Official Rules – UBS WOMEN: Heroes campaign

NO PURCHASE OR PAYMENT NECESSARY; A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.

The UBS WOMEN: Heroes campaign celebrates women making an impact in their communities. The campaign complements the 10-city international tour of 'WOMEN: New Portraits', an exhibition of newly commissioned photographs by renowned photographer Annie Leibovitz, featuring women of outstanding achievement. In the WOMEN: Heroes campaign, you can share a photograph of your hero between April 5 and August 31, 2016 for inclusion in the UBS microsite www.ubs.com/ShareYourHero and to be entered in a drawing for a chance to win a trip for you and your hero to New York City (November 14 – 17, 2016, dates may change), subject to these Official Rules:
 

1. ELIGIBILITY

1.1 The UBS WOMEN: Heroes campaign draw (the "Draw") is conducted by UBS AG, P.O. Box, 8098 Zurich, Switzerland ("UBS") and is open to all persons who share a photograph of their female hero (Mother, sister, friend, teacher, mentor, etc.) via either Instagram or the UBS WOMEN: Heroes microsite (www.ubs.com/ShareYourHero) in accordance with these Official Rules.

1.2  Employees of UBS, their affiliated and subsidiary companies, and the officers, directors, partners, managers, members, trustees, employees, contractors, agents and suppliers of each (the “Associated Parties”) are not eligible to enter or win.

1.3  Entries received from the following persons will be voided: 

  • residents of New South Wales (Australia), South Australia (Australia), Victoria (Australia), Quebec (Canada), Italian Republic, Turkey;
  • residents of countries that prohibit, regulate or interfere with a person's access to Instagram;
  • residents of countries where participation in the Draw is illegal or otherwise prohibited or restricted under applicable local laws; and
  • persons or residents who are subject to economic sanctions measures imposed by the United Nations, European Union, Switzerland, the United States or any relevant and applicable jurisdiction and/or involving the Crimea Region, Cuba, Iran, North Korea, Syria or Sudan. 

1.4  You must be of 21 years of age or older to participate.

1.5  You and your hero must be available to travel to and from New York from your home location between November 14 – 17, 2016 (dates may change).

1.6  Only one (1) entry per person. If a person is found to have set up different or multiple social media accounts to enter into the Draw multiple times, such person and all entries submitted by such person will be disqualified from the Draw.

1.7  By participating, all entrants (“Entrants”, and each an “Entrant”) accept and agree to abide by these Official Rules and all decisions of UBS, which are final and legally binding in all respects, and release the Associated Parties from any and all claims, actions, damages, losses, costs or expense or liability of any kind arising or resulting from anything relating to the Draw.

2.  TO ENTER

2.1  To enter the Draw, an Entrant has the following options:

  • Uploading the photograph of their female hero via the UBS WOMEN: Heroes microsite (www.ubs.com/ShareYourHero); or
  • Posting the photograph of their female hero on Instagram adding the competition hashtag #ShareYourHero
    Under this option (b), in case your photograph is eligible for the Draw, you will receive a message from UBS including a request to accept these Official Rules to finally enter the Draw.

UBS will evaluate which photographs are eligible for the Draw in its own discretion. Photographs must comply with these Official Rules, in particular with sections 2.3 and 2.4.

2.2  The WOMEN: Heroes Draw opens on 0:00:01 on 05.04.2016 and closes on 23:59:59 on 31.08.2016 GMT (the "Entry Period"). Any entries submitted outside of the Entry Period will not be considered. 

2.3  Specifications for Photographs: The photograph must be of one or several persons who (a) is/are personally known to the Entrant, (b) has/have granted the Entrant permission to submit the photograph in the Draw, and (c) is/are alive at the time the photograph is submitted. The photograph must be an original photograph taken by the Entrant or for which the Entrant otherwise has all rights necessary to grant the License below, including the express permission of the person who took the photo, if other than the Entrant, to submit the photo in the Draw. Photos may not contain nudity, third party logos or trademarks, content that is obscene, indecent, racist, inflammatory, violative of the intellectual property rights of any other party, or any other content which UBS, in its sole discretion, finds to be inappropriate for inclusion in the mosaic. Photos cannot have been made available to the public previously in any third party publication of any type and cannot have been submitted previously in connection with any other contest, sweepstakes, competition or promotion of any type.

2.4  Entrant’s Representations and Grant of License to UBS: By submitting a photograph, Entrant (a) represents to UBS that the photograph meets all of the Specifications for Photographs listed in 2.3 above, (b) grants to UBS to the fullest extent permitted by applicable law a non-exclusive, worldwide right, in perpetuity and without any additional notice, compensation or permission whatsoever, to display the photograph in connection with the UBS WOMEN: Heroes campaign, including its promotion or any other public relation activities of UBS, and to make any other lawful use of the photograph in connection with UBS’ business activities. Such right extends to all media now known or hereafter developed, including all forms of social media and UBS websites. Without limiting the foregoing, Entrant specifically grants UBS the right to include the photograph in the digital mosaic, to crop, enlarge, digitally enhance, blur the appearance of any trademark, logo, image or saying the rights to which UBS believes may be held by a third party, or to otherwise manipulate the photograph as UBS sees fit for purposes of including the photograph in the mosaic or otherwise using the photograph in connection with the UBS' business activities. Entrant’s grant herein is in the nature of a license. Entrant retains all ownership rights to the photograph.

3.  PRIZE

3.1  There will only be one (1) prize for the Draw (the "Prize") awarded to the winner as selected in accordance with section 4 below (the "Winner").

3.2  The Prize is a 3 night trip for 2 persons to New York (USA) from November 14 – 17, 2016 (the "Event") (dates may change), comprising: 

  • Two (2) Economy Class air tickets* for Winner and Winner’s hero ** to New York (USA), from an international airport serviced by UBS's choice of airline that is closest to the Winner's place of residence (Flights may be indirect***)
  • Hotel transfers from and to New York Airport
  • Three (3) nights' accommodation at 1 Hotel Central Park or an equivalent hotel of UBS's choosing
  • Meet and greet with Annie Leibovitz during exhibition preview
  • Access to an exclusive event determined by UBS (event subject to confirmation closer to the date and on a "when available" basis)].
  • Per diem CHF75 / day per person

*      Prize will not include airfare if the Winner resides 100 miles or less from New York (USA).
**    In the event that hero is unable to travel to New York due to illness, injury or death, Winner may select an alternate travel                   companion.
***  UBS is not obliged to arrange for any private charters for any Winner located in remote locations to reach the nearest international airport that is closest to the Winner's place of residence. Winner and travel companion must travel on same itinerary.

3.3  The value of the Price is estimated not to exceed CHF 10'000.

3.4  Bookings for flights and hotels will be handled by UBS. Once flight and hotels bookings are confirmed and/or paid for, no changes will be accommodated by UBS. If Winner and/or his/her companion makes changes to his/her/their itinerary, Winner is solely responsible to pay for any additional charges, change fees, cancellation fees & penalties that may be incurred.

3.5  The Prize does not include any kind of insurance. The Winner is solely responsible for arranging for any insurance coverage as Winner decides is necessary for Winner and his/her companion.

3.6   Any taxes, duties or other charges that are due from the Winner as a result of winning the Draw or redeeming the Prize is the sole responsibility of the Winner and must be arranged and paid by the Winner.

3.7  The Winner and his/her companion must hold a current and valid passport and any other relevant travel documentation required for travel to and entry to the USA. It is the responsibility of the Winner to organize and pay costs associated with obtaining visas for himself/herself and his/her travelling companion. UBS will not be responsible if the Winner and/or companion are not permitted entry into the United States by the relevant authorities for any reason whatsoever.

3.8   It is the responsibility of the Winner to ensure that he/she and/or his/her companion adhere to the local laws in the USA when participating in the Event and whilst they are in the USA. It is highly recommended that the Winner and his/her companion obtain advice from a medical professional in advance of travelling and ensure that vaccinations are up to date.

3.9  The Prize is not transferable and must not be used for any commercial purposes or sold, advertised for sale, or traded with third parties, whether on the Internet, on social media, in newspapers, or elsewhere. No substitutions or cash alternative will be made or given. Winner is not entitled to seek a replacement prize or cash equivalent or request for substitutions if Winner is unable to or do not wish to accept or receive the Prize.

3.10  If a Prize becomes unavailable for any reason, e.g. cancellation of the Event, UBS shall not be obliged to provide a substitute of equal or higher value, or any substitute prize at all.

3.11  Prize will be deemed forfeited for "no-shows".

3.12  UBS reserves the right to change the composition of the Prize at any time and shall notify the Winner of such change e.g. change in program, hotels, flights etc.

4.   WINNER SELECTION AND NOTIFICATION

4.1   Only one (1) winner will be chosen at random. Residents of certain jurisdictions may be required to successfully complete a skill testing question before being declared a winner, in accordance with applicable laws.

4.2  Upon notification, the Winner must confirm his/her ability to redeem the Prize. If a person is unable to claim the Prize for any reason upon notification, UBS will repeat the random Draw to find another winner. UBS is not obliged nor required to find another winner if the original winner is unable to or declines the Prize.

4.3  The Winner must complete and return to UBS an Affidavit of Eligibility, Release of Liability and Publicity Release, if required, and any other legal or administrative documentation as is required to be completed, within ten (10) days of being notified. Upon fulfillment of these requirements, the Winner will be confirmed the Winner of the Prize.

4.4   In the event that a Prize notification message is undeliverable or if no response is received from the potential Winner, or UBS is unable to contact the potential Winner, or the potential Winner does not comply with the requirements set out in these Official Rules during the timeframes provided or is otherwise disqualified under these Official Rules, UBS has the sole discretion to forfeit the Prize or to select a replacement Winner from the remaining Entries.

4.5  The Winner will be contacted via the contact details provided (email address or private message on Instagram) by September 9, 2016.

4.6   The Winner will be announced by September 23, 2016 via a post on the UBS global art instagram profile, and the UBS WOMEN: Heroes microsite (www.ubs.com/ShareYourHero).

4.7  By accepting a Prize, the Winner and the Winner's hero/travel companion

  • grant their permission (except where prohibited by law) to the use of their name, likeness, biographical information, country of residence and Prize won for any lawful purpose in connection with UBS' business, including future advertising and publicity, in any and all media now known or hereafter developed, throughout the world in perpetuity, without additional compensation, notification or permission; 
  • agree to release, discharge and hold harmless the Associated Parties from any and all claims, losses, liabilities, damages, demands or causes of action arising out of such use of the Winner's information and information of the Winner's hero/travel companion, and/or for the acceptance or use, misuse or acceptance of a Prize.

5.  ODDS OF WINNING
     
The odds of winning depend upon the number of valid entries received        during the Entry Period.

6.  PRIVACY

6.1  In order to administer the Draw, Entrants will be re required to provide their personal data (including e.g. name, address, nationality, date of birth). This personal data will be hosted outside of Instagram and the respective data collection/privacy policy will not apply. Unless otherwise set out in these Official Rules, the UBS Privacy Statement published on https://www.ubs.com/global/en/legalinfo2/privacy.html will apply. All personal data will be used to contact the Winner and not for any other purposes - UBS will not sell or data mine any personal data collected or received in the course of the Draw.

6.2  In order to administer the Prize, Winner and his/her companion are required to provide personal data for security clearance, or other administrative or logistical purposes. The Winner agrees that any personal data (including the photograph) submitted as part of the Draw and administration of Prizes may be disclosed to, shared with and processed by UBS's affiliate companies or our third party agents, contractors, business partners, service providers (who may be located inside or outside of your country of residence) and hosting providers (such as e.g. amazon simple storage service (S3) for the storage of the photograph and the personal data) in accordance with applicable data protection laws. UBS will not otherwise disclose such personal data to third parties without the Winner's consent unless UBS is required or requested to do so pursuant to any law, regulation or regulatory order. 

7.  DISQUALIFICATION; UBS’ DECISION FINAL

UBS reserves the right to disqualify any Entrant that it believes does not, or is unable to comply with and meet these Official Rules, has violated these Official Rules, is not eligible to participate, who has provided false information, acted in a harassing or unsportsmanlike manner with respect to UBS or any other Entrant, or tampered with the operation of the Draw. UBS’s decisions as to all issues relating to the Draw, including eligibility, shall be final.

8.  GENERAL CONDITIONS:

8.1  UBS is not responsible for problems related to technical malfunctions of electronic equipment, computer online systems, servers, or providers, computer hardware or software failures, phone lines, traffic, congestion on the Internet or any website, or for any other technical problems including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled, or misdirected Entries or communications which may limit an Entrant’s ability to participate in the Draw. UBS is not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Draw, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Draw, the announcement of any Prize, in any Draw-related materials, or arising from natural disasters, war, fire, flood, earthquake, explosion, acts of terrorism, epidemic or pan-epidemic or civil commotion, strikes or lockouts or labor disputes or other events that prevent the Draw from functioning as intended. 

8.2  UBS reserves the right to modify, suspend or terminate the Draw in the event it becomes infected by a computer virus or is otherwise technically impaired, and to cancel or suspend the Draw in its entirety should tampering, unauthorized intervention, fraud, technical failures or other causes corrupt the administration, security, fairness, integrity or proper play of the Draw and, if terminated, at UBS’s discretion, select Winners from among all non-suspect Entries received up to time of cancellation using the procedure outlined above.

8.3  UBS reserves the right at its sole discretion to disqualify any individual found to be tampering with the Entry process or the operation of the Draw, intending to annoy, abuse, threaten or harass any other Entrant, UBS or any of its representatives or to otherwise be acting in violation of these Official Rules. CAUTION: Any attempt to deliberately damage any website or undermine the legitimate operations of the Draw may be a violation of criminal and civil laws.  Should such an attempt be made, UBS reserves the right to seek damages from any such person to the fullest extent permitted by the law and to disqualify such person from the Draw.

8.4  If any provision of these Official Rules is held to be invalid by a court of law or similar, such provision shall be deemed to be severed from these Official Rules and invalidity shall not affect the enforceability of any other provisions not held to be invalid.

9.  DISPUTE RESOLUTION

9.1  Entrant agrees that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of an Entrant(s) and the Draw Parties, shall be governed by and construed exclusively in accordance with the substantive laws of Switzerland. 

9.2  Entrant agrees that any action at law or in equity arising out of or relating to the Draw, or awarding of a Prize, shall be filed exclusively in the Commercial Court of the Canton of Zurich.

9.3  By participating in the Draw, all Entrants waive any claims that may arise under the laws of countries, territories or jurisdictions other than Switzerland. Those who choose to participate in the Draw from locations outside of Switzerland do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.  

9.4  Entrant hereby consents and submits to the personal application of Swiss Law and jurisdiction of Swiss Courts for the purposes of litigating any such action. 

9.5  Except where prohibited to submit to Swiss law or Swiss Courts, Entrant agrees by participating in the Draw that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Draw, or awarding of the prize, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Draw but in no event attorneys’ fees or court costs; and (c) under no circumstances will any Entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.  Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to such Entrant.

10.  NO ENDORSEMENT OR ASSOCIATION WITH INSTAGRAM

10.1  The Draw is in no way sponsored, endorsed or administered by, or associated with Instagram, Inc.

10.2  Entries must comply with the terms of the condition of the respective platform, e.g. the Instagram Terms. Entries that do not comply with the terms and conditions of the respective platform will be disqualified.

10.3  All Entrants fully release Instagram Inc., their subsidiaries and affiliate companies, and their respective officers, directors, partners, managers, members, trustees, employees, contractors, agents and suppliers from any and all liability, claims, demands, damages, losses, expenses and causes of action suffered or otherwise incurred in connection with the Draw, their participation in the Draw or the acceptance or use of a Prize or any portion thereof whatsoever.