125 Anniversary Competition
WIN THE KEMPINSKI 125 ANNIVERSARY COMPETITION (hereinafter the “The Competition”) WITH KEMPINSKI HOTELS SA (hereinafter "We" or "Kempinski").
1. To celebrate our 125th anniversary, we have organized a photography contest on the Pixlee platform (https://photos.pixlee.co/kempinski-125) to win an exclusive stay of seven (7) nights at a Kempinski hotel (the "Prize").
2. All eligible "Participants" means a natural person of Eighteen (18) years old or over who shall (i) follow @Kempinski on Instagram, (ii) share his/her best Kempinski memories by posting a digital jpg or RAW format color or monochrome photograph, having a reasonably high resolution (should not exceed 6Mb) between Thursday 1st December at 12am and Thursday 22 December at 11.59 pm ( respectively the Opening and Closing time for voting and/or participating in the Competition) on Instagram or through the Pixlee landing page.
3. By using the hashtag #Kempinski125 on Instagram or uploading a picture on the Pixlee landing page, Participant are deemed to have read and accepted these terms and conditions. Kempinski may use Participants’ photograph for marketing and commercial purposes under the proviso that Participants’ consent for such use of their photograph by providing their digital consent on the Pixlee platform.
4. Employees of Kempinski or of its Affiliates ("Affiliates" means any corporation, limited liability company, association, partnership, trust or other directly or indirectly through one or more intermediaries controlling, controlled by or under common control with Kempinski) shall not be eligible to enter the Competition. Immediate family members of Kempinski’s employees or Kempinski’s Affiliates employees are also not eligible to enter the Competition. The same is true for all third-party companies or consultants involved in the launching of the Competition. Kempinski reserves the right to disqualify any person that it knows is, or has reasonable grounds to believe is, ineligible for the Competition as a result of this rule.
5. It is in the Participant’s sole responsibility to review and to be fully aware of these irrevocable terms and conditions (“Terms and Conditions”) of the Competition before entering the Competition.
6. The Participants undertake to submit an original picture coming from his/ her own personal work and warrant that its use by Kempinski will not infringe any copyright or other related rights of a third party. Each participant shall be entitled to submit at least one picture. Images may be altered digitally. By submitting their entry into the Competition the Participants agree to provide further details about their photograph if contacted in the future.
7. The following types of photographs shall not be uploaded under any circumstances to the Competition:
7.1 Pornographic photographs. This includes, but is not limited to, photographs depicting nudity or sexual situations;
7.2 Files that are illegal and/ or are in violation of any law;
7.3 Photographs intending to harass or spam or promote anything for commercial purposes;
Kempinski reserves the right at its own discretion to refuse or / and delete photographs that do not meet or comply with these terms and conditions. Such Photographs shall disqualify the Participant.
8. Participants grant Kempinski the irrevocable and unrestricted right and permission to photograph them and to use their names, photographs, video, images, voices, likes, shares and any comments arising out of or in connection with the Competition, in whole or in part, and to use, edit, present, transmit, and display them, without restriction, in time, territory in connection with its business, in all forms and media now known or hereafter developed (including Kempinski social media channels and other promotional channels such as offline PR) free of charge.
9. By participating in the Competition, Participants hereby authorise Kempinski and its Affiliates to collect, process, use and transmit their contact details to various locations throughout the world, either directly or through its third party vendors, as Kempinski deems appropriate, whether within the Participants’ countries of residence, Europe, or elsewhere for the lawful purposes of the Competition.
10. By participating in this Competition, each Participant grants Kempinski the right to use his/ her name mailing address, telephone number and email address ("Personal Information") for the purpose of administering the Competition, including but not limited to contacting and announcing the winner and for publicity or promotional purposes relating to the completion of the Competition.
11. Participants agree to release Kempinski and its Affiliates, officers, directors, agents and employees from and against any liability claim or cause of action arising out or in connection with the Competition, or their use of any product(s), including but not limited to : (i) personal injury, property damage or other loss or costs sustained or incurred by the winning Participant; (ii) technical errors related to computers, servers, providers, or telephone or network lines; or (iii) errors in the administration of the Competition.
12. Participants agree to indemnify and hold Kempinski and its Affiliates, officers, directors, agents and employee harmless from any claim or demand, made by any third party due to or arising out of the Participants’ breaches of these Terms and Conditions or their violations of any law or the rights of a third party. Failure of Kempinski to act with respect to a breach by Participants or others does not waive its right to act with respect to subsequent or similar breaches.
13. The winning participants will be elected via online voting. Individuals can take part in the Competition vote free of charge through the Pixlee platform by following the interactive instructions available on the Pixlee platform. The number of times individuals can vote is not restricted (i.e each individual can vote for an unlimited number of photographs) but they can vote only once for the same photograph.
Voting will open at 12 am on Thursday 1st December 2022 and closes on Thursday 22 December at 11.59 pm. Any votes registered outside the voting time will not be counted. In the event of a tie of If the outcome of a vote cannot be reasonably determined because of a technical failure or other circumstances beyond the reasonable control of Kempinski, the outcome of the votes will be calculated taking into account the circumstances and information available at the closing date and time
14. The winning Participants shall not resell the Prize obtained through the Competition and shall not assign, transfer, re-market, or otherwise dispose of, such Prize without obtaining prior written consent from Kempinski.
15. Kempinski shall select, announce and notify the winner on Friday 23 December 2022 via email and/ or via message through Instagram. If one of the winner cannot be contacted or does not respond within 2 weeks of the initial notification, or cannot take up his/her Prize, Kempinski reserves the right to withdraw prize entitlement and select another winner on the same criteria set out above.
16. By entering this Competition, each Participant agrees that if he / she is the winner, he / she:
16.1 hereby grants to Kempinski a perpetual, assignable, non-exclusive, irrevocable, worldwide, royalty-free licence to use (i) the photograph(s); (ii) other works forming part of his/her entry to the Competition; (iii) other materials related to the Competition and without limitation, to scan, copy, modify and create derivative works of such works.
16.2 hereby accepts and agrees to the hotels’ applicable booking terms and conditions.
17. The Prize: Participants can earn one (1) stay at a Kempinski hotel for two persons including seven nights’ accommodation (with breakfast), in the entry room category, in the Kempinski operated hotels of their choice. This prize does not include airfare, travel, visa nor incidental charges to the room made during the winning participant’s stay. The stay does not include insurance, stay extension, personal expenditure and incidental costs or anything other than the elements stated above. All incidental charges must be settled on departure by the winning participant. It is the responsibility of the prize winner (the Kempinski Stay winning participant) to ensure he/she has a valid passport, travel insurance, visa and vaccination where applicable.
17.1.1This Prize may not be redeemed by booking online and shall be valid for one (1) year from the winning date. The seven (7) nights’ accommodation shall be used by the winning participant within the same period, subject to blackout dates and room availability. This Prize is non-transferable and cannot be exchanged by cash. After one year, the Prize shall expire and shall no longer be redeemable.
17.1.2The Kempinski Stay winning participant shall choose at his/ her discretion the person who will benefit from the Prize with him/ her.
17.1.3 GHA Discovery Programme or other loyalty points shall not be earned on the winner’s stay.
17.1.4 Kempinski does not warrant to the winner that travelling to, or accommodation in, the property destination is advisable or without risk, and Kempinski shall not be liable for damages or losses that may result from the winner travelling to, or staying in, such destination
18. The winning participant may be required to take part in promotional activity related to the Prize and he / she shall participate in such activities on Kempinski’s reasonable request. By signing the declaration of consent the winning participant consent to the use by Kempinski and its Affiliates, both before and after the closing date of the Competition for an unlimited time, of his / her voice, image, photographs and name for publicity purposes (in any medium, including photographs and films and on the internet, including any websites hosted by Kempinski and its related companies) and in advertising, marketing or promotional material consideration.
19. The Competition and the Prize cannot be combined or packaged with any other offers or promotions.
20. Neither Kempinski nor its Affiliates involved in creating, producing or delivering the Competition, the room night(s) or any services related thereto, shall be liable for any direct, indirect, incidental, special, exemplary or consequential damages arising out of this Competition, or the inability to, participate in the Competition, or claim the Prize.
21. Subject to applicable law, Kempinski may at any time amend, modify or supplement any terms and conditions applicable to this Competition, and Participants’ continued participation in this Competition will constitute their acceptance of any such amendment, modification or supplementation.
22. If the performance of any service or obligation of Kempinski or any service provider participating in this Competition is prevented, delayed, restricted, or interfered by events or causes beyond their control, Kempinski or the applicable service provider shall be excused from the performance to the extent of the prevention, delays, restrictions or interference.
23. Kempinski reserve the right to end or discontinue the Competition, at its own discretion and at any time.
24. This Competition is not (i) administrated; (ii) sponsored; (iii) endorsed; or (iv) associated with Instragram or any other social medias.
25. Participants agree that any disputes arising out or related to this Competition shall be subject to the exclusive jurisdiction of the courts of Geneva, Switzerland, and these Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of Switzerland.
26. If the courts of Geneva, Switzerland find that any provision of these Terms and Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision, or part of provision, shall to the extent required be deemed to be deleted or amended, accordingly, and the validity and enforceability of the other provisions shall not be affected.
Attachment: The Declaration of consent to be signed by the winning participant