1. INTELLECTUAL PROPERTY AND IMAGE RIGHTS

By participating in the Challenge, Participant authorizes the Organiser to reproduce and make available to the public directly or through its web and/or its social networks, the nickname and image of the Winner, always in connection with the Challenge and/or for promotional or advertising purposes related to the Challenge. Such authorization must comprehend the use and exploitation of such Photos and images according to the present Terms.

The afore-mentioned authorization is granted for free and shall not entitle the Participant to any consideration whatsoever.

2. PERSONAL DATA

The information you provide to us will only be used for Xiaomi #ShowLoveChallenge. We may display your nickname, photo and photo description on relevant website for receiving likes from other participants. We will strictly comply with applicable laws and Xiaomi Privacy Policy to keep your information secure, and delete your information in time after the Event.

Participant in the Challenge agree to provide the Organiser with the collection of the following personal data: name and surname, postal address for the sole purpose of organizing the Challenge and distributing the prize.

Personal data will be kept for the time necessary to guarantee the Participant the exercise of their rights and actions in relation to the Challenge. Ultimately, we want the best for all our users.

If you have any concerns about our data management practice outlined in our privacy policy please contact privacy@xiaomi.com to submit your concerns. We will be happy to resolve your concerns directly.

3. ACCEPTANCE OF THE RULES OF THE CHALLENGE

By participating in the Challenge, you are expressly accepting:

(i) the Terms Challenge:

- for the United Kingdom: (https://www.mi.com/uk/service/support/valentine2020.html)

- For Spain (https://www.mi.com/es/service/support/valentine2020.html);

- For France (https://www.mi.com/fr/service/support/valentine2020.html)

(ii) the terms and conditions of use of the website of the Organiser:

- For the United Kingdom (https://www.mi.com/uk/about/terms/);

- For Spain (https://www.mi.com/es/about/terms/);

- For France (https://www.mi.com/fr/about/terms/)

(iii) the privacy policy of the website of the Organiser:

- For the United Kingdom (https://privacy.mi.com/all/es_UK/) ;

- For Spain (https://privacy.mi.com/all/es_ES/);

- For France (https://privacy.mi.com/all/es_FR/)

The Organiser shall not be liable for the Participant's infringements and/or infringements relating to this Challenge and the Organiser disclaims any liability for any loss suffered by the Participant in connection with the Prize and other aspects of the Challenge.

The Organiser is not responsible for any technical problems that may occur in the subsequent operation of the Prize, nor for the costs that may arise therefrom.

The Participant shall be entirely and exclusively responsible for the contents, messages and/or comments that he incorporates or communicates through the Challenge pages. In this sense, each Participant will be responsible in any case for any claim related, directly or indirectly, to the violation of the rights of image, data protection, honor, privacy and any other right owned by a third party that may have been violated by reason of the comments submitted to the Challenge, keeping the Organiser harmless from any liability arising from such violation.

The Organiser reserves the right to exclude from the Challenge, and therefore from the award of the Prize, any Participant who, in its opinion, has participated incorrectly or any Participant who defrauds, alters or disables the proper functioning and the normal and regulatory course of this Challenge, including those who are evidenced or suspected to have acted irregularly in the sense described.

4. LIABILITY AND REPRESENTATION

4.1. Organiser’s representation

Unless otherwise expressly stated in this term, Organiser and its affiliated or third-party Organisers provide the Challenge on best effort basis only and exclude all warranties and conditions of any kind whether expressly or implied. In particular but without limitation, Organiser and its affiliated or third-party Organisers do not warrant or represent that:

(i) The Challenge is fit for any purpose or meet Participant requirements or is provided without any errors or deficiencies or that the Challenge in compliance with any quality levels, as the case may be;

(ii) The Challenge is available to participant at any time and provided to Participant without disruption, interruption or delay;

(iii) Any information (whether oral or written) obtained by Participant from Organiser or as a result of Participant taking part in the Challenge (including any materials or products) will be suitable, accurate, complete, or reliable; and

(iv) That any deficiencies in the Challenge, including any defects in performance, operation or functionality of the Challenge will be fixed, corrected or otherwise remedied.

4.2 Organiser’s liability

Organiser is not liable to Participant, regardless of the legal grounds, in particular whether in contract, tort (including negligence) or any theory of liability, in or out of the connection with the participation in the Challenge for:

(i) Any indirect, incidental, special or consequential damages;

(ii) Any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect);

(iii) Any damage to and/or corruption or loss of data (whether direct or indirect);

(iv) Any changes, modifications, extensions or limitations (including any suspension of Participant) in the Challenge.

(v) Access to Participant account and account data or Participant registration data) taking part of the Challenge, or any permanent or temporary cessation in the terms or conditions of the Challenge (or any part of them).

In the term that Organiser is liable for a breach of these terms, Organiser liability shall be limited to damages which Organiser must typically expect at the time of the conclusion of this terms due to the circumstances known at the time. Notwithstanding the above, such damages shall not be higher than 100 euros (or equivalent local currency).

Nothing in these terms shall exclude or limit Organiser:

a) Liability for death, personal injury or fraud or in accordance with any product liability act; and

b) Warranty or liability for damages or losses which may not be lawfully excluded or limited by applicable law. If the laws in the Participant jurisdiction do not allow the exclusion of certain warranties, terms or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages, only the limitations which are lawful in that jurisdiction will apply to the Participant and Organiser’s liability and warranty will be limited to the maximum extent permitted by applicable law.

4.3. Participant liability

Participant is entirely responsible for any breach of the obligations under

(i) These Terms; and

(ii) Any applicable law or regulation in the relevant jurisdictions, including the jurisdiction where you are a resident or from where you are participating in the Challenge.

(iii) And for the consequences of any such breach, including any loss or damage which Organiser or any third-party may incur or suffer. Organiser will have no responsibility to Participant or to any third party in respect of such breach.

5. LEGISLATION AND APPLICABLE JURISDICTION

Participation in the Challenge will be governed by the Terms, which will be interpreted and applied in accordance with:

- For the United Kingdom: UK Laws.

- For Spain and France: the law of the Netherlands.

The Participant have the option of filing claims at a competent court in the country in which they are resident.