TERMS AND CONDITIONS OF THE CONTEST

The Group of the European People's Party in the European Parliament, (hereinafter referred to as the “EPP Group” or ““#DiscoverEU”), Rue Wiertz 60, 1047 Brussels, Belgium, represented by ZN SPRL, Chaussée de Boondael 6/8, 1050 Brussels, Belgium, hereinafter referred to as “ZN SPRL”– is organising a no purchase necessary photo contest via its website www.youdiscover.eu/challenge (hereinafter the “Contest”) which is governed by these terms and conditions (hereinafter the “Terms”).

Description

The Contest aims to promote contacts within the European Union between its citizens. By participating, young citizens or legal residents of the European Union may be offered two Interrail® travel Global passes, allowing them to travel by train through Europe.

Participants have to upload one original photo of a place in the European Union they like and explain why this place exceptional. Participants should share the photo and collect votes to be part of the top 20 submissions and enter into consideration for the judging panel review.

Participants should upload the picture on www.youdiscover.eu/challenge or on Instagram using the #discoverEUchallenge.

Further information on the duration, questions, available Prize (as defined in Article 9) and further details on the Contest can be found on the website www.youdiscover.eu/challenge. In the event of any conflict between these Terms and the specific Contest rules set out in the Contest announcement on the above mentioned website, the former will prevail. These Terms and the aforesaid specific Contest rules are hereinafter collectively referred to as the “Rules of Contest”.

Accepting terms

You acknowledge and agree that, by accessing the Contest or by uploading or posting any content on the Contest page www.youdiscover.eu/challenge, or on Instagram, you are indicating that you have read, understood and agreed to be bound by all the terms and conditions of this Contest . If you don’t agree to all the terms and conditions of this Contest, you shouldn't, and aren't permitted to participate in the Contest. No communication will take place (by letter, e-mail or telephone) regarding the progress of the Contest. The results of the Contest are binding and irrevocable.

Eligibility

The Contest is open to any natural persons who will be 18 to 30 years old at the time of the trip (i.e. between July 1, 2017 and August 15, 2017), irrespective of their nationality, but who are citizens or legal residents of any member State of the European Union. Employees of ZN SPRL and their close relatives and anyone otherwise connected with the organisation or judging of the competition cannot participate to the Contest.

Participation to the Contest

As a condition to participate to the Contest, you will be required to provide personal information including but not limited to e-mail address and, optionally, links to social media profiles. You agree to provide #DiscoverEU with accurate, complete, and updated information, particularly your e-mail address.

As participation to the Contest is free of charge, #DiscoverEU reserves the right to change the Contest and its form and functionality without prior notice.

How to take part to the Contest?

To take part to the Contest, the following conditions must be met: the participant will only qualify to take part if he/she complies with the eligibity requirements of Article 4 above and participated between Tuesday, May 2, 2017, 00:01 CET and Sunday, May 21, 2017, 23:59 CET by (i) filling in, attaching the Photo (as defined in Article 10), and submitting the electronic form available at www.youdiscover.eu/challenge or (ii) by uploading the Photo on Instagram, using the #discoverEUchallenge.

In case the participant takes part of the Contest by filling the electronic form at www.youdiscover.eu/challenge, he/she has to enter (i) his/her contact details: surname, name, country of residence, e-mail address, a confirmation that he/she belongs to the 18-30 age group and (ii) optionally, links to social media profiles (Facebook, Instagram and Twitter), if any.

In case the participant takes part of the Contest by uploading the Photo on Instagram using the #discoverEUchallenge in the caption of their picture, he/she has to reclaim their photo and complete their submission on www.youdiscover.eu/challenge in order to have a valid submission.

Once the submission procedure is completed pursuant to this Article 6, the subscribed individuals become “Entrants”. The Entrants may only submit one individual submission. Multiple entries from the same person will be disqualified. Late responses or submissions will not be accepted. #DiscoverEU reserves the right to verify whether the Terms of the Contest are being observed. If all of the conditions set out in the Terms of the Contest have not been met or in the event of misuse, deceit or fraud, #DiscoverEU explicitly retains the right to exclude the Entrant(s) in question from the Contest immediately and without prior notice. #DiscoverEU reserves the right to extend the submission period mentioned in this Article 6 at its sole discretion. Any changes to the Contest will be notified to Entrants as soon as possible.

Entrants can see their submission, and the votes collected, on the webpage www.youdiscover.eu/challenge.

Disqualification

The use of stock photos is strictly forbidden and will cause the immediate disqualification of the relevant Entrant(s). Multiple submissions from the same person will be disqualified.

All damaged, illegible or incomplete submissions will be disqualified. Typos, spelling errors and misprints or other such errors as well as technical problems (e.g. in the online submission procedure or communication) cannot in any way be invoked as grounds for any obligation whatsoever on the part of #DiscoverEU.

Liability

Neither #DiscoverEU nor any other person or company who/that assists in organising the Contest will be held liable and will not owe any compensation whatsoever to the Entrants (i) if the Contest cannot be completed due to force majeure (including but not limited to acts of god, war, civil commotion, industrial dispute, dispute with third parties/sponsors in relation to the performance of the Contest or the issuance of the Prize), or (ii) if certain arrangements, parameters or modalities of the Contest need to be changed. #DiscoverEU reserves the right to change the campaign or course of the Contest if unforeseen circumstances or circumstances beyond #DiscoverEU’s reasonable control justify such measures. #DiscoverEU cannot be held liable should the Contest be suspended, postponed or cancelled due to circumstances beyond #DiscoverEU’s reasonable control.

To the extent that the Entrant takes part in the Contest on a free basis and free of charge,  any liability of #DiscoverEU with respect to any damage, including any loss, cost or expense that the Entrant may suffer as a result of the participation to the Contest or otherwise arising from the Contest, is expressly excluded, to the largest extent authorized by applicable law. Nothing in this Article 8 shall however (i) limit or exclude #DiscoverEU’s liability for death or personal injury arising as a result of its negligence or (ii) exclude #DiscoverEU’s liability for fraud, fraudulent misrepresentation, gross negligence or wilful misconduct.

#DiscoverEU does not bear any responsibility for the characteristics of the Prize (as mentioned on the website www.youdiscover.eu/challenge #DiscoverEU cannot be held responsible for any default on the part of its sponsors/suppliers with regard to the provision of the Prize. If the supplier fails to hand over the Prize, #DiscoverEU will not be obliged to provide another prize. However #DiscoverEU will make reasonable efforts to provide the winning Entrant with a replacement prize of the same value as the Prize.

The prize

The winning Entrants will be designated on June 14, 2017, following these criteria:

  • the Entrant properly sent the submission in accordance with Article 6;
  • the Entrant was not disqualified or excluded from the Contest in accordance with Articles 7 and 17;
  • the Entrant submitted a Photo (as defined in Article 10) compliant with the Rules of Contest and/or other possible guidelines communicated by #DiscoverEU;
  • the points assigned by the judging panel; and
  • the number of votes the submission received.

In the event of an ex aequo, the winning Entrant will be the one that submitted his/her Photo first.

The top 20 submissions, with the highest number of votes, will be reviewed by a judging panel who will select 5 winning Entrants.

The judging panel will be composed of members of the EPP Group and potentially representatives of EURAIL GROUP G.I.E.  (as defined below) and/or travel bloggers.

The prize for the each winning Entrant is two Second Class Interrail® Global passes valid for five travel days in fitfteen days (collectively, the “Prize(s)”).

The Prize allows to travel within 30 countries in Europe and has to be used between July 1, 2017 and August 15, 2017. The Prize must be requested to ZN SPRL, by filling in the order form that will be provided to the winning Entrants. The Prize must then be booked by July 1, 2017 the latest.

#DiscoverEU reserves the right not to provide the five Prizes described in this Article 9 if the number of valid submissions received is lower than five.

The Interrail® Global Passes are offered by EURAIL GROUP G.I.E., a company with registered offices at Postbus 2112, 3500 GC UTRECHT, Netherlands (VAT No. NL8098.37.353.B01 – “EURAIL GROUP G.I.E.”). The Prize must be collected within two (2) weeks from the end of the Contest. The Prizes cannot be transferred or assigned and they cannot be exchanged for other products, services or money. The winning Entrant must produce evidence of his/her identity at the collection of the Prize.

Travel insurance is not included in the Prize and it is the winning Entrant’s responsibility to arrange suitable cover for their needs, as well as visa requirements if applicable. Neither #DiscoverEU nor any other person or company who/that assists in organising the Contest can be held liable for damage suffered by the winning Entrant in the course of his/her use of the Prize.

The winning Entrant explicitly acknowledges and agrees that #DiscoverEU is not responsible for handing over the Prize (as defined in Article 9) and cannot be regarded as a producer or service provider. By accepting the Prize, the winning Entrant explicitly accepts the general and specific conditions that apply to the Prize and waives any claim of any nature against #DiscoverEU in relation to the Prize.

The Photo – intellectual property

The Entrant agrees that the photo submitted by the Entrant in accordance with the Rules of Contest as well as any components thereof, such as the graphic, images and textual elements (the “Photo”) is hereby transferred and assigned to #DiscoverEU, who accepts. Such transfer and assignment implies that the exclusive property of the Photo and the Travel Material (as defined in article 15 below) belongs to #DiscoverEU and that all intellectual property rights and other property rights on the Photo and the Travel Material are immediately and exclusively transferred and assigned to #DiscoverEU as of the date of the submission of the Photo and/or the Travel Material. All intellectual property rights and other property rights, including but not limited to copyrights, logos, trademarks and designs in the Photo and the Travel Materialare automatically and exclusively transferred and assigned by the Entrant to #DiscoverEU upon the submission of the Photo in accordance with the Rules of Contest and/or upon providing the Travel Material. The transfer and assignment of all intellectual property and other property rights includes but is not limited to the transfer and assignment of the right to reproduce, adapt, translate, modify, publish, display, edit, market, store, distribute, have distributed, communicate, transmit, have transmitted, rent, lend, make available the Photo and the Travel Material to the public, partially or completely, promote, create derivative works based upon and use the (winning) Photo and the Travel Material, in each and any way, whether private or public, for internal and external use. The transfer and assignment of rights is valid for promotional, advertising, editorial, merchandising or other commercial purposes as well as for non-commercial purposes, final for each and every form of exploitation and for all countries, in the most extensive way possible as permitted by law, without limitation in time other than the limitation provided by law for the respective rights. The Entrant acknowledges and agrees that the transfer and assignment of rights under this Article 10 is made on a free basis. The Entrant agrees to (i) execute such additional documents as may be requested by #DiscoverEU to evidence #DiscoverEU’s ownership of the intellectual property rights and other property rights in the Photo and the Travel Material and (ii) update, communicate and transfer to #DiscoverEU any relevant documentation on the Photo and the Travel Material. The Entrant shall refrain from any act which would infringe #DiscoverEU’s rights. After or prior to the submission of the Photo in accordance with the Rules of Contest and/or providing the Travel Material, the Entrant shall not register or allow the registration of any intellectual property right subject to registration in relation to the Photo and/or the Travel Material or its derivatives without the express and prior written approval of #DiscoverEU. The Entrant shall inform #DiscoverEU immediately and in writing of any infringement or possible infringement of any of #DiscoverEU’s intellectual property rights. The Entrant agrees that #DiscoverEU, or any other person appointed by #DiscoverEU, shall exclusively represent him/her in the exercise of his/her moral rights, if any. The Entrant agrees not to oppose the communication and/or the adaptation of the Photo and/or the Travel Material. The Entrant agrees that #DiscoverEU may exploit the Photo and/or the Travel Material without mentioning the Entrant’s name as author. The Entrant represents and warrants that (i) he/she holds the intellectual property rights in the Photo and the Travel Material, (ii) the intellectual property rights in the Photo and the Travel Material are free from any third-party rights, restrictions on use or obligations of confidentiality, and (iii) the assignment and transfer of rights do not infringe upon the intellectual property rights of third parties. In addition, should any individual be represented in the Photo and/or the Travel Material, the Entrant represents and warrants that he/she has the right to submit the aforesaid Photo and/or Travel Material representing such individual, including, without limitation, by having obtained the prior consent of the individual represented. In the event of infringement of third-parties (intellectual property) rights, (i) #DiscoverEU is entitled, in addition to any other remedies available at law, (a) to disqualify the Entrant concerned with immediate effect and without prior notice and/or (b) to request the reimbursement of the Prize granted as the case may be, and (ii) the Entrant shall defend and hold harmless #DiscoverEU and keep fully indemnified #DiscoverEU in case of such infringement, both during the Contest and thereafter.

Independence of the parties

In no way is the Entrant to be construed as the agent of or to be acting as the agent of #DiscoverEU. Nothing herein shall constitute an employment, joint venture, or partnership relationship between the Entrant and #DiscoverEU. The Entrant  may not assign, transfer, charge or deal in any manner or otherwise dispose of any or all of its rights or obligations hereunder without the prior express written consent of #DiscoverEU. #DiscoverEU may transfer any and all of its rights and obligations hereunder to any affiliated company.

Confidentiality

Without prejudice to Article 155, #DiscoverEU will not disclose information about the Contest or the Entrants in any way before, during or after the Contest, except if the winning Entrant  decides to do so, neither will #DiscoverEU require to issue a response to any exchange of letters or other communication that could in any way be regarded as an acceptance of the content of the letter received. This also means that #DiscoverEU will in no way be or become obliged to disclose or publish the identity of the winning Entrants.

Winning Entrant

The winning Entrants will be notified by email within two weeks of the end of the Contest, at which point they will also be given practical information regarding the issuance of the Prize and the deadline for claiming the Prize. The winning Entrants may be required to sign and return releases of liability and/or declarations of eligibility, within five calendar days of acknowledged notification. If a selected potential winning Entrant cannot be contacted, is ineligible (under the Rules of Contest), fails to claim a Prize, or fails to timely return the completed and executed releases/agreements as required, the Prize may be forfeited and an alternate potential winning Entrant may, at #DiscoverEU’s discretion, be selected.

#DiscoverEU shall have no liability for the winning Entrant’s failure to receive notices due to spam, junk email or other security settings or for the winning Entrant’s provision of incorrect of otherwise non functioning contact information.

Communication

Any complaints or comments must be exclusively submitted in writing to ZN SPRL, Chaussée de Boondael 6/8, 1050 Brussels, Belgium, whereby all rights are reserved with regard to the formulation of a response and whereby failure to respond cannot under any circumstances be regarded as a formal acceptance of the letter on the part of #DiscoverEU or ZN SPRL.

Personal data – data protection

By submitting the Photo and by participating to the Contest, the Entrant agrees to provide #DiscoverEU with certain personal data relating to him/her, such as: his/her surname, name, country of residence, e-mail address, age range and, optionally, links to social media profiles. The Entrant acknowledges and agrees that these personal data may be collected and processed for the purposes of identifying the Entrant, managing the Entrant’s participation, informing the Entrant, contacting the Entrant if he/she is the winning Entrant and promoting the #DiscoverEU campaign. #DiscoverEU will not use the Entrant’s personal data for other purposes. The Entrant’s personal data will not be disclosed or transfered to third parties other than as specified in this Article 155. The Entrant may oppose to the future processing of his/her personal data for direct marketing purposes at any time, free of charge and without having to provide a justification by sending an email to contact@youdiscover.eu or by writing to ZN SPRL at the address mentioned below. The personal data relating to the Entrant as collected by #DiscoverEU under this Article 155 will be integrated – and thus transferred to – in a database held and managed by ZN SPRL, acting as subcontractor of the EPP Group, with registered offices at Chaussée de Boondael 6/8, 1050 Brussels, Belgium, and its subcontractors. Appropriate contractual measures will be taken to ensure the security of the Entrant’s personal data with respect to such transfer. The Entrant’s personal data will not be transferred to any other third parties. #DiscoverEU will make all reasonable efforts to protect and defend the Entrant’s privacy interests. As a result, the Entrant’s personal data will only be accessed on a need-to-know basis. #DiscoverEU has taken steps to ensure the Entrant’s personal data security, quality and integrity. The Entrant is entitled to access to his/her personal data, as collected and processed by #DiscoverEU, and request the modification or suppression of personal data relating to him/her if it is incorrect or unnecessary. To exercise these rights, the Entrant must send a written and signed request to ZN SPRL, together with a copy of his/her identity card or other identification document at the address above mentioned. In addition, the Entrant acknowledges and agrees that #DiscoverEU may announce the winning Entrant on its Facebook page (https://www.facebook.com/youdiscoverEU/) and Instagram page (https://www.instagram.com/youdiscovereu/). The winning Entrant acknowledges and accepts that his/her name may be published and publicly disclosed on the #DiscoverEU website (http://www.youdiscover.eu/), the #DiscoverEU Facebook page (https://www.facebook.com/youdiscoverEU/) and the #DiscoverEU Instagram page (https://www.instagram.com/youdiscovereu/).

The winning Entrant may be asked to take part in a publicity campaign of #DiscoverEU, including participation in publicity photo or video sessions. The winning Entrant may be asked to provide pictures, videos or stories while travelling with Interrail in Europe (the “Travel Material”). By accessing the Contest, the Entrant explicitly accepts that #DiscoverEU and every other person or company who/that assists in organising the Contest may use the Travel Material in the context of this Contest. All use of the Travel Material is free of charge and without any compensation of any kind whatsoever. The Entrant explicitly accepts that the Travel Material may be published/transmitted – and therefore made publicly available – on the website of #DiscoverEU (http://www.youdiscover.eu/), as well as on the social media Facebook page (https://www.facebook.com/youdiscoverEU/) and Instagram page (https://www.instagram.com/youdiscovereu/) in order to promote Europe.

         

Sponsor

EURAIL GROUP G.I.E. is sponsoring the contest by providing 10 Interrail® Global passes that will be handed out as Prizes to the winning Entrants.

#DiscoverEU uses Facebook for the sole purpose of communicating and advertising on the Contest. Facebook is in no circumstance sponsoring, supporting, associating or managing the Contest.

Exclusion of the Contest

In the event of non-compliance with the Rules of Contest, possible fraud or a clearly unlawful influence on the Contest on the part of the Entrant, #DiscoverEU retains the right to exclude such Entrant from the Contest without prior notice.

Applicable law and jurisdiction

Disputes will be settled by the competent Courts of Brussels and will be exclusively governed by Belgian law.

Availability of the Terms

These Terms are freely accessible on the website: www.youdiscover.eu/challenge or can be requested by sending a pre-paid and addressed envelope to ZN SPRL, at the following address: Chaussée de Boondael 6/8, 1050 Brussels, Belgium.