“Smile, Snap, Win” and “Smile, Snap, Share” Rules, Terms & Conditions
(the “Official Rules”)
These Terms & Conditions apply to the “Smile, Snap, Win” promotional campaign and the “Smile, Snap, Share” promotional game (collectively, the “Promotion”) being run on the platforms and/or portals described in Clause 4 below.
1. The Promotion: During the Promotion Period (as defined under Clause 2 below):
a) “Smile, Snap, Win” promotional campaign: Eligible Members (as defined under Clause 5) who reside in any of the ME Countries (as defined under Clause 6.b)) and set it as the ship-to country, and who satisfy the requirements under Clause 6.c) may participate in the promotional campaign of “Smile, Snap, Win” to receive certain prizes, including a promotional code exclusive to participants of the “Smile, Snap, Win” promotional campaign, which may be used (subject to availability) on the AliExpress Platform (as defined under Clause 4) (such prizes collectively, the “Offers”); and
b) “Smile, Snap, Share” promotional game: Eligible Members (as defined under Clause 5) who reside in a country other than the ME Countries and set it as ship-to country may participate in the promotional game of “Smile, Snap, Share”.
2. Promotion Period: The promotion begins on May 6, 2019 00:00:00 Pacific Time (PST) and shall continue running until May 20, 2019 23:59:59 Pacific Time (PST) (the “Promotion Period”).
3. Promoter: Alibaba.com Singapore E-Commerce Private Limited, a company incorporated in Singapore with registered office address at 10 Collyer Quay # 10-01, Ocean Financial Centre, Singapore 049315 (the “Promoter”).
4. Availability: This Promotion shall be accessible for the duration of the Promotion Period via:
a) the following AliExpress access points (collectively, the “AliExpress Platform”):
i. mobile versions of the AliExpress website (accessible at URL https://www.aliexpress.com) (“AliExpress.com”);
ii. optimized versions of the AliExpress mobile application;
iii. iOS and Android versions of the AliExpress mobile application; and/or
b) the following designated Promotion URL, including where disseminated via electronic mailers, push notifications: https://sale.aliexpress.com/__mobile/fQmdngTJDR_m.htm
(such access points collectively, the “Promotion Portal”).
5. Eligible Member: You must be a registered member on the AliExpress Platform, save that employees, officers and directors of the Promoter and their respective immediate family members, affiliated and subsidiary companies, any company involved in the Promotion, together with their agents are not eligible to enter.
6. Promotion-specific Rules
“Smile, Snap, Win” promotional campaign
a) Eligible Members who reside in any of the countries listed in Clause 6.b) and set it as ship-to country may participate in the promotional campaign of “Smile, Snap, Win” according to the terms under Clause 6.c).
b) “Smile, Snap, Win” countries: Bahrain, Egypt, Kuwait, Lebanon, Oman, Morocco, Saudi Arabia, UAE (collectively, the “ME Countries”).
c) In order to participate in the “Smile, Snap, Win” promotional campaign, Eligible Members who meet the criteria set out in Clause 6.a) must follow the following procedure:
i. Eligible Members will need to take a selfie of him or herself, either alone or in a group, and upload it via the Promotion Portal.
ii. Based on factors such as the number of people in the submitted selfie and the wideness of each individual’s smile, the submitted selfie will be awarded a smile score.
iii. The Eligible Member will then be presented with the option to accept and confirm the accorded smile score, or to play again.
iv. If confirmed by the Eligible Member, the submitted selfie and the accorded smile score will be confirmed and a final version of the selfie together with the according smile score will be generated. This will be regarded as the Eligible Member’s entry in the “Smile, Snap, Win” promotional campaign (each confirmed selfie, an “Entry” and collectively “Entries”).
v. The Eligible Member will then be presented with a standard promotional code exclusive to the “Smile, Snap, Win” promotional campaign, which entitles the Eligible Member utilizing the promotional code to 10USD off any purchase made on the AliExpress Platform with a minimum purchase of 70USD (subject to availability). This promotional code is subject to the following conditions:
1. This promotional code may be used only once by each Eligible Member.
2. This promotional code must be used between May 6, 2019 00:00:00 Pacific Time (PST) until June 4, 2019 23:59:59 Pacific Time (PST) (“Usage Period”).
3. In order to utilize the promotional code, the Eligible Member must key the alphanumerical code at the point of checkout. Subject to availability and satisfaction of the minimum spend requirement, the promotional code will then be activated and 10USD will subsequently be deducted from the total amount payable by the Eligible Member upon checkout.
4. The promotional code is limited to a total of 700 redemptions on a first-come-first-served basis. In other words, once the promotional code has been used by Eligible Members a total of 700 times, the promotional code will no longer be effective and will not be usable by any other Eligible Member.
5. If the promotional code is utilized less than 700 times within the Usage Period, any remaining redemptions that remain unutilized after the Usage period will be forfeited. Once the Usage Period has ended the promotional code will no longer be valid regardless of whether there were any remaining redemptions.
6. [The promotional code will only be usable within the ME Countries and for purchases where the ship-to address is located within any of the ME Countries.]
vi. The Eligible Member may then proceed to share the submitted selfie together with the accorded smile score on various social media platforms, including but not limited to Instagram, Facebook, Twitter and VKontakte.d) Offers in connection with the “Smile, Snap, Win” promotional campaign: In addition to the standard promotional code exclusive to the “Smile, Snap, Win” promotional campaign (as described in Clause 6.c)v), the Promoter will also giveaway two sets of Huawei P30 Pro smartphones to selected Eligible Members who participate in the “Smile, Snap, Win” promotional campaign.
i. For the purposes of determining the Eligible Members who will be entitled to claim the Huawei P30 Pro smartphone, the Promotion Period shall be divided into the following two phases:
1. Phase 1: Beginning on May 6, 2019 00:00:00 Pacific Time (PST) and ending on May 9, 2019 23:59:59 Pacific Time (PST);
2. Phase 2: Beginning on May 10, 2019 00:00:00 Pacific Time (PST) and ending on May 20, 2019 23:59:59 Pacific Time (PST).
ii. One Entry will be selected from a pool of 10 Entries with the highest accorded smile scores out of the total Entries submitted during Phase 1, and a second Entry will be selected from a pool of 10 Entries with the highest accorded smile scores out of the total Entries submitted during Phase 2, and the Eligible Members who submitted those two selected Entries (each a “Winner”) shall be entitled to claim one Huawei P30 Pro smartphone set each.
iii. The selection described under Clause 6.d)ii above shall be determined by the Promoter in its sole and absolute discretion on the basis of the following assessment criteria:
1. The accorded smile scores of each Entry, in that the Winners will be chosen from a pool made up only of the Entries with the top 10 highest accorded smile scores for each phase;
2. The number of times each Entry was shared on social media platforms; and
3. The presence of distinctive and/or creative elements, poses and/or expressions in each Entry.
iv. The Winners shall be announced (i) publicly via an Instagram post on the official AliExpress Arab Instagram page (accessible through the Instagram handle @aliexpressme); and (ii) by private e-mail notification sent directly to the Winners only, at the following dates and times:
1. For Entries submitted during Phase 1, the Winner will be announced on May 10, 2019 no later than 23:59:59; and
2. For Entries submitted during Phase 2, the Winner will be announced on May 21, 2019 no later than 23:59:59.
v. Upon receiving the notification e-mail described in Clause 6.d)iv(ii), each Winner must send an e-mail confirmation to the designated contact e-mail address identified in the notification e-mail, confirming the Winner’s shipping address within 48 hours of receiving the notification e-mail. A failure to do so will result in an immediate forfeiture of his/her entitlement to claim the Huawei P30 Pro set.“Smile, Snap, Share” promotional game
e) Eligible Members who reside in a country other than the ME Countries and set it as ship-to country may participate in the promotional game of “Smile, Snap, Share” according to the terms under Clause 6.f).
f) In order to participate in the “Smile, Snap, Share” promotional game, Eligible Members who meet the criteria set out in Clause 6.e) must follow the following procedure:
i. Eligible Members will need to take a selfie of him or herself, either alone or in a group, and upload it Promotion Portal.
ii. Based on factors such as the number of people in the submitted selfie and the wideness of each individual’s smile, the submitted selfie will be awarded a smile score.
iii. The Eligible Member will then be presented with the option to accept and confirm the accorded smile score, or to play again.
iv. If confirmed by the Eligible Member, the submitted selfie and the accorded smile score will be confirmed and a final version of the selfie together with the according smile score will be generated.
v. The Eligible Member may then proceed to share the confirmed selfie together with the accorded smile score on various social media platforms, including but not limited to Instagram, Facebook, Twitter and VKontakte.
7. User submitted content: By participating in the Promotion and/or otherwise submitting, uploading or publishing any image or picture or other content via the Promotional Portal in connection with the Promotion, including but not limited to the selfies submitted in accordance with Clause 6 (such image, picture or other content, collectively the “Content”):
a) you acknowledge that the Promoter and all other related entities within the Alibaba Group neither endorse nor assume any responsibility for any Content submitted, uploaded or published by you or on your behalf, and you agree to take sole responsibility for such Content;
b) you acknowledge and agree that any risk of misunderstanding, error, loss, damage, claims, costs or expenses resulting from your participation in the Promotion and/or your submission, uploading, publishing and/or sharing to any third party portals or platforms (including but not limited to Instagram, Facebook, Twitter and VKontakte) of any Content is entirely at your own risk and that the Promoter and all other related entities within the Alibaba Group shall not be liable therefor;
c) you hereby agree to grant to the Promoter and all other related entities within the Alibaba Group a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) license to all present and future rights, title and interest in all intellectual property that you have in the Content to use, display or publish the Content on AliExpress;
d) you irrevocably and unconditionally waive any moral and similar rights vested in your Content to the extent legally permissible; and
e) you represent and warrant that all Content submitted, uploaded or otherwise published, and/or all such Content which is subsequently shared by you on any third party portals or platforms (including but not limited to Instagram, Facebook, Twitter and VKontakte):
i. does not infringe any legitimate rights of any third party, including but not limited to copyright, patent, trademarks, trade secret, or other proprietary right or rights of publicity and privacy;
ii. does not contain any text, video clip, data, or image that is defamatory, libelous, unlawfully threatening or unlawfully harassing;
iii. does not contain information that is obscene or contains or infers any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
iv. does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
v. does not contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
vi. does not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
vii. does not link directly or indirectly to or include descriptions of goods or services or other materials that violate any law or regulation or are prohibited under any rules and policies of AliExpress;
viii. does not contain any fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material;
ix. is not unlawful and does not infringe any applicable laws or regulations;
x. does not include images of persons other than yourself, unless you have obtained the prior consent of such persons to collect, use and disclose their personal information and image in connection with the Promotion;
xi. does not implicate any actual or potential immoral, criminal or terrorist activity; or
xii. does not contain any material that a reasonable person would find offensive (which shall be determinable by AliExpress in its sole and absolute discretion of AliExpress).8. General Rules:
a) By participating in this Promotion, you represent and warrant that you are 18 years of age or older, and that you have obtained all necessary third party consents (including any consents required under data protection laws and regulations), approvals or permits required to participate in the Promotion;
b) By participating in this Promotion, you agree to be bound by these Official Rules as well as all applicable rules, policies and agreements of the AliExpress Platform in respect of your access to and/or use of the AliExpress Platform and the services therein, and your participation in the Promotion.
c) Any fraud and/or abuse of the Offers by you (as determined by the Promoter at its sole discretion) will result in forfeiture of your eligibility to claim or otherwise receive any of the Offers and/or cancellation of all or part of your account(s) on the AliExpress Platform and/or with the Promoter. The Promoter reserves the right to deduct the value of any Offers awarded wrongfully or inappropriately to you directly from your account(s) with the Promoter without prior notice and/or to take legal action in such instances to recover any outstanding amounts.
d) In the event that the Promotion is ceased or suspended by the relevant authorities or due to serious network attack or system fault, the Promotion may be terminated prematurely. Such situation shall constitute a force majeure event and the Promoter shall not be liable for any damages or claims that arise out of the event.
e) The Promoter is not responsible for any late, lost, delayed, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or otherwise.
f) In the event that the Promotion becomes inoperable due to any computer network related reasons, you agree that the Promoter shall not be held liable for any damages.
g) Time and validity of any transactions and/or your eligibility to the Offers shall be determined by the Promoter at it sole discretion based on the Promoter’s record. If there is any discrepancy between the record of transaction held by you and that held by the Promoter, the Promoter’s record shall be conclusive and binding upon you.
h) The Promoter reserves the right to amend these Official Rules as well as to vary or terminate any of the Offers without prior notice. In the event of disputes, the decision of the Promoter shall be final and binding.
i) The Promoter reserves the right and absolute discretion to cancel or revoke your right to participate in the Promotion or use any Offers, upon discovery of your violation of these Rules or your dishonest, malicious, fraudulent, unlawful or, in the opinion of the Promoter, inappropriate acts in your participation in any Promotion.
9. Conflict of Terms and Conditions:
a) 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.
b) In the event that any of the terms under these Official Rules conflict with rules and/or any such related information displayed elsewhere on AliExpress.com, the terms under these Official Rules shall prevail.
10. Disclaimer: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE PROMOTER 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 PROMOTION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
11. Disputes: You acknowledge and agree that the Promoter 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 Promotion.
12. Governing Law: You agree that this Promotion 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 Promotion must be brought in a court of competent jurisdiction in Hong Kong.