THE MONTBLANC WORLDSECOND COMPETITION

Terms and Conditions


Montblanc is happy to announce the creation of a competition celebrating the theme of capturing moments of visual creativity in a series of split-seconds around the world (hereafter the “Competition”). The Competition is to commence on November, 1st, 2012 and shall end on December 31st, 2012 (hereafter the “Term”).

This competition features two different contests. In the first contest, Participants will submit a single-image digital photograph (the “WorldSecond Photo”) created by each Participant solely through use of the Montblanc WorldSecond Application (hereafter “ Application”). Participants will be able to submit up to sixty (60) Images during the Term (hereafter the “First Contest ”).

In the second contest, Participants will be able to celebrate the entire panoply of digital imagery being created through use of the Application through creating and submitting a compilation of up to twenty-four (24) of the WorldSecond Photos that have been published in order to form a creative gallery of these images (hereafter the “WorldSecond Gallery”). Each Participant is allowed to submit as many Galleries as he/she wishes, each of which may consist of no more than twenty-four (24) Images (hereafter the “Second Contest”).

Montblanc will provide a total of sixty (60) “WorldSecond” image-taking opportunities through its Application during the Term. Thus, Participants will have sixty (60) opportunities to create their own striking images through use of the Application.

From all of the WorldSecond Photos uploaded by Participants, one (1) WorldSecond Photo shall be selected by Montblanc as a winner of the First Contest. This winner shall receive a Montblanc TimeWalker TwinFly Chronograph.

Montblanc shall also select one WorldSecond Gallery as the “best” in creativity to be the winner of the Second Contest. This winner shall receive a Montblanc TimeWalker ChronoVoyager UTC.

The selection process by Montblanc for both the First and Second Contests shall take place in early 2013.

In order to enter the Competition and view submissions by Participants, Participants must do so online at http://www.worldsecond.montblanc.com.

Montblanc requires that prior to participating in the Competition each Participant read and understand these Competition Terms and Conditions (hereafter the “Rules”), which are available in English only. Each Participant must then agree to the Competition Rules by ticking on the “ I accept” icon provided by Montblanc to Participants in the registration process.

How to Play

In order to enter the Competition each Participant must first register for the Competition and then must agree to accept these Rules of the Competition by clicking the tick box found next to the link for these Rules. Once the Participant has registered for the Competition, he/she may then participate in the Competition by downloading and then using the Application in conjunction with this Competition.

During the Competition, Montblanc shall provide sixty (60) notifications to Participants alerting them that the time for participating in the Competition via the Application is imminent. In other words, Montblanc shall generate and send to each user of the Application a notification that the Application will be creating a “world-wide”, synchronized “picture taking” moment, implemented through use of the Application, imminently.

Each Participant may then, if they so wish, use the Application to create a digital image with the cameras of their digital mobile devices at the precise moment synchronically dictated by the Application on a global scale (i.e. WorldSecond Photo).

For each of the sixty (60) promptings, Participants may decide to accept and thus participate in the synchronized picture-taking moment by clicking the “Register” button. A digital version of a clock will then appear on the screen of the Participant’s digital mobile device – thus providing a sixty (60) second countdown before the activation of the camera shutter of said device by the Application. Participants shall also be presented with a tab asking whether the Participant agrees to the tracking of his/her location at the time of the image capturing. With the Participant’s consent, this information will then be linked to the particular WorldSecond Photo captured by the Application at that particular prompting.

Apart from two functions, namely, the flash and camera settings, the Application will lock all other functions on the camera of the Participant’s digital mobile device during its activation of said camera and the subsequent creation of the WorldSecond Photo.

Once the WorldSecond Photo has been digitally captured, the Application displays it to the Participant for their review. Different filters are also made available to the Participant by the Application. The Participant may also include a comment with his/her WorldSecond Photo and will also have the option to delete the WorldSecond Photo in question by clicking the “X” icon before deciding whether to upload it to the Competition website. Otherwise, the WorldSecond Photo will be uploaded automatically uploaded on the Competition website and through the Application accordingly.

Please note - when uploading any WorldSecond Photo to the internet, certain costs may apply to the user depending on the user’s provider and the country/jurisdiction in which the user is located. Montblanc shall not be responsible for these costs.

In addition, when using the Application, Participants may use the “Explore” tab, located on the left-hand side, to review one’s own WorldSecond Photos and those of other Participants via different categories including “time zones” (24 time zones are available).

With this tab, Participants will be able to explore all WorldSecond Photos that have been uploaded and may do their exploration via different categories, e.g. “Tag”, “Cities”, “Countries” and “Places”. Participants will then be allowed to click/drag specific WorldSecond Photos of interest to them in order to create their own groupings of WorldSecond Photos (i.e. a “Gallery”). These Galleries may only be constructed on the website for the WorldSecond Competition

Once a “Gallery” has been created on the Competition website, the Application will generate a link for the Gallery thereby allowing Participants to share their Galleries for exploration/view by other Participants.

Montblanc will be reviewing the uploaded WorldSecond Photos and Galleries during the Term of the Competition. Then around 15th January, 2013, after a jury’s deliberation they shall select the most creative WorldSecond Photo and Gallery from among all of those submitted with aim of rewarding this creativity with the prizes noted earlier.

PARTICIPATION RULES

  1. These Participation Rules (“Rules”) apply to the Montblanc WorldSecond competition (“the Competition ”). By entering the Competition, entrants expressly agree to be bound by these Rules. However, this Competition shall be void where prohibited by local law.
  2. The Competition is promoted and organised by Montblanc-Simplo, GmbH, located at 100 Hellgrundweg, Hamburg, Germany (hereinafter referred to as “Montblanc”).
  3. The submission portion of the Competition is playable from November 1st, 2012 until December 31st, 2012 and each Participant will participate in the Competition via the following website address: www.worldsecond.montblanc.com.
  4. These Rules are only available in English and are displayed on the Competition web page at www.worldsecond.montblanc.com. If you do not understand the Rules then you should not participate.
  5. Montblanc reserves the right to cancel the Competition and/or change the Rules at any time without prior notice to Participants. Any changes will be posted on the Montblanc website at www. www.worldsecond.montblanc.com.

Qualifying Entrants

6. The Competition is NOT open to minors and to qualify to enter the Competition you must be of legal age (for example, over 18 in most European countries). Montblanc assumes that by using the Competition web site and entering the Competition you warrant that you have the legal capacity to enter the Competition and accept the Rules (i.e. that you are of sufficient age and mental capacity and are entitled to be legally bound in contract).

7. The Competition is open to all individuals other than as noted in (6) above.

8. Employees and immediate family members of employees Montblanc and their associated companies, professional advisors, advertising and promotional agencies connected with the creation or administration of the Competition are not eligible to take part in the Competition. Montblanc reserves the right to verify the eligibility of all Participants.

9. There is no purchase requirement to participate in the Competition and there is no charge to register for use of the Montblanc Competition web site (www.worldsecond.montblanc.com) other than the usual Internet connection charges payable to your service provider and/or telephone company or the cost of postage if the Competition form is sent by post.

10. By participating in the Competition you hereby warrant that all personal details submitted by you are true, current and complete and that the e-mail addresses you submit are accurate and valid.

11. Montblanc reserves the right to disqualify any Participant if it has reasonable grounds to believe the Participant has breached any of these Rules.

12. In the event of the Competition being regarded as illegal in the country of a Participant, the latter must refrain from participating.

The Competition – Submissions

13. The Competition submission period begins on November 1st, 2012, 14:16:01 (GMT) and ends on December 31st, 2012, 11:00:00 GMT,. The computer clock of Montblanc shall be the official time keeping device for the Competition.

14. Each Participant will participate in the Competition via the website address: www.worldsecond.montblanc.com .

15. All WorldSecond Photos and WorldSecond Galleries submitted to the Competition online must be received by Montblanc before January 1st, 2013, 23:59:00 GMT, as per the official computer clock of Montblanc. Submissions after this time and date will be ignored.

16. Montblanc cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission or mail delivery, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside its control.

17. Each Participant for the First Contest must register for the Competition’s First Contest in order to submit a WorldSecond Photo.

18. Each Participant in the First Contest must submit a WorldSecond Photo (up to sixty (60) submissions are allowed per Participant) with each WorldSecond Photo to consist of a digital image captured and created solely through use of the Montblanc WorldSecond Application with the understanding that Montblanc reserves the right to reject any WorldSecond Photo that does not meet the Guidelines noted below.

19. The winning WorldSecond Photo for the First Contest will be selected by a jury comprised of members from Montblanc’s creative agency and from Montblanc itself. The winner of the First Contest will be announced around January 15th, 2013.


20. Each Participant in the Second Contest may create and submit as many WorldSecond Galleries as they so wish with each WorldSecond Gallery to be comprised solely of WorldSecond Photos published on the Competition website. Galleries can be changed or deleted at any time by the Participants who created them.

21. The winning WorldSecond Gallery for the Second Contest will be selected by a jury comprised of members from Montblanc’s own creative agency and from Montblanc itself. The criteria to be used in selecting the winning WorldSecond Gallery shall consist of creativity. The winner of the Second Contest will be announced around January 15th, 2013.

22. In order to enter the Competition, Participants will need to provide their full name, email address, and must accept/agree to these Terms and Conditions. Participants who use Facebook to upload their WorldSecond Photos for the Competition do not need to provide the aforesaid information, as this is captured during the login process with Facebook.

23. Acceptable Use Policy Guidelines WorldSecond Photos - for use in connection with publication /sharing of WorldSecond Photos created through use of the Montblanc WorldSecond Application for the Competition.

In order to participate in the Competition, Participants must follow the rules below before and in connection with the publishing/sharing their WorldSecond Photos and/or Galleries:

Montblanc reserves the right to remove any WorldSecond Photos and Galleries that violate and/or does not comply with the guidelines noted above and shall exclude any Participants who submit WorldSecond Photos and/or Galleries that violate the above guidelines from participating in the Competition.

Any Participants submitting/publishing a WorldSecond Photo and/or Gallery that violates the above Acceptable Use Policy Guidelines hereby agrees to indemnify, defend and hold harmless Montblanc, its officers, directors, and employees regarding any liability that may arise out of any lawsuit, legal proceeding, action, claim or demand based upon said WorldSecond Photo and/or Gallery

WorldSecond Photos and Galleries will not be returned to Participants and by submitting a WorldSecond Photo and/or Gallery Participants expressly authorise Montblanc to reproduce, display and more generally use the WorldSecond Photos and/or Gallery and portions thereof, both on and off-line, on Montblanc’s official website and other websites on which it communicates and in any publications, whether they be on or off line, it may at any time choose to produce without restriction or limitation.

Any cause of action a user may have with respect to the Montblanc WorldSecond Application must be commenced within two years after the claim or cause of action arises. These Conditions will be governed by and construed in accordance with the laws of Germany without regard to its conflicts of law provisions. All disputes will be submitted to the exclusive jurisdiction of the competent courts of Hamburg, Germany

Prizes

24. A jury comprised of members of Montblanc’s own creative agency and select Montblanc employees will select the winning WorldSecond Photo for the First Contest which will be announced around January 15th 2013.

25. The Winner of the First Contest will receive a Montblanc TimeWalker TwinFly Chronograph. Anything not specifically included in the aforementioned above is not included in this Prize for the First Contest.

26. The Winner of the Second Contest will receive a Montblanc TimeWalker ChronoVoyager UTC. Montblanc will announce the Second Contest Winner around January 15th , 2013. Anything not specifically included in the aforementioned is not included in this Prize for the Second Contest.

27. If the Winners of the First and Second Contests have been notified of their winning status and have not contacted Montblanc by ten (10) days with necessary information for the physical transferral of the prizes, then said prizes are forfeited by the Winners.

28. The prizes are personally attributed and not transferable. There is no cash alternative for the prizes. The prizes are awarded at Montblanc's entire discretion and no prize will be awarded as a result of improper actions by or on behalf of any Participant.

29. In their capacity as winners of the Competition, the Winners of the First and Second Contests (hereafter the “Winners”) expressly agree to make themselves available to participate in any event organised around the presentation of the prizes, in particular to being filmed, interviewed and photographed. The Winners also expressly agree that all recordings and photographs taken of them, as well as their names and/or pseudonyms and their countries of residence may be used by Montblanc on different media supports for communication and marketing purposes in relation to Montblanc as noted below.

Liability

30. Montblanc does not accept liability for any damage, loss, pain or suffering incurred by any Participant entering the Competition. Montblanc is not responsible for any problems with local postal services or technical faults, be they in networks or telephone lines, computer systems, servers or suppliers, mobile telephones or computer equipment or software failing of any email system or entry form received due to technical problems or to congestion related to the Internet, telephone lines or any website, or any combination thereof, including any damage or prejudice to the Participant’s telephone computer or to any other person or mobile linked with or related to participation in or downloading of material on Montblanc’s internet site, be it related to the Competition or not.

Data Protection and Publicity

31. Montblanc reserves the right to use and the Winners expressly agree that Montblanc may use the names and/or pseudonyms of the Winners, their countries of residence and/or all digital recordings and/or photographs taken of the Winners at any and all events that may be organised at the discretion of Montblanc. This use may include the Internet, such as Montblanc's website, its social network pages including Facebook, Twitter, YouTube etc. and all advertising and publicity collateral.

32. The Winners grant Montblanc, non-exclusive rights of use and dissemination free of charge including the right, if necessary to reproduce their picture, voices or any other attributes of their personalities as they appear in any film, photograph, etc. taken at any event that may be organised at the discretion of Montblanc.

33. Other than as is required for the Competition and as stated in these Rules, any personal data relating to entrants will be used solely in accordance with our Privacy Policy.

Montblanc does not collect personal information through the Montblanc WorldSecond Competition other than the personal information entered by each user, as noted in the registration form for the Competition

The personal information of Participants made available by Participants through the registration process for the Montblanc WorldSecond Competition is intended only for general information purposes for the smooth operation of the Competition and for facilitating the transmission of the prizes to winners of the First and Second Contests..

Applicable law

34. In the event of any dispute regarding the Rules, conduct, results and all other matters relating to the Competition, Montblanc's decision shall be final and no correspondence or discussion shall be entered into.

35. For all other matters the Rules shall be governed and construed in accordance with German law. Disputes arising in connection with these Rules shall be subject to the exclusive jurisdiction of the competent German courts.