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1. Subject Matter
1.1 These Terms and Conditions of Participation are applicable for all participants of the Olympus "Home with Olympus” Competition (hereinafter: "CHALLENGE”). The theme of the CHALLENGE is “My Wilderness”.
1.2 The CHALLENGE is held online through the MyOlympus website and services.
1.3 The CHALLENGE is scheduled to take place from (mm.dd.yy) 10.01.2020 0.00 a.m. CET to 10.31.2020 11:59 p.m. CET and constitutes an Additional Service in accordance with the Terms and Conditions of the MyOlympus website and services. Any entries received after 10.31.2020 11:59 p.m. CET may not take part in the CHALLENGE.
1.4 The CHALLENGE is organised by Olympus Europa SE & Co. KG (hereinafter: "OLYMPUS"), Amsinckstrasse 63, 20097 Hamburg, Germany, registration office Hamburg: HRA 116518.
2. Participation and Entry Requirements
2.1 Participation in the CHALLENGE is open only to legal residents living within the business area of OLYMPUS in EMEA-Region as stipulated on the website https://www.olympus-europa.com/company/en/contact/locations/ that fulfil the requirements set out below. Legal representatives and employees of OLYMPUS or any other OLYMPUS entity (including their immediate families) as well as any person involved in the development or implementation of the CHALLENGE may not participate in the CHALLENGE.
2.2 Each participant (hereinafter: "PARTICIPANT") (i) must have reached the legal age of majority in his or her country of residence and be at least 18 years old; (ii) upload their photo to the MyOlympus website gallery observing the requirements set out in this Section 2; and (iii) comply with the Terms and Conditions of MyOlympus website and services. Each PARTICIPANT may enter no more than two photos in the CHALLENGE and may only participate once in the CHALLENGE.
2.3 Photos eligible for entry in the CHALLENGE must (i) be taken with Olympus cameras and/or Olympus lenses; (ii) include the full exif data to verify the use of such Olympus equipment; (iii) be taken by the PARTICIPANT; (iv) comply with the respective theme of the CHALLENGE; and (v) be submitted in digital jpeg format without exceeding a file size of 5 MB. Photos with watermarks or other impress content (date, time, etc.) will not be considered for the CHALLENGE.
2.4 Photos can be digitally retouched if the essence of the image is not altered by the process. OLYMPUS reserves the final decision as to whether or not the essence of the image has been altered.
2.5 Photos that were not taken with an Olympus camera and/or an Olympus lens or that infringe the Terms and Conditions of the MyOlympus website and services may be deleted by OLYMPUS without prior notice to the PARTICIPANT. In case of any doubt that a photo was taken by the PARTICIPANT, OLYMPUS is entitled to delete the photo and disqualify the PARTICIPANT from the CHALLENGE.
2.6 The PARTICIPANT explicitly consents to OLYMPUS' establishing contact via email for the purpose of the CHALLENGE. The email address submitted with the registration for MyOlympus will be used by OLYMPUS for communication with the PARTICIPANTS with respect to the CHALLENGE.
3.1 All photos submitted in accordance with the requirements in Section 2 will participate in the CHALLENGE with the chance to win a trip to Africa with Wilderness Safaris (hereinafter: "PRIZE"):
The PRIZE includes a total of four nights’ accommodation at two of the Wilderness Safari Camps in Botswana (two nights at each camp) for 2 adults on a sharing basis, including all meals, park fees, scheduled daily camp activities and drinks (excluding premium brand imports). The PRIZE includes round trip flights from EMEA Region to Maun, Botswana (Economy class, rail and fly) transfer to and from the airport and hotel (standard double room, if needed). Also included are return scheduled light aircraft transfers from Maun to Maun to get to the Wilderness Safari Camps. The PRIZE value is of approximately 15.000 EUR.
It is up to the winning person whether to extend their stay in Africa at their own expense.
• International and regional scheduled commercial flights, accommodation and scheduled light aircraft transfers are subject to availability & other full paying guests in camp at the same time.
• The PRIZE is valid for travel from 01 March 2021 through to 28 February 2022 but excludes travel between 20 December 2021 through to 11 January 2022.
• The PRIZE is subject to availability at the time of booking and is not transferable or redeemable for cash.
• Please note that this PRIZE/voucher may not be used in conjunction with any other promotion and the validity period may not be extended.
• All insurances and any other items of a personal nature are excluded.
3.2 It is the responsibility of the WINNER to ensure that he or she provides OLYMPUS with the correct and current contact details, including full name, full postal address, and full ZIP code.
3.3 The entitlement to the PRIZE may not be assigned or transferred to others and a cash payment alternative is not possible.
4. Selection of the Winner
4.1 All MyOlympus users may vote on the submitted photos for the entire duration of the challenge, as stated in 1.3 .
4.2 A jury selected by OLYMPUS will pick the winning photo based primarily on criteria including the technique of the shot, creativity, degree of performance in regard to the CHALLENGE theme, etc. from among the photos that have received the most votes (rated 3 stars and higher).
4.3 The winner (hereinafter: "WINNER") will be chosen after the closing date and notified via email. If the selected WINNER does not respond within five days of the notification, there will be another decision by the jury and a new winner will be selected.
4.4 The jury decision and the allocation of the PRIZE is final and binding on the PARTICIPANTS and no correspondence will be entered into in relation to the same. Recourse to the courts is not permitted.
5. Announcement of the Winner
6. Rights and Responsibilities of OLYMPUS
6.1 No responsibility is accepted for ineligible entries or entries made fraudulently. OLYMPUS reserves the right to check the validity of the entries and may, in its sole discretion, exclude PARTICIPANTS from the participation of the CHALLENGE.
6.2 OLYMPUS accepts no responsibility for entries that are delayed or not received for any reason.
6.3 OLYMPUS does not guarantee a continuous, uninterrupted or secure access to the website for the CHALLENGE. The operation of the website may be interfered with by numerous factors outside of OLYMPUS' control. OLYMPUS is not responsible for any technical issues, system or software failures encountered on or during entry into the CHALLENGE.
6.4 OLYMPUS accepts no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered as a result of entering the CHALLENGE or accepting a PRIZE. This does not apply insofar as there is mandatory liability (i) in case of intent and gross negligence, (ii) in case of injuries to life, body or health, or (iii) pursuant to the terms of the German Product Liability Act. Further, OLYMPUS can only be held liable for slightly negligent breaches of duty, if OLYPMUS is in breach of a duty that derives from material contractual obligations that are of substantial importance to fulfilling the agreement purpose ("cardinal obligation"). In this case the liability is limited to the foreseeable damage.
6.5 OLYMPUS in its sole discretion reserves the right to abandon or terminate the CHALLENGE at any time without prior notice and without stating reasons, especially in the event that the orderly execution of the CHALLENGE can no longer be guaranteed due to technical reasons (e.g. viruses, manipulation, software defects, and/or hardware defects) or due to legal reasons.
The PARTICIPANT hereby exempts OLYMPUS from all claims made by third parties resulting from the violation of their rights caused by the submission of the photos by the PARTICIPANT. The stipulations of the Terms and Conditions of the MyOlympus website and services apply.
8. Data privacy
For the collection, use, and processing of the PARTICIPANTS' personal data, OLYMPUS shall comply with the applicable laws on data privacy protection and the Olympus Privacy Notice which is available on https://www.olympus.co.uk/privacy. The PARTICIPANT is entitled to revoke their consent to data storage and use at any time, thereby withdrawing from the CHALLENGE.
9.1 These Terms and Conditions of Participation are governed by the laws of the Federal Republic of Germany without regard to its conflict of law provisions. UN international trade law shall not apply. If the PARTICPANT is a consumer and has the habitual residence in the European Union, the PARTICIPANT additionally enjoys the protection afforded to him or her by mandatory provisions of the law of his or her country of residence.
9.2 The parties agree to submit to the non-exclusive jurisdiction of the courts of Hamburg, Germany. If the PARTICPANT is a consumer, this does not affect their rights to bring any dispute to the competent courts in his or her country of residence.
9.3 If individual provisions of these Terms and Conditions of Participation are or become invalid, such invalidity shall not affect the remaining provisions.