PEP CHALLENGES RULES & POLICY
YOU ACKNOWLEDGE THAT YOU HAVE READ & UNDERSTOOD AND ACCORDINGLY AGREE TO BE BOUND BY THESE TERMS AS A PRE CONDITION TO YOUR PARTICIPATION IN THE PEP CHALLENGE ORGANISED BY PEPPRO COLLECTIVE PRIVATE LIMITED. BY PARTICIPATING IN THE CHALLENGE, YOU AGREE TO BE UNCONDITIONALLY BOUND BY AND IN COMPLIANCE WITH THE TERMS BELOW:
1. REQUIREMENTS FOR AN ENTRY: By entering the Competition, the Entrant represents, acknowledges, and warrants that each submitted photograph (each, an “Entry”):
(i) is their original work created solely and entirely by the Entrant,
(ii) does not infringe on the copyright, trademark, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity,
(iii) is free of any third party claims and that no other party holds any right, title, or claim in the Entry,
(iv) does not violate any law or regulation, and
(v) is processed or produced lawfully.
2. WHO IS AN ENTRANT:
(i) An Entrant is defined as 1 photographer. For example, a studio of 3 photographers must submit 3 separate entries to be awarded as individuals.
(ii) Eligibility: This Challenge is open only to those who are above 18 years of age, based in any country in the world.
3. ENTRY PROCESS
(i) Cost of each entry submission is shown to you after upload, and the purchase process must be completed for the entry to be valid
(ii) Submission into multiple categories are allowed, and each entry will be considered as separate.
(iii) Entries will be accepted online through the PEP App / Website for the time-period specified.
(iv) How to Enter: The Challenge can be entered by clicking on the 'Participate' button and uploading your photo. You may enter more than one photo for any challenge.
(v) You may be asked to engage in social media promotions by PEP and you agree to do the same so long as such requests are reasonable.
(vi) Any state/ provincial/ territorial, and/or local taxes, fees and surcharges and taxes (whether foreign or domestic, and including income tax) on any prize that may be awarded to You under the Challenge will be solely paid by You.
4. ENTRY CONTENT REGULATION:
(i) RESPECT OF SUBJECT RIGHTS: To the extent the Entry depicts any individual, the Entrant represents, acknowledges, and warrants that Entrant has obtained permission from each person appearing in the Entry or, if that person is a minor, permission from that person’s parent or legal guardian, to grant all of the rights listed in these Official Rules, and can make written copies of such permissions available to PEP upon request.
(ii) LAWFUL AND ETHICAL CONTENT: The Entry shall not be obscene or indecent, it must not contain defamatory statements, it must not include threats to any person, place, business, or group, it must not invade privacy rights or any other rights of any person, business, or group, and it must not name or depict any third party without his/her permission. Even if photograph is bona fide, it must not be procured through illegal means: please follow the local law. The Entry shall not depict or encourage any dangerous, life-threatening, or otherwise risky behavior.
(iii) NON INFRINGEMENT: By entering this content, You represent and warrant that your entry is an original work of authorship, or that you own the copyrights to the image, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be barred from participating in further PEP Challenges and PEP may choose to bar you from the site/app altogether. All decisions are at the sole discretion of PEP. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless PEP from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which PEP may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
(i) Rights Granted by You: By entering this content, You understand and agree that PEP shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, picture, image, statements about the Challenge, and biographical information, that you have consented to divulge, for news, publicity, information, trade, advertising, public relations, and promotional purposes, without any further compensation, notice, review, or consent.
(ii) Entrant grants to PEP and each of its designees, licensees, and assigns (“Authorized Parties”), a perpetual, non-exclusive, worldwide, royalty-free license to reproduce, distribute, display, and post the Entry in any media for the purposes of promoting and administering the collection. The Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. The Authorized Parties may not sublicense or sell any of the foregoing rights to any third party.
6. NO CONTRACT OR AGENCY WITH PEP: Entry into competition does not amount to contract with PEPPRO Collective Private Limited.
7. PRIZE: Prize is discretionary, may change subject to discretion of PEP and its officers, and is non-transferable. There shall be no liability of PEPPRO Collective Private Limited in case of delay of prize declaration or awarding thereof. Physical prizes will only be delivered in India unless expressly indicated otherwise.
8. DISCRETION OF PEP:
(i) You agree to accept the decisions, if any, of PEP (PEPPRO Collective Pvt Ltd.) as final and binding as it relates to the content of this Challenge.
(ii) PEP reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Challenge should virus, bug, non-authorized human intervention, fraud, or other cause beyond PEPs control corrupt or affect the administration, security, fairness, or proper conduct of the Challenge. In such case, PEP may select the winning entry/entries from all eligible entries received prior to and/or after (if appropriate) the action taken by PEP.
(iii) PEP reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Challenge or website or violates these Terms & Conditions.
(iv) PEP has the right, in its sole discretion, to maintain the integrity of the Challenge, including, but not limited to: multiple entries from the same computer in excess of that allowed by Challenge rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Challenge may be a violation of criminal and civil laws. Should such attempt be made, PEP reserves the right to seek damages to the fullest extent permitted by law.
(v) Any unsolicited advertisements, spams, cursing, discrimination etc are prohibited and you are requested to report any of the foregoing immediately at email@example.com. Spammers, trolls, unsolicited advertisers will also be banned from the PEP app/website.
9. Limitation of Liability: By entering, You agree to release and hold harmless PEP and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Challenge (ii) technical failure of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
10. Disputes: THIS Challenge IS GOVERNED BY THE LAWS OF THE UNION OF INDIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Challenge, participant agrees that any, and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Challenge, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Mumbai, India. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Challenge). Participant further waives all rights to have damages multiplied or increased.
(ii) The personal information provided to PEP by You shall only be used for the purposes of this challenge. All participants are entitled to access, cancel, oppose and rectify the details about the personal data (such as names, addresses, etc.) contained in the file by sending their request by email to firstname.lastname@example.org
12. By checking here, You, the Participant, have affirmatively reviewed, accepted, and agreed to all of the term set out here and the policies of PEP set out at http://getpepped.com/pep-challenges-policy