1.1. DOMESTIKA INC. (hereinafter, “DOMESTIKA”), with registered office at 2001 Addison St. Suite 300 Berkeley, CA 94704 USA, is organizing a competition entitled “31 DAYS, 31 PHOTOS”, which will be governed by these Terms and Conditions.
1.2. Neither Facebook nor Instagram are, in any way, sponsoring, guaranteeing, or organizing this competition and in no way may it be deemed that they are associated with it.
2. GEOGRAPHICAL SCOPE
The geographical scope of this competition is worldwide.
The competition will begin on 1 of August, 2022 at 00:00 (time in San Francisco, California) and it will end on 31 of August, 2022 at 23:59 (time in San Francisco, California), both times inclusive.
4.1. All-natural persons aged over 16 years old, resident in any part of the world and registered on the DOMESTIKA website may enter the competition.
4.2. The following persons may not enter:
- employees of DOMESTIKA or of companies in its business group;
- any persons that have directly or indirectly been involved in holding, organizing, or running the competition;
- direct family members up to the first degree of kinship of any of the persons mentioned above.
- any person to whom their participation or operation of such contests would be prohibited by law (including in jurisdictions or countries where participation in the contest is prohibited by law).
5. HOW THE COMPETITION WORKS
5.1. Entry in the competition is free of charge.
5.2. To be able to enter the competition, participants must
- Take a photo inspired by the chosen topic.
- Post the photo of the day indicating the number and the corresponding theme, with the hashtag #31days31photos and tagging @domestika_en on instagram.
- They can participate as many times as they want.
5.3. Each participant may enter once a day while the competition is taking place.
5.4. Once the competition has ended, DOMESTIKA will choose among all users that have posted at least 1 photo in compliance with these Terms and Conditions 1 winner and 3 alternative winners (in case it is not possible to deliver the prize to the winners).
6.1. DOMESTIKA will contact each of the winners by sending an e-mail to the e-mail address associated with their Domestika user account to arrange processing/sending of the prize. If the winner cannot be found or fails to reply or to send the information requested in the four working days following the communication, they will lose their right to the prize. In this event, DOMESTIKA will deliver the prize to an alternative winner, who will have the same period of time to answer and/or send the information requested. If DOMESTIKA is unable to find any of the winners or the alternative winners or if they fail to respond or to send the information requested, the prize will remain the property of DOMESTIKA.
7.1. The prize is a Domestika course of your choice.
7.2. In no event may the prize be exchanged for cash. Neither will it be possible for the winner to request that the prize be changed, altered or offset. Offering the prize for sale is strictly prohibited and any attempt in this regard will lead to automatic withdrawal of the prize. The prize is strictly personal and it may not be assigned to third parties. Waiver of the prize by the winner will not give rise to the right to remedy or compensation.
7.3. DOMESTIKA reserves the right to change the prize to a different one with similar characteristics or of a similar value.
7.4. DOMESTIKA reserves the right to declare the prize null and void in the event that none of the participants meet the requirements laid down in these Terms and Conditions.
7.5. DOMESTIKA will accept no liability for any possible claims related to enjoyment of the prize or for any possible expectations in relation to it.
7.6. DOMESTIKA will assume no liability nor must it pay any compensation in the event that it is not possible to deliver the prize (or if delivery delays arise) owing to the winner’s place of residence and the applicable legislation. Furthermore, DOMESTIKA will accept no liability in the event that the data provided by the winner for delivery of the prize are erroneous or incomplete.
8. RIGHT TO EXCLUDE
8.1. DOMESTIKA reserves the right to refuse to accept, to disqualify, and to automatically and immediately exclude from the competition any participants who:
- Breach the provisions of these Terms and Conditions.
- Register for the competition using false data (or if there are signs that could reasonably lead to the conclusion that the data are false). To this end, DOMESTIKA may ask to verify the participant's data.
- Manipulate their entry or the process to select the winner in any way that may be considered fraudulent or artificial.
- Infringe upon good faith; behave dishonestly or inappropriately; induce, incite, or encourage acts that are criminal, denigrating, violent, or, in general, contrary to law, morality, good custom, or public order; or whose entry is, in the view of DOMESTIKA, deemed inappropriate, offensive, harmful, discriminatory, or capable of infringing upon third-party rights (including, but not limited to, intellectual or industrial property rights or image rights).
- Use the competition to advertise third-party goods or services.
8.2. Furthermore and where applicable, DOMESTIKA may remove any comments or publications by the participant that, in its view, are deemed to be inappropriate, offensive, harmful, or discriminatory, or that infringe upon third-party rights.
8.3. In the event that the irregularities are identified subsequent to effective awarding of the prize, DOMESTIKA reserves the right to withdraw said award.
8.4. DOMESTIKA reserves the right to take legal action against anyone who carries out any type of act that could be considered to represent manipulation or falsification of the competition.
9. ASSIGNMENT OF INTELLECTUAL PROPERTY RIGHTS
9.1. Participants assign to DOMESTIKA the rights to reproduce, publicly announce (including making publicly available), and adapt the works/creative contributions that they have submitted within the framework of this competition so that DOMESTIKA may use them in any activity (including advertising and/or promotional activities) that is related to this competition or use them in any way to promote the work of participants by using any outlet or medium. This assignment will be worldwide, for the duration of the maximum legal term for intellectual property rights, and free of charge.
9.2. To clarify, the author of the works/creative contributions submitted by a participant within the framework of this competition will be the participant and, consequently, DOMESTIKA will always include the author’s name when it uses said works/creative contributions pursuant to the terms laid down in the preceding paragraph.
9.3. Participants represent and warrant that the works/creative contributions submitted to enter this competition are original and that they do not infringe upon third-party rights and that they will hold DOMESTIKA harmless in the event of any claim that may be made against it as a result of the breach of said representations and warranties.
10. CONSENT TO DOMESTIKA USING THE NAME AND IMAGE OF PARTICIPANTS
10.1. Participants expressly consent to DOMESTIKA reproducing, using, and disseminating their name and surname(s) in addition to any image or recording of the participant obtained within the framework of this competition, through any outlet or medium and in any advertising and/or promotional activity related to the competition, without any geographical or time restrictions. In no event may it be deemed that said use gives the participant any type of right to remuneration or benefit.
11. PERSONAL DATA PROTECTION
11.1. Participants are notified that the personal data they provide to DOMESTIKA within the framework of this competition will be processed by DOMESTIKA as the data controller.
11.2. The purpose for requesting and processing personal data is to organize and manage their participation in this competition and, where applicable, to announce that they have won and deliver the prize. The legal basis for the processing of the data is the participant’s consent. By entering the competition, the participant expressly consents to processing of their data for the purpose described.
11.3. DOMESTIKA would like to inform participants that all data that it requests to deliver the prize (for example, name, surname(s), address and zip code, e-mail, and cellphone number) are mandatory, which means that the omission of any of them may prevent the participant from entering the competition and/or receiving the prize, where applicable. Competition participants must notify DOMESTIKA of any changes to their personal data so that their data can be kept free of error and up to date at all times.
11.4. The data provided will not be disclosed to third parties except to comply with legal requirements, they will be processed as strictly confidential and in accordance with the personal data protection regulations in force, and security measures will be respected in view of the security level of the data provided from time to time.
11.5. Participants are also informed that the retention period for their data will be the duration required to run this competition. Participants have the right to ask to exercise their right to access, rectification, erasure, restriction of processing, objection to processing, and withdrawal of consent to processing. In any event, participants are informed that the withdrawal of their consent to taking part in the competition while it is being held will mean that it is impossible for them to continue to participate in it. To exercise said rights, participants may contact DOMESTIKA by sending an e-mail to email@example.com and following the instructions sent to them. They also have the right to file a complaint with the corresponding data protection supervisory authority. Additionally, in the event of any questions related to personal data, they may contact DOMESTIKA by e-mailing firstname.lastname@example.org.
12. ACCEPTANCE OF THESE TERMS AND CONDITIONS
12.1. Taking part in this competition signifies full and unconditional acceptance of these Terms and Conditions. Refusal to accept these Terms and Conditions will lead to the participant's exclusion and, as a consequence, DOMESTIKA will be released from complying with the obligation contracted with that participant.
13. ORGANIZER’S LIABILITY
13.1. Without imposing any type of restriction on the consumer rights recognized in the applicable provisions, DOMESTIKA refuses to accept liability for any type of loss or damage that may arise from this competition that is not attributable to it directly or through negligence. Notwithstanding the above, DOMESTIKA will oversee holding of the competition to ensure its correct availability and continuity.
13.2. DOMESTIKA accepts no liability for the use that the winner may make of the prize or for the services that third-party companies must provide as a consequence of this competition.
14. CHANGES TO THE COMPETITION AND TERMS AND CONDITIONS
14.1. DOMESTIKA reserves the right to change, prolong, delay, shorten, render void, or cancel this competition. DOMESTIKA will announce any amendments to the terms and conditions through the DOMESTIKA website.
15. APPLICABLE LAW AND JURISDICTION
15.1. These Terms and Conditions are governed by the laws of the State of California (USA).
15.2. Any conflict that may arise with regard to these Terms and Conditions will be resolved through arbitration by the American Arbitration Association (known as the “AAA”). In the event that said submission to arbitration is deemed non-applicable, the Courts of the County of San Francisco (California, USA) will have jurisdiction and the participant expressly waives their right to the participation of a jury.