1. When you enter Canon Fan Foto and participate in the Canon Fan Foto competition (the “Competition”), you are bound to play and accept that you must participate in the Competition in accordance with these terms and conditions (the “Terms and Conditions”) and the rules of the Competition (the “Rules”) and any other materials relating to the Competition published on UEFA’s official website (the “Website”) including without limitation the list of prizes.
2. Please read these Terms and Conditions carefully before using the Canon Fan Foto and entering into the Competition. By using the Canon Fan Foto and accessing the Competition, you signify your agreement with and understanding of the Terms and Conditions and the legal information relating to both this Competition and any material on it. If you do not agree to these Terms and Conditions, you should not enter the Canon Fan Foto and should not participate in this Competition.
3. Union des Associations Européennes de Football (“UEFA”) reserves the right to change these Terms and Conditions at any time without notice to you. You are therefore responsible for regularly reviewing these Terms and Conditions. Continued use of the Canon Fan Foto and continued access to the Competition following any such changes shall constitute your acceptance of such changes.
4. Please remember that when visiting the Canon Fan Foto and accessing the Competition you are also subject to the Terms and Conditions of use of the Website.
5. The Canon Fan Foto was created by UEFA and, with the exception of the Content (as defined below) all content included on the Canon Fan Foto (including without limitation any intellectual property rights therein) is and shall remain the sole property of UEFA or its third party suppliers. No content from the Canon Fan Foto may be copied, downloaded, distributed, publicly displayed or otherwise used.
6. The Canon Fan Foto invites you to supply images, videos, comments (blogs) and captions (the “Content”) together with information about yourself to UEFA. If you wish to submit Content, you can send an Image of you and your friends at a match, watching a game on television or playing the game.
7. If you upload content:
(a) you are applying to enter the Competition. Before uploading Content, you should read the Rules carefully. If you do not want or are not eligible to enter the Competition, do not supply an Image; and (b) you are agreeing that: (i) UEFA and Canon are automatically granted a five year, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable licence to copy, display, modify, publish, translate and otherwise use that Content, in whole or in part, on the Website in connection with the Competition and future versions of the Competition(which is held every four years); and (ii) UEFA and Canon have the right to use your name in connection with the use or publication of the Content on the Website.
If UEFA or Canon wish to use your Content for a purpose outside the scope of this Clause 7, UEFA or Canon will seek your consent.
8. You warrant and undertake that any Content which you supply is wholly owned by you and does not infringe the intellectual property rights or any other rights of any third party (including without limitation any third party’s copyright). UEFA shall bear no responsibility whatsoever for unauthorised copying and/or use of the material property of third parties on the Canon Fan Foto.
9. You must not supply Content which is: (i) offensive, obscene or unlawful under any applicable legal system; (ii) infringes the intellectual property or other rights of any third party; (iii) contains a virus or other harmful component; (iv) contains advertising, promotional or commercial material of any kind; (v) contains material irrelevant to the subject matter of the Image; or (vi) has not been approved by any identifiable third party who is the subject of that Image.
10. UEFA shall have the right in its sole discretion to review, edit or delete any Content which: (i) violates any term of these Terms and Conditions; or (ii) is otherwise illegal, offensive or inappropriate. UEFA may, in its sole discretion, terminate your access to the Canon Fan Foto. Regardless of its rights under this Paragraph 13, UEFA is under no obligation to exercise any such right and assumes no responsibility or liability arising from the content of any Content which is submitted by you.
11. You acknowledge that the inclusion of any part of Content which you supply on the Canon Fan Foto is solely at UEFA’s discretion. You further acknowledge that, if any part of that Content is included in the Canon Fan Foto, any such inclusion shall be: (i) in a manner determined by UEFA; and (ii) located in the Canon Fan Foto as determined by UEFA.
12. Every application to participate in the Competition must be made by a natural person on the official electronic application form. Applications must adhere to the required format. Entry and participation is free.
13. You automatically apply to enter the Competition by supplying UEFA with Content and certain information about yourself. If you do not wish to enter the Competition, do not supply UEFA with Content or the requested information. If UEFA at its discretion decides to include all or part of the Content on the Canon Fan Foto, you shall automatically be accepted for the Competition.
14. By applying to enter the Competition, you accept the Rules and warrant that all information submitted by you is true, complete and accurate.
15. Informative and explanatory material relating to the Competition (including instructions for this Competition and information relating to the prizes) and the Rules form part of these Terms and Conditions.
16. Acceptance of entry to the Competition is at the sole discretion of UEFA. UEFA reserves the right to refuse to accept application names that are considered by UEFA in its sole discretion to be inappropriate or offensive and the application will appear under a default name chosen by UEFA. Please bear this in mind when you choose the name for your application.
17. You must be at least 18 years old to enter the Competition. The Competition is not open to employees of UEFA (and/or any employee of associated companies of UEFA), their relatives, agents or agents’ relatives or any employees of companies involved in the development or support of the Competition.
18. Entry to the Competition is always subject to the laws and regulations of your country of residence. You shall be deemed to be resident in the country or state identified in your registration details.
19. In addition to Clauses 7, 8 and 9 of these Terms and Conditions, should you win any prize by submitting Content, you agree to grant or procure to grant to both UEFA and Canon a non-exclusive licence which is perpetual, irrevocable, worldwide and royalty-free to copy, display, modify and publish the Content for internal and external usein connection with the Competition and future versions of the Competition(which is held every four years); and . You acknowledge and accept that UEFA and Canon may ask you to execute a document setting out the foregoing in writing.
If UEFA or Canon wish to use your Content for a purpose outside the scope of this Clause 19, UEFA or Canon will seek your consent.
20. All winners will be notified by e-mail. A list of prizes is available on the Website. Prizes pictured on the Website and in Competition materials are for illustration purposes only. Actual prizes may vary from the pictured prizes. UEFA shall not be responsible for any costs or expenses not expressly mentioned in the prize section.
21. All details of the prizes and in particular the terms of their attribution and use will be provided by notification to the winners. No interest will be paid on any prize. Prizes may not be transferred without the prior written consent of UEFA. Participants cannot request a cash alternative or substitution of the prize. UEFA, at its sole discretion, reserves the right to substitute a prize of greater or equal value in particular if any prize cannot be awarded as described due to unavailability. Prize winners may be required, as a condition of winning and redeeming a prize, to sign a liability release and/or a publicity release and/or any applicable forms requested by any authority. Failure to do so may result in disqualification and forfeiture of the stated prize.
22. In case Prizes include UEFA EURO 2008TM tickets, the winner of the ticket (and, if any, travel companions) will have to respect the UEFA EURO 2008TM Ticketing Terms and Conditions. Prize winners (and, if any, travel companions) may be required, as a condition of winning and redeeming a prize, to sign a liability release and/or a publicity release and/or any applicable forms requested by any authority. Failure to do so may result in disqualification and forfeiture of the stated prize. It is a condition of the Game that the winner and, if necessary, his or her guest hold a valid passport. However, UEFA is not responsible for travel/accommodation or related expenses for any prizes offered in this promotion (unless expressly mentioned in the Prize section). In any case, it is the sole responsibility of the winner (and, if any, travel companions) to comply with all applicable laws and regulations, including but not limited to permission to enter the match(s) country(-ies) (visa).
23. Application constitutes permission for UEFA and any third party authorised by UEFA to use the names and photographs of participants at its sole discretion for publicity purposes. In particular, UEFA intends to publish the winners’ names and, if available a photo of the winners, on the Canon Fan Foto’s home page. By participating in the Competition, you explicitly agree to a publication of your name and, if available, a photo on winning the Competition, if this is required by UEFA.
24. You must supply your correct e-mail address when you submit Content. If you do not, UEFA shall not be responsible for the non-delivery of any prize which you win. You acknowledge and agree that, if you win a prize, you will be responsible for the payment of all applicable taxes incurred by you in relation to such prize.
25. The computer record of the application will be considered as being the formal application. Applications must adhere to the required format. Any application not adhering to this format, incorrect applications or incomplete applications will be deemed invalid and will not be accepted. UEFA is not responsible for application information or results lost or delayed in the course of transmission.
26. UEFA may, in its sole discretion and without notice, cancel, terminate, modify or suspend the Canon Fan Foto and/or the Competition at any time for any reason whatsoever. No liability shall attach to UEFA as a result thereof and the exercise of such discretion shall not result in any compensation being payable or paid to you or other person.
27. UEFA may, in its sole discretion, suspend a participant, disqualify any entry or vary, amend or waive the Rules and/or these Terms and Conditions at any time. You agree that no liability shall attach to UEFA as a result thereof and that the exercise of such discretion shall not result in any compensation being payable or paid to you or other person.
28. You consent to the use of your name and any Content supplied by you or on your behalf to UEFA, without compensation, for advertising, trade and publicity purposes linked strictly to the Website.
29. Any and all rights in relation to the UEFA EURO 2008TM are the sole and exclusive property of UEFA. No information or data may be reproduced in any format or used in any way without the prior written consent of UEFA. UEFA shall be entitled to withhold consent in its sole discretion.
30. UEFA reserves the right to take any decision in relation to any matter whatsoever in connection with the Competition. No correspondence shall be entered into with any participant.
31. These Terms and Conditions have been drafted in English and translated into other languages (including without limitation Portuguese, French, German, Spanish, Italian, Russian, Chinese, Japanese and Korean) and are available on the Website. In the event of any conflict between the English and translated texts, the English text shall be used to resolve any doubts arising in respect of interpretation and/or application.
32. UEFA provides the Canon Fan Foto on an “as is” and “as available” basis and UEFA hereby disclaims any express warranty regarding the Canon Fan Foto, including without limitation any warranty of merchantability or fitness for purpose notwithstanding that such purpose may have been known or become known to UEFA. Without prejudice to the generality of the foregoing, UEFA assumes no responsibility for, and makes no guarantees that: (i) the Canon Fan Foto and services on the Canon Fan Foto will meet your requirements; (ii) services and functions on the Canon Fan Foto will be uninterrupted, timely, secure or error-free; (iii) results that may be obtained from the use of the Canon Fan Foto and services on the Canon Fan Foto will be accurate or reliable; (iv) defects to the Canon Fan Foto will be corrected; or (v) the Canon Fan Foto or the servers that make it available will be free of viruses or other harmful elements. Furthermore you acknowledge that UEFA relies on contributions made by third parties and, as such, they are made available on an “as is” basis without any warranty as to the non-infringement of third party rights.
33. UEFA cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any participant entering the Competition or as a result of acceptance of any prize. UEFA is not responsible for any problems or technical malfunction of any telephone network or lines, computer, on-line systems, servers, or provides, computer equipment, software failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any website, or any combination thereof, including any injury or damage to a participant’s or any other person’s computer or mobile telephone related to or resulting from participation or downloading any materials in relation to the Competition. By participating in the Competition, you agree that no claim relating to any such loss or injury (including without limitation special, indirect or consequential losses) shall be assorted against UEFA, its parent companies, sponsors, affiliates, directors, officers, employers or agents.
34. By participating in the Competition you agree that no claim shall be asserted against UEFA, its parent companies, sponsors or affiliates, or any of their respective directors, officers, employees or agents in respect of any and all losses or injuries (including without limitation special, indirect or consequential losses), damages, rights, claims or actions of any kind whatsoever that result from you entering the Competition or accepting, or using any prize.
35. UEFA shall not accept any responsibility for: (i) lost, late or undelivered Images; (ii) inaccurate information relating to the submission of Images; (iii) any technical failure, malfunction or difficulty that might hinder the ability of you to enter the Competition; or (iv) any event which may cause the Competition to be disrupted.
36. You acknowledge and agree that UEFA has no responsibility for the accuracy or availability of information, material or content provided by third party linked websites, or the content, performance, terms and conditions of use or the privacy policies or practices of such websites. Links to such sites do not constitute an endorsement by UEFA of such websites or the content, products, or other materials or services presented on such websites. Information in the many web pages that are linked to the Canon Fan Foto, and the applications and services available through the Canon Fan Foto, comes from a variety of sources. UEFA does not author, edit, or monitor all the content, links, or services provided by third parties. UEFA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or other material available on the Canon Fan Foto or on third party linked websites.
37. As a condition of use of the Canon Fan Foto, you agree to indemnify UEFA, its parent companies, sponsors and affiliates or any of their respective officers, employees or agents from and against any and all liabilities, expenses (including without limitation legal fees and expenses) and damages arising out of any claim resulting from your use of the Canon Fan Foto.
38. UEFA is subject to Swiss data protection laws when collecting and processing personal data. For details, please refer to our Privacy Policy on the Website. Please note that if you consent/have consented to receive direct marketing information from Canon in the appropriate tick box, this shall be deemed to constitute consent to transfer your personal information to Canon in accordance with the Information Sharing and Disclosure section of the Privacy Policy.
39. If you communicate with UEFA by e-mail, you should note that the security of Internet e-mail is uncertain. By sending sensitive or confidential e-mail messages which are not encrypted you accept the risks of such uncertainty and possible lack of confidentiality over the Internet.
40. Any legal dispute between you and UEFA in relation to the Canon Fan Foto and/or the Competition shall exclusively be governed by and interpreted in accordance with the laws of Switzerland. Place of jurisdiction shall be Nyon, Switzerland. UEFA shall also be at liberty to enforce its rights and to take legal action in any competent court of your domicile.
