“LUMIX SAMPLE Try Out” Event Participation Terms and Conditions

“LUMIX SAMPLE Try Out” Event Participation Terms and Conditions

This “LUMIX SAMPLE Try Out” Event Participation Terms and Condition (hereinafter “Terms”) is the terms and conditions made for “LUMIX SAMPLE Try Out” event (hereinafter “Event”). The Event is one of the activities in “LUMIX Creators’ Backstage”, an Instagram community which Tribal Media House Inc. (Tokyu Ginza Ni-chome Building, 2-15-2 Ginza, Chuo-ku, Tokyo 104-0061; www.tribalmedia.co.jp/en/about/; hereinafter “Operator”), is entrusted by Panasonic Corporation (1006,Oaza Kadoma, Kadoma-shi, Osaka 571-8501,Japan; www.panasonic.com/global/home.html; hereinafter “Panasonic”) to operate it as a platform to communicate with the fan users of Panasonic’s LUMIX cameras （hereinafter the “Community”）

Operator has planned the Event to further realize enjoyable social interactions among LUMIX fan users who already participated in the Community. A member of the Community who wish to participate in this Event (hereinafter “Participant”) have to agree with this following terms and conditions by the method designated by Operator.

(Purpose)
1. The main purpose of this Event is to increase the chances to communicate about the LUMIX cameras among the LUMIX cameras’ fan users, and to encourage the discovery of new functions or methods on how to use the LUMIX cameras, by providing LUMIX’s new cameras to members of the Community who love to take photos and/or videos (hereinafter referred to as "Photos/Videos") regularly, so that such members could, but are not required to, share their impressions of such cameras in their own social network accounts, web pages, or other media.

(SNS Guidelines)
2. To participate in this Event, Participant shall agree and comply with the latest version of "LUMIX Creators' Backstage Terms of Use" (https://www.panasonic.com/global/consumer/lumix/lcb_terms-of-use.html) and "Panasonic SNS Community Guidelines" (https://www.panasonic.com/global/consumer/lumix/sns_guideline.html).

(LUMIX SAMPLE Lease)
3. In this Event, Operator may, at its own discretion, lend a certain model(s) of LUMIX digital camera and its accessories designated by Operator, Panasonic, and/or Panasonic’s affiliates, as a sample (hereinafter altogether "LUMIX SAMPLE") to Participant. The lease of LUMIX SAMPLE may be done by Panasonic or any of Panasonic’s affiliates.
4. In order to use LUMIX SAMPLE, Participant shall agree to the following terms and conditions.

(1) Participant shall use the LUMIX SAMPLE only within the rental period designated by Operator, Panasonic, and/or Panasonic’s affiliates (hereinafter “Rental Period”).
(2) At the end of the Rental Period, Participant shall restore the LUMIX SAMPLE to its original condition, and return LUMIX SAMPLE to the location designated by Operator, Panasonic, and/or Panasonic’s affiliates within 30 days from the end of the Rental Period. Participant shall return LUMIX SAMPLE by an appropriate method required for shipping delicate equipment, and the cost shall be borne by Participant.
(3) Only Participant himself/herself could use LUMIX SAMPLE. Participant shall not lend LUMIX SAMPLE, either with or without compensation, to any third party.
(4) Though using LUMIX SAMPLE with Panasonic-branded accessories is recommended, Participant may use LUMIX SAMPLE with the products of other brands.
(5) Participant shall exercise reasonable care in the use of LUMIX SAMPLE.
(6) Participant shall not, or cause any third party to, lose, resale, pledge, or dispose of LUMIX SAMPLE.
(7) Participant shall not disassemble, destroy, reverse-engineering, or conduct any action or in-action which may damage LUMIX SAMPLE.
(8) Participant shall not use LUMIX SAMPLE to shoot Photos/Videos in the following manners;

(a) Shoot Photos/Videos in prohibited areas, or private buildings or premise of the third party without permission;
(b) Shoot Photos/Videos that infringe, or may infringe, privacy,　reputation, and any other rights of any third party;
(c) Shoot Photos/Videos in a manner that, or the contents of which, may (i) reasonably be considered to be defamatory, libelous, hateful, threatening, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; (ii) incites violence or contains graphic or gratuitous violence; or (iii) be pornographic or contains nudity;
(d) Shoot Photos/Videos in a manner that, or the contents of which, violates, or may violate, any law, statute ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)

(9) Neither does Operator nor Panasonic make express or implied warranty with respect to LUMIX SAMPLE, including without limitation, any warranty of function, merchantability, non-infringement or fitness for a particular purpose. In no event shall Operator or Panasonic be liable for any damages arising from, including but not limited to, the defect or malfunction of the LUMIX SAMPLE. Participant may enquire Operator if Participant finds the LUMIX SAMPLE are malfunctioning or damaged in transit. In such case, however, Participant agrees that there might be cases where Operator and/or Panasonic might be unable to provide substitutes of LUMIX SAMPLE.

(Participants’ Cooperation)
5. Participant shall, at the Participant’s discretion, cooperate with the Operator and/or Panasonic, upon request by the Operator, to conduct the following actions;

(1) Submit Photos/Videos taken by LUMIX SAMPLE to Operator and/or Panasonic so that Operator and/or Panasonic may use such Photos/Videos in the Community, LUMIX Official Instagram Account, or other media, provided that Operator and/or Panasonic shall separately seek for permission from Participant to do so on case-by-case basis;
(2) Answer to the questionnaire regarding LUMIX cameras and relevant accessories; and
(3) Other matters that Participant can cooperate with free of charge upon the request of Operator and/or Panasonic.

6. When Operator and/or Panasonic make the request to submit Photos/Videos in pursuant to Article 5 (1) and Participant gives such permissions, Participant shall:

(1) specifically authorize Operator and Panasonic to use and/or license third parties to use, without compensation, gain, or rewards, a non-exclusive and irrevocable license to use, republish, process, edit and/or modify the submitted Photos/Videos in any media for marketing and promotional purposes for Panasonic’s digital cameras;
(2) represent and warrant that:

(i) Participant have already obtained all necessary permissions from the relevant third party in the event that the submitted Photos/Videos include or are associated with the images or the personal information of such third party;
(ii) the submitted Photos/Videos are original to Participant or fully cleared for use as contemplated herein; and
(iii) the contents of the Photos/Videos and their shooting and/or editing process does not violate this Terms and any law and legislations.

(3) not require Operator and/or Panasonic to pay or incur any sums to any person or entity as a result of Operator and/or Panasonic's use or exploitation of the same.
(4) not make any request or demand, or instruct Operator and/or Panasonic to use, post, or publish the submitted Photos/Videos.

7. When Operator and/or Panasonic make the request to answer questionnaire in pursuant to Article 5 (2), Participant shall authorize Operator and Panasonic to use and/or license third parties to use, without compensation, gain, or rewards, a non-exclusive and irrevocable license to use any opinions, comments, or answers obtained from such questionnaire for development, marketing and promotional purposes for Panasonic’s digital cameras.

(Posts or Publication Photos/Videos)
8. Participant may, at his/her own discretion, send, post, share, distribute, or publish (hereinafter “Post”) Photos/Videos taken by LUMIX SAMPLE, and any expression, statement, comment, or demonstrations regarding LUMIX SAMPLE (hereinafter “Expression”) in the Community, or on his/her own SNS, web pages, any other media.
9. Notwithstanding the foregoing, if the Post of Photos/Videos or the Expression by Participant or by Participant’s assignee, contractor, or employee, (i) is a defamatory, threatening, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing the members of the Community, other Event’s participants, Panasonic, or any third party; or (ii) violates the “Panasonic SNS Community Guideline”, this Terms, or any law or regulation, it shall constitute the breach of this Terms and Operator may request the Participant to immediately stop using LUMIX SAMPLE and return it to the place designated by Operator, Panasonic, and/or Panasonic’s affiliates.

(Liability)
10. Participant shall be liable for any damages occurring to the LUMIX SAMPLE (i) during the Rental Period, and (ii) during the return of the LUMIX SAMPLE.
11. Participant shall be liable for any damages occurring due to the breach of this Terms to Operator and Panasonic.
12. Participant shall indemnify and hold Operator, Panasonic, and Panasonic’s affiliates and all of their officers, directors, and employees free and harmless from any liability arising from claims or suits of third parties, including costs and expenses incidental thereto, (i) in connection with the use of LUMIX SAMPLE and any Photos/Videos; and/or (ii) due to the breach of this Terms.

(Personal Information)
13. To participate in this Event and provide the LUMIX SAMPLE to Participant, the following personal information (“Personal Information”) of Participant will be requested by the Operator.

(1) Name
(2) Email Address
(3) Instagram Account
(4) Address
(5) Phone Number

14. The purpose of use of Personal Information is as follows:

(1) To operate this Event.
(2) To contact Participant necessary for the operation of this Event.
(3) To deliver sample products including Panasonic’s LUMIX SAMPLE to Participant

15. The companies except of Panasonic which use “Personal Information”;

(1) Operator which is entrusted by Panasonic to operate “LUMIX Creators’ Backstage” and this event
(2) Local affiliates of Panasonic in each country to deliver LUMIX SAMPLE.

16. Operator will retain Participant’s personal information until the end of the operation of "LUMIX Creators' Backstage". Operator will stop using and terminate Participant’s personal information at the completion deadline.
17. The controller of “Personal Information” in this event is Panasonic Corporation. Matters concerning the reception of corrections / suspension of use from Participant and other handling of personal information:
Please check Panasonic’s Privacy Policy from the following link
【https://www.panasonic.com/global/privacy-policy.html#Whoarewe_5】
18. Contact request of correction/suspension and providing to Panasonic of personal information：

Tribal Media House, Inc.
Marketing Design Division
Email: lumix.cbstg@gmail.com
Phone: +81-3-63690800
Business Hours: 10:00AM ~ 07:00PM (JST)

*Please be notified that received phone calls will be supported in Japanese. Therefore, we recommend to contact Operator via E-mail.

(Term and Termination)
19. The term of this Terms shall begin at the signing date by Participant, and end at the date the LUMIX SAMPLE is returned to Operator, Panasonic, and/or Panasonic’s affiliates.
20. Notwithstanding the foregoing, in the event that Participant breaches any part of this Terms, Operator may terminate this Terms immediately, and call for an immediate return of the LUMIX SAMPLE, the method of which to be stipulated by Operator, Panasonic, and/or Panasonic’s affiliates.
21. Notwithstanding Article 19 and Article 20, Article 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 21, 22, 23 and 24 shall survive the expiration and the termination of this Terms.

(Governing Law)
22. This Terms shall be governed by and construed in accordance with the laws of Japan.

(Jurisdiction)
23. The Tokyo District Court shall be the court of first instance with respect to any lawsuits under this Terms in connection with the Event. In some countries the courts will not permit the Japanese courts to hear a claim arising out of this Terms. If Participant lives in such a country, the courts of the country in which Participant lives shall be able to hear any claim arising out of to this Terms.

(Severability)
24. In the event that any of the provisions of this Terms proves to be invalid or illegal, that will not in any way affect, impair or invalidate any other provision, and all other provisions of this Terms will be full force and effect.