) he/she/they meet/s all of the Eligibility requirements, is not among any of the persons identified above as not eligible to participate in the Promo and is not otherwise disqualified under these Terms and Conditions. In addition, the Participant agrees to accept the decisions of ABS-CBN in connection with the Promo as final, binding and non-appealable.
This Promo is in no way sponsored, endorsed, administered by, or associated, with Facebook and/or Instagram. Participant agrees to release Facebook and/or Instagram completely of all liability in relation to his/her participation in the Promo.
4. Mechanics: Participant may enter the Promo during the Promo Period by doing the following:
a. Take a selfie of Participant with Participant’s ticket to the Event (covering the sensitive details indicated in the ticket).
b. Post the selfie publicly on Participant’s account on Facebook or Instagram, and including the official hashtags for this Promo: (1) #1MXLDNFanX and, (2) the hashtag of the artist you want to talk to: #JanineAt1MXLDN #MaymayAt1MXLDN
All elements (i.e., photo, personal information, caption and/or description and
Official Hashtags) of Participant’s submission is considered an “Entry”. Tagging and sharing of the Facebook posts are not required to constitute a valid Entry. Once Participant submits an Entry, this Entry is considered final and may not be modified. ABS-CBN will not send any confirmation of receipt of any Entry.
The Participant shall indemnify and hold ABS-CBN free and harmless from and against all claims, losses, costs, penalties, suits, judgments, settlements, damages, or expenses (including counsel fees), which may be filed by any third party, or which ABS-CBN may suffer or incur by reason of or in connection with the Participant’s Entry.
The Participant shall also comply with the following guidelines for the Entries (“Entry Guidelines”):
i. The Entry must not include, depict, or promote any illegal, violent, dangerous or discriminatory behavior or contain any material that is threatening, indecent, violent, obscene or offensive;
ii. The Entry must not contain any material that violates or infringes upon the rights of any third party, including without limitation any copyright, trademark or right of privacy or publicity, or that defames any person, or that is unlawful, in violation of or contrary to any applicable law or regulation;
iii. The Entry must not include nor depict any material that ABS-CBN, in its sole discretion, deems inappropriate for public viewing and/or display; i. The Participant has obtained all permissions, licenses and consents that are necessary for the Entry.
By submitting an Entry, each Participant agrees that he or she has no right to bring (and covenants not to bring) any claim, action, or proceeding of any kind or nature whatsoever relating to the Promo or the Entry against ABS-CBN, their affiliates, and their respective officers, directors, employees and agents, and any individual or company involved in the development or execution of this Promo.
5. Prizes. Up to five (5) Winners per Category (with each Event artist considered as comprising of one (1) Category) will receive: (a) Admission of one (1) individual to participate in a facilitated group Fan Call (via Zoom) for approx. 5-10minutes with their selected artist (based on the hashtags included in the Entry), on July 1, or July 2, 2023 (depending on artist’s schedule and availability) with approximate retail value of GBP80.00; and, (b) Signed Event merchandise (e.g. shirt and bucket hat) with approximate retail value of GBP10.00. Total approximate retail value of the Prizes to be awarded in this Promo is GBP90.00.
No prize substitution shall be permitted except at ABS-CBN’s sole discretion. The prize is non-transferable. Any and all prize-related expenses, including without limitation any and all taxes, shall be the sole responsibility of the WINNERS. Prizes are non-transferable and non-changeable. Prizes will be deemed void if sold, transferred, auctioned or assigned to any third party. Sponsor reserves the right in its sole discretion to substitute a Prize in whole or in part with one of comparable or greater value. All costs and expenses associated with Prize acceptance and use not specifically provided herein are the responsibility of the Winner. Acceptance of the Prize constitutes permission for ABS-CBN to use the Winners’ name, likeness, and their Entry for purposes of promotion, marketing, and advertising, unless prohibited by law.
Winners will be determined and announced on June 30, 2023. Winners shall be contacted by an ABS-CBN Representative and shall be advised on how to claim and access the Prize.
All Winners may be required to verify their eligibility by completing, signing, and returning an Affidavit of Eligibility/Liability Release/Publicity Release. A failure to sign such Affidavit of Eligibility/Liability Release/Publicity Release may result in Winner’s forfeiture of the Prize. If the Prize is forfeited, Sponsor will award the Prize to the next highest rated Entry. At any period during the Promo, ABS-CBN may conduct a background check on the Winners or any Participant. ABS-CBN reserves the right to disqualify any person from receiving any prize or attending any events, based on such background check if ABS-CBN determines, in its sole discretion, that awarding any prize to such Winner, or permitting the participation of the Participant in the Promo, could result in a safety or security risk to any person or persons or could result in the disruption of any event associated with the Promo.
6. Grant of Rights: The Participant hereby grants ABS-CBN, and its subsidiaries and affiliates, an unencumbered, perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, translate, publish, record, exhibit, broadcast, rebroadcast, encode, compress, encrypt, synchronize, display, publicly perform and distribute his/her Entry, submission, or information arising out of or related to the Promo, in whole or in part, in any and all media or platform now existing or hereinafter developed. Participant waives and agrees not to assert Participant’s “moral rights”, if any. Without limiting the foregoing and for the avoidance of doubt, Participant gives his/her consent to ABS-CBN, to use any and all portions of the Entry for marketing, promoting and exhibiting the Promo.
7. Representations and Warranties: By participating in the Promo, the Participant represents and warrants that:
the Entry does not contain illegal, obscene, defamatory, objectionable or infringing material. The Participant understands and agrees that ABS-CBN does not support nor endorse any Entry and such Entry does not necessarily reflect the opinion or policies of ABS-CBN, its subsidiaries and affiliates, nor of their employees, directors, shareholders, officers, agents, or representatives.
he/she owns, and/or has secured any and all necessary rights in and to the Entry, including any element thereof or component therein. The Participant also represents and warrants that his/her Entry does not violate the right of any party or entity, including but not limited to invasion of privacy or infringement of intellectual property rights. If the Entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, the Participant shall, at his/her sole expense, defend or settle such claims. The Participant shall indemnify, defend, and hold ABS-CBN free and harmless from and against any and all suit, proceeding, claims, liability, loss, damage, costs or expense, which ABS-CBN may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
8. Modification: ABS-CBN reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promo should a technical virus bug, or glitch, non-authorized human intervention, inappropriate, improper or unauthorized conduct, or any other cause beyond ABS-CBN’s control, corrupt or affect the administration, security, fairness, or proper conduct of the Promo. In such case, ABS-CBN may select the Winners prior to and/or after (if appropriate) the action taken by ABS-CBN. ABS-CBN reserves the right, in its sole discretion, to disqualify any individual who is found or suspected to be tampering with the entry process or the operation of the Promo, to be acting in violation of these Terms and Conditions, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promo, or to annoy, abuse, threaten or harass any other person or otherwise violates these Terms and Conditions. ABS-CBN has the right, in its sole discretion, to maintain the integrity of the Promo. Any attempt by Participant to deliberately damage or undermine the legitimate operation of the Promo may be a violation of criminal and civil laws. Should such attempt be made, ABS-CBN reserves the right to seek damages to the fullest extent permitted by law.
9. Force Majeure: In no event shall either ABS-CBN be liable to the Participant for any loss or damage, or be deemed to be in breach of these Terms, due to any delay or failure to perform its obligations if such delay or non-performance is due to causes beyond the control of ABS-CBN, including but not limited to government restrictions, political sanctions, exchange or market rulings, labor strike, war, act of civil or military authority, sabotage, epidemic, pandemic, lockdowns, flood, earthquake, fire, other natural disaster, supply shortages, general or telecommunications outage or any other event, condition or occurrence beyond the reasonable control of ABS-CBN (a “Force Majeure Event”).
10. Indemnification: By participating in the Promo, the Participant hereby agrees to release and hold ABS-CBN and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors free and harmless from any and all liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, including, but not limited to, from: (i) such Participant’s participation in the Promo and/or his/her/their acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the Promo; and (v) electronic or human error in the administration of the Promo.
11. Disputes: All issues and questions concerning the construction, validity, interpretation and enforceability of the Promo Terms and Conditions, or the rights and obligations in connection with the Promo, will be governed by the laws of England and Wales.
As a condition for participating in the Promo, Participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Promo, shall be resolved through binding and final arbitration instead of through court proceedings.
12. Privacy Policy: ABS-CBN is collecting your information (name, country of residence, email address, Facebook account name, etc.) for the purposes of running and operating the Promo. We may use and disclose your information for the purposes of operating the Promo, as well as any other use and disclosure practices described in our Privacy Policy, including transfers of the information to countries described in the Privacy Policy. If you do not provide this information, we will be unable to process your request to enter the Promo. A copy of the Privacy Policy may be found on the Promo Campaign Page.
13. General: These Terms and Conditions cannot be modified or amended in any way except in a written document issued by ABS-CBN. The invalidity or unenforceability of any provision of these Terms and Conditions 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 Terms and Conditions 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. The Promo is void where prohibited by law. By joining and participating in the Promo, the Participant affirms that he/she has read, reviewed, understood, accepted, and agreed to all of the Terms and Conditions.
Contact Us
If you have any questions or comments, please contact ABS-CBN through this email address: customerserviceEU@abs-cbn.com
Date: June 16, 2023