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TERMS & CONDITIONS

SWAG U Competition Terms & Conditions

These are the terms and conditions (the “Terms”) for the SWAG U Competition (the “Competition”).

 

The promoter and operator of this Competition is TikTok Pte. Ltd. of 1 Raffles Quay, #26-10, South Tower, Singapore 048583 (TikTok, we, us and our).

 

By participating in the Competition you (“you”) agree to abide by these Terms, the SWAG U website Terms, as well as to our Terms of Service (https://www.tiktok.com/legal/terms-of-service?lang=en) and the Community Guidelines (https://www.tiktok.com/community-guidelines?lang=en), and the Intellectual Property Policy (https://www.tiktok.com/legal/copyright-policy?lang=en) with respect to the use of the TikTok application (“TikTok App”) as amended from time to time (jointly the “Platform Terms”).  In the event of any conflict between these Terms with the Platform Terms or any other communications, including advertising or promotional materials, these Terms prevail in so far as they relate to the Competition.

 

1. Eligibility

1.1  To be eligible to participate in the Competition you must meet the following eligibility requirements:

 

a) you are a resident in the United Arab Emirates or Saudi Arabia;
 

b) you are aged eighteen (18) or above at the time of entry;
 

c) your personal account on the TikTok App is in good standing and remains in compliance with the Platform Terms;

 

(the “Eligibility Requirements”).

 

1.2  By entering the Competition, you confirm that  you meet the Eligibility Requirements set out in Section 1.1.  We reserve the right to request proof of age, identity and/or residency at any point following Submission (as defined below

 

2. Entry Period

2.1 The Competition will commence on  17th November 2021 and finish on 30th January 2022 (both dates inclusive) (the “Competition Term”). Registrations must be complete by 30th January 2022.

 

2.2 To enter the Competition you must fulfil the Entry Criteria anytime during the Competition Term.  Any entries received outside of the Competition Term are ineligible and will not be considered.​​

 

3. Entry Criteria

 

To enter the Competition you must do the following:

 

3.1  Between 17th November 2021 and 30th Janaury 2022 (inclusive):

 

a) download and access the TikTok App;
 

b) complete and submit the registration form by 30th November for the Competition here (https://www.swag-u.com/register-now );
 

c) Upon successful registration, a confirmation email and submission brief/booklet with all submission details and instructions shall be sent to you for completion. You can also find the submission brief on the Competition website but your submission will not be considered unless you register via the above process by 30th January 2022;
 

d) Complete the submission brief/booklet and submit via the Competition website. All submissions are to be submitted by 30th January 2022;
 

e) All submissions must include: i) your/your team’s details ii) a 300 word summary of your inspiration for your SWAG designs iii) a mood board iv) 3 SWAG item designs including “Item 1: On my Desk”, “Item 2: What to Wear” and “Item 3: No Rules” (the “Designs”) v) produce a creative and innovative TikTok video introducing you/your team and your submission ideas including the hashtag #SWAGU (the “Video”);
 

f) post the Video to your personal account(s) on the TikTok App with the following hashtag: #SWAGU
 

g)You may make multiple submissions under a single registration for consideration by the judges;

 

(the “Submission”)

 

 

3.2      Your Submission(s) must meet the following requirements:

 

a) Your Video must be no more than sixty (60) seconds in length and remain on your personal account(s) on the TikTok App for at least thirty (30) calendar days after the expiration of the Competition Term.

b) Your Submission must be original, exclusively created and owned by you/your team, and you must have all rights necessary to submit the Video and designs, including written permission from anyone featured in your Submission (or if under 18, written permission from their parent or legal guardian);

c) You may use existing reference images for your mood-board but direct plagiarism of the final SWAG Designs will lead to immediate disqualification.

d) Your SWAG Designs in your Submission must have a collective maximum weight of under 1KG and be able to fit into a SWAG box for distribution with the dimensions as follows: 15x23x15cm (WxHxD).

e) Submission Videos in the form of TikToks that qualify as a finalist by the Judges may be used, adapted and/or played at the TikTok Livestream event and must be available for public viewing.

f) Your Submission must have been produced in a safe and responsible manner, having due regard for the physical, mental and moral effects to all individuals involved;

g) You must comply with these Terms, the website Terms, the Platform Terms and your local law, and TikTok reserves the right to remove any Video or disqualify any participant who does not comply with these Terms, the website Terms, the Platform Terms and/or the applicable laws;

h) You must not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity, moral rights, other intellectual property or other rights of any person or entity;

i) You must not publicly publish or perform your Submission on any platform or media or in any medium except on your personal account on the TikTok App;

j) Your Submission must not contain material that is inappropriate, sexually explicit, violent, obscene, defamatory, libellous, threatening, pornographic, racially or ethnically offensive, unlawful, or contains alcohol or illegal drugs, contains firearms/weapons or encourages conduct that may be unsafe or dangerous or would violate any law, as determined by us in our sole discretion; and

k)   Your Submission must not contain third-party trademarks, logos or other third party intellectual property.

(the “Submission Requirements”).

3.3 By entering the Competition, you confirm that: i) your Submission (which includes the Designs and the Video, for the avoidance of doubt) complies with the Submission Requirements; ii) you have secured all requisite consents for any third party referenced or included in your Submission. For the avoidance of doubt, TikTok is not responsible for any claims arising from the Submission including, but not limited to, claims for intellectual property infringement and privacy rights violations.

 

3.4   TikTok shall have no liability for any Submission that is lost, intercepted or not received.

 

4. Judging and Prizes

 

4.1 The Winner(s) of the Competition will be determined internally by TikTok judges based on a number of factors including, but not limited to the originality and creative flair shown in the Submission and the alignment with the Submission brief.

4.2   There will be one (1) winner and two (2) runners-up selected to win a prize for the Competition as detailed below. All successful entrants to the Competition shall receive a digital participation certificate to their email.

4.3   The Winners will be announced in February via a TikTok live stream on the TikTok MENA account Live page (the “TikTok Livestream”) and all Competition entrants should attend the TikTok Livestream.

 

4.4   The Winners shall be awarded the following prizes:

 

1st Place:

  • 1st place trophy shall be posted to the Winner’s or the Winning team’s registered address.

  • The winning SWAG Designs will be adapted and/or used for limited edition production by TikTok and will be distributed to TikTok’s network of brands and business leaders with design credit publicly given to the Winner(s) of the Competition.

  • Winners will receive a limited-edition box of the winning SWAG Designs that are produced by TikTok at a later date to be advised by TikTok.

  • Digital participation certificate shall be emailed to the participants.

 

2nd Place:

  • 2nd place trophy shall be mailed to the runner up’s or the runner up team’s registered address.

  • Digital participation certificate shall be emailed to the participants.

 

3rd Place:

  • 3rd place trophy shall be mailed to the runner up’s or the runner up team’s registered address.

  • Digital participation certificate shall be emailed to the participants.

 

 

(together, the “Prizes”).

 

4.5  You agree and acknowledge that the decision of the appointed judge(s) is final and binding.

 

4.6     Prizes are not transferable; no substitutions are allowed except by TikTok who reserves the right to award a prize of equal or greater value in the event of non-availability.   No other financial or other compensation will be made for use of the Submission by TikTok.

4.7 The winners of the Prizes are responsible for all applicable taxes and expenses in relation to their Prize.

 

4.8 We will contact you if we require further information to arrange the delivery/organisation of your Prize. 

 

5.    Notification of Winners

5.1 The selected winners of the Prizes (the “Winner”) and the runners-up will be notified by the TikTok Livestream and by email to the details included in the Submission.  The Winners and the runners-up will be required to respond within fourty-eight (48) hours of receiving the notification(s) otherwise we reserve the right to pick a replacement winner and/or runner-up, as applicable. We are not responsible for unsuccessful efforts to notify any Winners or runners-up. Please check the TikTok App and your email regularly. 

 

6.    Announcement of Winners

6.1  All Winners will be publicly announced by TikTok as proof that Prizes were awarded. We shall announce the names of the Winners and runners-up on the TikTok Livestream and may share their winning Videos on the TikTok App, including in our event banner.

 

7.    Limitations of liability

7.1 Insofar as permitted by law, we will not assume any responsibility or liability for any inaccurate or failed electronic data transmission, nor any inaccessibility or unavailability of the internet or the TikTok App.

 

7.2 We, to the fullest extent permitted by law, assume no liability whatsoever in relation to any direct or indirect damage, loss, or any injury suffered by any participant, as a result of accepting and/or use or participation in the Competition or of any Prize, or the use or disclosure of your provided information. We do not exclude or limit our liability for personal injury or death caused by its negligence or for fraudulent misrepresentation or any other liability that may not, by law, be limited or excluded. 

 

7.3 You are responsible for ensuring that you can enter under the laws and regulations of your country of residence. We reserve the right to refuse a Submission or disqualify you at any time, if, in our sole and absolute discretion, we believe that you have contravened applicable laws, the Platform Terms, website Terms or these Terms including, but not limited to, the Eligibility Requirements or the Submission Requirements, or if you will or could bring us or our partners into disrepute or if your Submission is incomplete or contains inaccurate information.  If we disqualify you, we may substitute another participant in your place.  

7.4 We reserve the right to modify, suspend or terminate the Competition (or portion thereof) for any reason including but not limited to, should virus, worms, bugs, non-authorized human intervention or other causes, including, but not limited to, acts or threats of terrorism, war, strikes, and/or acts of God, epidemic or pandemic corrupt or impair the administration, security, fairness or proper play of the Competition.

 

8.     Intellectual Property Rights 

8.1 If you submit a Video as part of your Submission for the Competition, you retain ownership of your pre-existing underlying intellectual property subject to granting us a non-exclusive, worldwide, fully paid, royalty-free, transferable license, for the maximum duration of rights afforded under applicable law to reprint, display, reproduce, perform, use, and exhibit your Video for the purpose of administering and promoting the Competition and for our marketing and advertising purposes in any medium including posting on the TikTok App.  No financial or other compensation will be made for any use of the Video by TikTok. 

 

8.2 Should your Submission win the Competition, you undertake and will take all steps required to irrevocably assign, transfer and convey to TikTok, all worldwide, irrevocable, exclusive, royalty-free, transferable, and perpetual right and license of title, ownerhsip and interest in and to the winning Designs submitted in the winning Submission should you be chosen as a winner (including, for the avoidance of doubt all Intellectual Property therein, including future products, adaptions, services or business derived therefrom, including the right to sue for past, present and future infringement thereof.) You agree that you retain no rights in the winning Designs and agree not to challenge the validity of TikTok’s ownership in the winning Designs. TikTok shall have the free and unencumbered right to make use of, change and or adapt any winning Designs as it so requires.

 

 

9.     Personal Data

9.1  By participating in the Competition, your personal identifiable information will be used in conjunction with operating and administering the Competition  inaccordance with TikTok’s Privacy Policy https://www.tiktok.com/legal/privacy-policy?lang=en. In particular, You accept that we will require You to participate in related publicity, we may use your name, image, Designs and Video in external promotions and in-app promotions and share personal identifiable information with various third parties as further described in these Terms in order to publicise the Competition including for the selection and announcement of Prize winners.

 

10.   General

10.1 Officers, directors and employees of TikTok and their parents, subsidiaries and affiliates are not eligible to enter this Competition. Entries from agents or those automatically generated by a computer program, or other automatic method will not be accepted.

10.2 We reserve the right to refuse any person from participating in the Competition, at our sole and absolute discretion. You are responsible for ensuring that you can participate under the laws and regulations of your country of residence. We reserve the right to disqualify you at any time, if, in our absolute discretion, we believe that you have contravened any of these Terms, the Website Terms, the Platform Terms or if you will or could bring us or our partners into disrepute. If we disqualify you, you must return any Prize and we may substitute another winner in your place.

​​10.3 You acknowledge and agree that the participation of any judges in connection with the Competition is subject to cancellation.  If any judge, is unable to participate, TikTok will make reasonable efforts to replace such person with another judge and/or partner, as the case may be, to be decided in TikTok’s sole discretion.

 

10.4 In the event of exceptional circumstances outside of our control, we reserve the right to cancel or amend the Competition or these Terms at any time.

 

10.5 If any of these clauses are found to be illegal, invalid or otherwise unenforceable then they shall be deleted from these Terms and the remaining clauses shall survive and remain in full force and effect.

 

10.6 We will not be liable for any failure to perform or delay in performing our obligations under these Terms if an act, omission, event or circumstance occurs which is beyond our reasonable control prevents us from doing so.

 

10.7 Subject to the operation of local consumer laws, these Terms will be governed by the laws of Singapore and any disputes will be subject to the non-exclusive jurisdiction of the Dubai International Financial Centre Courts, UAE. However, this clause shall not deprive you from benefiting from the mandatory provisions of the law of your country of residence or from bringing any action in front of the competent courts of your country of residence.

 

These Terms form the entire terms and conditions of this Competition.

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