Sony’s RX100 FindyourFocus Social Contest

Terms and Conditions

Qualifying Entrants

1. Subject to Clause 2 below, this Contest is open to people of any nationality residing in Malaysia who are 18 years or older as at the date of participation and during the contest period of between 22nd October to 4th November 2018. You warrant to indemnify Sony against any and all claims in relation to your participation of this Contest and any breach of its Terms and Conditions contained herein. Sony’s rights are hereby expressly reserved.
2. Employees of Sony and its affiliates, advertising and promotion agencies of Sony together with their employees, and immediate family members and/or those living in the same household of each of the aforesaid persons are not eligible to participate in this Contest.  
3. Sony reserves the right to disqualify and/or exclude any entries from the Contest, for any reason and for no reason, including without limitation, violation of any portion of these Terms and Conditions.

Contest Rules

4. Follow Sony Malaysia’s Instagram page at www.instagram.com/SonyMalaysia and set your Instagram profile to public.
5. Post your best photo on your Instagram starting from 22nd October 2018 at 00:01 to 4th November 2018 at 23:59 (GMT +8:00) (“Contest Period”) with the following captions (“Entry”):
1. Tell us how will the Sony RX100 help you find your focus
2. Tag @SonyMalaysia
3. Hashtag #SonyRX #FindyourFocus #FindyourFocusContest
6. Share the link to your Instagram Entry through this Enterprise Feedback Management (“EFM”) survey form (https://www.smap.ap.sony.com/survey/se/15795BB229AFEAE4).
7. Each participant may only submit (1) one entry. In the event of multiple entries, only (1) one submitted entry will be taken in for the Contest.
8. One (1) entry will be selected by the Panel as the Grand Winner and One (1) entry will be selected by the Panel as the 1st Runner Up. Winners (each a “Winner”, collectively “Winners”). The Winners will be chosen based on the overall composition, execution and creativity.
9. Winners will be notified via email by 23rd November 2018.
10. Participants are personally responsible to ensure that submitted entries are successfully uploaded.  Any technical errors that result in failure to submit the entries within the Contest Period will render a disqualification.
11. Entry that is modified with any editing software or equivalent programs are accepted. However, there should not be alteration of the original scene.
1. ✔ Adjustment of brightness, contrast, exposure etc
2. ✖ Addition of shadow or removal of person etc
12. Participant guarantees that enhancement was made via use of legally acquired software.

Contest Entries

13. By submitting the Contest entries, each participant thereby
    1. specifically authorizes Sony to use and/or license third parties to use, without compensation, gain or rewards, a non-exclusive and irrevocable license to use, republish, edit and/or modify the Contest entries in any media for marketing and promotional purposes which include but not limited to publication at Sony’s store;
    2. represents and warrants that all elements contained in the Contest entry (i) is original to the participant, or fully cleared for use as contemplated herein, (ii) does and will not, in any way, violate or breach any of the terms of any other agreement the participant may be a party to, (iii) does not contain libelous, tortuous, or the publication or sale of which will violate any federal or state statute or regulation, (iv) is not obscene or in any other manner unlawful, and (v) shall not require Sony to pay or incur any sums to any person or entity as a result of Sony's use or exploitation of the same. Participant shall also indemnify and hold harmless Sony and its affiliates from and against any claim, action, damage, loss and costs and expenses (including legal fees and professional fees) arising from or in connection with any breach of the foregoing.
14. Sony reserves the right to disqualify all entries that do not meet the rules and regulations of the Contest. These include entries submitted with invalid or incorrect information.
15. Unfair or unethical methods of participation may result in disqualification.

Prizes

16. Prizes are non-transferable and non-exchangeable for cash and may be subject to availability. Sony reserves the right to replace any prizes with items of similar value without prior notice.
17. Results of all Winners will be announced on the following date via email:

 

18. The Winners will be required to acknowledge by return email no later than 7 days after the notification was sent.
19. Subject to the terms and conditions herein, the Winners of the Contest shall receive the corresponding prize(s) listed below:

 

20. Prize for the Winners will be sent to address provided by 31st December 2018. Sony reserves the right to deal with all unclaimed prizes in any manner deemed fit
21. In the event that any Winner is disqualified from the Contest or fail to adhere to any timeline stipulated herein, Sony, at its sole discretion, may decide whether a replacement Winner should be selected. In this event, any further Winner will be selected on the same criteria as set out in the Terms and Conditions. Sony can repeat this process any number of times until it has selected a satisfactory Winner in accordance with these Terms and Conditions.
22. Sony’s decision regarding the Winners, award of all prizes, and/or in every situation including any not covered in these Terms and Conditions, shall be final and binding on all participants in the Contest, and no queries, themes or appeals may be made or entertained regarding Sony’s decision on the same. The receipt by any Winner of any prize under this Contest is conditional upon compliance with any and all applicable laws, rules and regulations.
23. The Winners shall be responsible to and bear any applicable tax in connection with the prizes.  If any tax is applicable to the prize and such tax is (i) required to be withheld by Sony and (ii) permitted to be withheld from the payment under any applicable tax convention, the amount of such tax shall be deducted from the prize by Sony.
24. Winners shall agree to be contacted by Sony or its authorized representatives to participate in public relations events tied to the Contest to generate press coverage of the Contest and Sony products. This may include, but not be limited to, quotes given for inclusion in press releases and press conferences, interviews, etc.
25. Acceptance of any prize shall constitute consent on the Winner's part to allow the use of the Winner's name, image, voice and/or likeness by Sony for editorial, advertising, promotional, marketing and/or other purposes without further compensation except where prohibited by law.
26. Further, acceptance of any prize shall constitute a release and discharge of Sony by each Winner from any and all liability, claims, demands, causes of action, and/or damages which the Winner may have, whether known or unknown at the present time, of any nature whatsoever, arising out of or relating to: (i) the Contest, (ii) personal injury and/or property damage, theft or loss suffered by the Winner as a result of the use and/or enjoyment of the prize, and/or (iii) any tax liabilities in relation to the Contest, prize and/or use or enjoyment of the same.

Liabilities

27. Sony cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the Contest or as a result of entering the Contest or accepting any prize. Sony is not responsible for any safe custody, return, non-delivery or missing of entries, late, misdirected, problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any app, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile telephone related to or resulting from participation or downloading any materials in the Contest.
28. By entering the Contest or accepting the prizes, you agree that no claim relating to such losses or injuries (including special, indirect and consequential losses) shall be asserted against Sony, its parent companies, affiliates, directors, officers, employees or agents from any and all losses, damages, rights, claims and actions of any kind resulting from the Contest and acceptance of any prize, including without limitation, personal injuries, death and property damage.

Use of Personal Information

29. By entering the Contest, you agree:
    1. to the use of your name and/or likeness, without compensation, for Sony’s promotional and marketing purposes; and
    2. to the use of the information submitted on the Contest entry form, without compensation, for the purpose of administration in relation to the Contest and for Sony’s promotional and marketing purposes and for any and all purposes set out in the Data Protection Policy of Sony at http://www.sony.com.my/section/privacypolicy (“Privacy Policy”).
30. Each individual participating to this Contest acknowledges that in respect of any personal information disclosed by her/him to Sony or obtained by Sony from her/him pursuant to this Site:
    1. She/he is authorised to disclose such personal information; and
    2. Such disclosure complies with any privacy legislation from any country, within the geographical scope of the Contest, and the use of such personal information by Sony as contemplated by this Site (including, without limitation, the disclosure of such personal information to Sony's external agencies or third parties).

Disclaimer

31. Please be advised that all materials posted on the Site are subject to public downloading by third party viewers. Sony has taken precautionary steps to deter users from downloading. However, should downloading persist, Sony shall not be held accountable or liable for any damages caused.

Privacy Policy

32. Information - When using the Site, you may be asked to enter information, including personal information (“Information”). The Information will only be used for the purposes set out in these Terms and Conditions, for the purposes explained when you have been asked to enter the Information and/or in accordance with this Privacy Policy and the Data Protection Policy of Sony http://www.sony.com.my/section/privacypolicy (“Privacy Policy”).
33. Provision of Information to Third Parties - We will not sell or otherwise transfer the Information to unaffiliated third parties without your approval. If applicable, you will have the opportunity to indicate whether you would like to "opt in" and/or “opt out” to receiving promotional and/or marketing information about other products, services and offerings from us and/or any third parties.
34. Analysis of User Behaviour - We reserve the right to perform statistical analyses of user behaviour and characteristics in order to measure interest in and use of the various areas of the Site and to inform advertisers of such information as well as the number of users that have been exposed to or clicked on their advertising banners. We will provide only aggregated data from these analyses to third parties. We are not responsible for any actions or policies of any third parties who request personal information and you should check the applicable privacy policy of that party.
35. Cookies - You should be aware that information and data may be automatically collected through the use of "cookies". "Cookies" are small text files a site can use to recognise repeat users and allow us to observe behaviour and compile aggregate data in order to improve the Site and to target its advertising. Cookies do not attach to your system and do not damage your files. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature.
36. Updating or Removing Information - You may notify us of any updates, amendments and corrections to previously collected Information by using the Feedback Form on the Data Protection Policy. Further, upon your request, we will use commercially reasonable efforts to delete your Information from our database. However, it may be impossible to delete your entry without some residual information because of backups and records of deletions.
37. Changes to this Policy - We reserve the right, at any time, to modify, alter, or update this Privacy Policy.

Miscellaneous

38. Sony reserves the right, in its sole discretion, to terminate or suspend this Contest without any liability to you should there be unforeseeable events which in Sony’s absolute opinion may jeopardize the process of the Contest.
39. Sony reserves the right to amend/change the Terms and Conditions and the prizes without any liability to the participants.
40. In the event of disputes regarding the Contest or the Terms and Conditions of the Contest, Sony shall have the right to make the final decision.
41. The Terms and Conditions of this Contest shall be governed by and construed in accordance with the law of Malaysia, without reference to its conflicts of law rules.