"2018 SkyPixel Aerial Photo & Video Contest"
Terms and Conditions

A. Entry Requirements

All Entrants must carefully read and agree to all of the following Terms and Conditions prior to entering the Contest.
SZ DJI Technology Co., Ltd., a company registered in China under the laws and regulations of the People's Republic of China, and with its place of business at 14th Floor, West Wing, Skyworth Semiconductor Design Building, No.18 Gaoxin South 4th Ave, Nanshan District, Shenzhen, China (herein after referred to as “DJI” or “Organizer”), is organizing the “2018 SkyPixel Aerial Photo & Video Contest” (herein after referred to as“Contest”) that will be open to submissions from 2:00pm of December 18th, 2018 to 2:00pm of February 18th, 2019 (Beijing Time, UTC+8). Entries received after 2:00pm of February 18th, 2019 will be ineligible for the Contest.

1. A person satisfying the eligibility requirements set out in Section B below ("Entrant") may enter the Contest by submitting an entry ("Entry") in the following format and in accordance with all Contest rules including those set out in these Terms and Conditions.

2. Each Entry must satisfy the following:

  • i. Include Entrant’s registered account ID with SkyPixel;
  • ii. Include Entrant’s first and last names as appeared on the photo ID;
  • iii. Entrants should ensure the authenticity of information submitted and that all videos or photos are created by themselves;
  • iv. All the entries of photo group must be aerial photos;
  • v. Accord with these Terms and Conditions.

3. Each Entrant can submit an unlimited number of Entries;

4. An Entrant agrees that all Entries must:

  • i. be the Entrant's original and sole work and not based in whole or in part on or copied from the work of any other person or entity;
  • ii. not infringe any Intellectual Property Rights (including but not limited to patents, trademarks, copyrights, etc.) and/or any other rights of any person or entity;
  • iii. not advertise or promote any goods or services;
  • iv. not contain any material which the Entrant does not have permission, right, or license to use;
  • v. not contain any computer viruses or any other components with harmful or contaminating effects on www.skypixel.com ("Campaign Website") or any equipment connected to it;
  • vi. not contain or link to any pornographic, sexually explicit, obscene or indecent content; any private or confidential information or reveal personal information belonging to others or other sensitive information; unlawful, harmful, threatening, harassing, personal attack, defamatory, libelous, tortious, misleading or any otherwise objectionable content; and/or hate speech intended to stereotype a particular gender, sexual orientation, race or religion.
The Organizer has the sole discretion and final decision in determining whether any Entry submitted by an Entrant should be disqualified from the Contest and/or removed from the Campaign Website.

B. Eligibility

The Contest is open to all members of www.skypixel.com. You must have a valid account with SkyPixel in order to enter.
For Entrants who is a minor at the time of entering the Contest, his/her parent or lawful guardian must agree with the participation of the Entrant and read and accept these Terms and Conditions.

  • i. Submission of Entries to the Contest commences at 2:00pm of December 18th, 2018 (Beijing Time, UTC+8) and ends at 2:00pm of February 18th, 2019 (Beijing Time, UTC+8) ("Contest Submission Period").
  • ii. To enter, an Entrant must, during the Contest Submission Period, visit the Campaign Website and submit their Entries with a duly completed entry form. If the Organizer in its sole discretion considers that an Entry submitted by an Entrant does not comply with the Entry requirements set out in these Terms and Conditions, such Entry shall be disqualified and no longer be considered as an Entry. The Organizer will not notify any Entrant of his/her Entries being disqualified and will not return disqualified Entries to any Entrant.
  • iii. Without prejudice to any other rights of the Organizer, the Organizer shall, at any stage of the Contest, have the right to disqualify, without notice, any person and his/her Entry(ies) if the Organizer believes that such person does not meet the above Eligibility requirements or such person has breached any of these Terms and Conditions, submitted any invalid, incorrect, inaccurate and/or insufficient information in relation to the Contest, or tampered with the entry process;
  • iv. Selected Entries and Prize Winners will be announced on the Campaign Website on March 20th, 2019.
  • v. All Entrants acknowledge and agree that proof of dispatch cannot be accepted or used as proof of delivery or successful transmission of an Entry. The Organizer does not accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, unauthorized access to Entries, or Entries lost or delayed whether or not arising during operation or transmission as a result of server malfunctions, computer viruses, system vulnerabilities, or other causes.
  • vi. The Organizer accepts no responsibility for late, lost or misdirected Entries during the online submission process. The Organizer does not provide any confidentiality of the Entries, regardless of whether such Entries are published or not, or as to the identity of an Entrant. An Entrant shall be solely responsible for his/her Entries and the consequences of submitting them for the Contest.
  • vii. The Organizer reserves the right to request an Entrant to provide his/her proof of identity or other information.
  • viii. Prize Winners may be required to submit their work of the original version or version of higher resolution.
  • ix. The Organizer has the sole discretion to determine whether to terminate the eligibility of any Entry and/or remove the Entry from the Campaign Website according to the Eligibility requirements above and other rules of these Terms and Conditions (including Rule F), and/or rescind the Prize(s) if the Entrant or Entry is subsequently found to have violated these Terms and Conditions.

C. Prizes

1. The Organizer has the final discretion as to the total number of Prize Winner(s) and Prize(s) to be awarded in this Contest.

2. The Organizer reserves the right to change the Prize(s) subject to availability. All changes will be announced on the Campaign Website.

3. Each Entrant can only receive one prize at most.

4. Prize(s) cannot be resold, transferred or redeemed for cash.

5. All Prize Winner(s) must respond to the Organizer’s communications within 5 working days in order to accept the Prize(s). Failure to do so will result in automatic forfeiture of the Prize(s), which the Organizer has sole discretion to award to another Entrant.

6. The Organizer has the sole discretion to terminate the Prize Winner(s)’ eligibility for Prize(s) without any notice.

7. Any Prize, award, benefit, item or material an Entrant received from the Organizer, its affiliates, agents, representatives, or business partners may be taxable in the Entrant’s jurisdiction. Entrants are solely responsible for paying income and other taxes on such Prize, award, benefit, item or material.

8. Prizes of this contest include three categories:
Prizes offered by DJI:
Inspire 2 Professional Combo , Zenmuse X7 DL/DL-S Lens Set, Mavic 2 Zoom, Mavic 2 Pro, Mavic 2 Fly More Kit, Ronin-S, DJI Goggles Racing Edition, Mavic Air Fly More Combo, Spark Fly More Combo, Manfrotto Stile Spark/Mavic Small Messenger Bag, DJI Credit, Ryze Tech Tello, Osmo Pocket, Osmo Mobile Carrying Case and the Osmo Mobile 2. Prizes can’t be exchanged or refunded unless the product has manufacturing defects, or sustains damage in transit, which was found when the product was unpacked and checked in the presence of the courier.
Prizes offered by Hasselblad:
One Hasselblad X1D Medium Format Mirrorless Digital Camera (Silver, Body Only) and an XCD 3,5/45 lens. Prizes cannot be exchanged or refunded unless the product has manufacturing defects.
Prizes offered by other sponsors:
Pelican EL22 Elite Carry-On Luggage Case with Travel System, Pelican U160 Urban Camera Backpack, PGYTECH Accessories Combo for MAVIC 2 ZOOM(Professional), PGYTECH Accessories Combo for MAVIC 2 PRO(Professional), Pelican #1400 Case, PGYTECH Accessories Combo for MAVIC AIR (PRO), Pelican 22 oz Traveler Tumbler, PGYTECH Accessories Combo for SPARK(Standard), Pelican SD Memory Card Case, and PGYTECH Carrying Case for TELLO. The sponsor is responsible for shipment and aftersales services.
Any quality guarantee (if any) of the prizes was provided by the third-party supplier, Entrants shall read the instructions and use the product as instructed, the Organizer shall not be responsible for any damages that caused by misusing of the products.

D. Intellectual Property

By entering into the Contest and submitting an Entry, each Entrant hereby grants to the Organizer and its affiliates, and the Organizer and the affiliates hereby accepts, a non-exclusive, irrevocable, royalty-free, worldwide, perpetual, sub-licensable and transferable license to use and exploit the Intellectual Property Rights subsisting in his/her respective Entry(ies). The license under this provision shall provide to the Organizer, its affiliates, and its transferees and sublicensees, to the extent transferred and sublicensed by the Organizer, the right to edit, publish, print, use, adapt, translate, exploit, modify, include in a compilation, copy, disseminate, dispose, load onto its server, broadcast and/or transmit each Entrant's Entry (including photos, videos, etc.) for advertising, promotional, display and/or publicity purposes, and to use the Entries for any and all purposes connected with the Contest and the Campaign Website without any compensation for, further permission by, or notification to the Entrant. Each Entrant also hereby grants each visitor to the Campaign Website a non-exclusive license to access an Entrant's Entry and to view, use, reproduce and/or distribute such Entry for entirely personal recreational purpose.

For selected entries, Organizer and its affiliates are entitled to display, publish, or otherwise use them on the following channels without further authorization from Entrants:

1. SkyPixel website weekly selection;

2. SkyPixel social media (a link, a watermarked image, or an email link);

3. DJI social media (a link, a watermarked image, or an email link);

4. Media partners (a watermarked image with a width of 1920 pixels, or a SkyPixel video link, which will include the author’s name and the competition details).

5. Video websites will promote SkyPixel selected entries, and the contest and author’s name will be acknowledged.

6. DJI offline channels (e.g., selected entries will be printed or displayed by DJI Flagship Stores and authorized dealers.)

E. Changes to Terms and Conditions

1. The Organizer shall have the right to cancel the Contest or amend these Terms and Conditions at any time without prior notice. Any changes will be posted on www.skypixel.com/contests/2018. Each Entrant shall regularly review the latest version of the Terms and Conditions.

2. In the event of any dispute regarding these Terms and Conditions, conduct, results, and all other matters relating to the Contest, the decision of the Organizer shall be final. The Organizer shall not be obliged to consider any appeal by, or to enter into any correspondence with, the Prize Winner(s) or any other person on any matter concerning the Prize(s) and the decision.

3. Nothing in these Terms and Conditions shall confer rights or benefits to any third party.

F. Warranties

Each Entrant hereby warrants and represents that he/she has fulfilled and will fulfill all of the following requirements:

  • i. Comply with all rules and requirements set out in these Terms and Conditions;
  • ii. All data provided for purposes of entering into the Contest is true and accurate;
  • iii. All Entries of the Entrant comply with the entry requirements and rules set out in these Terms and Conditions;
  • iv. The Entrant is the owner of all Intellectual Property Rights in all Entries of the Entrant and/or he/she has the license rights, consents and permissions necessary for submitting the Entry. None of the Entry(ies) of the Entrant infringes any Intellectual Property Right or any other right of any person or entity;
  • v. All persons featured, named or described in any Entry have granted consent and permission to the Entrant to be so featured, named or described and have granted consent and permission for the Entry to be submitted for participating in the Contest and for all uses by the Organizer pursuant to these Terms and Conditions;
  • vi. Without limitation to (v) above, if a minor is featured in the Entry, the Entrant must obtain consent from the parent or guardian of the minor in the scope consistent with (v) above;
  • vii. Until completion of the Contest, the Entrant shall not disseminate or otherwise provide the Entry to another entity for publication or to be made into a print, audio, or video material that includes the same or colorable variation thereof;
  • viii. The Entrant has full power and authority to submit the Entry and that by doing so the Entrant is not breaching any agreement or law to which the Entrant is subject;
  • ix. The Entrant will comply with all applicable laws and regulations in participating in the Contest, including obtaining any flight permits or authorizations that may be required thereunder.

G. Indemnity

To the fullest extent permissible by applicable laws and regulations, each Entrant agrees to indemnify and hold harmless the Organizer and all of its affiliates, directors, officers, employees, and representatives against all and any claims, losses, damages and costs (including any legal costs) arising out of or in connection with any breach by such Entrant of these Terms and Conditions, such Entrant's participation in the Contest or the use, in whole or in part, by the Organizer of any Entry submitted by such Entrant in this Contest.

H. Disclaimer

Each Entrant agrees that he/she enters and participates in the Contest at his/her sole risk. To the fullest extent permitted by law the Organizer makes no warranties or representations of any kind regarding the Contest and the Prize(s), all of which are provided on an "As Is" basis. The Organizer expressly disclaims all warranties including all implied terms and conditions as to merchantability, fitness for a particular purpose, and use of care and skill, to the fullest extent permitted by law. The Organizer assumes no liability or responsibility for

  • i. any errors, mistakes or inaccuracies in running the Contest,
  • ii. any personal injury or property damage of any nature resulting from creating Entries or participating in the Contest, or
  • iii. any unauthorized access to or use of an Entry.

Without limitation, Entrants acknowledge and agree that neither Organizer nor any of its directors, officers, employees or representatives will be liable to an Entrant or to any of the Entrant's family or any third parties for any loss or damage whatsoever, including without limitation, any direct, indirect, special, consequential, incidental, punitive or exemplary damages, or damages for lost profits or savings or loss of contracts, in connection with or resulting from the Entrant entering and participating in the Contest or submitting an Entry or due to any breach of contract or any tortious act including negligence.

No claims, actions or legal proceedings in connection with the Contest or an Entrant's participation in the Contest brought by any Entrant or other interested person will be entertained by the Organizer.

Certain legislation may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified or can only be done so to a limited extent. These Terms and Conditions must be read subject to any such statutory provisions. In particular the disclaimer language in these Terms and Conditions shall not in any way exclude or limit liability for personal injury or death arising from negligence, willful misconduct or fraud or in respect of any matter that by law cannot be excluded.

I. Further Assurance and Supplementary Agreement

Each Entrant, their respective parent/guardian for Entrants who are minors, and in particular Prize Winner(s) and their respective guardian/parent for Entrants who are minors undertake at the request of the Organizer to perform all acts and execute all documents which may in the Organizer’s opinion be necessary to confirm the Organizer’s license to use an Entry.

J. Data Privacy

Participants agree that personal data (for example, name and address) may be processed, shared and otherwise used for the purposes and within the context of the Contest and the Campaign Website. The data may also be used by the Organizer in order to verify the participant’s identity, postal address and telephone number, or to otherwise verify the participant’s eligibility to participate or receive prizes in the Contest. The Organizer may disclose such personal information to judges and third parties, as may be needed for managing the Contest or for marketing purposes.

K. Governing Law

This Contest and the Terms and Conditions shall be governed in all respects by the laws of the People's Republic of China. Any dispute between participants and the Organizer shall be referred to the People's Court for mediation or dispute resolution where the Organizer is located.

L. Contact Information

To contact the Organizer, please send email to skypixel.campaign@dji.com

Confirmation
I have read above 2018 SkyPixel Aerial Photo & Video Contest Terms and Conditions, fully understood and agree to accept it.

Signature:
Date:

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