1. When you enter and participate in the “Be There With Hyundai” (the "Contest"), you accept that you participate in the Contest in accordance with these terms and conditions (the "Terms and Conditions"), the Rules of the Contest (the "Rules") any other materials relating to the Contest published on FIFA's official website (the "Website") including without limitation the list of the prizes, and/or any instructions by Fédération Internationale de Football Association ("FIFA"). The contest is organised by the Fédération Internationale de Football Association (FIFA), FIFA-Strasse 20, P.O. Box, 8044 Zurich, Switzerland.
2. Every application to participate in the Contest must be made by a natural person (the "Participant" or the "Participants") on the official electronic application form. Applications must adhere to the required format. Entry and participation is free of charge.
3. Each Participant must ensure that his or her participation in the Contest is lawful in accordance with the laws of Switzerland and of the country of which he or she is a citizen and/or resides, and/or happens to be at the time the entry is made. FIFA shall not be taken to make any representations, express or implied, as to the lawfulness of any Participant’s participation, or as to any other aspect of the Contest.
5. By submitting your application, you hereby warrant that all information submitted by you is true, current and complete and you acknowledge and agree to these Terms and Conditions. FIFA reserves the right to disqualify Participants who provide false data.
6. Only one (1) application will be accepted per person.
7. Participants under 18 years of age or not of full legal age (a "Minor") must seek parental permission before applying and participating in the Contest and adhering to the Terms and Conditions. In the event a Minor wins a prize, the Minor’s participation in the Contest has to be confirmed and the prize has to be accepted by his/her parent or legal guardian. FIFA has the right in its sole discretion to amend or not to allocate a prize won by a Minor. In any event, as per Term 2, the Contest is only open to Participants aged fourteen (14) years of age or older as at the date of entry into the Contest.
8. The computer record of the application will be considered as being the formal application. Any application not adhering to the above format, incorrect applications or incomplete applications will be deemed invalid. FIFA is not responsible for application information, or results lost or delayed in the course of transmission. All applications must be received prior to the deadlines as provided in the Rules.
9. FIFA reserves the right to refuse to accept application names that are considered by FIFA in its sole discretion to be inappropriate or offensive. Unsuitable names will be deleted and the application will appear under a default name chosen by FIFA. Please bear this in mind when you choose the name for your application.
10. By making a submission to the Contest you hereby irrevocably and unconditionally assign to FIFA, free of charge and with full title guarantee, all legal and beneficial right, title and interest in, and to, any and all intellectual property rights in your submission for the full term of copyright including all renewals, reversions and extensions thereof and thereafter in perpetuity. In the case of copyright of any works yet to be created, such assignment shall be by way of a present assignment of future copyright. You further agree to waive all so called “moral rights” in relation to your submission. Without limitation to FIFA’s rights, you specifically acknowledge that FIFA shall be entitled to use your submissions on the team buses of the participating teams and event vehicles at the 2014 FIFA World Cup Brazil™ and in documentation and surrounding advertising of such use.
11. In order that FIFA can use your submission, you warrant that your contribution is your own original work, is not defamatory and does not infringe any Swiss laws or Brazilian Laws and that you have the right to give FIFA permission to use it.
12. FIFA shall be entitled to freely assign, sublicense or deal with any submission in its absolute discretion.
13. All winners will be notified by e-mail (in the event that FIFA is not able to contact the winner by email FIFA shall be entitled to select an alternative Participant). Please refer to the Rules of the Contest for further information on winners criteria. No interest will be paid on any prize. Prizes may not be transferred without the prior written consent of FIFA. Participants cannot request a cash alternative or substitution of the prize. FIFA, at its sole discretion, reserves the right to substitute a prize of greater or equal value in particular if any prize cannot be awarded as described due to unavailability.
14. Prizes referred to on the Contest website will only be attributed to Participants with legal residence/domicile in the following territories (the "Territory"): all countries whose football national association is a member of FIFA. These countries are listed on the Website.
15. A list of prizes is available on the Contest Website located atwww.fifa.com/bethere . Any prizes pictured in Contest materials are for illustration purposes only. Actual prizes may vary from any pictured prize. FIFA shall not be responsible for any costs or expenses not expressly mentioned in the Prize section. FIFA reserves the right to make, at its sole discretion, changes to the list of prizes.
16. In the event that a prize in the Contest involves a trip to the 2014 FIFA World Cup Brazil™ Participants acknowledge that, should they win such prize, any and all ticketing/accreditation provisions applicable to such an event shall apply. Participants (and any guest where applicable) are solely responsible for fully complying with such provisions and must meet at all times all criteria contained in such provisions or risk forfeiture of the prize. Unless otherwise explicitly notified by FIFA, the winners of such a prize are solely responsible for any and all ancillary expenses related to, or associated with, such prize, including (without limitation) insurance, visa charges and taxes, travel to and from the airport both in Brazil and the country of departure, spending money, meals, hotel incidentals (e.g phone, laundry, mini bar). The winners and where applicable any guest waive any and all claims (if any) for relief (including restitution) against FIFA, its bodies, officers, agents, employees, volunteers, sponsors and any other entity or person acting on their behalf should the purpose of such ancillary expenses be or become in whole or in part frustrated for any reason whatsoever (e.g., the event cannot, for whatever reason, be carried out as scheduled or winners are prohibited from attending a specific event/football match, for whatever reason). No insurance (e.g. accident, travel, evacuation/repatriation insurance) is included in the prize. Insurance is the winner’s own responsibility (with regard to both themselves and where applicable any guest), in this regard winners must ensure that winners, and where applicable any guest, have appropriate travel insurance cover for the duration of their trip. In the event that a Minor wins a prize involving travel, FIFA reserves the right to require that the Minor is accompanied on such trip by his/her parent or legal guardian but in any event by an individual aged at least eighteen (18) or older as at the date of departure.
17. By participating in the Contest you agree that FIFA, its bodies, officers, agents, employees, volunteers, sponsors and any other entity or person acting on their behalf have (to the fullest extent permissible by law) no liability whatsoever for any injuries, deaths, losses, or damages of any kind resulting from participation in this Contest or from acceptance, possession, or use of any prize. Participants acknowledge and agree that FIFA, unless explicitly agreed otherwise, does not make, nor is in any manner responsible for any warranty, representations, guarantees, expressed or implied, in fact or in law, relative to the quality, conditions, fitness, or merchantability of any aspects of the prizes. By taking part in the Contest, the Participants, to the extent permitted by law, waive any and all claims and their right to present any legal claim or lawsuit against FIFA and fully and unconditionally indemnify and hold harmless FIFA from any liability arising out of or in relation to any and all personal injuries or deaths, losses and/or damages of any kind to the Participants or prize winners themselves or any other person or property which (directly or indirectly) result from or are in any way connected to (i) the participation of the Participants in the Contest, (ii) the participation of the winners in an event in connection with the Contest resulting from the prize, (iii) any incidents occurring during or in connection with such a prize-related event, and (iv) any act or omission of any agent or auxiliary person of the Participants/winners (including but not limited to organisers and/or operators of the winners’ travel to and/or of any accommodation), regardless of how any injury or death, loss or damage may have occurred, through negligence or otherwise. For purposes of the above waiver, release of liability and indemnification, the term “FIFA” includes FIFA, its bodies, officers, agents, employees, volunteers, sponsors and any other entity or person acting on their behalf.
18. Application constitutes permission for FIFA and any third party authorised by FIFA to use the names and image of Participant at its sole discretion including for publicity purposes. By participating in the Contest, each Participant explicitly agrees to use of his/her name and image, if this is required by FIFA. Upon request, a Participant shall submit to FIFA a photo for publication and/or publicity purposes.
19. Any and all rights in relation to the Contest are the sole and exclusive property of FIFA and/or the Hyundai Motor Company. No information or data may be reproduced in any format or used in any way without the prior written consent of FIFA. FIFA shall be entitled to withhold consent at its sole discretion.
20. The Contest is not open to employees of FIFA or Hyundai Motor Company (and/or any employee of associated companies of FIFA and or Hyundai Motor Company), their relatives, agents or agents' relatives or any employees of companies involved in the development or support of the Contest website.
21. FIFA reserves the right to introduce new facilities to enhance the Contest. Details of such introductions will be published on the Contest website and will amend or vary these Terms and Conditions and take effect from the date upon which such details are published on the Website.
22. FIFA may, at its sole discretion, suspend a Participant, disqualify any application or vary, amend or waive the Rules and/or the Terms and Conditions at any time or cancel the Contest at any time in the event of circumstances arising beyond FIFA's control or which make it desirable to do so. The Participants agree that no liability shall attach to FIFA as a result thereof and that the exercise of such discretion shall not result in any compensation being payable or paid to any Participant or other person.
23. FIFA cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any Participant entering the Contest or as a result of acceptance of any prize. FIFA is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including without limitation any injury or damage to a Participant's or any other person's computer or mobile device related to or resulting from participation or downloading any materials in relation to the Contest. By participating in the Contest, you agree that no claim relating to any such (or any other) loss, damage or injury (including without limitation special, indirect or consequential losses) shall be asserted against FIFA, its parent companies, sponsors, affiliates, directors, officers, employees or agents.
24. By participating in the Contest, you agree that no claim shall be asserted against FIFA, its parent companies, sponsors or affiliates or any of their respective directors, officers, employees or agents in respect of any and all losses or injuries (including without limitation special, indirect or consequential losses), damages, rights, claims or actions of any kind whatsoever that result from your participation in the Contest, from your acceptance or use of the prize, and/or from any other aspect related to the Contest and/or the Terms and Conditions. Each Participant represents and warrants not to take any legal action and/or to initiate any other proceeding in relation to the Contest and/or the Terms and Conditions. FIFA’s decision in connection with any aspect of the Contest shall be final and binding and enforceable.
25. Winners will be selected in accordance with the method stipulated in the Rules from Participants which comply with these Terms and Conditions.
26. If you communicate with FIFA by e-mail, you should note that the security of Internet e-mail is uncertain. By sending sensitive or confidential e-mail messages which are not encrypted you accept the risks of such uncertainty and possible lack of confidentiality over the Internet.
27. FIFA reserves the right to take any decision in relation to any matter whatsoever in connection with the Contest. No correspondence shall be entered into with any Participant. Each Participant warrants to fully comply with and to adhere to any decision taken by FIFA.
28. Participation in the Contest does not create a contractual relationship with FIFA.
29. Any legal dispute between you and FIFA in relation to the Contest and/or the Terms and Conditions shall be governed by and interpreted in accordance with the laws of Switzerland. Place of jurisdiction shall be Zurich Switzerland. FIFA shall also be at liberty to enforce its rights and to take legal action in any competent court of your domicile.
30. These Terms and Conditions have been drafted in English and translated into other languages (including French, German and Spanish) and are available on the Website. The Participant acknowledges and agrees that he/she has read and understood these Terms and Conditions and that he/she is fully aware of the rights and obligations arising therefrom. In the event of any discrepancy between the English and translated texts, the English text shall be used to resolve any doubts arising in respect of interpretation and/or application.
31. No purchase is necessary in order to participate in the Contest. Participants are entitled to cancel at any time their membership of the “FIFA.com Club”, their newsletter subscription and any other relationship with FIFA entered into through participation in the Contest, either by clicking on the cancellation link at the end of the newsletter or via the website FIFA.com. FIFA has the right to discontinue or modify such services at any time.