HONOR MAGIC MOMENTS Awards (hereinafter referred to as the "Competition") is a professional mobile phone image Competition organized by Honor Device Co., Ltd. and its global affiliates (the "Organizer" or "HONOR") for global consumers. Following the principles of fairness, impartiality and openness, the Competition selects high-quality images from all over the world and hereby formulates and implements the following clauses.
Before entering for the Competition, you must confirm that you have carefully read and fully understood the contents of the HONOR MAGIC MOMENTS Awards Privacy Statement (hereinafter referred to as "Privacy Statement") and the HONOR MAGIC MOMENTS Awards Entry Agreement (hereinafter referred to as the "Agreement"), and agree to abide by relevant rules.
Article 1 Qualification for Entry
1. You must be at least 18 years of age or the legal age of majority in your region to participate in this Competition.
2. You shall ensure that your work has not been disclosed or published anywhere. Work that has won prizes in other competitions will not be accepted for this Competition.
3. You will be disqualified from this Competition in the event of any of the following circumstances:
(1) The jury considers the works you submit to be copies of works by others;
(2) It is discovered during the evaluation that you fail to comply with the regulations of this Competition;
(3) You provide false materials or violate relevant laws and regulations;
(4) The works you submit infringe any legal rights of a third party, including but not limited to intellectual property rights and personality rights.
(5) You submit any works or engage in any activities in the Competition that are false, defamatory, tortious, harmful, pornographic, aggressive, bullying, harassing, scandalous, hateful, inciting, threatening, profane, obscene, invading privacy, or otherwise offensive, including, but not limited to, facilitating illegal activities, having obvious sexual descriptions, promoting violence, and any discriminatory or illegal content and behavior that cause or may cause personal property loss or injury, and may result in civil or criminal liability under applicable laws.
Article 2 Rules
1. Expiration Time
The submission deadline for this Competition is November 30, 2021, at 24:00 (Beijing Time GMT +8). You may not upload, modify or delete your work after the submission deadline to ensure the fairness of the competition.
2. How to participate in the Competition
Search for HONOR MAGIC MOMENTS Awards through the Internet, or learn more about the Competition via following the official Weibo and WeChat accounts of HONOR. You can submit your contributions through the official website of the Competition (https://www.hihonor.com/magic-moments-awards-2021/en/), and submission through email will not be accepted. You can also participate in the Competition through HONOR Club and other official channels, as well as official cooperation channels. When submitting works through the official website of the Competition, you need to register, log in to your account, and authorize us to use your relevant information to uniquely identify you before you upload, view and manage your works. As such, we will collect your username, mobile phone number or email address, age and gender (optional), which will only be used for this Competition.
3. Rules of the Competition
(1) You may submit multiple works, but you can only receive one award at most for each entry.
(2) There are 8 categories on the official website of the Competition, including Portrait, Dark Night, Landscape, Abstract, Documentary, Dusk and Dawn, Cityscape, and Creatures. Each work can only be uploaded through one category. For other channels, please refer to their respective requirements for submission.
(3) The works you upload will be preliminarily examined by our staff, and the works that have passed the preliminary examination will be qualified for the award. After the submission deadline (November 30, 2021), the organizing committee of the Competition and the preliminary examination panel will pick outstanding works that meet the standards for the final appraisal. (4) The expert jury will determine the final winning works based on aesthetic composition, creative perspective, underpinning theme and theme relevance in accordance with the standards of justice, professionalism, and rigor. Please note that before Wednesday, December 1, 2021, if you voluntarily request to withdraw from the Competition after your work has passed the examination, you will be disqualified from the award.
4. Requirements of the Entries
All entries should be images taken using HONOR mobile phones, with no restrictions on the shooting time and model of phone. Post-processing for entries is only allowed with HONOR mobile phone (third-party software is accepted). Please ensure that your entries are in jpg format, that the photo shall be more than 1000 pixels on the shortest side, and that the size of a single photo is not more than 30 MB.
5. Special Notes
You shall ensure that the works you submit meet the requirements of the entry guide and relevant rules; otherwise you may not be able to participate in the appraisal due to failure in the examination. If the aforementioned regulations must be changed due to unforeseen circumstances, the Organizer will notify the participants as soon as possible (including but not limited to official website announcements). The most recent rules published by the Organizer prevail at that time.
Article 3 Intellectual Property Rights and Other Rights and Interests
1. When you enter for the Competition, you should have independent, complete, clear and undisputed copyright of your works. All entries you submit must not be authorized for commercial use by any organization or individual (whether paid or unpaid), must be your original, and must not copy or appropriate works by others. You shall also ensure that the works you submit do not infringe any rights of a third party, including intellectual property rights, portrait rights, reputation rights, privacy rights, etc. You shall be liable for all relevant disputes caused by violation of the above guarantee, and the Organizer and the Competition Sponsor assume no responsibility. The Organizer has the right to disqualify you for the Competition and require you to refund all bonuses and gains obtained from the Organizer and its affiliated companies for the entries, and compensate for all losses you cause to the Organizer and its affiliated companies.
2. The Organizer has the legal right to use all the entries provided in this Competition. By providing a work, you agree to grant the Organizer and its affiliates any form of commercial use, copy, amendment, publication and promotion free of charge across the globe from the date of submission, including but not limited to any other global media and marketing activities, such as online media, print media, printed materials, photo exhibitions, retail stores, roadshows, digital content, and outdoor media, and the authorization of the above rights to use, copy, modify, and publish to third parties for use. Please note that the Organizer will not notify you of that separately when using the work. In addition, the Organizer and its affiliates have the right to derive and develop the entries awarded, including re-developing the entries into dials, themes and wallpapers, and making reasonable and necessary edits for such peripheral products as mobile phone cases, mobile phone back films, computer bags, canvas bags, watchbands, retail gifts, other HONOR or designated products.
3. You agree that not only the finalists or works awarded in this Competition may be publicized globally on the official website, but also the name, picture or video of the works and the nickname of the author may be displayed on our cooperation channels, including HONOR official website, "Theme" app, "HONOR Club", HONOR International Community and the placement channels of other relevant partners.
Article 4 Responsibilities and Obligations
1. Once the works are submitted during the Competition, it is deemed that you agree and abide by relevant regulations of the Competition. You shall be liable for settling any disputes arising from your violation of this Agreement, and you shall compensate the Organizer and its affiliates for the losses.
2. You are not allowed to submit any works with the following properties or carry out any activities of the following nature in the Competition: false, defamatory, tortious, harmful, pornographic, aggressive, bullying, harassing, scandalous, hateful, inciting, threatening, profane, obscene, invading privacy or otherwise offensive, including, but not limited to, the promotion of illegal activities, the existence of explicit depictions, the promotion of violence, and any discriminatory, illegal content and behavior that causes or may cause loss or injury to person and property and may give rise to civil or criminal liability under applicable laws.
3. During the Competition, you are not allowed to transfer or authorize your entries to any third party, and you are not allowed to use your entries to participate in other activities that are the same as or similar to this Competition; otherwise, the Organizer has the right to disqualify you for the Competition and award.
4. If you fail or waive the obligation to transfer or authorize the copyright to the Organizer and the partner, you will be deemed to have voluntarily waived the corresponding awards and bonuses. If you revoke the copyright transfer or authorization halfway, you are aware of and agree that the Organizer is allowed to keep promotional materials regarding your entries and self-introduction as it is difficult to remove them from channels after they are published online or offline.
5. The participants of the works awarded must assist and cooperate with the Organizer to use the works awarded for development, production, sales and other commercial purposes, including but not limited to providing written permission, copyright registration certificates or other ownership certification materials of the works awarded.
6. You agree and confirm that your name, contact phone number, email address, bank account number, personal ID card or passport information, mailing address, and other My Profile you provide are valid and can be used by the Organizer to contact you and send out bonus and prizes. The Organizer collects and processes your My Profile only for the above purposes within the scope permitted by applicable laws according to the HONOR MAGIC MOMENTS Awards Privacy Statement of this Competition. Please ensure that the My Profile you provide is complete and accurate. After the award information is disclosed, the Organizer will contact winners to verify their registration information. If the prize fails to be sent out due to incomplete or incorrect My Profile of the winner, it shall be deemed that the winner automatically waives the right to win the prize, and the Organizer will not re-deliver the prize.
Article 5 Breach of Contract and Indemnification
1. To the fullest extent permitted by applicable laws, you will defend, indemnify and hold harmless HONOR and/or its affiliates from and against any and all liabilities, damages, costs, litigation fees and attorney fees arising out of or resulting from any claims, litigations or propositions (including any claims arising from negligence) arising from or in connection with the following reasons:
(1) You breach of this Agreement;
(2) Any dispute between you and other participants;
(3) You breach of any applicable laws and regulations.
At HONOR's reasonable request, you promise and agree to immediately and completely help and cooperate with HONOR in defending against the aforementioned claim or request. HONOR has the right to defend it at its own expense, and also have full power to deal with matters related to your indemnification.
2. To the fullest extent permitted by applicable laws, your participation in this Competition is at your own risk. HONOR's maximum and full liability to you and your only remedy for any and all indemnifications, claims, legal procedures, liabilities, obligations, losses, damages, costs and/or property losses caused by your participation in this Competition under this Agreement is based on the actual losses you have suffered, and whether in contract, tort (including negligence) or otherwise, the indemnification to you shall not exceed the benefits that HONOR obtains in accordance with this Agreement. You clearly understand and agree that HONOR will not be liable for any loss or damage to internal information, loss of profit, loss of business or goodwill, business interruption, and/or any indirect, incidental, special, derivative or punitive damages (even if HONOR has been notified the possibility of such damage).
Article 6 Bonus and Prize
1. Photographer of the Year Award (3 winners)
- Bonus for creation $10,000
One HONOR Magic3 Pro+ (or equivalent bonus)
2. Excellence Award: (2 winners for each category, 16 winners in total)
- Bonus for creation $1,000
One HONOR Magic3 Pro+ (or equivalent bonus)
3. Recommendation Award (2 winners for each category, 16 winners in total)
One HONOR Magic3 Pro+ (or equivalent bonus)
Each above bonus for creation is pre-tax amount and each physical prize is in a color selected at random.
4. Bonuses for winners from the Chinese mainland, Hong Kong (China), Macao (China), and Taiwan (China) are paid in RMB, and bonuses for winners from other countries or regions are paid in US dollars based on the US dollar exchange rate at the real-time exchange rate on the day when the bonus is paid. The bonus for participants from the Chinese mainland will be withheld from personal income tax by the Organizer. Participants from other countries or regions are requested to handle the bonus tax according to the laws and regulations of specific countries or regions. The winner's certificate (electronic version) will be sent out by email.
Article 7 Governing Law and Right of Jurisdiction
1. Any dispute arising out of or in connection with the Agreement shall be settled by the Parties through friendly consultation. If no agreement can be reached through such consultation within 30 days, the Parties shall be entitled to file a lawsuit with the competent people's court at Futian District, Shenzhen, the signing place of the Agreement.
2. Any dispute arising out of or in connection with the Agreement shall be governed by the laws of the People's Republic of China, without reference to the conflict of laws.
Article 8 Disclaimer
1. You acknowledge that the ideas and/or concepts used in other participants' submissions may be similar to those in your submissions. You understand and agree that you will not claim compensation from the Competition Organizer for any such creative and/or conceptual similarity.
2. You use and browse the website at your own risk. HONOR or parties, title sponsor, event sponsor and the related parties and partners of HONOR involved in the creation, production or delivery of the website shall not be liable for any direct, incidental, consequential, indirect or punitive damage caused by accessing, using, browsing or downloading any materials, data, texts, photos, videos or audio on the website, including but not limited to damage to computer equipment or virus infection, or damage to other property. Save as aforesaid, all contents contained on the website are provided "as is" without warranties of any kind, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Article 9 Miscellaneous
1. There is no charge or return of any entries in this Competition, and only electronic documents are accepted for submission. If the work is not submitted successfully or failed to pass the examination due to your reasons, you shall be liable for all losses and consequences.
2. Under normal circumstances, the Organizer will arrange the bonus payment within 120 working days from the end of the Competition, and the specific payer will be determined by the Organizer. You should provide valid bank account number and other information within the time specified by the Organizer. Participants whose domicile is the Chinese mainland, Hong Kong (China), Macao (China), and Taiwan (China) should provide Class I bank cards. If you fail to provide a valid bank account number within the specified time according to the above requirements, you will be deemed to have given up the bonus, but it does not hinder the right of the Organizer and its affiliates to use your entries under this agreement.
3. All materials on HONOR's official website are protected by copyright laws of all countries or regions in the world. Everyone is forbidden to use any of the above materials for commercial purposes in any way (including copying, modifying, uploading, posting, transmitting, distributing, licensing, selling and publishing) except with written permission. If you need to use the information on HONOR's official website for purposes other than reasonable personal use, you need to obtain HONOR's written consent in advance.
4. If the Organizer needs to suspend or terminate this Competition due to unexpected technical, security or business reasons, we will try our best to inform you before suspension through ways, including but not limited to announcement or email, and we demand your attention for this.
5. If the Organizer makes adjustments (including major changes, etc.) to this Agreement and the Organizer believes that the adjustments may have a significant impact on your rights and obligations, the Organizer will notify you through appropriate means. We recommend that you review this Agreement regularly to ensure that you are aware of any such adjustments made by HONOR. If you continue to participate in the "HONOR MAGIC MOMENTS Awards" after relevant adjustments are released, it shall be deemed that you agree and accept relevant adjustments and updates of the Organizer, and are willing to be bound by them.
6. Nothing herein shall be construed as establishing a partnership or principal-agent relationship between you and HONOR. Neither party shall have the right to incur any liabilities or costs, or enter into any contract or other agreement in the name of or on behalf of the other party.
7. HONOR will not be liable for any failure or delay in fulfilling its obligations hereunder due to events beyond the reasonable control of HONOR. HONOR shall have the right to transfer, subcontract or replace its rights and obligations hereunder.
8. If any provision hereof is held to be invalid, illegal or unenforceable by a court or any other competent authority with jurisdiction, such provision shall be deemed to have been deleted from this Agreement, but any other provisions shall survive.
9. If you have any doubts about this activity, please feel free to contact the Organizer via Magicmoments@hihonor.com for consultation.