- Vaccines Europe – a specialised group of the European Federation of Pharmaceutical Industries and Associations (“EFPIA”), an association organised and existing under the law of Switzerland, with its registered offices at Rue Bellot 2, 1206 Geneva, Switzerland, having offices in Brussels located at Troonstraat 108B, 1050 Brussels, Belgium, registered with the Crossroads bank for enterprises under company number BE 418 762 559 (“Vaccines Europe”)– is organising a no purchase necessary photo contest via its website www.vaccinestoday.eu (the “Contest”) which is governed by these Terms (the “Terms”).
- Information on the duration, questions, available Prize (as defined in Article 12) and the further details of the Contest can be found on the website www.vaccinestoday.eu. In the event of any conflict between these Terms and the specific Contest rules set out in the Contest announcement on the abovementioned website, the former will prevail. These Terms and the aforesaid specific Contest rules are hereinafter collectively referred to as the “Rules of Contest”.
- The Contest is open to (i) students (irrespective of their nationality) enrolled in universities and colleges in the European Union, (ii) freelancers and (iii) amateurs, creative and/or pro-vaccine people and seniors . To participate, individuals must have reached the age of majority in their country of residence at the time of the registration to the Contest, in the EU countries.
- Minors and photography companies may not take part in the Contest.
- To qualify to take part to the Contest, the following conditions must be met: the participant will only qualify to take part if he/she participated between Saturday, July 1st, 2017, 00:01 CET and Sunday, August 13th, 23:59 CET by filling in and submitting the electronic form available at https://www.facebook.com/vaccinestoday/app_203351739677351, and entered (i) his/her full contact details: surname, name, nationality, e-mail address, age and (ii) university or college , study programme, academic year and field of study (with respect to students) or profession (with respect to non-students). Once the submission procedure is completed pursuant to this Article 5 , the subscribed individuals become “Entrants”. The Entrants may submit solo entries or can participate in groups of up to three people. Late responses or submissions will not be accepted. Vaccines Europe reserves the right to verify whether the Rules of Contest are being observed. If all of the conditions set out in the Rules of Contest have not been met or in the event of misuse, deceit or fraud, Vaccines Europe explicitly retains the right to exclude the Entrant(s) in question from the Contest immediately and without prior notice. Vaccines Europe reserves the right to extend the submission period mentioned in this Article 5 at its sole discretion. If the submission period is extended the participants will be informed and the announcement will be posted on the website of Vaccines Today, on the Facebook page and on Twitter.
- The Photos (as defined in Article 13) submitted must have been realized in 2017. The use of stock photos is strictly forbidden and will cause the immediate disqualification of the relevant Entrant(s). Multiple submissions of Photos will give rise to one Prize only, as the case may be.
- By taking part in the Contest, each Entrant fully and unconditionally accepts the Rules of Contest. Vaccines Europe is at liberty to decide whether or not to engage a court bailiff to supervise the competition or to reach a decision. No communication will take place (by letter, e-mail or telephone) regarding the progress of the Contest. The results of the Contest are binding and irrevocable.
- To the extent that the Entrant takes part to the Contest on a free basis and free of charge, any liability of Vaccines Europe with respect to any damage, including any loss, cost or expense that the Entrant may suffer as a result of the participation to the Contest or otherwise arising out from the Contest, is expressly excluded, to the largest extent authorized by applicable law. Nothing in this Article 8 shall however (i) limit or exclude Vaccines Europe’s liability for death or personal injury arising as a result of its negligence or (ii) exclude Vaccines Europe’s liability for fraud, fraudulent misrepresentation, gross negligence or wilful misconduct.
- All damaged, illegible or incomplete entries will be disqualified. Typos, spelling errors and misprints or other such errors as well as technical problems (e.g. in the online submission procedure or communication) cannot in any way be invoked as grounds for any obligation whatsoever on the part of Vaccines Europe. The wining Entrant explicitly acknowledges and agrees that Vaccines Europe is not responsible for handing over the Prize (as defined in Article 12) and cannot be regarded as a producer or service provider. By accepting the Prize, the winning Entrant explicitly accepts the general and specific conditions that apply to the Prize and waives any claim of any nature against Vaccines Europe in relation to the Prize. Vaccines Europe does not bear any responsibility for the technical features of the Prize. Vaccines Europe cannot be held responsible for any default on the part of its sponsors/suppliers with regard to the provision of the Prize. If the supplier fails to hand over the Prize, Vaccines Europe will not be obliged to provide another prize. However Vaccines Europe will make reasonable efforts to provide the winning Entrant with a replacement prize of the same value as the Prize. The Prize must be collected within twelve (12) months from the end of the Contest.
- The Prize cannot be exchanged for other products, services or money except where expressly agreed by Vaccines Europe. The winning Entrant must produce evidence of his/her identity at the collection of the Prize.
- Neither Vaccines Europe nor any other person or company who/that assists in organising the Contest will be held liable and will not owe any compensation whatsoever to the Entrants (i) if the Contest cannot be completed due to force majeure (including but not limited to acts of god, war, civil commotion, industrial dispute, dispute with third parties/sponsors in relation to the performance of the Contest or the issuance of the Prize), or (ii) if certain arrangements, parameters or modalities of the Contest need to be changed. Vaccines Europe reserves the right to change the campaign or course of the Contest if unforeseen circumstances or circumstances beyond Vaccines Europe’s reasonable control justify such measures. Vaccines Europe cannot be held liable should the Contest be suspended postponed or cancelled due to circumstances beyond Vaccines Europe’s reasonable control.
- The winning Entrant will be designated not later than two months after the end of the Contest, following these criteria:
- the Entrant properly sent the submission in accordance with Article 5
- the Entrant was not excluded or disqualified from the Contest in accordance with Articles 6, 13 and 19
- the Entrant submitted a Photo compliant with the Rules of Contest and/or other possible guidelines communicated by Vaccines Europe
- the points assigned by the judging panel
- the number of votes the entries received
In the event of an ex aequo, the winning Entrant will be the one that submitted his/her Photo first.
The Prize for the first winner is EUR 1.000,00 (one thousand euros) and one travel ticket for the winner to a presentation ceremony to receive the award. For the second winner, the Prize is EUR 500 (five hundred euros). For the third winner, the Prize is EUR 250 (two hundred and fifty euros) (collectively, the “Prize(s)”).
Vaccines Europe reserves the right not provide the three Prizes described in this Article 12 if the number of valid submissions received is lower than three.
- The Entrant agrees that the photo submitted by the Entrant in accordance with the Rules of Contest as well as any components thereof, such as the graphic, images and textual elements (the “Photo”) is hereby transferred and assigned to Vaccines Europe, who accepts. Such transfer and assignment implies that the exclusive property of the Photo belongs to Vaccines Europe and that all intellectual property rights and other property rights on the Photo are immediately and exclusively transferred and assigned to Vaccines Europe as of the date of the submission of the Photo. All intellectual property rights and other property rights, including but not limited to copyrights, logos, trademarks and designs in the Photo are automatically and exclusively transferred and assigned by the Entrant to Vaccines Europe upon the submission of the Photo in accordance with the Rules of Contest. The transfer and assignment of all intellectual property and other property rights includes but is not limited to the transfer and assignment of the right to reproduce, adapt, translate, modify, publish, display, edit, market, store, distribute, have distributed, communicate, transmit, have transmitted, rent, lend, make available the Photo to the public, partially or completely, promote, create derivative works based upon and use the (winning) Photo, in each and any way, whether private or public, for internal and external use. The transfer and assignment of rights is valid for promotional, advertising, editorial, merchandising or other commercial purposes as well as for non-commercial purposes, final for each and every form of exploitation and for all countries, in the most extensive way possible as permitted by law, without limitation in time other than the limitation provided by law for the respective rights. The Entrant acknowledges and agrees that the transfer and assignment of rights under this Article 13 is made on a free basis. The Entrant agrees to (i) execute such additional documents as may be requested by Vaccines Europe to evidence Vaccines Europe’s ownership of the intellectual property rights and other property rights in the Photo and (ii) update, communicate and transfer to Vaccines Europe any relevant documentation on the Photo. The Entrant shall refrain from any act which would infringe Vaccines Europe’s rights. After or prior to the submission of the Photo in accordance with the Rules of Contest, the Entrant shall not register or allow the registration of any intellectual property right subject to registration in relation to the Photo or its derivatives without the express and prior written approval of Vaccines Europe. The Entrant shall inform Vaccines Europe immediately and in writing of any infringement or possible infringement of any of Vaccines Europe’s intellectual property rights. The Entrant agrees that Vaccines Europe, or any other person appointed by Vaccines Europe, shall exclusively represent him/her in the exercise of his/her moral rights, if any. The Entrant agrees not to oppose the communication and/or the adaptation of the Photo. The Entrant agrees that Vaccines Europe may exploit the Photo without mentioning the Entrant’s name as author. The Entrant represents and warrants that (i) he/she holds the intellectual property rights in the Photo, (ii) the intellectual property rights in the Photo are free from any third-party rights, restrictions on use or obligations of confidentiality, and (iii) the assignment and transfer of rights do not infringe upon the intellectual property rights of third parties. In addition, should any individual be represented in the Photo, Entrant represents and warrants that he/she has the right to submit the aforesaid Photo representing such individual, including, without limitation, by having obtained the prior consent of the individual represented. In the event of infringement of third-parties (intellectual property) rights, (i) Vaccines Europe is entitled, in addition to any other remedies available at law, (a) to disqualify the Entrant concerned with immediate effect and without prior notice and/or (b) to request the reimbursement of the Prize granted as the case may be, and (ii) the Entrant shall defend and hold harmless Vaccines Europe and keep fully indemnified Vaccines Europe in case of such infringement, both during the Contest and thereafter.
- In no way is the Entrant to be construed as the agent of or to be acting as the agent of Vaccines Europe in any way. Nothing herein shall constitute an employment, joint venture, or partnership relationship between the Entrant and Vaccines Europe. The Entrant may not assign, transfer, charge or deal in any manner or otherwise dispose of any or all of its rights or obligations hereunder without the prior express written consent of Vaccines Europe. Vaccines Europe may transfer any and all of its rights and obligations hereunder to any affiliated company.
- Without prejudice to Article 18, Vaccines Europe will not disclose information about the Contest or the Entrants in any way before, during or after the Contest, except if the winning Entrant decides to do so, neither will Vaccines Europe require to issue a response to any exchange of letters or other communication that could in any way be regarded as an acceptance of the content of the letter received. This also means that Vaccines Europe will in no way be or become obliged to disclose or publish the identity of the winning Entrant.
- The winning Entrant will be notified by post or e-mail, at which point he/she will also be given practical information regarding the issuance of the Prize. The Entrants may be required to sign and return releases of liability and/or declarations of eligibility, within five calendar days of acknowledged notification. If a selected potential winner cannot be contacted, is ineligible (under the Rules of Contest), fails to claim a Prize, or fails to timely return the completed and executed releases/agreements as required, the Prize may be forfeited and an alternate potential winner may, at Vaccines Europe’s discretion, be selected.
- Any complaints or comments must be exclusively submitted in writing to ZN sprl, Chaussée de Boondael 6/8, 1050 Brussels, whereby all rights are reserved with regard to the formulation of a response and whereby failure to respond cannot under any circumstances be regarded as a formal acceptance of the letter on the part of Vaccines Europe.
- By submitting the Photo and by participating to the Contest, the Entrant agrees to provide Vaccines Europe with certain personal data relating to him/her, such as: his/her surname, name, nationality, e-mail address, age, university or college, study programme attended, academic year and field of study (with respect to students), profession (with respect to non-students), telephone number and photos taken during the Prize presentation ceremony. In addition, as the case may be, the wining Entrant will be asked to provide his/her VAT number, if applicable. The Entrant acknowledges and agrees that these personal data may be collected and processed for the purposes of identifying the Entrant, managing the Entrant’s participation, informing the Entrant, contacting the Entrant if he/she is the winner and promoting the immunization on the Vaccines Today website. Vaccines Europe will not use the Entrant’s personal data for other purposes. The Entrant’s personal data will not be disclosed to third parties other than as specified in this Article 18 . The Entrant may oppose to the future processing of his/her personal data for direct marketing purposes at any time, free of charge and without having to provide a justification by sending an email to firstname.lastname@example.org or by writing to ZN SPRL at the address mentioned below. The personal data relating to the Entrant as collected by Vaccines Europe under this Article 18 will be integrated – and thus transferred to – in a database held and managed by ZN SPRL, acting as subcontractor of Vaccines Europe, with registered offices at Chaussée de Boondael 6/8, 1050 Brussels (Belgium). Appropriate contractual measures will be taken to ensure the security of the Entrant’s personal data with respect to such transfer. The Entrant’s personal data will not be transferred to any other third parties. Vaccines Europe will make all reasonable efforts to protect and defend the Entrant’s privacy interests. As a result, the Entrant’s personal data will only be accessed on a need-to-know basis. Vaccines Europe has taken steps to ensure the Entrant’s personal data security, quality and integrity. The Entrant is entitled to access to his/her personal data, as collected and processed by Vaccines Europe, and request the modification or suppression of personal data relating to him/her if it is incorrect or unnecessary. To exercise these rights, the Entrant must send a written and signed request to ZN SPRL, together with a copy of his/her identity card or other identification document at the address abovementioned. In addition, the Entrant acknowledges and agrees that Vaccines Europe may present the Prize to the winning Entrant and use his/her name and photos taken during the Prize presentation ceremony for promotional purposes. The winning Entrant acknowledges and accepts that his/her name will be published and publicly disclosed on the Vaccines Today website (www.vaccinestoday.eu.) and the Vaccine Today Facebook page (http://www.facebook.com/vaccinestoday/).
The winning Entrant may be asked to take part in a publicity campaign of Vaccines Europe, including participation in publicity photo sessions.
- In the event of non-compliance with the Rules of Contest, possible fraud or a clearly unlawful influence on the Contest on the part of the Entrant, Vaccines Europe retains the right to exclude such Entrant from the Contest without prior notice.
- Disputes will be settled by the competent Courts of Brussels and will be exclusively governed by Belgian law.
- These Terms are freely accessible on the website http://www.vaccinestoday.eu/communication-challenge/terms-and-conditions/ or can be requested by sending a pre-paid and addressed envelope to ZN SPRL, at the following address: Chaussée de Boondael 6/8, 1050 Brussels.