Terms and Conditions of the MCS iDay 25 Challenge

Scope

As part of its annual event and 25th anniversary celebration on 25 September 2014, MCS nv organizes the “MCS iDAY25 Challenge”, where participants to this event are invited to share their prediction(s) for the next 25 years along with a selfie on the following page www.mcs.fm/events/iday25/ (the “Contest Page”).

Eligibility and contracting parties

When you submit your entry to the Contest Page, you are contracting with MCS nv, a company registered in the register of legal entities of Antwerp under number BE 0449.312.611 (“we”, “us”, “our” or “MCS nv”). In order to participate in the MCS iDay 25 Challenge, you (“you”, “your” or the “Participant”) must be an invitee to the annual event and 25th anniversary celebration on 25 September 2014 of MCS nv and over the age of 18 at the date you submit your entry to the Contest Page. Submitting your entry and uploading your selfie evidences your acceptance of these terms and conditions.

Employees, officers or directors of MCS nv and anyone involved in the MCS iDay 25 Challenge development or execution, the immediate family members (meaning spouses, parents, siblings, children and their respective spouses) of such employees, officers and directors and members of the households of such employees, officers and directors are not eligible for participation.

Topics

The MCS iDAY 25 Challenge solicits your predictions for the next 25 years, which can be predictions having a relation with MCS nv’s activity domains of Real Estate, Facility and Workplace Management, but also predictions having a relation to any other domains.

Notwithstanding the foregoing, MCS nv reserves the right to refuse any entry which contains materials:

  1. that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
  2. that impersonate any person or entity, including, but not limited to, any other participant to the MCS iDay 25 Challenge, or a director, officer, employee, shareholder, agent or representative of MCS nv, or any other person or entity, or falsely state or otherwise misrepresent your affiliation with MCS nv, or any other person or entity;
  3. that are not your property, or that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  4. that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
  5. that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  6. that interfere with or disrupt the Contest Page or servers or networks connected to the Contest Page, or disobey any requirements, procedures, policies or regulations of networks connected to the Contest Page; or
  7. that intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law.

MCS nv also reserves the right to make a selection among the entries.

The evaluation of the entries and the determination of the winner shall be done by experts from various fields, both from within MCS and from external partners.

Timeline

Entries to the MCS iDay 25 Challenge can be submitted on the Contest Page from 26 June 14:00 CEST through 22 September 2014 23:59 CEST. MCS nv reserves the right to advance the deadline.

The designation of the winner of the MCS iDay 25 Challenge shall take place on 25 September 2014, during the networking cocktail organized by MCS nv between 5:00 pm and 6:00 pm.If the winner is not physically present at this networking cocktail, he or she forfeits his or her right to the prize and the runner-up shall be designated as the winner and be entitled to the prize, and so forth.

Prize

The winner of the MCS iDay 25 Challenge shall receive a Google Glass wearable computer, or if the Google Glass wearable computer would not have been made available in Belgium by September 2014, a voucher to purchase a Google Glass whenever it becomes available in Belgium (it being understood that the total value of such voucher shall not be higher than 600 euros, and that the winner may be compelled to pay the balance of the actual purchase price of the Google Glass wearable computer when it becomes available in Belgium). MCS nv reserves the right to substitute this prize at any time.

Intellectual property

By submitting your entry, you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights or, depending on the law of your jurisdiction, waive any moral rights) and license to your entry (in whole or in part and with or without the use of your name) worldwide and/or to incorporate any element of your entry in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the “Rights”) that may exist in such elements, for any purpose, commercial, advertising or otherwise.

You also warrant that:

  1. you own or otherwise control all Rights in or to all elements of your entry including, without limitation, all the rights necessary for you to post, upload, input or submit such elements;
  2. to the extent that you are not the exclusive holder of all Rights in an element of your entry, any third party holder of any Rights, including moral rights in such element, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above; and
  3. each person depicted in any images, photos and/or videos contained in your entry or selfie (if any) has consented to the use of such images, photos and/or videos in accordance with the above license.

You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of any and all elements of your entry for any purpose whatsoever, commercial or otherwise, without compensation to you, that no element of your entry shall be subject to any obligation of confidence on our part, and that we shall not be liable for any use or disclosure of any element of your entry.

Subject to the foregoing, you retain any and all Rights that may exist in all elements of your entry.

General conditions

You release and hold harmless MCS nv and its subsidiaries, affiliates, representatives, promotion, advertising and online technology agencies, prize suppliers and all others associated with the development or execution of the MCS iDay 25 Challenge, and each of their respective directors, officers, employees and agents (the “Releasees”) from any and all liability or any injuries, loss or damage of any kind arising from or in connection with participation in the MCS iDay 25 Challenge or acceptance, use, misuse or non-use of any prize or parts thereof (including activity or travel related thereto), including, without limitation, liability for death, personal injury, damage or loss of any kind, and from liability to any other persons relating to or resulting from entering or downloading materials or software in connection with the MCS iDay 25 Challenge. None of the above will exclude MCS nv’s liability for death or personal injury caused by MCS nv’s negligence, for fraud, or otherwise as prohibited by law.

MCS nv or any other Releasee do not make any warranty, representation or guarantee, express or implied, in fact or in law, relative to the use of any prize, including, without limitation, quality, merchant-ability, and fitness for a particular purpose. Further, no responsibilities are accepted for any additional expenses, omissions, delays, re-routing, or acts of any government or authority. MCS nv reserves the right to modify the MCS iDay 25 Challenge in any way it deems necessary or appropriate.

Internet

If for any reason the MCS iDay 25 Challenge is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of MCS nv which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the MCS iDay 25 Challenge, MCS nv reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the MCS iDay 25 Challenge.

MCS nv and other Releasees are not responsible for lost, late, garbled, misdirected, or postage due entries or mail, or for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by MCS nv on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in the MCS iDay 25 Challenge or downloading any materials in the MCS iDay 25 Challenge.

Data protection

MCS nv collects personal information from you when you enter the MCS iDay 25 Challenge.The sole purpose of the collection of this personal information is to verify the eligibility of your entry and to identify the winner of the MCS iDay 25 Challenge. MCS nv will process such personal information in accordance with Belgian law and shall keep it as long as it makes use of your entry in the MCS iDay 25 Challenge.

By submitting your entry in the MCS iDay 25 Challenge, you consent to the collection, transfer, processing, storage and deletion of your data under the above-mentioned conditions.

You have the right to access and restrict your personal data and, where appropriate, request rectification of any erroneous data relating to you. This right may be exercised and more information can be requested by contacting us MCS nv at
Sneeuwbeslaan 20 b3
2610 Antwerp, Belgium
t.: +32 (0) 3 829 04 95

Governing law and choice of forum

These terms and conditions shall be governed by and construed in accordance with the laws of Belgium, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to the MCS iDay 25 Challenge shall be filed only before the Courts of Antwerp (Belgium) and you hereby consent and submit to the personal jurisdiction of such court for the purposes of litigating any such action.

Organization

The MCS iDay 25 Challenge is organized by MCS nv, who is responsible for the central coordination of the contest, as well as managing the submission, evaluation, and posting process.

For any queries, please contact us at:
MCS nv
Sneeuwbeslaan 20 b3
B-2610 Wilrijk
t.: +32 (0) 3 829 04 95

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