vivo

vivo

vivo #vivoGiveitAshot Competition
Competition Terms and Conditions

Organizer and Countries

VIVO TECH GmbH („vivo“), Speditionstrasse 21, 40221 Düsseldorf (Email: info@vivo.com) is organising the "vivo #vivoGiveItAshot Competition" (hereinafter "Competition") in Czech Republic, France, Italy, Poland, Greece, Austria, Bulgaria, Romania, Slovakia, Portugal and Spain.
This Competition running on vivo´s Instagram channels is not affiliated with Facebook, Inc. or Facebook Ireland Ltd. The Competition is in no way sponsored, endorsed, or organised by Facebook and does not give rise to any legal claims against Facebook. All information in the context of the Competitions is provided exclusively by vivo as the organiser.
The following terms and conditions apply to this Competition:

Prizes

In each of the countries (Czech Republic, France, Italy, Poland, Greece, Austria, Bulgaria, Romania, Slovakia, Portugal and Spain) vivo is giving away ten prizes:
Each winner will get:
1.     the new vivo V23 Pro 5G or X80 Lite 5G (or depending on the market product availability)
and
2.     FIFA World Cup Football
or
3.     FIFA World Cup Merchandises

Term of the Competition

The Competition starts with the publication of a posting on the local vivo Instagram channels (as listed under “Participation in the Competition”) on October 10, 2022 referring explicitly to the Competition. The closing date for entries is midnight Central European Time on November 16, 2022 (hereinafter "Term").
Participation after the expiry of the Term is excluded. The electronically recorded receipt by vivo is decisive. vivo cannot be held responsible for any technical malfunctions, e.g. possible telephone network failures or server malfunctions, which prevent timely participation.

Eligibility

By participating in the Competition, the participant expressly accepts these terms and conditions.
The participation is free of charge not subject to a prior obligation of buying a product or a service of vivo.
The minimum age for participation is 18 years. Participation is only possible under your own name and requires an own Instagram account which has to be effective during the Term.
All persons involved in the conception and implementation of the Competition and employees of vivo as well as their family members are not eligible to participate in the Competition. In addition, vivo reserves the right, at its own discretion, to exclude persons from participation, if there are justified reasons, for example, but not limited to, in the event of manipulation in connection with access to or implementation of the Competition, in the event of breaches of these terms and conditions of participation, in the event of unfair conduct or in the event of false or misleading information in connection with participation in the Competition.

Participation in the Competition

To participate in the Competition during the Term the participants have to:
1.     Become followers of their resident country’s local vivo Instagram channel:
·       Czech Republic: @vivo_czech,
·       France: @vivomobile_fr,
·       Italy: @vivomobileit,
·       Poland: @vivo_polska,
·       Spain: @vivo_espana.
·       Bulgaria: @vivo_bulgaria)
·       Greece: @vivomobilegr,
·       Austria: @vivo_austria,
·       Romania: @vivomobilero,
·       Slovakia: @vivo_slovensko,
·       Portugal: @vivomobile_pt
2.     Share in-feed post(s) or stories(s) (videos or photos) on Instagram tagging @vivo_global and @vivo_polska which should contain content related to vivo and football in whatever form with clickable #vivoGiveitAshot hashtag in the post caption. You can submit more than one creative work in one post with the required hashtag #vivoGiveitAshot. The post must be published in-feed or as story on Instagram using a public account, so the submission is visible to vivo.
With the publication or sending of their post (text, photo, video) participants automatically take part in the Competition. Multiple posts received from one participant will count as one participation.

Consent of Participants

The participant consents by posting the text/ video /picture by him/ her on Instagram as part of the Competition, that the posting may be published for editorial and advertising purposes on the vivo social channels (Instagram, Facebook, Twitter, …) as well as on vivo-owned platforms (Corporate Websites; Blog, Intranet, employee newspaper) naming the participant's name (or Instagram profile name) .
This consent also applies to vivo and its affiliated companies.
The participant can revoke this consent to vivo at any time.

Requirements for Postings

The participant guarantees that the content submitted by him/her in the postings (text, videos and/ or pictures), is free of third-party rights and that the content either originates from him/her or that he/ she has obtained the necessary consents from the author and the persons depicted in pictures and videos. Furthermore, the submitted content must not contain any insults, false facts or violations of competition, trademark or copyright law or other national or international laws or other rules or morality. The participant is liable for any legal violations.

Right of Use; Licences

vivo will use a majority of the postings related to the hashtag #vivoGiveitAshot in text, video and/or picture compilation. However, vivo reserves the right not to publish text/ videos/ pictures or other contributions, or to publish them only in a shortened or modified form, provided that this does not distort the meaning or content.
The postings will only be used by vivo in connection with the Competition. However, the participant is aware that posted videos/ pictures and/or posted texts may also be discussed and linked/ shared via the vivo social channels as well as other media in social media (in particular Instagram).
For the use of the postings by vivo, the participant transfers free of charge, the territorially and temporally unlimited, transferable, underlicenseable the right to reproduce and distribute the posted text/ video/ picture. The rights of use relate to all known and unknown types of use, e.g. to feed and store it in electronic databases (Facebook, Google image search and all services connected to these media), electronic data networks, telephone services, etc. and to make it accessible to a large number of users by means of digital or other storage and transmission technology.

Determination of the Winners; Notification; Settlement

The winners will be determined after the expiry of the Term for participation upon judgement by a jury made of vivo employees choosing the winner with the best posting. The decision by the jury will be made based upon their own rules and determination.  
We will contact the winners directly via Instagram. The winners will be notified within the comment function of Instagram. This comment will be placed directly under the post published by the participating Instagram user to enter the Competition. The participant consents that vivo will send personal Instagram messages in the event of a win.

If the individual winners do not respond within 72 hours of the above notification, their claim to the prize will lapse. In this case, vivo is entitled to draw a new winner. The response of the winner must be by Instagram direct message to the related vivo Instagram channel (Czech Republic: @vivo_czech, France: @vivomobile_fr, Italy: @vivomobileit, Poland: @vivo_polska, Spain: @vivo_espana, Bulgaria: @vivo_bulgaria) Greece: @vivomobilegr, Austria: @vivo_austria, Romania: @vivomobilero, Slovakia: @vivo_slovensko, Portugal: @vivomobile_pt

As a rule, vivo will send the prize or related information by post or e-mail. The prize will only be sent within the country of the participant. In the event of notification, the winner must therefore provide his or her full contact details, including postal address and e-mail address.

If the contact details provided by the participant are incorrect (e.g. invalid e-mail addresses), vivo is not obliged to research the correct contact addresses. Any disadvantages resulting from the provision of incorrect contact details shall be borne by the participant.

Any costs incurred for the dispatch of the prizes shall be borne by vivo. vivo does not cover any costs additional costs apart from the prizes and shipment. Any additional costs are not taken care of by vivo.

Any additional costs associated with claiming the prize shall be borne by the winner. The winner is responsible for any taxation of the prize. The prize cannot be alternatively paid out in cash. Claims to the prize are not transferable to other persons. Each participant can only win once.

Cancellation of the Competition

vivo reserves the right to cancel or terminate the Competition at any time without advance notice. vivo may make use of this option in particular if the orderly execution of the Competition cannot be guaranteed for technical (e.g. viruses in computer systems, manipulation or hardware/software errors) or legal reasons.

Liability

In addition to relevant statements already made before in this terms and conditions, vivo shall be liable as follows:
Upon handing over the prize vivo is discharged from all obligations.
Insofar as (part of) the prize is an offer from a third party (shipment by logistics partner, etc.), vivo as the organizer of the Competition is not liable for non-performance or poor performance within the scope of the prizes offered or for any damage suffered by the winner on the occasion of the use of the service. The respective terms and conditions of the relevant third parties shall apply. Any warranty claims or claims for damages must be addressed by the winner exclusively to the service provider.
vivo shall only be liable for damages in connection with the Competition that were caused intentionally or through gross negligence by its own employees or other vicarious agents. As the provider of the Competition, vivo shall not be liable for damages due to malfunctions of technical equipment, for delays or interruptions of transmissions or for damages that are related to participation in the Competition.

Miscellaneous

These terms and conditions of the Competition and the entire legal relationship between the eligible participants and vivo are governed exclusively by the law of the Federal Republic of Germany.
Legal recourse is excluded.
Should individual provisions of the conditions of entry be or become invalid, this shall not affect the validity of the other conditions of Competition. Instead of the invalid provision, the legally permissible provision that comes closest in economic terms to the meaning and purpose expressed in the invalid provision shall apply. The same shall apply in the event of a loophole in these terms and conditions of the Competition.

Data Protection - Privacy Notice, Art. 13 GDPR

This privacy notice informs you about the processing of your personal data in the context of the execution of the "vivo #vivoGiveitAshot Competition". Personal data means any information relating to an identified or identifiable natural person ("Data Subject").
vivo undertakes to protect the privacy of the participants and assures to collect, process and use the data in accordance with applicable German and European data protection regulations. No data will be passed on to third parties or used for purposes other than the execution of this Competition. When participating in this Competition, vivo will only collect the personal data that vivo needs to send the prizes and the personal data that is necessary for vivo to communicate with the winners.

Name and Contact Details of Data Controller

VIVO TECH GmbH („vivo“)
Speditionstrasse 21, 40221 Düsseldorf, Email: info@vivo.com

Name and Contact Details of Data Protection Officer

Mr John Lu, Email: privacy@vivo.com

Purpose of Processing

When you are participating in the Competition, vivo initially processes the following data of the participants:
·         Name of the Instagram account and the posting (text/ video/ picture) uploaded for participation;
(The aforementioned data of the participants will be processed to carry out the Competition, in particular to determine the winners and to notify the winners.)
In case of a win the winners have to provide as well the following data of the participants:
·         name, age, postal address, email address. 

We process the aforementioned data of the participants for the purpose of conducting the competition, in particular to determine whether the participants are also eligible to take part and to send the prizes. If the above personal data is not provided, it will not be possible to contact the winners and send the prizes.

Participants who win the Competition and who have given their consent to this effect will be published on vivo´s social media channels, websites etc. with their Instagram or real name together with their picture as the winner.

The Legal Basis for Processing

The processing of the personal data of the competition participants, the winners and the accompanying persons is done based upon explicit consent (Art. 6 para. 1, lit. (a) GDPR).
The use of the collected data is required for fulfillment of a contract by vivo (Art. 6 para. 1, lit. (b) GDPR).

Recipients of Personal Data

The data will be transferred internally within our company and with related partners, Upljft GmbH who are involved in the execution of the Competition which is mainly collecting personal data for shipments (Privacy Policy here: https://www.upljft.com/de/datenschutz/). The registration of participants and winners takes place exclusively there and according to our specifications. As well there might be local distributors, logistic companies etc. or, if necessary to settle a request or question. With regard to this Competition the Finance Department of vivo might be involved as well tax advisors or tax authorities as the case may be.

Use of Instagram

Instagram is a social media platform of the company Facebook Ireland Ltd (hereinafter „Facebook“), 4 Grand Canal Square Grand Canal Harbour, Dublin 2, Irland.
Please note that Facebook collects and processes certain information about your visit to our Instagram website even if you do not have a Instagram user account or are not logged in to Instagram. If you are logged in to Instagram as a user, a cookie with your Instagram identification is located on your end device. This enables Facebook to trace that you have visited our Instagram website and how you have used it. This also applies to all other Facebook product website, such as Instagram.
The data collected about you in this context is processed by Facebook and may be transferred to countries outside the European Union. The complete privacy policy of Instagram can be found here:
https://www.facebook.com/help/instagram/155833707900388

Transfer of Data out of the EU/ EEA

vivo does not plan to transfer your personal data outside the EU/ EEA.

Retention Period

Your data will be stored according to the purpose for a period required by tax laws, unless you withdraw your consent. In case the data collected as part of the Competition is not required anymore for fulfillment of legal or contractual obligations arising from the Competition, it will be deleted within fourteen (14) days after the termination of the Competition or after the storage obligation expired.

Your Data Subject Rights

According to the GDPR you have the following rights:
·         Access (Art. 15 GDPR);
·         Rectification (Art. 16 GDPR);
·         Erasure (Art. 17 GDPR);
·         Restriction of Processing (Art. 18 GDPR);
·         Data Portability (Art. 20 GDPR);
·         Object (Art. 21 GDPR);
·         Withdrawal of Consent (Art. 7 III GDPR).

 Right to Complaint to a Supervisory Authority

You can complain to the supervisory authority responsible for vivo. The supervisory authority is:
Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein-Westfalen
Kavalleriestr. 2-4, 40213 Düsseldorf, Email: poststelle@ldi.nrw.de
Or you use any of your locally responsible supervisory authority in your country:
·       Czech Republic: http://www.uoou.cz/
·       France: https://www.cnil.fr/en/contact-cnil
·       Italy: http://www.garanteprivacy.it/
·       Poland: https://uodo.gov.pl/
·       Spain: https://www.aepd.es/
·       Greece,
·       Austria,
·       Czech,
·       Romania,
·       Slovakia,
·       Portugal
·       Bulgaria

Data Protection at vivo

Further information on data protection at vivo can be found in the data protection declaration at:
·         vivo.com/global/about-vivo/privacy-select?type=1