Clause 1. Definitions
The terms and expressions of this Regulations document have the following meaning:
1. Organizer – ACCENTURE, S.C. with its registered office in Paseo de los Tamarindos 90, Tower 2, Floor L2, Delegación Cuajimalpa, C.P. 05110, Mexico City, Mexico, entered in the Public Registry of Moral Persons, under number 22950 since January 7, 1991.
2. Application – The Organizer's mobile software designed for Smartphones that comply with the terms and conditions specified by the Organizer, established in technical requirements.
3. Promotional Campaign – The promotional campaign organized by the Organizer entitled: "Felices Fiestas Accenture 2018", with the aim of popularizing the Organizer's Application and mode of operation, and to acquire the largest possible group of users, lasting from December 1, 2018, from 00:00:01 a.m. to January 31, 2018, 11:59:59 p.m.
4. Donation – The Organizer will donate the total amount of $10,000 USD (ten thousand United States Dollars) to the organization Save the Children Mexico
5. Participant – An 18-year-old natural person who resides in Mexico, who has full capacity to perform legal acts and publish photograph/photographs through the Application according to the Regulations’ terms and conditions.
6. Regulations – The regulations entitled “Rules and Regulations for “Happy Holidays with Accenture 2018” outlining the conducting of the Promotional Campaign available at the Organizer's registered office and on the Organizer's Promotional Campaign website: http://holidaysinaccenture.com.
7. Website – The Organizer's Promotional Campaign website available under the domains http://holidaysinaccenture.com and http://holidaysinaccenture.mx.
8. Smartphone – The Participant’s mobile phone device with combine functions of mobile phone, hand-held computer and camera that allows for the Application to be installed and used by the Participant in an unlimited way.
Clause 2 Rules for Participating in the Promotional Campaign
1. Participation in the Promotional Campaign shall be gratuitous and voluntary. Data transmission fees may be charged according to the Internet provider’s tariffs and charges that apply for the Participant and the Participant shall incur those charges on his/her own.
2. To participate in Promotional Campaign the Participants must install the Application on their Smartphone and approve the Rules and Regulations.
3. To participate in the Promotional Campaign the Participant will need to use the Application installed on the Smartphone to take a photograph of the “marker” (the Christmas tree image included in a printed card or digital email with Accenture’s “Greater Than” symbol in purple) and share the photograph on the Organizer’s Promotional Campaign Website clicking on the “Share” button on the Application.
4. The Participant’s photograph should to be taken with the Smartphone’s camera through the App.
5. Before publishing any photograph on the Organizer's Website, the Participant may take an unlimited number of photographs.
6. For the photographs sent by the Participants to the Organizer's Promotional Campaign Website, the Organizer will donate to Save the Children Mexico the total amount of $10,000 USD (ten thousand United States dollars).
7. The Participant may publish the photograph taken with the Application on the Organizer’s Promotional Campaign Website repeatedly an unlimited number of times until the end of the Promotional Campaign.
8. The Participant will publish the photograph(s) on the Organizer’s Promotional Campaign Website anonymously.
9. The photographs taken with the Application will be saved in the Smartphone’s memory. To remove the photograph taken with the Application the Participant shall have to take the necessary actions according to the user’s manual of his/her Smartphone.
10. The Organizer is not obliged to notify the Participant of the amount donated, referred to in Clause 2 Section 5 of the present document, although the Participant will be able to request a confirmation of the total donation at the end of the Promotional Campaign.
Clause 3 Restrictions
1. The Organizer reserves the right to prohibit or publish any photograph that may be illegal and/or represents an affront to public morals and decency; particularly any content that is considered to incite racial, ethnic or religious hate, contains pornographic content, propagates violence, offends religious feelings or breaches the rights of others, etc. It will be particularly prohibited to publish on the Organizer’s Promotional Campaign Website any photograph that in whatever way may violate any third parties’ rights, including any intellectual property rights.
2. The Organizer reserves the right to immediately remove the photograph from the Website if it violates the prohibitions mentioned in Clause 3 Section 1.
Clause 4 Copyrights
1. The Participant shall be the exclusive author of the photograph and its individual elements under the Federal Law of Copyright.
2. The simple act of publishing the photograph on the Organizer’s Promotional Campaign Website shall be deemed to be the Participant’s statement that the published photograph does not violate the applicable laws, nor any third parties’ rights.
3. The Participant agrees to keep the Organizer safe from any complaint from third parties.
4. The Organizer will not collect any personal data about the Participant through the Application or Website. The Participant’s IP, which doesn’t contain personal data, may be tracked as a reference.
5. By publishing the photograph on the Organizer’s Promotional Campaign Website, the Participant grants the Organizer a non-exclusive, gratuitous and territorially limited to Mexico license for the period of 6 (six) months (from December 2018 to May 2019 – the period in which the Organizer’s Promotional Campaign Website will be live) for the photograph’s use the in the Organizer’s Promotional Campaign Website, as well as for the Organizer’s internal communications (campaign results report) and a results report for Save the Children Mexico.
6. The Participant will not have the right to charge the Organizer for the use of his/her photograph.
7. The Participant authorizes the Organizer to exercise the right to use the photograph as seen fit. Neither the Organizer, nor any other person and/or entity selected by the Organizer, will have the right to make any change or modification to the photograph published in the Organizer’s Promotional Campaign Website, combine it with any other works, make any other changes or use said works, including permitting other people or entities to realize said activities.
8. The Organizer will have the right to make public the photograph in its Promotional Campaign Website and for corporative means in its communications campaigns with no rights reserved.
9. The Organizer will not be considered responsible for any complaint from third parties regarding the violation of their rights deriving from the photograph submitted by the Participant, particularly with regards to any copyrights and image authorization.
10. By clicking “I accept the terms and conditions” in the Organizer’s Application, the Participant is confirming to grant the Organizer license to all established in these rules and regulations.
Clause 5 Protection of Intellectual Property Rights
1. All materials, including graphics, the layout and composition of the components in the Application, including trademarks and other information are covered by the Organizer’s rights.
2. The elements referred to in the previous section are protected by copyright and/or industrial intellectual property and are entitled to the Organizer. The downloading or use of any kind of material made available through the Promotional Campaign Website requires the consent of the authorized individual and should not violate the rules and applicable laws, as well as the Organizer’s rights.
3. It is prohibited to copy, modify, publicly communicate and totally or partially reproduce the available content in the Organizer’s Promotional Campaign Application and Website.
Clause 6 Personal Data Protection
1. The data administrator will be the Organizer, Accenture, S.C. with its registered office in Mexico City, ACCENTURE Mexico, Paseo de los Tamarindos 90, Tower 2, Floor L2, Delegación Cuajimalpa, C.P. 05110, Mexico City, Mexico.
2. No Participants personal data will be solicited or processed.
3. The Promotional Campaign will be stored and processed by the Organizer in the way seen fit to assure the development of the Promotional Campaign and to have for consideration in relation to any complaints with the Promotional Campaign.
4. The Application can automatically compile specific information, like the type of Smartphone used, the identification number generated randomly by the Smartphone used for installation, the mobile operations, the system and Participants’ IP address.
5. The collected information by the Application will be anonymous and will only be used in an aggregated manner, and the Organizer will collect and use it according to these clauses, for the exclusive purpose of the Promotional Campaign and strictly aligned to the Laws of Personal Data Protection.
6. The collection of the information by the Application shall be ceased by de-installing it on the Participant’s Smartphone. When de-installing the Application, the Participant may apply standard de-installation processes that may be available as part of the Smartphone or use mobile applications or networks.
Clause 7 Complaints
1. The Participant may provide the Organizer with complaints on all irregularities concerning the Promotional Campaign, especially irregularities concerning the course of the Promotional Campaign.
2. The Participant can place a complaint electronically by sending an e-mail to the Organizer’s e-mail address: Accenture.email@example.com or a written notice to the Organizer’s registered office. ACCENTURE Mexico, Paseo de los Tamarindos 90, Tower 2, Floor 26, Delegación Cuajimalpa, C.P. 05110, Mexico City, Mexico, with a note marked “Charity Campaign Complaint”.
3. In the complaint notice the Participant shall include his/her data: full name, address and description of the problem. The Organizer shall consider the complaint and respond to the Participant within 20 (twenty) days of receiving the complaint.
4. The response to the complaint shall be sent to the indicated addresses for service in the complaint in writing or on an e-mail.
Clause 8 Contact with the Organiser
1. The Organiser may contact the Participant:
⦁ by e-mail: by sending an e-mail to the Organizer's e-mail address: Accenture.firstname.lastname@example.org,
⦁ by mail - by sending a written notice or on other durable medium according to the Participant’s data: ACCENTURE Mexico, Paseo de los Tamarindos 90, Tower 2, Floor 26, Delegación Cuajimalpa, C.P. 05110, Mexico City, Mexico.
2. Any inquiries, petitions and suggestions pertaining to the Application, particularly about the Regulations may be made by the Participant via the means of contact as referred to in Section 1.
Clause 8 Contact with the Organiser
1. The Regulations shall be made available to the Participant gratuitously, on the Organizer's Website under the domains http://holidaysinaccenture.mx and http://holidaysinaccenture.com, in such a way that before joining the Promotional Campaign the Participant may, acquire, reproduce, record and store the Regulations by means of the electronic information and communication system applied by the Participant.
2. Any matters not regulated herein may be governed by legislations applicable in Mexico City, in the United Mexican States.
3. The Regulations will enter into effect on November 26, 2018.