ASCENSIA “THIS IS DIABETES, THIS IS WELLBEING”
Terms and Conditions

BY MAKING A SUBMISSION IN THIS WEBSITE, YOU AGREE TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS BELOW AND YOU WARRANT THAT YOU ARE ELIGIBLE TO PARTICIPATE IN THE SUBMISSION.  THESE TERMS AND CONDITIONS CONSTITUTE A CONTRACT, SO READ THEM CAREFULLY BEFORE MAKING A SUBMISSION.  IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, THEN DO NOT ENTER A SUBMISSION IN THE CAMPAIGN. WE RECOMMEND THAT YOU PRINT A COPY OF THESE TERMS AND CONDITIONS FOR YOUR FUTURE REFERENCE.

LEGAL TERMS:  The party accepting these Terms and Conditions and entering a Submission (as defined herein) in the Ascensia “This is Diabetes submission” (“submission”) is referred to as a “Participant” or “you.”  By making a Submission, you are agreeing to be bound by these legal terms (the “Terms and Conditions”).

SPONSOR/ADMINISTRATOR: The submission is administered by Platform Worldwide Limited of The Old Casino, 28 Fourth Avenue, Hove, East Sussex, England, BN3 2PJ, United Kingdom (“Administrator”), on behalf of Ascensia Diabetes Care Holdings AG of Peter Merian-Strasse 90, P.O. Box 4052 Basel, Switzerland (“Sponsor”). Sponsor has partnered with Administrator to manage the submission process and initial screening of all Submissions (defined herein) for eligibility and compliance with the Submission Requirements (as defined herein) and these Terms and Conditions.

SUBMISSION DATES:

Sponsor reserves the right to modify, remove or add data to thisisdiabetes.com (“the Website”) . Sponsor reserves the right in its sole discretion to extend or modify the dates of the campaign and/or Open Submission Period, and to change the terms of these Terms and Conditions governing any portion thereof taking place after the effective date of any such change  by such other reasonable means as Sponsor may determine.  Participants are urged to consult the Website regularly for changes during the campaign.

GENERAL INFORMATION:  Participation is subject to federal, state and local laws and regulations. No purchase necessary. The submission is void where prohibited or restricted by law. Up to 3 submissions can be made per Participant and submissions are only valid from single individuals, team entries will not be accepted. As a condition of participating, each Participant agrees to provide documentation or other proof of his/her/its eligibility as requested and within the timeframe requested in Sponsor’s sole discretion. Sponsor reserves the right to restrict any person or entity who fails to comply with these Terms and Conditions from participation in the submission.

The overall premise of the submission for Participants is to submit a question that is related to the World Diabetes Day 2024 theme: Diabetes and Wellbeing. A selection will be answered by way of social media posts where we hope that the answers will help many people.

ELIGIBILITY: Individual legal residents who are (i) eighteen (18) years or older and the age of majority in his or her jurisdiction of residence at the time of Submission and (ii) who have not been convicted of a felony or crime of moral turpitude and (iii) are not a healthcare professional (“Individual Participant”). For the purpose of this section healthcare professionals are individuals (with a clinical or non-clinical role; whether a government official, or employee or representative of a government agency or other public or private sector organization; including but not limited to, physicians, nurses, technicians, laboratory scientists, researchers, research co-ordinators or procurement professionals) that in the course of their professional activities may directly or indirectly purchase, lease, recommend, administer, use, supply, procure or determine the purchase or lease of, or who may prescribe medical technologies or related services.

HOW TO ENTER: To make a submission, visit the Website during the Open Submission Period, accurately and truthfully complete all areas of the online Submitter Information Form (“Submission Form”), accept these Terms and Conditions, and follow the instructions for making a Submission as described on the Website and below.  As used herein, “Submission” means the Submission Form, including all solutions, information, documents or other materials submitted in connection with the submission, which should be an original work of art or photography, which the Participant owns the copyright rights to, which reflects the Wellbeing theme of the submission. Submissions will only be eligible if submitted during the Open Submission Period. Your Submission must include your contact information, and country of residence. Submissions may not be cancelled, removed, or revoked.  Sponsor is in no way obligated to review, use, or continue to use any Submission. Participants are responsible for any costs or expenses associated with preparing and submitting a Submission. All Submissions suspected of violating intellectual property rights, or any local or country law(s) will be ineligible.  Participants assume all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected Submissions.

CAMPAIGN PARTICIPATION: Below is a general description of the submission process:

Open Submission Period 
Upon entering a Submission via the Website, you will receive an email confirming receipt of your Submission. Your Submission will be shared directly with the Administrator for initial review and screening to determine whether your Submission meets the eligibility criteria and Submission Requirements as described in these Terms and Conditions.  Administrator will pass only those Submissions which comply with these Terms and Conditions onto Sponsor for further review by Sponsor. These will then be reviewed by the expert panel to prepare answers. These will not be shared individually but on our social media and digital channels.

In the event that Administrator, in its sole discretion, determines that a Submission does not or may not meet the eligibility criteria or the Submission Requirements for the submission, Administrator may (a) disqualify the Submission, or (b) request that the Participant submit a revised Submission, for further consideration by Administrator.   

CONFIDENTIALITY:  As a Participant, you acknowledge no confidential photography or artwork should be submitted and if the photograph or artwork contains an image in which an individual is clearly identifiable that the Participant has the express permission of that individual to submit that piece of artwork or photograph depicting said individual to the submission.

CONTACT DETAILS: If you have any questions relating to this consent form or the way we are planning to use your information please contact: ascensia.communications@ascensia.com.

If you have any questions relating to data protection please contact the Data Protection Officer at dp_office@phchd.com.

INTELLECTUAL PROPERTY RIGHTS: 

Except where prohibited by law, by making a Submission, you consent to the use by Sponsor and Administrator and their respective affiliates, subsidiaries, advertising and promotions agencies, as applicable, and each of their respective agents, representatives, officers, directors, shareholders, and employees (collectively, “Sponsor Entities”), of the campaign, your name, location (city and state/province/territory/country), trademark (where applicable), photograph, biographical data, and/or other likeness for advertising, trade and promotional purposes in connection with the submission, without further compensation, in any media or format now known or hereafter discovered, worldwide, and on the Internet and world wide web, without notice, consideration, review or approval and you release the Sponsor Entities from any and all claims, demands, liabilities, suits, judgments, damages, actions or other rights that you have, or may in the future have, related to such authorized uses. You agree that this consent is perpetual and cannot be revoked.  You agree that nothing in these Terms and Conditions grants you a right or license to use the Sponsor’s name or any Sponsor trademarks or service marks.

DATA PROTECTION: 

1. The Sponsor is the Data Controller of your personal data. This means that the Sponsor decides what your personal data is used for, and why.
2. To participate, you need to provide certain personal data, such as name and contact details, to operate the campaign, and also publish their details, as set out in these Terms and Conditions. Use of your data is necessary for the performance of our contract with you when you enter the submission.
3. Your email address will not be publicly shared and will only be used for communication regarding this campaign. It will not be used for marketing or any other purposes beyond this campaign. This ensures your personal information is kept secure and used strictly for the intended purpose of facilitating your participation.
4. If your question is selected and published, we will include your name, country, and any image or video you have provided. If you’ve provided a social media handle, we may use it to tag you in the post. This content will be shared on the campaign’s social media channels and website as part of the promotion.
5. We, and the partners we work with (including the UK-based Administrator), only use the information provided to operate the campaign, including to publicise it.
6. More details about how we use your data are in the Privacy Policy but if you would like to exercise any of your rights (including the right of erasure, right of access, or right to correct), or have any questions about how we use your data, please contact the Data Protection Officer: dp_office@phchd.com.
7. You have the right to request access to the information we hold about you and to request corrections or deletions of information that is no longer required. You have the right to withdraw your consent at any time by contacting Ascensia, in which case the image(s) featuring you will not be used in future materials but may continue to appear in materials already in circulation.
8. You have the right to lodge a complaint regarding data protection issues with the supervisory authority in your country.
9. If your Submission is not answered, your details will be retained for 12 months after the end of the Submission, to highlight real life narratives on diabetes, in line with these Terms and Conditions. Data from entrants will be retained for five years for regulatory and compliance purposes, and their contributions will be retained in line with these Terms and Conditions.

WARRANTIES: By entering a Submission, you represent and warrant that all information you enter on the Submission Form is true and complete to the best of your knowledge, that you have the right and authority to make a Submission on your own behalf, and that your Submission conforms with the following requirements (“Submission Requirements”):

1. is your own original question; modification of an existing work does not qualify as different or original;
2. does not contain confidential information or trade secrets (yours or a third party’s) and you are submitting information with the express intention that it imposes no confidentiality obligations on Sponsor, Administrator, or their respective officers, directors, employees, parents, subsidiaries and affiliates;
3. does not breach any confidentiality obligations owed to others;
4. does not violate or infringe upon the patent rights, industrial design rights, copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity (living or deceased);
5. for any image or photograph depicting an individual, that you have his/her/its/ their permission to submit for consideration;
6. does not contain malicious code, such as viruses, timebombs, cancelbots, worms, Trojan horses or other potentially harmful programs or other material or information;
7. does not, will not, and will not encourage others to violate any applicable law, statute, ordinance, rule or regulation;
8. does not trigger any reporting or royalty obligation to any third party;
9. does not include information or content that is false, fraudulent, deceptive, or misleading;
10. does not include trademarks, logos, packaging or copyrighted material not owned by you or used without permission; does not create or imply any improper association between Sponsor and any individual, entity, or anyone else or his, her, or its products or services;
11. does not suggest, depict, or describe any inappropriate or unlawful behaviour or use of Sponsor’s or any other products or services;
12. does not disparage any person or party, including Sponsor, Administrator, or anyone affiliated with the submission and administration of this submission;
13. does not contain text that is inappropriate, indecent, obscene, hateful, tortious, defamatory, threatening, disparaging, unlawfully harassing, slanderous or libellous, as determined by Administrator or Sponsor;
14. you agree that your participation in the submission and agreement to these Terms and Conditions and Sponsor’s and Administrator’s use of your Submission will not violate any agreement to which you are a signatory or party.

A breach of any warranty set out in these Terms and Conditions will result in the corresponding Submission being invalid.  In addition, you agree to indemnify Sponsor and Sponsor Entities against all loss, damages and costs incurred by the Sponsor Entities arising from your breach of the warranty.

VERIFICATION/AUDIT: Participant understands and agrees that Sponsor or Administrator may (but is not required to) verify, audit or otherwise confirm Participant’s identity, registration information, eligibility or other information relating to any Participant or Submission that may aid Sponsor in selecting submission runner(s)-ups and winners.  Participant hereby consents to such verification efforts and shall reasonably cooperate fully and in good faith with Sponsor and Administrator throughout the duration of the submission.  Sponsor or Administrator, in their sole discretion, may suspend, remove or otherwise disqualify any Participant suspected of providing false, misleading or other information that may fail to comply with these Terms and Conditions, any applicable Website acceptable use policy or any other submission rules or regulations.  Persons who tamper with or abuse any aspect of the submission or Website, as determined by Sponsor and Administrator, will be disqualified.

CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CAMPAIGN IS A VIOLATION OF APPLICABLE CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW (AND TO DISQUALIFY SUCH PERSON FROM THE SUBMISSION, IF APPLICABLE).

 FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, IN WHICH SUCH CASE SUCH LIMITATION OR EXCLUSION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY LAW IN THE RELEVANT JURISDICTION. 

Any Participant suspected, by Sponsor or Administrator, of attempting to circumvent these Terms and Conditions, including but not limited to using false email and/or addresses, multiple identities or other fraudulent or deceptive Submission methods, may be disqualified. In the event of a dispute as to the source of a Submission, the authorized account holder of the email address used to enter will be deemed to be the person making the Submission.  The authorized “account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.

NO OBLIGATION: LIMITATIONS OF LIABILITY: BY PARTICIPATING IN THIS CAMPAIGN, YOU AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, SPONSOR ENTITIES, ADMINISTRATOR AND JUDGES FROM AND AGAINST ANY INJURIES, CLAIMS, ACTIONS, LIABILITY (INCLUDING ATTORNEYS’ FEES), AND LOSSES OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, RESULTING FROM OR ARISING OUT OF YOUR PARTICIPATION IN, ASSOCIATION WITH OR SUBMISSION IN THE CAMPAIGN (INCLUDING ANY CLAIMS ALLEGING THAT YOUR SUBMISSION INFRINGES, MISAPPROPRIATES OR VIOLATES ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPONSOR ENTITIES ARE NOT RESPONSIBLE FOR ANY MISCOMMUNICATIONS SUCH AS TECHNICAL FAILURES RELATED TO COMPUTER, TELEPHONE, CABLE, AND UNAVAILABLE NETWORK OR SERVER CONNECTIONS, RELATED TECHNICAL FAILURES, OR OTHER FAILURES RELATED TO HARDWARE, SOFTWARE OR VIRUS, OR INCOMPLETE, LATE OR MISDIRECTED SUBMISSION. ANY COMPROMISE TO THE FAIR AND PROPER CONDUCT OF THIS CAMPAIGN MAY RESULT IN THE DISQUALIFICATION OF A SUBMISSION, TERMINATION OF THE CAMPAIGN, OR OTHER REMEDIAL ACTION, AT THE SOLE DISCRETION OF THE SPONSOR. SOME JURISDICTIONS MAY NOT ALLOW ACKNOWLEDGE AND AGREE THAT SPONSOR’S ACTIONS WITH RESPECT TO ANOTHER SUBMISSION, EVEN IF SIMILAR TO YOUR SUBMISSION, SHALL NOT CREATA IN SPONSOR ANY LIABILITY TO YOU OR OTHERS. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE THAT SPONSOR IS NOT OBLIGATED TO TAKE ANY ACTION WHATSOEVER WITH REGARD TO YOUR SUBMISSION.

SEVERABILITY: The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms and Conditions shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision was not contained herein.

WAIVER: By entering the submission, you waive all rights to seek injunctive or equitable relief, or to claim punitive, incidental or consequential damages, or attorneys’ fees.

APPLICABLE LAW: You agree that these Terms and Conditions and the relationship between you and Sponsor shall be exclusively construed, interpreted and controlled by the laws of Switzerland.  All claims arising out of or related to the obligations created by these Terms and Conditions, whether sounding in contract, tort or otherwise, shall be governed and decided by the courts of Basel Stadt, Switzerland. You acknowledge and agree that all aspects and content of your Submission shall be treated as if made in Switzerland and Swiss laws shall supersede the relevant laws of any country in which the Submission may have been conceived and/or made.  For Participants living outside of Switzerland, you specifically acknowledge that you accept the practices and policies outlined in these Terms and Conditions.