“Share your Alibaba.com story” Contest Rules, Terms & Conditions
(the “Official Rules”)
These terms & conditions apply to the “Share your Alibaba.com story” Contest (the “Contest”) that is held on the Alibaba.com International Website (www.alibaba.com) (“Alibaba.com”).
These terms and conditions are applicable solely between the Organizer (as defined below) and the Eligible Members (as defined below).
1. The Contest: Eligible Members who satisfy the requirements under Clause 6 shall be entitled to participate in the Contest by submitting their business stories and experiences using Alibaba.com (“Submission”). All Submissions will be judged in accordance with the criteria set out in Clause 6.6.
Winners will be entitled to receive certain Cashback Awards (as defined below) of up to US$1,000. The exact amount of a Cashback Award will, subject to the applicable cap as further described in Clause 6.7, be equivalent to the single highest payment amount of any Trade Assurance order (notwithstanding such Trade Assurance order was placed during the Super September period or before) settled by the relevant winner during the Super September period i.e. between September 2, 2019 00:00:00 Pacific Time (PDT) to September 30, 2019 23:59:59 Pacific Time (PDT). For the avoidance of doubt, any winner who did not settle any payment for any Trade Assurance order during the Super September period will not be entitled to receive any Cashback Award. For further details relating to the Cashback Awards, please refer to Clause 6.7.
2. Contest Period: The story submission period begins on September 2, 2019 00:00:00 Pacific Time (PDT) and ends on September 30, 2019 23:59:59 Pacific Time (PDT) (the “Story Submission Period”); and the voting period begins on September 2, 2019 00:00:00 Pacific Time (PDT) and ends on October 8, 2019 23:59:59 Pacific Time (PDT) (the “Voting Period”).
3. Organizer: Alibaba.com Singapore E-Commerce Private Limited, a company incorporated in Singapore with registered office address at 8 Shenton Way #45-01 AXA Tower Singapore 068811 (the “Organizer”).
4. Availability: This Contest is available on the Alibaba.com, Alibaba.com mobile site, Alibaba iPhone and Android App.
5. Eligible Member: You must be a registered member of Alibaba.com. Notwithstanding that, any person who is an employee, officer and/or director of the Organizer (including his/her immediate family members, agents, any corporate entity in which he/she is a shareholder, director and/or employee, and, such corporate entity’s affiliates and subsidiaries) shall not be eligible to participate in this Contest.
6. Contest-specific Rules:
6.1 Each Eligible Member is eligible to submit a maximum of one (1) story on the Contest Topic (as defined below) during the Story Submission Period.
6.2 The topic of any participating story in this Contest is “Why was Alibaba.com the right choice for your business?” (the “Contest Topic”). In this regard, you may consider writing about: (a) how Alibaba.com has assisted your business growth; and/or (b) how certain Alibaba.com features (Trade Assurance order protection, inspection services, logistics services) have made it easier to conduct business.
6.3 The language of the story shall be in English.
6.4 All Eligible Members may invite any registered member or unregistered user of Alibaba.com (“Voter”) to read those stories submitted to Alibaba.com and vote for its preferred story(ies) by giving a ‘like’ thereto during the Voting Period. Each Voter is entitled to cast one (1) vote only to the same story each day during the Voting Period.
6.5 Winners of the Contest will be announced on or around 18 October 2019 (“Results Announcement Date”) and each winner shall be notified by email on or around the Results Announcement Date.
6.6 Each Submission will be assessed in accordance with the following criteria:-
• Total number of “likes” received at the end of the Voting Period - 60%
• Assessment conducted by the Organizer* - 40%
* Factors involved in the conduct of the assessment by the Organizer will mainly include: (a) the relevancy of the story to the Contest Topic; (b) the length of the story (note: story with 1500-2000 characters will be more preferable); (c) creativity of the story (note: story with picture(s) attached and/or data details included will be more preferable).
6.7 Eligible Members whose stories based on the scores announced by the Organizer are ranked within top 50 amongst all the Submissions will be entitled to receive the following cashback awards (“Cashback Awards”):
(a) For stories which ranked between 1st to 20th
Each of the Eligible Members shall be entitled to receive up to US$1,000* of cashback;
(b) For stories which ranked between 21st to 50th Each of the Eligible Members shall be entitled to receive up to US$500* of cashback.
* Note: The exact amount of the Cashback Awards which an Eligible Member is entitled to receive hereunder (“Exact Cashback”) will be equivalent to the single highest payment amount (it may be a deposit or a full payment) of any Trade Assurance order (notwithstanding such Trade Assurance order was placed during the Super September period or before) settled by the Eligible Member during the Super September period, subject always to the applicable cap (of either US$1,000 or US$500).
For the avoidance of doubt, it is a prerequisite for any Eligible Member to have settled at least one payment (it may be a deposit or a full payment) for Trade Assurance order during the Super September period, in order to be entitled to receive the Cashback Award. If there are more than one (1) payment settled by the Eligible Member for Trade Assurance order during the Super September period, the amount of the Exact Cashback will be equivalent to the highest payment amount amongst those payments.
6.8 Each winner of the Contest shall provide a valid bank account number and the relevant wire transfer information as required by the Organizer via a designated mean (to be set out in the results notification email in accordance with Clause 6.5) on or before 31 October 2019 to be eligible to receive the Exact Cashback. Unless otherwise agreed by the Organizer, any failure to provide such information before such date shall disqualify such winner’s entitlement to the Exact Cashback.
6.9 The Exact Cashback shall be remitted to the designated bank account specified by the winner within thirty (30) days from the Results Announcement Date.
6.10 If a winner has submitted an application for or successfully received, a refund in respect of the payment made by the winner for its Trade Assurance order during the Super September period, on or before the Exact Cashback is remitted to the designated bank account specified by the winner, the Organizer reserves the right to disqualify the winner’s entitlement of the Exact Cashback.
6.11 Each winner of this Contest must agree to participate in any further promotional events (“Promotional Events”) organized by the Organizer, including but not limited to participate in any interviews, video or photo shooting, following their participation of this Contest. Any failure to participate in the Promotional Events (if required by the Organizer) shall disqualify such winner’s entitlement to receive the Exact Cashback and may be required to refund the same to the Organizer.
6.12 Each Eligible Member shall be responsible for all tax liabilities (if any) in relation to the Cashback Award received by the Eligible Member from this Contest.
6.13 The Organizer shall have the final right of interpretation in the event of any dispute between the Organizer and the Eligible Member.
7. License Grant to the Organizer:
7.1 Each Eligible Member who participates in this Contest (“Participant”) agrees to grant the Organizer and its affiliates a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to the trademark, copyright, publicity and database rights, with respect to the Content (as defined below), and the right to create any derivative works that such Participant has in the Content. The Organizer may store or reformat the Content on Alibaba.com and display the Content on Alibaba.com in any way the Organizer may deem appropriate. The Organizer may edit the Content for space or clarity, or use the Content in whole or in part as the Organizer deems appropriate in its sole and absolute discretion; provided, however, that the Organizer will not intentionally misrepresent or misstate the Content. The Organizer is not obligated to submit any advertising and other materials to any winner for approval, or to produce, distribute or utilize any of the rights granted herein.
7.2 Each Participant unconditionally and irrevocably consents and agrees that the Organizer, its employees, contractors or agents have each Participant’s permission and the right to interview, film, photograph, tape, or otherwise make a video reproduction of each Participant, and to record each Participant’s voice on any subsequent promotional event in connection with the Contest and/or the Promotional Events as determined by the Organizer (the "Video Shoot"), and to use, re-use, publish the content of the Video Shoot (in whole or in part) (the "Video Shoot Content"), in any marketing activities, media, marketing channels, and to post, upload, distribute Video Shoot Content on any websites, online platforms, social media sites that the Organizer shall at its sole discretion decide. Each Participant further consents that its name and identity may be used, represented, disclosed or revealed therewith or by any descriptive text or commentary. Each Participant acknowledges and agrees that the aforementioned acts do not and shall not constitute an infringement or lead to an infringement of such Participant’s intellectual property rights.
7.3 Each Participant hereby irrevocably releases and discharges the Organizer, its affiliates, employees, contractors, agents, licensees, successors and assigns from any and all claims, actions, demands, liabilities and damages whatsoever arising out of or in connection with the taking of the Video Shoot, and the use of the Video Shoot Content, each Participant’s identity or likeness. The term of this consent, release and waiver shall continue in perpetuity.
7.4 For the purpose of this Clause 7, “Content” means each Participant’s name, photograph, likeness, biographical data, the story submitted by such Participant for this Contest, and recordings of each Participant’s voice in connection with the Contest and/or the Promotional Events (if applicable), and in connection with the advertising, promotion and the exploitation of the foregoing in any manner, by any method and in any and all media now known or hereafter devised; and any content or media related to or derived from any interview, communication, video shoot, press release, speech, social media posts of the Participant in connection with the Contest and/or the Promotional Events.
8. General Rules:
8.1 By participating in this Contest, you agree to be bound by these Official Rules.
8.2 You represent and warrant that (a) you have all rights to grant the above licenses to the Organizer; (b) any content of the story for the purposes of this Contest, including any script, digital image or other means posted to the designated promotion page, is free from any infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights; and (c) all information and materials provided by you pursuant to this Contest shall be true, accurate and not misleading.
8.3 Any (i) fraud and/or abuse of the offers awarded/ received under the Contest (“Offers”) by you; or (ii) deliberate advertising or marketing of any brands or commercial intention by you via this Contest, as determined by the Organizer at its sole discretion, will result in forfeiture of your eligibility to the Offers and/or cancellation of all or part of your account(s) with the Organizer. The Organizer reserves the right to deduct the value of any Offers awarded inappropriately to you directly from your account(s) with the Organizer without prior notice and/or take legal action in such instances to recover any outstanding amounts.
8.4 By linking and/or providing your bank account details (including but not limited to your full name, your bank name and your bank card number) for the purposes of receiving the Cashback Award, you agree and consent for the release of such information by the Organizer or relevant agents (as appointed by the Organizer) to process any payment in accordance to these Official Rules and the information provided is accurate, complete and up-to-date.
8.5 In the event that the Contest is ceased or suspended by the relevant authorities or due to serious network attack or system fault, the Contest may be terminated prematurely. Such situation shall constitute a force majeure event and the Organizer shall not be liable for any damages or claims that arise out of the event.
8.6 The Organizer is not responsible for any late, lost, delayed, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or otherwise.
8.7 In the event that the Contest becomes inoperable due to any computer network related reasons, you agree that the Organizer shall not be held liable for any damages.
8.8 Time and validity of any transactions and/or your eligibility to the Offers shall be determined by the Organizer at it sole discretion based on the Organizer’s record. If there is any discrepancy between the records of transaction held by you and that held by the Organizer, the Organizer’s record shall be conclusive and binding on you.
8.9 You shall fully compensate, indemnify, defend and hold harmless the Organizer, its affiliates, their successors and permitted assigns, and their respective representatives, from and against any and all liabilities, damages, losses, settlements, penalties, fines, costs and expenses, including, without limitation, reasonable attorneys’ fees, of whatever kind or nature, to the extent arising from any breach of these Official Rules by you or based on any of your negligence or misconduct with respect to these Official Rules.
8.10 The Organizer reserves the right to amend these Official Rules as well as to vary or terminate any of the Offers upon notice. In the event of disputes, the decision of the Organizer shall be final and binding.
8.11 The Organizer reserves the right and absolute discretion to cancel or revoke your right to participate in a Contest or use any Offers, upon discovery of your violation of these Rules or your dishonest, malicious, fraudulent, unlawful or, in the opinion of the Organizer, inappropriate acts in your participation in any Contest.
9. Conflict of Terms and Conditions:
9.1 In case of any discrepancy in the content between the English and other non-English language versions of these Official Rules, the English version shall prevail.
9.2 In the event that any of the terms under these Official Rules conflict with rules and/or any such related information displayed elsewhere on Alibaba.com, the terms under these Official Rules shall prevail.
9.3 Disclaimer: TO THE MAXIMUM EXTENT PERMITTED BY LAW, In no event will the ORGANIZER be liable to YOU for any direct, INDIRECT, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with your participation in this CONTEST AND/OR PROMOTIONAL EVENTS, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not Organizer has been advised of the possibility of such loss or damage.
9.4 Disputes: You acknowledge and agree that the Organizer or any of its affiliates shall not be responsible, and shall have no liability to it or anyone else for any dispute or claim that arises out of the your participation in the Contest.
9.5 Governing Law: You agree that this Contest is governed, interpreted and enforced by the laws of Hong Kong, without regard to its conflict of laws principles. Any and all legal actions, claims or proceedings arising out of, or in connection with this Contest must be brought in a court of competent jurisdiction in Hong Kong.