Instagram Terms and Conditions for “#DreamAudi Contest”
1. Eligibility and Participation
1.1. Audi Singapore Pte Ltd (“Audi”) has invited members of the public to participate in Audi’s #DreamAudi Contest (“Contest”). This Contest will take place from 3 June 2020, 1200hrs when the contest is announced, to 4 June, 1200hrs (“Contest Period”). The Contest is held on Instagram.
1.2 In order to take part in the Contest, participants (“Participants”) would have to:
1.2.1 Follow the Instagram page maintained by Audi Singapore (www.instagram.com/AudiSingapore) on the website www.instagram.com (“Audi Instagram Page”), and
1.2.2 Submit an entry in the manner set out in Clause 1.6 herein below during the Contest Period.
1.3. Notwithstanding the aforesaid, all employees, members of management and immediate family members (that is, spouse and children) of the following companies shall not be entitled to participate in the Contest: Audi Singapore Pte. Ltd. and Premium Automobiles Pte Ltd.
1.4. By participating in the Contest, each Participant:
1.4.1 Agrees to be bound by these terms and conditions, including all eligibility requirements,
1.4.2 Agrees to be bound by the decisions of Audi, which are final and binding in all matters relating to the Contest, and
1.4.3 Represents and warrants that he/she will abide by and comply with Instagram’s terms of use.
1.5. Failure to comply with these official rules will result in automatic disqualification from the Contest.
1.6. In order to submit an entry (“Entry”), the following steps must be taken by each Participant:
Step 1: Using the link provided by Audi in Audi’s post for the Contest, the Participant will be referred to a site in which the Participant can select a base model and add configurations to the base model in order to create his/her unique dream car. The Participant must select a base model and add any configurations he/she may deem fit. With the exception of A5 Coupé, A5 Sportback, A5 Cabriolet, RS 4 Avant, S5 Sportback, RS 5 Sportback and RS 5 Coupè, all Audi models will be available for configuration on the site.
Step 2: Once the Participant completes his/her dream car configuration model, he/she must submit the model on the site. A unique Audi code will be generated after the Participant submits his/her configuration model. The Participant must keep his/her codes for verification purposes during the redemption of the Prize if the Participant is selected as a winner.
Step 3: The Participant must post a screenshot of his/her dream car on Instagram using the “stories function”, stating why the model in the screenshot is his/her dream car. The Participant must set the privacy for this post to public and must tag #DreamAudi and @audisingapore for Audi to view the post.
2. Disqualification
2.1. A failure to comply with any of the terms contained in Clause 1 hereinabove would result in an automatic disqualification. Audi reserves the right to permanently disqualify any person it believes has intentionally violated the same and to refuse to accept any Entry submitted by that person.
2.2. Audi furthermore reserves the right to request the Participant or to request Instagram to delete any Entry submitted and disqualify the relevant Participant if it deems in its absolute discretion that the Entry submitted is malicious, morally or politically inappropriate, has no relevance to the theme set or in any way restricts or inhibits other persons from enjoying the Audi Instagram page or the Contest. Entries containing any content, which is inconsistent with Audi’s public image or which are unsuitable for the general public in any way whatsoever shall be automatically disqualified.
2.3. Without prejudice to the above, Audi reserves the right to disqualify any Entry in its sole and absolute discretion.
3. Contest
3.1. After the Contest Period, Audi will review the Entries and may select a winner based on the best Entry, which should include the best caption as to why the configuration in the Entry is the participant’s dream car) within the pool of submissions that fulfilled the conditions set out in Clause 1.6.
3.2. There will only be 1 winner for the Contest.
3.3 In the event that Audi deems (in its sole discretion) that there not enough Entries were submitted or that no suitable Entries were submitted during the Contest Period, Audi reserves the right not to award any Participant, or to vary the Contest Period.
4. Prizes
4.1. Audi will identify the winner (if any) by contacting them via Instagram by reposting the Entry submitted by the winner on Audi’s Instagram page or by using the Instagram ‘stories’ function. All Participants are required to check the Audi Instagram page and Audi’s Instagram ‘stories’ to see if they have won. Audi will also send the winner a message through Instagram on instructions for prize collection.
4.2.1 Subject to Clause 3.3 above, only 1 prize will be awarded.
4.2.2 The winner will be entitled to 1 set of quattro Lego, or such other item as may be determined by Audi in its sole discretion (“Prize”).
4.3 The Prize is not exchangeable, transferable or exchangeable for cash, goods, credit or other prizes of any kind.
4.4. The Prize must be claimed personally by the Prize winner under such directions as Audi may specify. The Participant must produce the verification code (see Clause 1.6 at step 2) at the stage of the redemption of the Prize.
4.5. In the event that the winner does not redeem his or her Prize as set out herein and according to Audi’s instructions, the Prize would be forfeited and the winner shall not have any claim against Audi for such forfeiture or be entitled to any payment or compensation.
4.6. The winner shall be obliged to take part in any advertising or publicity activity, which Audi and its Affiliates may require without any payment or compensation whatsoever.
4.7 The consumption of the Prize shall be subject to the following terms and conditions and all such further terms and conditions which Audi may notify the winner before the consumption of the Prize.
4.7.1. Any additional costs incurred in the process of consuming the Prize shall be solely at the winner’s expense.
5. Intellectual Property Rights
5.1. In consideration of the chance to win the Prize described in Clause 4, the sufficiency of which is hereby acknowledged by each Participant, each Participant hereby absolutely assigns to Audi all Intellectual Property Rights of the Entries submitted by the Participant for the Contest to Audi. The Participant furthermore undertakes to execute any further document required by Audi to affect such absolute assignment.
5.2. The Participant furthermore warrants, represents and covenants that all Entries submitted for the Contest do not infringe directly or indirectly any Intellectual Property Right and agrees to release, defend, protect, indemnify and hold Audi harmless from and against all or any liability, claim, expenses including court costs and fees of solicitors (on a full indemnity basis) or loss or damage sustained by Audi as a result of any breach of this warranty.
5.3. “Intellectual Property Right” shall mean all copyright, patent, design rights, trade mark, applications to register any of the aforesaid rights and any other intellectual or industrial property right of any nature whatsoever in any part of the world.
6. Others
6.1. Audi shall retain complete discretion in deciding on all matters relating to the Contest and all its decisions shall be final and binding on all Participants. Audi shall not be obliged to enter into any correspondence/discussion with any Participant with regard to its decisions.
6.2. Each Participant hereby expressly and irrevocably consents to, and grants to Audi and its Affiliates the right to use the Entries submitted in any manner as Audi shall see fit.
6.3. By participating in the Contest, the Participant acknowledges that Audi and its Affiliates have a right to and gives his/her consent to Audi and its Affiliates to collect and store the personal data/information submitted by the Participant submitted for the purposes of entry into the Contest, to contact and/or mail the Participant (whether electronically or otherwise) at any time with information and/or mailers containing customer service, business, marketing, advertising and/or promotional information of any kind, whether or not related to Audi's programmes, contests, promotions and/or activities, and Audi shall additionally have the right to provide goods and/or services whether by Audi direct or by its designated representatives and/or business partners to the Participant, to conduct market research and analysis, including surveys and polls; and to send the Participant information, promotions and updates including marketing and advertising materials in relation to Audi’s goods and services and those of third party organizations selected by Audi.
6.4. By participating in the Contest, each Participant agrees to take part in any and all marketing, promotional, publicity exercise(s) as may be conducted by Audi arising from or with respect to the Contest and the Participant irrevocably and unconditionally grants to Audi and its Affiliates all consents and waivers necessary for Audi and its Affiliates to record and use the Participant(s)' Entry, performance, appearance, likeness and/or particulars, including personal data, as the case may be, in any manner whatsoever and in any part of the world as Audi and its Affiliates shall in their sole discretion deem fit. The Participant acknowledges that Audi and its Affiliates shall be at liberty to publish and otherwise use any recordings made by Audi, including without limitation the information on the Contest, telephone call, telephone recordings, audio recordings, visual recordings and photographs (if any), for the promotion and publicity of the Contest. The Participant hereby expressly waives any and all rights which the Participant may acquire or have under the provisions of the Copyright Act of the Republic of Singapore and including any subsidiary legislation (and any subsequent enactment or amendments thereto) and any other moral rights which the Participant(s) may have or be entitled under any such legislation now existing or in the future enacted in any part of the world.
6.5. Each Participant irrevocably releases Audi and its Affiliates from and against any and all claims, suits, liabilities, or damages which such person may have in connection with his or her particulars or personal data/information, being (i) used by Audi and its Affiliates (or any third party which Audi has released the particulars/personal data/information to) in any manner or format; or (ii) disclosed or otherwise provided by Audi to any third party as provided herein. Nothing herein will operate to exclude or limit Audi’s liability in respect of death or personal injury resulting from Audi’s negligence.
6.6. Notwithstanding anything contained herein, Audi reserves the right at any time, in its absolute discretion to terminate the Contest or to amend, add and/or delete any of these terms and conditions without prior notification and all Participants shall be bound to such amendments, additions or deletions when effected.
6.7. Audi shall not be liable in any way to any Participant or any person for:
6.7.1 Any loss, damage or expenses arising in connection with the Contest,
6.7.2 Any act or omission relating to any person’s participation in the Contest however caused,
6.7.3 Late or non-notification of any information in relation to the Contest,
6.7.4 Incomplete, lost, late, damaged, illegible or misdirected notices,
6.7.5 Mail, e-mail, technical, hardware or software breakdown of any kind, and
6.7.6 Lost or unavailable network connections or failed, incomplete, garbled or delayed electronic transmission or transactions, which may limit a Participant’s ability to participate in the Contest.
6.8. The Participant shall indemnify and keep Audi and its officers, agents and employees ("the Indemnified Parties") fully indemnified against any and all loss, damage, claims and costs (including legal costs on a full indemnity basis) suffered and/or incurred by any of the Indemnified Parties as a result of the Participant's breach of any of these terms and conditions.
6.9. The Participant agrees and acknowledges that the Prize is merely paid for by Audi and it may be offered or made available by third parties which are not Audi. Audi assumes no responsibility or liability for the acts or defaults of merchants or third parties, any non-delivery, non-performance or defects in the Prize. Audi makes no representation or warranty whatsoever in respect of the Prize, whether as to the satisfactory quality or performance or otherwise whatsoever. For the avoidance of doubt, Audi is not an agent of any merchant or vice versa. Any dispute should be resolved directly with the relevant merchant.
6.10. In the event of any inconsistency between these terms and conditions and any brochure, marketing or promotional material relating to the Contest, the terms and conditions contained herein shall prevail.
6.11. Any person who is not a Participant may not enforce any of these terms and conditions under the Contracts (Right of Third Parties) Act (Chapter 35B).
6.12. For the purposes of these terms and conditions, “Affiliate” shall mean Premium Automobiles Pte Ltd as well as any corporation, company, partnership or other entity (whether in Singapore or elsewhere) which is controlled by Audi; controls Audi; or is under common control with Audi. For this purpose, ‘control’ means the authority or ability, whether exercised or not, to control an entity’s business and affairs, which authority shall conclusively be presumed to exist when more than fifty per cent (50 %) of the controlled entity's outstanding shares or ownership interest representing the right to make decisions for such entity are owned or controlled, directly or indirectly, by the controlling entity, and/or the controlling entity possesses, directly or indirectly, the power to influence the decision-making process, the direction of management, and the policies of the controlled entity.
6.13. The terms and conditions of this Contest shall be governed by and construed in accordance with the laws of the Republic of Singapore and the Participants shall submit to the non-exclusive jurisdiction of the Courts of the Republic of Singapore.
6.14. This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram.