ASCENSIA “THIS IS DIABETES, THIS IS REAL”– A GLOBAL ART & PHOTOGRAPHY COMPETITION

Terms and Conditions

BY MAKING A SUBMISSION IN THIS COMPETITION, YOU AGREE TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS BELOW AND YOU WARRANT THAT YOU ARE ELIGIBLE TO PARTICIPATE IN THE COMPETITION. 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 COMPETITION. WE RECOMMEND THAT YOU PRINT A COPY OF THESE TERMS AND CONDITIONS FOR YOUR FUTURE REFERENCE.

1. LEGAL TERMS: The party accepting these Terms and Conditions and entering a Submission (as defined herein) in the Ascensia “This is Diabetes Competition” (“Competition”) 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”).

2. SPONSOR/ADMINISTRATOR: The Competition 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.

3. CHALLENGE DATES:
   
   

   Competition Period:	September 19, 2023 through November 14, 2023
   Open Submission Period:	September 19, 2023 at 07:00:00 am British Standard Time (BST) through October 31, 2023 at 11:59:59 pm Pacific Daylight Time (PDT)
   Judging Period:	November 1, 2023, through November 7, 2023
   Announcement of Winner/Runners-up:	Winners will be notified by email and will be displayed on the Ascensia.com website and Ascensia’s social media channels on November 14, 2023

   Sponsor reserves the right to modify, remove or add data to the Website (defined herein) upon notice to Participants via email using the email address associated with their Submission and/or by such other reasonable means as Sponsor may determine. Sponsor reserves the right in its sole discretion to extend or modify the dates of the Competition 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 upon notice to Participants via email using the email address associated with their Submission and/or by such other reasonable means as Sponsor may determine. Participants are urged to consult the Website regularly during the Competition.

4. GENERAL INFORMATION: Participation in the Competition is subject to federal, state and local laws and regulations. No purchase necessary. The Competition is void where prohibited or restricted by law. Only one Submission 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 Competition.The overall premise of the Competition for Participants is to enter a photograph or piece of 2D static artwork, that is related to the World Diabetes Day 2023 theme: Access to Diabetes Care with emphasis on real life. The submissions should capture the genuine challenges and day-to-day realities faced by diabetes patients, highlighting the raw, unfiltered emotions and obstacles that people with diabetes encounter, whether it’s the difficulties in accessing care, medication, constant monitoring or any other day-to-day struggles.

5. ELIGIBILITY: The Competition will have one Submission category.This submission category for any member of the General Public subject to the following:

   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.

   Videos, animations, sculptures, and entries created using AI or generators will not be accepted.

   The person submitting the entry must be the sole owner and creator of the submitted photo or artwork.

6. HOW TO ENTER:To enter the Competition, visit www.ThisIsDiabetes.com (“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 Competition, which should be an original work of art or photography, which the Participant owns the copyright rights to, which reflects the Access to Care theme of the Competition. Submissions will only be included in the Competition if submitted during the Open Submission Period. Your Submission must include your contact information, country of residence, title of your artwork, story, a selection of the charity the prize money will be awarded to by the Sponsor, an original graphic 2D artwork or photograph. Video and animated submissions will not be accepted. 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.

7. CHALLENGE PARTICIPATION: Below is a general description of the Competition process and Judging Criteria:
   
   Open Submission Period
   Participants can submit a Submission until October 31, 2023 at 11:59:59 pm Pacific Daylight Time (PDT).

   Upon entering a Submission via the Website, you will receive an email confirming receipt of your Submission. Your Submission will be shared directly with 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.

   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 Competition, Administrator may (a) disqualify the Submission, or (b) request that the Participant submit a revised Submission, for further consideration by Administrator.

   Judging Period and Announcement of Winner
   The Sponsor and Administrator will define a shortlist of maximum 20 Submissions for review by a judging panel of experts from diabetes, digital health and patient advocacy as well as professional artists and photographers across the world (“Judging Panel”) for each category. The Judging Panel will review the shortlisted submissions that meet the eligibility criteria and Submission Requirements, using the Judging Criteria to determine a winner and up to two runners-up. The Judging Panel will look at the following two criteria (“Judging Criteria”) when selecting the Winner and Runners-up:

1. 1. Creativity: how the photograph or artwork demonstrates a creative way to depict the concept of Access to Diabetes Care in real life, showcasing the raw, unfiltered emotions and obstacles that people with diabetes encounter, whether it’s the difficulties in accessing care, medication, constant monitoring or any other day-to-day struggles.
   2. Storytelling: how the photography or artwork expresses their story, how access to diabetes care: medication, technology, support, care, nutrition and exercise and what this access means to people living with diabetes, what it enables them to do or why lack of access can make their care more challenging with emphasis on real life, highlighting the genuine challenges and day-to-day realities faced by diabetes patients..

The Submission in each category which best meets the Judging Criteria will be selected as the Competition winner. Sponsor will announce the winner and two runner(s)-up on World Diabetes Day, November 14, 2023 on www.Ascensia.com/wdd2023 and via its social media channels. Winners and runners-up will also be notified by the email provided on their submission form.

AWARDS:The winner and runner(s)-up will each be awarded a cash prize (“Prize”) which will be donated in the name of the winner or runner-up by the Sponsor to the registered diabetes charity nominated by Participant. The winner will have a six thousand (6,000) Euro, 1st runner up three thousand (3,000) Euro and 2nd runner up one thousand (1,000) Euro donation respectively made on their behalves to their selected charity. All Prizes are subject to verification of eligibility and compliance with these Terms and Conditions. Sponsor reserves the right to request another charity nomination from the Winner or Runner-up if the proposed charity donation is not deemed to be a bona fide registered charity, that has been registered at least twelve (12) months, prior to the Submission being made. All decisions of the Sponsor and Judging Panel will be final and binding on all matters relating to this Competition. the donation will be sent to the charity via wire transfer, clearly referencing the winner’s or runners-up’s names.
Whether or not your Submission is determined as a winner or runner-up depends on how your Submission compares to the other Submissions submitted in the Competition when evaluated based on the Judging Criteria. All Prizes are a one-time offer and there is no offer of licensure, royalty, or other financial compensation implied beyond the cash award.

8. TAX CONSIDERATIONS: Each recipient of a Prize will be solely responsible for any local, provincial, country or any other applicable taxes, and any other costs, expenses and fees in connection with the Prize.

9. 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 Competition.

10. YOUR RIGHTS: 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.
    You have the right to lodge a complaint regarding data protection issues with the supervisory authority in your country.

11. 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 Ascensia Group Data Protection Officer at privacy@ascensia.com.

12. INTELLECTUAL PROPERTY RIGHTS: The Participant acknowledges and confirms that only original artwork or photography that is owned by the Participant may be submitted for entry into the Competition.
    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 Submission, 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 Competition, 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.

13. PRIVACY:

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 enter this Competition, you need to provide certain personal data, such as name and contact details, to operate the Competition, contact the winner and runner(s)-up, and also publish their details, as set out in these Terms and Conditions. Use of your data is necessary for the performance of our effective contract with you when you enter the Competition.
3. We, and the partners we work with (including the UK-based Administrator), only use the information provided to operate the Competition, including to publicise it. We may share personal data with a third party where required or permitted by law.
4. 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: privacy@ascensia.com.
5. If you are unsuccessful, your details will be retained for 12 months after the end of the Competition, to highlight real life narratives on diabetes, in line with these Terms and Conditions. Data from winning 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

14. 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. 1. is your own original work; 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 Competition and administration of this Competition;
   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 Competition 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.

15. 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 Competition 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 Competition. 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 Competition rules or regulations. Persons who tamper with or abuse any aspect of the Competition 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 COMPETITION 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 COMPETITION, IF APPLICABLE).
    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.

16. LIMITATIONS OF LIABILITY: BY PARTICIPATING IN THIS COMPETITION, 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 COMPETITION (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 COMPETITION MAY RESULT IN THE DISQUALIFICATION OF A SUBMISSION, TERMINATION OF THE COMPETITION, OR OTHER REMEDIAL ACTION, AT THE SOLE DISCRETION OF THE SPONSOR. SOME JURISDICTIONS MAY NOT ALLOW 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.

17. NO OBLIGATION: You acknowledge that multiple Participants may enter Submissions that contain photography or artwork similar to your Submission. You acknowledge and agree that Sponsor’s actions with respect to another Submission, even if similar to your Submission, shall not create 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.

18. 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.

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

20. 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.