Legal basis for the so-called dynamic
“MINI Petfriendly Giveaway”
Any person who, in accordance with these Rules, wishes to participate in the “MINI Petfriendly Giveaway” (hereinafter, the “DYNAMICS”), must comply with the requirements and series of steps that make up the DYNAMICS. Subsequently, 3 winners will be selected who will receive 1 (one) exclusive Giftcard for a MINI Lifestyle Collection Kit, with a total value of $500.00 USD (five hundred US dollars 00/100 USD).
The DYNAMIC is performed by _ATL Autobahn (who will henceforth be referred to as, “ORGANIZER”).
Persons wishing to participate in said DYNAMIC automatically agree to comply with all of the rules, and by participating it will be understood that they have read and understood them in full and that they undertake to fully comply with the requirements and conditions set forth herein (hereinafter, the “BASES”).
I. Requirements to participate in DYNAMICS
a) The public that meets each and every one of the following requirements, and who is interested in participating, may be considered as a participant (hereinafter and without distinction, the “PARTICIPANTS” or the “PARTICIPANT):
1. Be a natural person over 18 years of age and have valid official identification.
2. Reside at Jamaica.
3. They must be followers of the MINI Latin America and the Caribbean Social Network (MINI LATAM) on Instagram (@mini_latam). They must also be followers of the official MINI page on Facebook and Instagram in their Region, the same from which they are participating, the official accounts being the following:
- Facebook: _MINI Caribbean__________________________.
- Instagram: _@minijamaica___________________________.
4. The DYNAMIC will only and exclusively take place on the official MINI Instagram account of your Region, mentioned above.
5. PARTICIPANTS must generate the works individually and independently to any agency or photography studio.
6. Not all those who are family members of an employee or employees of both the ORGANIZER and collaborators and suppliers of DYNAMICS, as well as any of the companies that are part of the same economic interest group to which the ORGANIZER belongs, up to the third degree, may participate. Those who have won prizes derived from promotions carried out by the ORGANIZER, within a period of 6 (six) months prior to the DYNAMICS, may not participate.
7. Participation in DYNAMICS is free of charge.
8. The ORGANIZER reserves the right to exclude any participant who fails to comply with these RULES.
9. Any participant who uses prohibited supports, seeks to gain an advantage with any kind of manipulation, or who submit false information will be automatically disqualified. In such cases, the ORGANIZER reserves the right to withdraw the PRIZE already awarded and request the return of the PRIZE.
10. PARTICIPANTS must use their own Instagram account to comply with the DYNAMIC participation steps, which are described in the RULES. Any participant who uses accounts that are not owned by them, or of which they are not holders, will be disqualified, and the ORGANIZER reserves the right to take legal action.
11. The ORGANIZER reserves the right to refuse and disqualify any participation considered offensive, violent, inappropriate or outside the ORGANIZER's corporate values at the discretion of the ORGANIZER.
II. VALIDITY AND LIMITS OF DYNAMICS
The dates to participate in the DYNAMICS will begin on August 11, 2022 and will end on August 25, 2022, time of Mexico City, Mexico (hereinafter referred to as the “VALIDITY”).
III. Mechanics of DYNAMICS
Participation in the DYNAMICS implies the knowledge and acceptance of the BASES indicated here by the PARTICIPANTS. It is essential to agree with all the clauses and terms and conditions set out in the BASES of DYNAMICS. Their acceptance implies being governed by them for the development of DYNAMICS. The requirements, the DYNAMICS, the restrictions and the decision of the winners of the PRIZES are not appealable, nor are they subject to negotiation or modification of any kind. The ORGANIZER reserves the right to make any type of change without prior notice, which is why the PARTICIPANTS undertake to periodically review the RULES during the VALIDITY of the DYNAMICS.
PARTICIPANTS must: i) tag 3 (three) people in the publication made by the official MINI Instagram account of their Region regarding DYNAMICS, in the comments section; ii) ensure that the 3 (three) people who tag in the post made by the official MINI Instagram account of their Region regarding the DYNAMICS, are also followers of the MINI LATAM account on Instagram; iii) send to the official MINI Instagram account of their Region, through a direct message, the most creative photograph of your pet combining with the MINI brand, either with a lifestyle product, a MINI vehicle, etc., likewise, the PARTICIPANT must send the name of their pet; iv) upload said photograph to your stories in your account/profile of your Instagram social network, tagging the official MINI Instagram account of your Region.
Entries will be received solely and exclusively on the official MINI Instagram account of your Region, where a jury composed of the Board of Directors of the ORGANIZER will choose the 3 best photographs. Subsequently, through a published survey, through an Instagram Story of the official MINI Instagram account in their Region, the followers and/or users of the Social Networks of that account will vote for the 3 best photographs. The first 3 PARTICIPANTS who meet all the requirements, follow the steps of the DYNAMICS completely and correctly, will be considered the winners of the DYNAMICS (hereinafter and indistinctly, the “WINNERS” or the “WINNER”).
The WINNERS will be announced to the general public and all PARTICIPANTS, on August 31, 2022, through a post by the ORGANIZER on their official MINI Instagram account in their Region.
If there is a fortuitous event or force majeure that partially or totally prevents the execution of the RULES, the ORGANIZER may at any time modify, change, cancel, extend, decrease, postpone or cancel the VALIDITY, requirements, terms and conditions as well as the delivery of the DYNAMICS PRIZES, only with the mention in BASES of these changes, with prior written authorization from the ORGANIZER, or any other obligation established in the RULES, these may be terminated by the ORGANIZER by means of a written notice.
IV. Rules for participation in DYNAMICS
a) PARTICIPANTS must be attentive to the ORGANIZER's publications on the official MINI Instagram account of their Region, during the VALIDITY of the DYNAMICS and the BASES.
b) PARTICIPANTS should read, accept and carefully review the requirements, terms and conditions of the BASES and DYNAMICS.
c) Entries made during the TERM period will be eligible to win, provided that the RULES are met.
d) Any participation outside the TERM will be automatically disqualified.
e) The ORGANIZER shall have the power to decide with respect to any situation not foreseen in these BASES according to the criteria and values of the brand.
V. Terms and Conditions
The ORGANIZER shall have no liability for entries lost, delayed, missent, incomplete or that could not be entered through the official MINI Instagram account in their Region, due to technical or other failures.
In the event that the participation of the preliminary WINNERS is incorrect or incomplete; the potential WINNER will lose the PRIZE and an alternate PARTICIPANT will be selected according to the evaluation criteria of these RULES. This process will be repeated until a WINNER is verified.
The ORGANIZER is not responsible for the expenses incurred by the PARTICIPANTS in the DYNAMICS such as electricity supply, equipment, products, accessories, telecommunications service, transport, programs and software and hardware, etc. Nor does it recommend or promote any brand of technological inputs and any other requirement of participation.
The ORGANIZER is not responsible for the expenses incurred by the WINNERS to be creditors of the PRIZE. PRIZES only include what is specifically mentioned in these RULES.
In addition, since participation in DYNAMICS implies acceptance of the BASES, as modified by the ORGANIZER, as well as the decisions it adopts on any matter foreseen or not foreseen in them, the ORGANIZER reserves the right to disqualify any person who jeopardizes the integrity and proper development of the DYNAMICS and GRASSROOTS (defined as any participant who acts alone or jointly with economic, material or information resources in an unfair way towards other participants to obtain the benefit of the promotion regardless of whether the mechanisms they use are unethical, moral or even illegal). In the event that the ORGANIZER disqualifies a participation, no liability of any kind is generated for the ORGANIZER, nor its officials, administrators or staff vis-à-vis the participant or third parties.
Likewise, any form of interaction that contains obscene elements, images and/or phrases that in any way harm or may cause harm of any kind to the ORGANIZER or any of the products of and/or brands licensed in favor of the ORGANIZER, may be automatically disqualified by the ORGANIZER without this implies liability of any kind for the ORGANIZER or its officials, administrators or staff vis-à-vis the user or third parties. PARTICIPANTS must ensure that they have all the necessary authorizations and conduct themselves legally for the photograph with which they participate. The ORGANIZER shall at no time be liable for any consequences of any nature arising from the participation of the PARTICIPANTS in the DYNAMICS.
Any attempt or execution of the application of programs or systems that intend to attack or violate the DYNAMICS and the PRIZES may be prosecuted with the relevant legal actions that in the opinion of the ORGANIZER are sufficient and implies the immediate disqualification and annulment of the PARTICIPANTS who engage in such conduct.
In the event of disqualification of a participant for any reason, the ORGANIZER retains the right to assign the PRIZES, make a new selection of the WINNERS or dispose of the PRIZES at its convenience.
In the event that a winner does not redeem the PRIZE at the established times and dates, the ORGANIZER may assign another winner or dispose of the PRIZE according to their interests.
Any decision of the ORGANIZER will be final, final, and in the event of a tie, the ORGANIZER will decide the alternate winner. In addition, you can change the DYNAMICS of participation at any time.
VI. SAW. Notice to WINNERS and award of PRIZES
The ORGANIZER will contact the WINNERS via Instagram, through the official MINI Instagram account of their Region, on August 24, 2022.
For the awarding of the PRIZES, the ORGANIZER will contact the WINNERS directly via direct message from the official MINI Instagram account of their Region, to coordinate the delivery of the PRIZE.
VII. Release of Liability
a) All obligations borne by the ORGANIZER will be considered fulfilled when awarding the PRIZES to the WINNERS.
b) Any announcement or publication of the name of the potential winner is not official and does not constitute a guarantee that the PRIZE will be awarded to him/her. No potential winner is considered to have won the PRIZE until their eligibility has been confirmed by the process set forth herein.
c) By participating in this DYNAMIC, PARTICIPANTS agree that the ORGANIZER and its members, affiliates, subsidiaries, consultants, representatives, contractors, lawyers, publicists, members of public relations, marketing agencies, as well as their respective agents, directors, employees and representatives (the “Released Parties”) will not be responsible for: (i) delayed, lost, stolen, misdirected, incomplete, unreadable, unreadable, unintelligible, or misrepresented entries, communications or statements, regardless of the method of transmission; as well as for failures in (ii) telephone systems, telephone or computer hardware, software or other technical errors or misrepresentation operation, loss of connection, disconnections, delays or transmission errors; (iii) data corruption, theft and identity theft, destruction, unauthorized access or alteration of holdings or other materials; (iv) any injury, death, loss or damage that may be caused, directly or indirectly, in whole or in part, by participation in DYNAMICS or for the use of the Prize; (v) any printing, typographical, administrative or technological errors in any of the materials associated with DYNAMICS; (vi) any event that results due to force majeure and fortuitous circumstances; and (vii) ambiguity, error, incorrect or imprecise information in these BASES or by incorrect or imprecise information, either caused by the PARTICIPANTS or by any equipment or programming error associated with the operation of the DYNAMICS.
d) By participating in DYNAMICS, the participant agrees to waive any right that it may make as a claim against the Released Parties with respect to any and all losses or injuries (including but not limited to indirect or consequential losses) damages, rights, claims or actions of any kind that result from your participation in the DYNAMICS and/or your acceptance of the PRIZES. You also agree not to claim Facebook and/or Instagram, as well as to completely release any other social network, website or email service from any liability in relation to DYNAMICS.
VIII. Intellectual Property of Content
a) The PARTICIPANTS shall be solely and exclusively responsible for the legality and ownership of intellectual property and copyright rights and guarantee that they have all the necessary rights to the digital data provided.
b) The PARTICIPANTS shall be liable for themselves and exclude the ORGANIZER from any liability by indemnifying it against all losses, damages and/or claims submitted by a third party, due to possible infringement of the industrial property right and copyright of the same. PARTICIPANTS shall, at their own cost, take charge of the defense in such claims if any.
c) Digital data and information shared should not contain statements of a racist, sexist, defamatory nature, statements glorifying violence, or that could be interpreted as mockery, insult or similar offenses against specific individuals or groups. In addition, the information should not contain political, religious, or affiliation views. Any participant who violates this condition will be automatically disqualified and the ORGANIZER reserves the right to take further legal action.
d) THE PARTICIPANT is solely responsible for ensuring that the photograph with which he participates complies with and observes applicable laws regarding data protection, intellectual or industrial property, protection of honor, privacy and one's own image, or any other applicable laws. Thus, it expressly guarantees that it has the prior consent of those persons whose images or other personal data are disclosed through the contents, in accordance with applicable law.
e) By participating in the DYNAMIC, the PARTICIPANTS automatically authorize the ORGANIZER to use images and/or photos that result from their participation in the DYNAMIC, to be used for content on the ORGANIZER's social networks or in any form or medium that the latter considers. Therefore, by participating in the DYNAMIC, PARTICIPANTS grant an exclusive and irrevocable license to use all the photographs with which they participate for the world and even if they are not WINNERS and until it is considered in the public domain. The assignment of rights includes, but is not limited to reproduction, distribution, public communication, making available, as well as any other mode of exploitation for advertising and/or promotion purposes of the ORGANIZER. In addition, the PARTICIPANTS expressly authorize the ORGANIZER to assign/transfer to BMW de México S.A. de C.V. and/or any third party the exploitation rights described above.
f) The PARTICIPANT guarantees that all the works with which he participates in the DYNAMICS are his personal and absolute creation and therefore will be liable for his authorship and for any claim that may be made by third parties in relation to the content or ownership of the works. Likewise, the PARTICIPANT declares that the participating works have not been disclosed or used by third parties prior to their participation in the DYNAMICS.
g) The PARTICIPANT, in this act, accepts as the sole consideration for the property rights of the works (photographs) with which he participates in the DYNAMICS, the PRIZE awarded to him by the ORGANIZER, if applicable, and if he is a WINNER. In the event of not being a creditor of any PRIZE, in accordance with these RULES, the PARTICIPANT waives its right to demand any consideration, royalty, or payment for the license granted to the ORGANIZER.
h) The PARTICIPANTS expressly acknowledge that the works with which they participate in the DYNAMICS may be used by the ORGANIZER for advertising and/or promotional purposes, so if the ORGANIZER considers it so, they expressly authorize the omission of author credit during its use and exploitation in accordance with these BASES and in accordance with the law applicable to the subject matter.
i) The ORGANIZER is not responsible under any circumstances for legal, contractual or other violations that may arise from the photographs, their publication, disclosure or communication, and the PARTICIPANT is solely responsible for such violations and for any damages they may generate, undertaking to maintain indemnify the ORGANIZER and against any claims it may receive from third parties, whether individuals or public or private entities, for reasons of such infringements and against damages of any kind that it may suffer as a result of them.
IX. Miscellaneous provisions
a) The ORGANIZER reserves the right to modify the terms and conditions at any time and without prior notice.
b) The ORGANIZER will not collect personal information considered sensitive due to the performance of this DYNAMIC.
c) The ORGANIZER promotes healthy competition and rejects attacks related to non-competition, so it will be understood that fraud occurs, when, by way of example, but not limited to the following happens:
- A single person participates in the DYNAMIC with different Instagram accounts.
- The PARTICIPANT provides false or incomplete data.
- The information given in the DYNAMICS and in the BASES is reproduced or altered.
- Any attempt, abuse or act of bad faith in which he takes advantage of the DYNAMICS or puts himself in a privileged position, as well as any other activity that alters fair competition for the PRIZES.
d) Informative and explanatory materials related to DYNAMICS form an integral part of these BASES. However, any of the terms and conditions in the informational and explanatory material relating to DYNAMICS that are contradictory to these BASES will not be valid and these BASES will prevail.
e) This DYNAMIC does not apply to employees of the ORGANIZER or employees of business partners (Importers, Suppliers, Media, etc.).
f) It is noted that any brand related to the PRIZES does not act as sponsors of this DYNAMIC, nor do they relate in any way to it or the PRIZES that the ORGANIZER will award to the WINNERS.
g) The DYNAMICS, the BASES and any controversy arising therefrom are subject to the legislation of Jamaica , and to the exclusive jurisdiction of the courts in the City of Kingston. The PARTICIPANTS and WINNERS in the DYNAMIC expressly waive any other jurisdiction.
X. Acceptance of these BASES:
By participating in the DYNAMICS, these TERMS and CONDITIONS are accepted, as well as the corresponding Privacy Notice.