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#WowXperia Campaign Terms & Conditions

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Please read and review the following terms and conditions carefully before entering in the “#WowXperia campaign” (“Campaign”) organized by Sony Electronics Inc. By entering the Campaign, you shall be deemed to have agreed to these terms and conditions. The Campaign is in no way sponsored, endorsed or administered by, or associated with Instagram. Instagram is hereby completely released of all liability by each participant in this Campaign. 

  1. The Campaign is open to individuals who have an Instagram account and are the age of majority (18+, 19+ in AL, NE) in their country or region at the time of entry. The individuals who are under the age of majority in their country or region at the time of entry are not allowed to enter the Campaign without a consent of their parent or legal guardian.

  2. To enter the Campaign, you must complete the following steps:

  • Step 1: follow the @SonyXperia Instagram account and

  • Step 2: upload to your Instagram account photo(s) and/or movie(s) taken by you personally using an Xperia device and add the following hashtags:

  • #WowXperia

  • The name of your country or region, e.g., #Germany

  • The name of your Xperia device, e.g., #Xperia1lV (All Xperia series smartphones are accepted.)

  1. The photo(s) and/or movie(s) must have been taken using an Xperia series smartphone. Your Instagram account must be set to public in order to participate in the Campaign.

  2. Participants are prohibited from tagging or entering any defamatory, libellous, obscene, pornographic, profane, threatening, or unlawful material (both in respect of photo(s) and/or movie(s) and any associated comments/tags) or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law or Instagram’s Terms of Use.

  3. We will select the photo(s) and/or movie(s) in line with the concept of the Campaign out of the entries participating pursuant to these terms and conditions, at our sole discretion, and share on “Sony Group” (means Sony Electronics, its subsidiaries and affiliates) websites and social media accounts (Collectively, “our Media”). After the selection process, we will contact you using Instagram Direct from @SonyXperia Instagram account for the purpose of verifying the details of the photo(s) and/or movie(s). You acknowledge and agree that we will not make any monetary payment, consideration, gift, or any other value in kind to you (e.g., devices) in return for selecting your photo(s) and/or movie(s).

  4. By entering the photo(s) and/or movie(s) into the Campaign, the participant warrants that:

  1. the photo(s) and/or movie(s) comply fully with these terms and conditions and Instagram’s Terms of Use; 

  2. the photo(s) and/or movie(s) are original taken by the participant using an Xperia series smartphone; 

  3. the participant owns all rights (including copyright) to grant the license of the photo(s) and/or movie(s) to us pursuant to these terms and conditions; 

  4. the photo(s) and/or movie(s) do not infringe the rights of any third party (including the right of publicity, privacy, or any other equivalent rights of a person); 

  5. permission (including permission from parents or legal guardians, in case any image and any other personal information of children  included in the photo(s) and/or movie(s)) has been obtained to use the image and may be promptly shared with Sony upon request; and

  6. the appropriate licenses, permissions and/or releases have been obtained to use any music, images, video, audio, photos, text, or other materials contained in such photo(s) and/or movie(s) from the owners thereof. The participant acknowledges that the submission of the photo(s) and/or movie(s) from third party sources (including, for example, other websites or blogs) is prohibited.

  1. Entries shared by us may be excluded from our Media at any time, at our sole discretion.

  2. The participant grants us an irrevocable, non-exclusive, worldwide, free of charge, fully paid-up licence to copy, modify, edit, adapt, publish, reproduce, display, distribute or otherwise use the photo(s) and/or movie(s) in any our Media (including a right to sub-license to other Sony Group companies) for commercial purposes. In particular, the participant acknowledges and agrees that the photo(s) and/or movie(s) may be published on our Media and that we may edit or alter the selected photo(s) and/or movie(s) (e.g. cropping or addition of image, music or sound effects). Any other use of the photo(s) and/or movie(s) will be subject to an agreement with the participant. The participant warrants that it has the rights necessary to grant the licence set out in this section. The participant agrees to waive all moral rights in the use of the photo(s) and/or movie(s).

  3. We shall have no liability in respect of the use or publication of the photo(s) and/or movie(s) and the participant shall be solely responsible for resolving any disputes with third parties relating to them, at their own cost and expense. The participant agrees to defend, indemnify and hold harmless us, Sony Group companies and each of their officers, directors, employees and agents from and against any claims, damages, losses, costs or expenses of any kind whatsoever arising in connection with participation in this Campaign, including the use by us of the photo(s) and/or movie(s).

  4. We make no representations or warranties whether express or implied, regarding this Campaign, other than as expressly set out in these terms and conditions. We shall not be liable for any technical errors or errors on the Instagram platform or Internet that may prevent a participant from entering the Campaign or from receiving or sending direct messages. 

  5. Failure by us to enforce any of these terms and conditions shall not constitute a waiver of that provision.

  6. This terms and conditions shall be governed by the law of California USA without regard to conflict of law principles.

  7. Should a dispute or claim arise related to the Campaign (“Dispute”), participant and Sony agree that the Dispute shall be resolved exclusively through binding arbitration.  PARTICIPANT UNDERSTANDS AND ACKNOWLEDGES THAT BY AGREEING TO ARBITRATION, PARTICIPANT IS GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) IN ANY DISPUTES IN COURT. PARTICIPANT ALSO AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL ONLY CONSIDER PARTICIPANT’S INDIVIDUAL CLAIMS, AND SONY AND ENTRANT AGREE NOT TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION.   

  8. Arbitration Instructions. To begin arbitration, either participant or Sony must make a written demand to the other for arbitration. The arbitration will take place before a single arbitrator. The arbitration will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules and the Supplementary Proceedings for Consumer-Related disputes (“Rules”) of the American Arbitration Association (“AAA”), when applicable and in effect when the claim is filed. participant may get a copy of AAA’s Rules by contacting AAA at (800) 778-7879 or visiting www.adr.org. The filing fees to begin and carry out arbitration will be shared between participant and Sony, but in no event shall participant fees ever exceed the amount allowable by the special rules for Consumers Disputes provided for by AAA, at which point Sony will cover all additional administrative fees and expenses. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the arbitration when appropriate pursuant to the Rules. Unless participant and Sony agree differently, the arbitration will take place in the county and state where participant live, and applicable U.S. federal or state law shall govern the substance of any Dispute during the arbitration. However, the U.S. Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern the arbitration itself and not any state or other law on arbitration. The arbitrator’s decision will be binding and final, except for a limited right of appeal under the U.S. Federal Arbitration Act.  Any judgments or awards shall be limited to actual incurred out-of-pocket expenses (excluding attorneys’ fees) associated with participation in the Campaign and shall not include any indirect, punitive, incidental and/or consequential damages.

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