Terms & Conditions

THE PROMOTER

The promoter is FUJIFILM Electronic Imaging Europe GmbH of Fujistrasse 1, 47533 Kleve, Germany (“Promoter”).

THE COMPETITION

The title of the competition is the Stay Creative At Home Weekly Photo Challenge.

The prize is: 1x Fujifilm X-A7 and XC15-45mm each week.

HOW TO ENTER

The competition will run each week from 12pm Monday (the “Opening Date”) to 12pm Friday (the “Closing Date”) on the following dates:

Monday 9th November – Friday 13th November 2020

Monday 16th November – Friday 20th November 2020

Monday 23rd November – Friday 27th November 2020

Monday 30th November – Friday 4th December 2020

Upload a photo to your own Instagram account using the respective weekly hashtag (#FujifilmPhotoChallenge1/2/3/4) to enter. No limit to the number of entries per person.

FUJIFILM will not be liable for any failure of receipt of entries due to a technical fault, technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind. FUJIFILM takes no responsibility for any entries which are lost, delayed, illegible, corrupted, damaged, incomplete or otherwise invalid. Any such entries will not be considered valid for entry into the competition.

By submitting a competition entry, you are agreeing to be bound by these terms and conditions.

The competition winner will be selected by the PROMOTER each Friday (13th, 20th, 27th November and 4th December 2020).

The competition is not in any way sponsored, endorsed or administered by, or associated with any other social network or external website where it is promoted.

ELIGIBILITY

The competition is only open to participants with a shipping address within the participating regions (UK & Ireland) aged 18 years or over, except:

employees of the Promoter or its holding or subsidiary companies;

employees of agents or suppliers of the Promoter or its holding or subsidiary companies,

who are professionally connected with the competition or its administration; or (c) members of the immediate families or households of (a) and (b) above.

In entering the competition, you confirm that you are eligible to do so and eligible to claim any prize you may win. The Promoter may require you to provide proof that you are eligible to enter the competition.

If you are under the age of 18, you must obtain written parental or guardian consent to enter and claim your prize. The Promoter may ask you to provide proof of age.

The image submitted can be taken on any camera device.

The Promoter will not accept competition entries that:

have been altered to such a degree that there is little or no photographic content;

are deemed inappropriate for general viewing and do not conform to Fujifilm brand ethics.

The Promoter reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of the competition or if it is suspected that an image submitted is not your own. Entrants in breach of Instagram’s social media guidelines will be reported.

All entrants must have internet access in order to enter the competition. The competition is otherwise free to enter, and no purchase is necessary. We are unable to accept postal entries.

IMAGE RIGHTS, SCOPE OF USE AND TRANSFER OF RIGHTS, CONSENT

FUJIFILM allows pictures to be entered into the competition on the assumption that they are the property of the participant and that the participant is entitled to use them and has obtained the consent from the individuals or from the subjects holding the rights on the trademarks or the art pieces possibly portrayed in the pictures.

By submitting an image, the participant agrees that FUJIFILM and FUJIFILM´s associated companies can use that image in the competition and to promote the image within the context of the competition on its social media channels. For these activities the participant irrevocably transfers to FUJIFILM and FUJIFILM´s associated companies simple usage rights without time or geographical limitation with respect to the submitted image. The participant will be given credit for such image by first and second name, social media handles where supplied. The participant therefore agrees that his/her first and second name, social media handles be published on the aforesaid channels together with the picture sent for the participate to the competition.

The participant shall hold FUJIFILM and its associated companies harmless with respect to any third-party claims arising from and in connection with the use of the image in the competition or for activities described under section 5.2 above, regardless of legal basis.

WINNER(S)

The winners of this prize draw will be selected by the PROMOTER based upon all eligible and valid entries received during and otherwise applicable to the Entry Period. Limit one (1) prize per person.

The winner(s) will be notified via Instagram direct message each Friday (13th, 20th, 27th November and 4th December 2020).

The winner(s) will be tagged on the competition post on Instagram, Facebook and Twitter by Fujifilm Electronic imaging Europe

The decision of the Promoter is final and no correspondence or discussion will be entered into.

The winner(s) full name will be available after the competition closes by emailing [email protected]

CLAIMING THE PRIZE

In order to claim the prize, the winner(s) is required to provide the Promoter with their full name, email address and postal address.

So long as the response in paragraph 7.1 is received, the prize will be delivered free of charge in accordance with our usual delivery terms.

The prize may not be claimed by a third party on the winner’s behalf.

The Promoter will make all reasonable efforts to contact the winner. In the event that the winner fails to respond to the Promoter to confirm their acceptance of the prize within 14 days of being notified by the Promoter, then the prize will be forfeited and the Promoter will be entitled to select another winner in accordance with the process described above.

The Promoter does not accept any responsibility if the winner is not able to take up the prize.

GENERAL PROVISIONS

FUJIFILM reserves the right to interrupt or terminate the Competition at any time, or to change the conditions of participation without prior announcement and without stating its reasons. FUJIFILM will exercise this right in particular if continuing to hold the Competition cannot be guaranteed for technical or legal reasons.

GOVERNING LAW

To the competition and these terms and conditions the laws of Germany shall apply.

DATA PROTECTION CLAUSES

Information concerning the processing of personal data of participants of the photography competition pursuant to Art. 13 GDPR

Dear Participants,

We take the protection of your personal data very seriously. We will process your data in accordance with the General Data Protection Regulation (GDPR) of the EU and with the German Act Concerning the Adjustment to and Implementation of EU Data Protection Law [Datenschutz-Anpassungs- und -Umsetzungsgesetz EU] (also known as the “New German Federal Data Protection Act”). In the following, we will inform you about the processing of your personal data pursuant to Art. 12 and Art. 13 GDPR.

Who is the “controller” with regard to the processing of your personal data? (Art. 13 para. 1 a, b GDPR)

The controller with regard to the processing of data is:

FUJIFILM Electronic Imaging Europe GmbH

Fujistrasse 1

47533 Kleve

Phone: +49 (0) 2821 – 509- 219

Email: [email protected]

Queries relating to data protection can be directed to:

FUJIFILM Recording Media GmbH

Michael Fritsche

Fujistrasse 1, 47533 Kleve

Phone: +49 (0) 2821 – 509- 219

Email: [email protected]

For which purposes and on which legal basis will we be processing your personal data? (Art.13 para.1 c, d and 2f GDPR)

The purpose for processing the data is conducting the photography competition. The legal basis for the processing is Art. 6 para. 1 b) GDPR because the processing of the data is necessary for the performance of a contract (namely the contract concerning the participation in the competition). Furthermore, our Marketing and Communications Department will process your data on the basis of your consent pursuant to Art. 6 para. 1a) GDPR.

Insofar as necessary, we will process your data in order to preserve our legitimate interests or those of third parties pursuant to Art. 6 para. 1 f GDPR, for instance in the assertion of legal claims and the defence in the context of litigations, or in order to ensure the operation and safety of our IT systems.

Insofar as necessary, we will be authorised and obliged to process and transfer your personal data to third parties in order to comply with legal obligations to which we are subject as a controller (pursuant to Art. 6 para. 1C GDPR).

In no respect will we use your personal data for automated decision-making or profiling purposes.

Who will be the recipient of your personal data? (Art.13 para. 1 e, f GDPR)

We will, on principle, not transmit personal data to any third parties, except in case you have given your consent (see above) or legitimate interest exists (Art. 6 para 1 f GDPR). Furthermore, the performance of the contract may involve the transmission of your data to third-party service providers which have been bound by us to confidentiality regarding the data by means of suitable contractual provisions (such as pursuant to Art. 28 GDPR).

Should you become the winner of the photography competition, your winning photo and your actual name will be published in the social media. This will be done on the basis of your consent, which will also expressly include social media (which will also be specifically named).

The processing of your personal data will, on principle, take place in Germany. Insofar as we process data in third countries, we will ensure a suitable level of data protection pursuant to Art. 44 and following GDPR.

For how long will the data be stored? (Art. 13 para. 2 a GDPR)

On principle, we will only store your data as long as legally required. Any data processed on the basis of your consent will be stored until you withdraw your consent. Data processed on the basis of legitimate interest will be stored as long as that legitimate interest exists.

What are your rights and obligations? (Art.13 para. 2 b, c, d, e GDPR)

Each data subject has the following rights:

You have the right of access pursuant to Art.15 GDPR. This means you can ask us for a confirmation as to whether any personal data relating to you are being processed by us.

You have the right of rectification pursuant to Art. 16 DSGVO. This means you have the right to have any incorrect personal data relating to you corrected.

You have the right to have your data erased (the “right to be forgotten”) pursuant to Art. 17 GDPR. This means you can demand of us to immediately erase any personal data relating to you, except that we may not be permitted to erase your data because we may, for instance, have to observe any statutory retention obligations.

You have the right to a restriction of the processing of your personal data pursuant to Art. 18 GDPR. This means we would be obliged to practically refrain from processing your data altogether, apart from the fact of storing them.

You have the right to data portability pursuant to Art. 20 GDPR. This means you have the right to receive the personal data which you have provided to us in a structured, commonly used and machine-readable format and to transmit those data to another controller.

You have the right to withdraw your consent, once granted, at any time pursuant to Art. 7 para. 3 GDPR.

You have the right to lodge a complaint with the competent supervisory authority pursuant to Art. 77 GDPR.

If you intend to make use of your rights, please contact the Data Protection Officer by post or by email (contact data see above).

In addition, you will have a right to object, which will be further explained at the end of this Data Protection Notice.

Competent supervisory authority

Landesbeauftragte für Datenschutz und Informationsfreiheit

North Rhine Westphalia

Street address: Kavalleriestr. 2-4, 40312 Düsseldorf

Mailing address: PO Box 20 04 44, 40102 Düsseldorf

Phone: +49 (0) 211/38424-0

Email: [email protected]

You are only obliged to provide us with those personal data which are necessary for our business relationship and for the performance of the contractual obligations in connection therewith or which we are obliged to collect due to statutory provisions (such as the laws against money laundering, commercial and financial law). Otherwise we cannot or may not enter into a business relationship or a contract with you.

Information concerning your right to object pursuant to Art. 21 of the General Data Protection Regulation (GDPR)

You have the right to object to the processing of personal data relating to you which are being processed pursuant to Article 6 para. 1 lit. f GDPR (processing of personal data on the basis of a balancing of interests) at any time for reasons relating to your particular situation; this also applies to any profiling as per Article 4 no. 4 GDPR taking place on the basis of this provision.

If you object, we will cease processing your personal data, unless we can prove that compelling reasons which are worthy of protection exist for processing them and that these reasons override your rights, interests and rights of freedom, or the processing takes place for the purpose of asserting, making use of or defending any legal claims.

There are no formal requirements for raising an objection, and objections should, if possible, be directed to the Data Protection Officer (see above for the contact data).