By applying for the Project, you (“you”; “your” or “the Participant”) acknowledge that you have carefully read and fully understood all the terms herein, and that you are voluntarily entering into this legally binding document with DJI (as defined below).
Equipment Provider/Promoter: 1. iFlight Technology Co Ltd (“the Company” or “DJI”), which has its principal place of business at Units 912-916, 9/F, Building 16W, Science Park West Avenue, Phase Three, Hong Kong Science Park, Pak Shek Kok, New Territories, Hong Kong,
Project: 2. You will sign up on the Color Run website page first and if you qualify based on your details submitted, the Color Run will send you an email to inform you that you have been selected. The email will instruct you to collect your loaned Osmo Action on the event day (“Competition”).
Loan Period: 3. Your loan period will commence on the day of the event in which you are participating in. For ease, the Color Run events are held: Perth event on 20 October 2019, Sydney event on 10 November 2019 and Melbourne event on 24 November 2019. You will borrow the Osmo Action and the accessories (“Equipment”) on your relevant event day and you will only use the loaned Equipment in that Color Run event and return the loaned Equipment on the same day following completion of the event.
4. THE PARTICIPANT’S OBLIGATIONS (“the Deliverables”). You agree to the following: a. Create a 1-2 mins video using the materials shot by the Equipment during the event and submit the video within 3 days after your relevant Color Run event. You will submit your video via the Color Run website. b. License all photos, footage and their derivatives selected by the Company and shot by the loaned Equipment to DJI and The Color Run for use in all media in perpetuity. You waive all moral right to the content provided to the Company and The Color Run. c. DJI will select the best video and give an Osmo Action to that winner and his/her companion as a gift (the “Prize”).
5. ACKNOWLEDGMENT OF EQUIPMENT LOAN. You acknowledge and agrees that the loaned Equipment is not considered “as new” and is being supplied to you without charge. You will notify the Company of any problems or mechanical issues with the Equipment during the Loan Period of this agreement.
6. WARRANTY. You represent and warrant that you will not, nor permit any other person, to conduct any of the following: a. Sell, resell, assign, transfer, lease, rent or otherwise make commercially available attempt to the Equipment or the content captured by the Equipment. b. Unlawful, improper use of the Equipment or any use not expressly authorized by DJI. c. Use the Equipment to infringe, misappropriate, or violate any third party's rights, or any applicable Law, or to otherwise engage in any fraudulent activity. d. Other actions which might undermine or infringe DJI’s goodwill, Intellectual Property right, trade secret or other proprietary rights.
7. LOST OR STOLEN EQUIPMENT. You are liable for all lost or stolen Equipment. You agree and acknowledge that the unit price per Equipment is AUD 499.
8. OWNERSHIP OF EQUIPMENT. The Participant agrees to return the Equipment to the Company, at the end of the relevant event day, in as good a condition as when the Equipment was provided to you, except for reasonable wear and tear. DJI may report any shortages, defects or damages of the returned Equipment to you and you agree and acknowledge that you will be obligated to pay repair or replacement expenses with reference to the retail price of the Equipment and its parts within fifteen (15) days upon DJI’s request.
9. GRANT OF LICENSE. You hereby acknowledge, agree and assign all Deliverables captured by you or that features you (including any rights, titles and interest), to DJI and the Color Run. DJI and the Color Run will be entitled to use the Deliverables in any and all media (whether such media exists now or in the future) and otherwise use the Deliverables, in whole or in part, at DJI’s or the Color Run’s discretion, at no further cost from DJI or Color Run to you.
10. You grant DJI and/or the Color Run consent to do or omit to do any and all acts in relation to the Deliverables that would otherwise infringe any past, existing or future moral rights in the Deliverables assigned by you to the Color Run and/or DJI. You waive any rights you may have to take action against DJI and/or the Color Run in relation to any act or omission by DJI and/or the Color Run which would otherwise infringe your said moral rights.
11. LIMITATION OF LIABLITY. In no event shall DJI and/or Color Run be liable for any damages and/or costs arising out of, or related to the Equipment, its operation, maintenance, repair and technical support. In no event shall DJI be liable to you or to any other party for any indirect, incidental, special or consequential damages, or damages for lost profits or loss of business, however caused and under any theory of liability, whether based in contract, tort (including negligence) or other theory of liability, regardless of whether DJI was advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy.
GENERAL. 12. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. 13. Incomplete, indecipherable or illegible entries will be deemed invalid. 14. Multiple entries during the Promotional Period are not permitted. 15. The Prize is not transferable or exchangeable and cannot be taken as cash. 16. Any ancillary costs associated with taking the Prize, other than those included above in paragraph 11, will be the sole responsibility of the winner and his/her companion. Spending money, any further accommodation, meals, travel insurance, transport to and from departure point and all other ancillary costs, as well as obtaining any of these, are the responsibility of the winner and his/her companion. Any cancellation fees or changes to the itinerary will remain the cost of the winner and his/her companion. 17. All components of the Prize must be taken together or otherwise are deemed to be forfeited. Prize cannot be taken as cash. 18. The Prize is subject to these terms and conditions, including any applicable age restrictions. The Promoter hereby expressly reserve the right to eject the winner (and/or his/her companion/s) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize. 19. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion. 20. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant (independent financial advice should be sought); or (f) use of or participation in the prize (i.e. travel). 21. The Promoter and the Color Run collects personal information in order to conduct the promotion and the Competition and may, for these purposes, disclose such information to third parties involved with the promotion and the Competition, including but not limited to agents, contractors, service providers, Prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter. 22. In the event of war, terrorism, state of emergency, disaster or any other circumstance beyond the control of the Promoter, the Promoter reserves the right to either provide an alternative travel destination to the same value as the original Prize or, subject to any applicable laws or written directions made under applicable legislation, to cancel, terminate, modify or suspend the promotion.
23. LEGAL COMPLIANCE; GOVERNING LAW. This Agreement is governed by the laws of Victoria and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.
24. DATA PROTECTION. You agree that you have full responsibility for backing up and protecting all data used in connection with the Equipment and the impact it may cause on your data, and specifically holds DJI and/or Color Run harmless from any damages to your data.