Contest Terms and Conditions
PROMOTIONAL PERIOD: The promotion runs from October 19, 2018th, through November 16th, 2018 (the “Promo Period”). All submissions must be received before 11:59pm on November 16th, 2018.
THE OFFER: Submit a photo taken from your Autel Robotics EVO drone during the Promotional Period for a chance to win prizes. Prizes will be awarded by the Autel Robotics content team who will review submissions and determine winners based on the subjective merit of the photos submitted.
PRIZES: The Photo Contest prizes will consist of one first place prize of $1,000 cash, two second place prizes of $500 cash, and ten third place prizes of $100 Autel Robotics store credit. Prize can only be shipped within the United States or Puerto Rico.
USER GENERATED CONTENT: Share Your Vision Contest participants must agree to the full terms and conditions for this contest as well as, the User Generated Content Terms and Conditions below.
QUALIFIED INDIVIDUALS: Participants must be 18 years of age or older.
SUBMISSION PROCESS: Qualified Individuals must complete the online submission form and upload their content at www.autelrobotics.com/share-your-vision. Winners will be notified via the provided email by November 30th, 2018.
FULFILLMENT: Prizes will be mailed to Qualified Individuals after November 30th, 2018. Prizes can only be mailed within the United States and Puerto Rico and may require applicable tax forms.
GENERAL TERMS: This offer is void where prohibited or restricted by law. This offer may be combined with other Autel Robotics promotions that are directed to individual end-user customers and offered during the same promotional period in the Qualifying Locations, subject to the terms, conditions, and limitations applicable to this promotion and such other Autel Robotics promotion(s). Autel Robotics is not responsible for an inability to read the terms of this promotion due to the fact that these terms are displayed in the English language. Autel Robotics is also not responsible for any loss, destruction, or theft of any prizes. Autel Robotics may use any information provided in accordance with its privacy policies posted online at www.autelrobotics.com/privacy-policy. Autel Robotics reserves the right to change without notice the Terms and Conditions of this promotion or modify or end this promotion at any time.
Copyright ©2018 Autel Robotics USA. All rights reserved.
Autel Robotics USA LLC USER GENERATED CONTENT LICENSE AGREEMENT
By UPLOADING or otherwise transmitting or SUBMITTING UGC (as defined below) to autel robotics (as defined below), or by clicking to accept THIS AUTEL ROBOTICS USA LLC USER GENERATED CONTENT LICENSE AGREEMENT (THIS “AGREEMENT”), you hereby (a) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT, and (C) agree to the terms and conditions of this Agreement. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT UPLOAD THE UGC TO THE AUTEL ROBOTICS SITES (AS DEFINED BELOW) OR OTHERWISE TRANSMIT OR SUBMIT THE UGC TO AUTEL ROBOTICS.
1. “Appearances” means the name, nickname, likeness, rights of publicity, voice, live or recorded performance, autograph, photographs, biographical information and any other identifying information of you or any third parties.
2. “Autel Robotics” means Autel Robotics USA LLC, a Delaware limited liability company having its principal place of business at 22522 29th Drive SE 101, Bothell, WA 98021. 3. “Autel Robotics Sites” means “www.autelrobotics.com” and any other website, microsite, or any other internet property owned, operated or sponsored by Autel Robotics.
4. “Licensed Uses” means the following types of uses of UGC:
§ Online / Mobile: All forms of transmission over the Internet, mobile carrier networks, satellite networks or other method of connectivity, including, but not limited to, all forms of streaming technologies and downloads accessible on or through any and all websites, applications, gaming and/or media platforms, social media services and/or other offerings made available by the Autel Robotics Network (as defined below) (collectively, “Online Media”);
§ PR / Industrial / Retail: All public relations, media outreach and/or industrial uses, including, but not limited to, the exhibition, performance and other use of the UGC at retail establishments (e.g., “point-of-sale” and “point-of-purchase” displays), kiosks, trade shows, conventions, sales and/or marketing meetings and other industrial and/or promotional events;
§ Print Media: The display and other use of Autel Robotics Network Materials in and in connection with all forms of print media, including, but not limited to, catalogues, newspaper and magazine articles, editorials, advertising and circulars, merchandise packaging and product manuals;
§ Out-Of-Home / Transit / Events: The exhibition, display, performance and other use of the UGC via all forms of out-of-home advertising (including, but not limited to, billboards, “bus wrappers” and in other public places), in public or private transportation (including, but not limited to, airline flights, trains, subway cars, buses, taxis, limousines and “ride-sharing” services) and at public events (including, but not limited to, on electronic billboards and video displays at those public events);
§ Television: All forms of television media, whether linear or on-demand (including, but not limited to, all forms of local, regional and network broadcast, pay, cable, satellite and internet protocol television);
§ Theatrical: Theatrical exhibition (including, but not limited to, as embodied in motion pictures);
§ Home Video / EST: All home video formats (e.g., DVD, Blu-Ray, VHS, other fixed, transportable audiovisual media) and the “electronic sell-through” of motion pictures and television programs embodying the UGC in digital download formats;
§ Commercials: All forms of commercials, including, but not limited to, by means of Online Media, radio and television in audiovisual works as commercial(s), produced by the Autel Robotics;
§ Internal Usage: All forms of internal usage for testing and system improvements by Autel Robotics and companies in the Autel Robotics Network; and
§ Other Uses: Any other exhibition, display, performance, communication to the public, distribution, exploitation or other use of the UGC not set forth above.
5. “UGC” means any and all Appearances, data, text, music, sound, photographs, graphics, images, videos, messages, written concepts or ideas, or other materials, including, but not limited to, video or audio visual content, footage and photographs filmed, captured and/or recorded with Autel Robotics’ digital audio visual camera, products, accessories, or otherwise filmed, captured and/or recorded, whether owned by you or a third party, that is submitted to Autel Robotics through any delivery means prescribed by Autel Robotics at any time and from time to time during this Agreement.
2. License Grant.
1. By uploading or otherwise transferring or submitting the UGC, you hereby grant to Autel Robotics a perpetual, non-exclusive, worldwide, unlimited, irrevocable, fully sublicensable, transferable, assignable, royalty-free, fully-paid right and license to use the UGC, including to record, reproduce, copy, modify, adapt, publish, display and prepare derivative works, incorporate other works into, publicly perform, publicly display, distribute, broadcast, telecast and otherwise exhibit, transmit, edit, and otherwise exploit the UGC, in whole or in part, whether or not within or in connection with the Autel Robotics Network Materials, for any purpose in any form, media, or technology now known or hereafter developed or created, including, but not limited to, the Licensed Uses.
2. For the avoidance of doubt, the license rights granted in Section 2.1 include (a) any master recordings or underlying musical compositions owned by you or a third party as synchronized within the UGC, and (b) the right for Autel Robotics and/or its sublicensees to incorporate the UGC in video or audio visual content, text, graphics, artwork, photographs, templates, and other content or materials created by or on behalf of Autel Robotics and/or its sublicensees (the “Autel Robotics Network”) to create what is referred to herein as the “Autel Robotics Network Materials.”
3. Release. You hereby release and discharge Autel Robotics, its affiliates and its and their respective directors, officers, employees, agents and representatives from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses arising from or related to Autel Robotics’ and/or its sublicensees’ use of the UGC, including, but not limited to, any claims for defamation, violation of moral rights, and/or any right of privacy or publicity. Subject to applicable laws, you hereby waive (a) any moral and privacy rights that you or your licensors may have in any UGC, and (b) any and all rights you have in the event that the UGC is used, altered or changed in a manner not agreeable to you.
4. Use of the UGC. Submission of the UGC to Autel Robotics is not a guarantee that Autel Robotics will publish or otherwise use the UGC. You acknowledge and agree that (a) the UGC will not be returned, (b) Autel Robotics may use the UGC, in whole or in part or as part of the Autel Robotics Materials, for any purpose with or without attribution, and without the requirement of (i) consultation with you or any other person or entity, (ii) any permission or approval from you or any other person or entity, (iii) providing notice to you or any other person or entity, or (iv) payment of money or any other form of
consideration to you or any other person or entity, and (c) Autel Robotics has no control over the UGC once it leaves the Autel Robotics Sites, and it is possible that others may duplicate material found on the Autel Robotics Sites, including, but not limited to, on other sites on the Internet.
5. Ownership. Autel Robotics acknowledges and agrees that you retain all right, title and interest in and to the UGC, including all intellectual property rights, rights of publicity or privacy and moral rights therein, other than those rights granted herein. You acknowledge and agree that Autel Robotics hereby acquires all right, title and interest in and to the derivative works of the UGC that are incorporated into and contained as part of the Autel Robotics Network Materials. You hereby irrevocably assign to Autel Robotics any and all right, title and interest in and to such derivative works; and you shall cooperate and assist Autel Robotics, and execute all necessary documents, to secure, perfect, effectuate, and preserve Autel Robotics’ rights in such derivative works.
6. Your Obligations. You agree not to engage in, or assist or encourage others to engage in, transmitting, uploading, posting, e-mailing or otherwise making available on the Autel Robotics Sites, any UGC, or any UGC that encourages activity or conduct, that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, (b) you do not have a right to make available under any law or under contractual or fiduciary relationships, (c) is known by you to be false, inaccurate or misleading, (d) you were compensated for or granted any consideration by any third party, (e) contains restricted or hidden content, or (f) infringes any patent, trademark, trade secret, copyright, right of publicity or other proprietary rights of any party. [In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.”You further agree (i) not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or (ii) intentionally or unintentionally violate any applicable local, state, national or international law.
7. Your Warranties. You represent and warrant that: (a) you have all necessary rights and authority to enter into this Agreement, (b) you own or have the rights and licenses, and will own or will have the rights and licenses, necessary to grant to Autel Robotics in perpetuity the rights granted under this Agreement, and you have paid, and will pay, any and all third parties who may be entitled to a royalty or fee (including public performance organizations) arising from the use of any composition or master recording embedded within the UGC, (c) you obtained, and will maintain in perpetuity, the appropriate licenses, permissions, and/or releases from any and all third-party Appearances included in the UGC, (d) in the event that the UGC includes Appearances of a child that is under the age of majority in their state and country of residence, you have written permission from the minor’s parent or guardian to provide the photo, digital, or video image for commercial use, (e) you are of the legal age of majority in the state and country in which you reside (typically eighteen (18) years old), (f) the UGC and Autel Robotics’ use or sublicense of the UGC as contemplated by this Agreement do not and will not infringe, misappropriate or violate a third party’s intellectual property rights, rights of publicity or privacy, moral rights, or any applicable law or regulation, (g) your agreement to the terms and conditions of this Agreement does not and will not violate or conflict with any
obligations owed by you to a third party, and (h) you will comply with all laws, rules and regulations applicable to this Agreement.
8. Disclaimers. Under no circumstances will Autel Robotics be liable in any way for any UGC, including, but not limited to, any errors or omissions in any UGC, or any loss or damage of any kind incurred by you as a result of the use of any UGC.
9. Indemnity. To the maximum extent permitted by law, you hereby agree to defend, indemnify and hold harmless Autel Robotics, its affiliates and its and their respective directors, officers, employees, agents and representatives from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising from or related to: (a) any breach or non-compliance with the terms of this Agreement by you, (b) any third party claim that the UGC, or Autel Robotics’ and/or its sublicensees’ use thereof, infringe, misappropriate or violate such third party’s intellectual property or other third party rights, including, but not limited to, any claims for defamation, violation of moral rights, and/or any right of privacy or publicity, and (c) any third party claim that is based on any act or omission of you that results in personal injury, death, property damage or the violation of any law, ordinance or regulation.
12. General. This Agreement shall be governed by the law of the State of Washington (without regard to its conflicts of law provisions). Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in Washington and the parties irrevocably consent to the personal jurisdiction and venue therein. You may not assign or otherwise transfer this Agreement or any rights or obligations herein. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. Any attempted transfer in violation of this Section 12 is void. Autel Robotics may freely assign this Agreement. The parties to this Agreement are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, or agency between the parties. A waiver of any default hereunder or of any of the terms and conditions of this Agreement will not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition, but will apply solely to the instance to which such waiver is directed. The exercise of any right or remedy provided in this Agreement will be without
prejudice to the right to exercise any other right or remedy provided by law or equity, except as expressly limited by this Agreement. Headings in this Agreement are for the convenience of the parties only and will not affect the interpretation or construction of this Agreement. In the event any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed from the remainder of this Agreement, and such remainder will remain in force and effect. The parties agree to replace any such invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. Except as set forth in Section 11, this Agreement constitutes the entire agreement between the parties relating to the subject matter hereof and supersedes all prior and/or simultaneous representations, discussions, negotiations and agreements relating to the subject matter hereof, whether written or oral. This Agreement may only be modified by a written amendment signed by an authorized representative of Autel Robotics.