Terms and Conditions for #MBSocialCar Vietnam

 

Terms and Conditions for #MBSocialCar Vietnam

 

#MBSocialCar Vietnam is a program (referred to as Program, or #MBSocialCar) organized by
Mercedes-Benz Vietnam (referred to as MBV) with the aim of creating a playground for individuals who are passionate about photography, adventure and creativity. After the application round, MBV will select an appropriate participant for the month's program (referred to as Selected participant). Selected participant can design and propose trip details for up to 7 days in the vehicle provided by MBV. Participants will take photos and/or film their journey with the Mercedes during the trip and provide these photos and/or movies to MBV after the trip ends. Those works will be shared on official Mercedes-Benz media channels and cites the author's source.

 

I. REGULATIONS

 

A. Eligibility

This program opens for Vietnames citizens aged full 18 years can register to participate in the Program, except MBV employees, MBV authorized dealers, companies and partners related to MBV's advertising activities.

 

B. Procedure

1. Individuals must join the Facebook group #MBSocialCar Vietnam
(https://www.facebook.com/groups/mbsocialcarvietnam/) created by MBV. MBV will only disseminate campaign news and information to group members exclusively via the aforementioned closed Facebook group.

2. Group members who would participate in the campaign must submit at least 10 samples of their photograph (portfolio) via email vn_marketing@daimler.com for consideration and select the Selected participant.

3. Based on the submitted portfolios, the Organizers will review and select an individual whose style matches the campaign criteria.

4. The Selected participant shall provide MBV and the organizational partners appointed by MBV (referred to as the Organizers) the following documents.

· A copy of the national ID card (and the driver if the participant does not drive)

· A copy of the driver’s license with at least one year of validity

5. The Organizers will check and review the validity of the above documents to ensure that the use of the Selected participant's license is in accordance with the law. If the Selected participant does not provide sufficient documentation and information within the allotted time, the Organizers reserve the right to cancel the Selected participant’s right to participate the program.

6. The Selected participant will develop and propose a schedule for the #MBSocialCar trip and direction of photos to be taken during the trip (“Proposal”) including:

· Theme ideas (including color, style of the set), and examples of specific camera angles, the more detailed the better

· Time duration (number of days)

· Place

· Companion (if any)

· Tools and equipment to be used

7. After agreeing on the Proposal and after the Selected participant provides all valid information and documents as specified in Step 4, the Organizers will announce the time of deliver and return of the vehicle provided by MBV. In the event that the Selected participant cannot arrange on the time specified by the Organizers, the Selected participant obliges to propose another time to the Organizers to review and make decision. The Organizers have
the right to make the final decision on when to deliver the vehicle.

8. The Selected participant will pick up the car at the location and time, which is announced by the Organizers. In the event that the Selected participant does not directly drive the vehicle, the Selected participant must be present at the time of receiving with the driver as well as check and confirm the vehicle handover record. The Selected participant acknowledges and agrees that the Selected participant, the driver, and the accompanying person (if any) are obligated to strictly comply with the special regulations on vehicle use provided by MBV as recorded in Section III (Terms and Conditions) below.

9. In the event that the Selected participant does not pick up the vehicle without any notice to the Organizers, the Organizers reserves the right to cancel the trip and not incur any liability to the Selected participant (including expenses that the Selected participant has prepared for the trip). On the contrary, the Selected participant must compensate MBV and related parties for damages incurred by the parties due to unforeseen travel (including but not limited to trademark damages and expenses fees for vehicle preparation…).

10. The Selected participant is obliged to return the car at the place and time as specified in the notice of the Organizers. The return of the vehicle must be checked and verified by the representatives of the parties. In the event that the Selected participant does not directly drive the vehicle, the Selected participant must be present at the time of returning the vehicle with the driver as well as check and confirm the vehicle handover record.

11. In the event that the Selected participant returns the vehicle later than specified without notice and/or without reason approved by the Organziers, the Selected participant acknowledges and agrees that the fine is equivalent VND 10,000,000 will be applied for each day that the vehicle is delayed for handover from the designated date of return until the date the vehicle is returned in good condition; At the same time, the Selected participant must reimburse MBV for all damages and losses caused by this delay.

12. The Selected participant must submit the minimum 20 finished photographs in a readily usable, high-resolution file format specified by MBV within seven (7) days via email vn_marketing@daimler.com after they have returned the vehicle.

 

C. Support from the Organizers:

The Selected participant can claim costs for fuel, highway tolls, parking and hotels up to VNĐ 10.000.000 throughout the campaign only, with hotel cost not exceeding VNĐ 2,000,000/ Night. Before the trip, the Selected participant must provide the total estimated cost to the Organziers to consider. The Organizers will check and make a decision on payment of reasonable expenses. The decision of the Organizers is the final one.

 

II. TERMS AND CONDITIONS

A. General Terms

1. Joining to the close Facebook group and participation in the campaign are entirely free of charge. MBV offers no compensation (liability) for members of the group who are not selected to participate in the campaign.

2. Participants must agree and adhere to all terms and conditions set forth by MBV to participate in the campaign.

3. Participants agree to “Like” the MBV Facebook page (https://www.facebook.com/MercedesBenzVietNam)
and follow the Mercedes-Benz Vietnam Instagram account (https://www.instagram.com/mercedesbenz.vietnam).

4. The selected participant may use whichever type of camera for this campaign, and may adjust the image’s saturation and brightness, as well as employ other suitable creative tools.

 

B. About using the car

1. For a maximum of seven (7) days, the Selected participant may use the vehicle provided by MBV to produce #MBSocialCar photo set. MBV will announce the maximum time a Selected participant can use the vehicle per #MBSocialCar program. MBV will make a final determination on the actual time at which a Selected participant may use the vehicle based on the vehicle's availability and the Selected participant's recommendation.

2. The Selected participant and their companions, including the driver in the event that the Selected participant does not directly drive, must strictly comply with other conditions and terms of using the vehicle provided by MBV:

· Be liable for all the expenses for using the Vehicle, including gasoline, toll fees, repair and preservation cost and other costs;

· To ensure that the driver has proper licenses and required documents for driving the vehicle. In case of non-compliance with this provision, the selected person shall be liable for all penalties imposed by authority and damages caused to the vehicle;

· To keep the Vehicle (including its spare parts components and accessories) in good conditions in accordance with the status quo at the handover. The changes and alterations to the vehicle without prior written consent by MBV are not allowed. The Selected Person is liable for all compensation related to any loss, damage caused to the Vehicle due to theft
or changes, alterations made by Selected Person and their team during the term of Vehicle usage;

· To ensure that the Vehicle provided by MBV shall be used for the purposes of #MBSocialcar program stipulated herein. Car hiring, off-road driving, racing and any illegal purposes are strictly prohibited.

· During the term of usage, Selected participant shall notify the executive board and MBV immediately of any accident or damage caused by or to the Vehicle. Furthermore, Selected Person will assist MBV in the insurance claim for such losses, damages upon requested by MBV or/and MBV’s Insurance Company. If the Vehicle is not covered by insurance or the Insurance Company refuses MBV’s claim letter (either a part of or all MBV’s request in
claim letter), Selected Person will be liable for all costs of repairing the Vehicle and indemnify MBV and/or any third party for all losses, damages of property and injury/death and settlement expenses arising out of the violation of this Program or/and laws by Selected Person and its team;

· To ensure that Selected Person and its team shall comply with the respective laws during the management and use of the Vehicle. The Selected Person shall be liable for any penalties or administrative sanctions imposed by Vietnamese authorities due to any violation of Vietnamese laws with respect to the use and operation of the Vehicle. And the Selected Person shall keep MBV harmless against from any liability or legal proceeding or claim from any third party in connection with such illegal acts made by Selected Person and its team.

· In case the Vehicle is condemned by the competent Vietnamese authorities for any illegal traffic acts of Selected participant and its team, Selected participant shall immediately notify the Organizers and MBV and take all steps under the laws to reclaim the Vehicle in
accordance with the status quo at the handover;

In addition, after receiving MBV’s request, the Selected participant must pay all the below costs for MBV:

· The compensation for all losses and damages during car condemnation period. In case the car is condemned, the compensation covers all the price of the Vehicle(s) based on the pricelist announced by MBV at the moment.

· The condemnation costs charged by authorities corresponding the condemnation time;

· The fixing costs paid by MBV after the Vehicle(s) is/are released;

· A penalty equivalent to the rental fee per day announced by MBV corresponding to the time the Vehicle(s) is/are condemned.

· Legal fee paid by MBV to complete the procedure for receiving the Vehicle(s); and

· The costs for hiring lawyers or legal agents to assist MBV in the procedure calculating and requesting the compensation from Supplier for damages, losses which MBV suffered from the breach of the P.O or/and other violations committed by Supplier during the management and use of the Vehicle(s).

 

C. Information security

1. The Selected participant and the accompanying people acknowledge and agree that
the Organizers and/or other related parties are entitled to collect, use, transfer, and analyze their personal information for the section of #MBSocialCar program.

2. The name of the Selected participant will be made public with their photos or videos through MBV's social media for the purpose of honor.

3. Information announced/provided by MBV in the Facebook group #MBSocialCar Vietnam will not be disclosed in any way.

4. The Selected participant and the accompanying people are obliged to keep confidential MBV's commercial and technical information collected by the Selected participant or provided by the Organizers, during the process of participating in the program # MBSocialCar.

 

D. Regarding the image

1. About the Portfolio: The Selected participant warrants and undertakes that all images in the Porfolio are taken by the Selected participant, having full ownership and use of the Selected participant, without infringement of intellectual property rights, copyright or being contested by a third party. In the event of a breach, the Selected participant understands that the right to participate in the #MBSocialCar program will be canceled with immediate effect.

2. About the Proposal: The Selected participant acknowledges and warrants that the Proposal will not infringe the copyrights, ideas or intellectual property rights of any third party. All information exchanged in the process of developing and agreeing on the Proposal will be owned and used by MBV after the trip ends.

3. About the final photos:

· The Selected participant shall be able to certify that they have solely created every submission themselves; that their submissions have not, in any capacity, infringed upon or violated the copyright, trademark, moral value, privacy, or intellectual property of a person or juristic person; and that no entity shall be able to claim damages from the company as a result of such a violation. In case of violation, MBV reserves the right to remove the selected participant from the campaign and will not be responsible for any costs or other damages
incurred by that individual. At the same time, MBV has the right to request selected participant to compensate for damages suffered by MBV from the above violation, including damages in terms of trademarks. MBV is also excluded by Selected participant before any complaints related to violation of individual attendees.

· Photos and videos taken during the trip are owned by MBV. The Selected partcipant agrees to sign the Transfer of Ownership Agreement which allows MBV to promote their photos as part of the #MBSocialCar program. The Selected participant acknowledges, agrees, and
undertakes that the copyrights of all photos taken in the #MBSocialCar program will belong to MBV. Mercedes-Benz worldwide also reserves the right to use images of the Selected participant for the purposes of advertising in multiple media. The photographers' author names will be recorded on the photo or image attachment.

· The Selected participant will re-share the photos taken during the #MBSocialCar trip posted by MBV on his personal social network, and have the right to share his experiences (but not including confidential information). The Selected participant understands that the upload, use, transfer of photos taken during the #MBSocialCar trip for other purposes is not allowed,
MBV reserves the right to sue, claim against any breach of stated obligations.