These terms and conditions (“Terms and Conditions”) apply to the Shiseido Ultimune #StrongSouls Campaign Site Photo Activity (the “Activity”) developed by Shiseido Travel Retail Asia Pacific Pte. Ltd. (referred to herein as “Shiseido” or “we” or “us” or “our”). By using this web application (“Platform”), you acknowledge that you have read, understood, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
1.1 You may participate in the Activity by uploading a photo of yourself via the Platform which may be selected for publication on a digital gallery (“Gallery”) for use by Shiseido and/or its affiliates. Upon launching the Platform, you will be prompted to upload a photograph of yourself.
1.2 Please do not upload any image which falls within any of the following:
(a) any image which does not relate to the campaign theme;
(b) any image taken by someone other than you;
(c) any image which is already or is scheduled to be published in other media;
(d) any image which includes material to which another person has copyrights such as character, illustration, creative object, text, etc. that was created by someone besides you;
(e) any image which captures the trademark, service mark, logo, etc. of an entity besides Shiseido;
(f) any image which will serve as an advertisement of an entity besides Shiseido;
(g) any image which includes a political or religious message;
(h) any image which includes an obscene image or language;
(i) any image which violates another person’s privacy;
(j) any image which includes libellous, defamatory or discriminatory language, etc.;
(k) any image which violates or has a risk of violating applicable laws, regulations or public order and morals; and/or
1.3 Once your photograph has been uploaded, you will be able to use the online image generator tool to edit the photograph. The online image generator tool includes functions for cropping and resizing the image, adding filters to the image and adding photo frames and icons to the image. Once your photograph is completed, you will be able to download or share the completed photograph on your social media accounts.
1.4 All users of this Platform must be above the age of 18. We do not, and do not intend to, transact through this Platform directly with anyone whom we know to be under the age of 18. If you are under the age of 18, you should use this Platform only with the supervision of a parent or guardian and should not provide any of your personal information to us or upload any photographs via this Platform. By using this Platform and/or uploading any photographs via this Platform, you declare and confirm that you are over the age of 18.
1.5 We reserve the right, at our sole discretion, to refuse participation in the Activity by any person without obligation to disclose any reason(s) for doing so.
1.6 We reserve the right to withdraw, suspend or terminate this Activity at any stage and at any time, if deemed necessary in our sole and absolute discretion, without notice or liability on our part.
2. Consent to the use of photographs and personal data
2.1 Photographs uploaded via this Platform may be selected for publication on the Gallery which can be accessed on global campaign sites maintained by Shiseido and/or its affiliates, and used for or in connection with our and/or our affiliates’ publicity and/or marketing campaigns across all media and platforms, whether now known or in the future invented, including without limitation in our printed publications, presentations, promotional materials and on our websites and social media accounts, and whether in its original or edited format. By proceeding with the Activity, you are deemed to have agreed and consented to the publication of such photographs on the Gallery and use of the same for and in connection with our our and/or our affiliates’ publicity and/or marketing campaigns across all media and platforms in accordance with these Terms and Conditions. You will also be deemed to have agreed to assign to Shiseido (including its affiliates) all of your right, title, interest including all copyrights and all other intellectual property rights in and to the photographs throughout the world, for the full duration of such rights and without further compensation to you.
2.4 Where there are images or personal information of other individuals appearing in or associated with the photograph that you upload via this Platform, you confirm that these individuals have consented and agreed to you uploading their images and personal information, and that Shiseido may use such images and personal information for the purposes as set forth in these Terms and Conditions.
3. Restriction on the Use of Images
3.1 You may download, save, use and share your photographs uploaded via the Platform, including on your personal websites and social media accounts. However, the photographs of other individuals which are published on the Gallery are for your personal viewing only.
3.2 You agree that you shall not reproduce, distribute, adapt, modify, republish, display, broadcast, hyperlink, frame or transmit in any manner or by any means any photographs of other individuals which are featured on the Gallery, in any medium or format and for any purpose without our prior written consent.
4. Disclaimer and Indemnity
4.1 Shiseido assumes no responsibility or liability for the following:
(a) any error, omission, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft, destruction of or unauthorised access to or use of the photographs published on the Gallery or information transmitted by you via this Platform or any unauthorised alteration thereof; or
(b) any delay, injury or damage to the participant’s and/or any third party's property, computer, computer system, tablet, phone or apparatus relating to or resulting from access to this Platform, the Gallery and/or the participation in this Activity, including downloading or uploading of any material or information from or to the Platform or the Gallery, including without limitation to any server failure, lost, delayed or corrupted data or other malfunction.
4.2 You agree to indemnify and hold Shiseido and its subsidiaries, affiliates, officers, agents, partners and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties and costs (including, without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, arising out of or in connection with your breach of these Terms and Conditions, participation in the Activity and/or use of this Platform.
5. Intellectual Property
All content available on this Platform, including but not limited to texts, graphics, button icons, illustrations and software, and the compilation and arrangement thereof are the property of Shiseido and/or our affiliates, partners or licensors. Without limiting the generality of the foregoing, the trademarks, logos and service marks displayed on this Platform are the registered and unregistered marks of Shiseido and/or our affiliates, partners or licensors.
6. Changes in Terms and Conditions
We reserve the right to modify or amend these Terms and Conditions from time to time in our sole and absolute discretion.
7. Applicable Law and Jurisdiction
7.1 These Terms and Conditions, as well as all matters relating to the Terms and Conditions, shall be governed by the laws of Singapore.
7.2 In the event of any dispute regarding the Terms and Conditions, our decision will be final and you agree to be bound thereby.