ASCENSIA “THIS IS DIABETES, THIS IS WELLBEING”
条款与条件

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.

法律条款：  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”).

赞助人/管理员： 本次投稿由The Old Casino 的平台全球有限公司（地址：28 Fourth Avenue，Hove，East Sussex，England，BN3 2PJ，英国）代表Ascensia Diabetes Care Holdings AG（地址：Peter Merian-Strasse 90，邮政信箱4052，巴塞尔，瑞士）（简称“主办方”）管理。主办方与平台全球有限公司已建立合作伙伴关系，负责管理本次投稿的所有提交（在本协议中定义）的提交流程以及初步筛选，以确定其符合提交要求（在本协议中定义）以及这些条款与条件。.

提交日期：

提交截止日期：20th October, 2024 through November 25, 2024
开放提交期：20th October 2024 at 12:00:00 am Australian Eastern Standard Time (AEST)  through October 31, 2023 at 11:59:59 pm  Pacific Daylight Time (PDT)
Release of Answers:Answers will be on Ascensia.com website and Ascensia’s and This is Diabetes social media channels from November 14, 2024 onwards

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.

一般信息：  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.

资格要求： 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.

如何参赛： 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.

参与活动： 以下是提交流程的一般描述：

开放提交期 
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.   

保密性：  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.

联系方式： 如果您对本同意书或我们计划使用您的信息的方式有任何疑问，请联系： ascensia.communications@ascensia.com.

如果您有任何与数据保护相关的疑问，请联系数据保护官： dp_office@phchd.com.

知识产权： 

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. 赞助商是您个人数据的数据控制者。这意味着赞助商决定了您的个人数据将被用于什么目的以及为什么会被使用。.
  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. 关于我们如何使用您的数据的更多详情请参阅 隐私政策 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. 您有权向您所在国家的监管机构就数据保护问题提出投诉。.
  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.

保证： 提交作品时，您声明并保证，您在提交作品表格中所输入的所有信息均为您所知悉的真实完整信息，且其准确无误。您有权并有权以自己的名义提交内容，且您的提交内容符合以下要求 (“提交内容”) “要求”）：

  1. is your own original question; modification of an existing work does not qualify as different or original;
  2. 该信息不包含任何机密信息或商业秘密（无论是您自己的信息还是第三方的信息），且您提交该信息的目的是明确表示不要求赞助商、管理员或其相关官员、董事、员工、父母、子公司和附属公司承担任何保密义务；;
  3. 不违反对他人的任何保密义务；;
  4. 不违反或侵犯任何人的专利权、工业设计权、版权、商标、隐私权、公开权或其他知识产权或任何其他权利（无论其现存或已逝）；;
  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. 不鼓励他人违反任何适用的法律、法规、条例或规章；;
  8. 不产生对任何第三方的报告或版税义务；;
  9. 不包括虚假、欺诈、误导或误导性的信息或内容；;
  10. 不包括商标、标识、包装或非您所有或未经许可使用而拥有或使用的受版权保护的材料；不创建或暗示赞助商与任何个人、实体或其他任何人或其产品或服务的之间存在任何不正当关联；;
  11. 不暗示、描绘或描述任何不当或违法行为，也不要使用赞助商的任何其他产品或服务；;
  12. 不诋毁任何个人或组织，包括发起人、管理员或与本提交活动相关联的任何其他人员；;
  13. 不包含违反管理员或赞助商规定的不恰当、猥亵、淫秽、仇恨、欺诈、诽谤、威胁、贬低、非法骚扰、诽谤或诬蔑的文字；;
  14. 您同意，您参与提交内容并同意遵守这些条款和条件，以及赞助商和管理员使用您的提交内容的行为，不会违反您已签署的任何协议或合同。.

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.

验证/审计: 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.

警告：任何人故意破坏本网站或破坏本次活动的合法运营的行为，均属违法行为，并可能导致刑事和民事责任。如发生此类行为，主办方保留以法律规定的最充分限度追究此类人员责任的权利（并有权取消该人员参与本次活动的资格）。.

 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.

无义务： 责任限制： 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.

可分割性： 本条款和条件中的任何规定的无效或不可执行，不影响其任何其他规定的有效性或可执行性。如果任何规定被认定为无效或不可执行、或违法、则本条款和条件的其他部分应继续有效并按照其条款解释，就好像该无效或违法条款并未在本文件中包含一样。.

放弃： 提交作品时，即放弃所有寻求禁令或公平救济的权利，以及要求惩罚性、附带性或后果性赔偿或律师费的权利。.

适用法律： 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.