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Within the scope and purview of the advertising campaign C.E.O. “Chair Executive Officer”, the Company DIESEL S.p.A., is organizing, in the dates and with the modalities detailed hereinbelow, a “Casting call” (hereinafter also referred to as the “Casting”) with the aim to identify a subject who can effectively promote the DIESEL brand, of which the abovementioned company is the owner.
CASTING CALL ORGANIZATION
The Company DIESEL S.p.A., with its registered office in Via dell’Industria, 4/6 – 36042 Breganze (VI)- C.F., P.IVA and Reg. Imprese Vicenza 00642650246 (hereinafter referred to as the “Company”).
1.1 SCOPE AND PURPOSE OF THE CASTING CALL
The Casting aims to identify and select a person who can be effectively used in promotional activities for the DIESEL brand with the role of “Chair Executive Officer – A Diesel Testimonial” (hereinafter referred to as the “Testimonial”), within the aims, scopes and purposes of the Company.
The Testimonial will have to make himself available from 9/10/2017 to 20/10/2017 for the purpose of shooting photographic and video material (hereinafter referred to as the “Material”) in the Company’s headquarters.
All the materials obtained in said shooting (hereinafter referred to as the “Initiative”), will belong to the Company, who will retain full and free rights of usage of the Material.
1.2 Time frame of the Casting
The users will be allowed to candidate themselves to the Casting following the methods, rules and specifications detailed in sections 2 and 3 of this terms and conditions, from 5/10/2017 to 08/10/2017.
The entries will be evaluated and the Testimonial will be identified and named by 9/10/2017.
1.3 Duties upon taking part in the Casting call
Taking part in the Casting call, in accordance to the rules and methods specified below, entails the full and unconditioned acceptance of all the rules, clauses and provisions included in this document.
INTENDED TARGETS OF THE CASTING CALL
2.1 Participation requirements
Are eligible to take part in the Casting all subjects (hereinafter referred to as “Candidates” and “Candidate” in the singular form) who possess each and every of the following requirements:
they must be 18 years of age or older;
they must have no previous criminal conviction, they must be able to prove their irreproachable conduct in professional, public and private situations, including but not limited to never having taken part, with any role, in photographic or video shootings, or recordings in any format, which may undermine public morality, and they must be able to prove that they were never implicated in facts or events of public relevance that may cause offense to common morals;
they must possess the full and unconditional ownership and availability of all rights, including but not limited to economic purposes, of their image and their name;
they must not be bound by any contract or terms and conditions that may cause obstacle to their participation to the Casting and/or that may set limits for the Company to use and profit from their image and name and/or that may put in place any obligation for the Company towards third parties;
they must not be impeded by, and must be able to prove the absence of, any causes of incompatibility and/or impediment, where cause of incompatibility refers to the absence of one or more of the conditions specified above, and cause of impediment refers to any and all event and/or objective circumstance that contrasts with the times and methods of the Casting and the Initiative.
Any Candidate, in order to remain eligible for the Casting, must retain possession of each and every abovementioned condition for the entire duration of the Casting, including but not limited to the duration of the Initiative.
2.2 Area of the activity
This Casting call is open to all Candidates who possess the aforementioned requirements, with no limits of origin, current residence and/or nationality.
METHODS TO TAKE PART IN THE CASTING CALL
From 5/10/2017 to 8/10/2017 everyone who possess the requirements specified in section 2.1 of this terms and conditions and who wish to take part in the Casting call will be tasked to:
access the Company’s Facebook page at the link facebook.com/Diesel;
upload a picture of himself/herself (hereinafter referred to “Contribution” or collectively “Contributions”) in the comment section of the post where the Casting call is communicated, following the theme of the Casting, which is: “show us how you would sit in the chair of the chief executive office”, in compliance with the rules as detailed in section 3.1 of the terms and conditions;
fill the registration form in full, including but not limited to personal data and the consent to the handling of personal data by the Company or one of its affiliates.
At the expiration of the time available to submit Contributions, by 8/10/2017, the Company will submit the Contributions received, valid as in full compliance of the rules detailed in section 3.1 of this terms and conditions, to a special jury, tasked to select with unquestionable judgment a suitable Testimonial.
3.1 Rules for uploading Contributions
A Contribution, in order to be uploaded to the Company’s Facebook page, must respect the following technical specifications:
a maximum file weight not exceeding 2 Mb;
a file format that is either JPG, GIF o PNG.
Any Contribution will have to follow the theme of the Casting and must only feature the intended Candidate. Contributions featuring more than one Candidate or other subjects in addition to the Candidate will be considered not in full compliance of the rules and, as such, will be rejected.
Any Candidate who wishes to upload their Contribution to the Company’s Facebook page will have to be in full compliance of each and every one of the following provisions:
they must be the author of the Contribution;
they must be the person depicted in the Contribution;
they must possess all the rights to use the Contribution;
they must consent to giving the Company the rights to publish, reproduce, release and communicate the Contribution in any format and through any platform (including, but not limited to the Internet and social networking platforms). To this purpose, the Company reserves the right to request the Candidate to provide a high definition version of the Contribution, through a different channel and with differing technical specifications than the ones required for the initial submission.
By submitting and uploading a Contribution, the Candidate automatically and implicitly declares their paternity over it and the authenticity of it. Therefore, the Company and any and all of its affiliates involved in the Casting will not and can not be held liable for the publication or the use of Contributions that are protected by a pre-existing copyright or usage rights, or realized in breach of existing laws and regulations. Any responsibility regarding the use of Contributions for which the Candidate does not possess full usage rights and/or that violate existing norms and regulations exclusively pertains to the Candidate themselves.
The Contributions submitted will be moderated by an employee of the Company or of one of its affiliates to the sole purpose of approval for submission to the jury.
Contributions will be rejected if:
they are in clear disregard of existing laws and regulations;
they are in bad taste, vulgar, obscene or offensive to the current political, religious or social morality;
they include discriminatory content towards any race and/or nationality and/or religion and/or ethnic or cultural minority, or they are clearly harmful towards other people’s feelings;
they include content which is violent, pornographic or in any way sexually suggestive nature;
they include content which refers to or promotes the use of alcohol, drugs or other illicit substances;
they include content which is controversial, offensive, illegal or forbidden by existing laws and regulations;
they include content which in any way alludes to abuse and/or mistreatment towards animals;
they include content which incites hatred and/or violence;
they include information that are in any way false, incorrect, misleading or fraudulent;
they ask for or imply an exchange of money or other goods as compensation for the Casting;
they include content which is slanderous, defamatory or infringes in any other way the rights and the dignity of other people;
they are found in violation of any rights belonging to third parties, including but not limited to authors’ rights and intellectual property rights;
they contain any form of advertising, direct or indirect, for any business, product or service other than the ones offered by the Company.
Any Contribution found violating one or more of the aforementioned provisions will be excluded from the selection in the Casting call.
3.2 Methods of selecting the Testimonial
A specially selected technical jury will appoint the Testimonial among the Candidates who will have submitted a valid Contribution in full accordance to the times and rules hereof specified.
The jury’s judgment will be final, unquestionable, irrevocable, undisputable and binding.
The Candidate selected by the jury will be required to express, within 2 days after they received the official communication of his selection, his full acceptance to take part to the arranged Initiative. Should this not happen, the jury will be allowed and tasked to select a new Testimonial from the Candidates who will have submitted a valid Contribution in full accordance to the times and rules hereof specified.
RIGHTS AND DUTIES OF THE “TESTIMONIAL”
The selected Candidate, who will have made their acceptance to take part in the initiative within 3 days of the official communication, will make themselves available to take part in the Initiative, promoted by the Company in its headquarters of Via dell’Industria, 4/6, Breganze (VI), during which the Material will be produced.
The acceptance of the role of Testimonial implies for the Candidate the free and unconditioned transfer and assignment of any and all rights on the images and videos that will be shot and produced by the Company or any of its affiliates for the purpose of promoting the DIESEL brand through any means of advertising.
The selected Candidate agrees upon acceptance to conduct themselves in a manner that is according with existing laws and regulations and with the spirit of the role as Testimonial for the DIESEL brand, as regulated by a separate terms and conditions between the Candidate and the Company, for 6 months after the initial communication.
Travel expenses to the Company’s headquarters, food and housing pertaining to and for the duration of the initiative will be provided and accounted for by the Company, as regulated by a separate agreement between the Testimonial and the Company upon acceptance of the role
WITHDRAWAL OF THE PROMISE OR ALTERATION OF THE METHODS OF EXECUTION
The Company and its affiliates in the Casting reserve any rights to revoke, withdraw or alter the rules and methods of the present Casting for a legitimate cause, as determined and regulated in the art. 1990 of the Italian Civil Code, informing the promisees in advance with the same or equivalent methods of this communication.
Any modification or update that may alter or revise this document, fully respecting users’ rights as previously stated, will be communicated in advance to the users with the same or equivalent methods of this communication.
PRIVACY AND HANDLING OF PERSONAL DATA
DIESEL S.p.A., in its quality of data controller for the processing of the personal data pertaining to the Casting call, informs that all personal data collected from the Candidates taking part in the Casting will be handled and processed in compliance with Italian laws and protocols, namely Legislative Decree no.196/2003 (Code on personal data protection”, hereinafter referred to as the “Code”), in such a way that guarantees the security and privacy of the abovementioned data, in accordance with the following policy, as per section 13 of the Code.
a) The personal data, object of the processing, are the information that will be collected from the data subjects for the purpose of the participation to the Casting: name, surname, nationality, email address and the personal image of the Candidate. These data will be collected, stored and processed by DIESEL S.p.A. to the purpose of this Casting, as hereof described.
b) The processing of the data will deal with personal data, in accordance to the Code, and will be carried both in automated means and without the help of any electronic instruments, for purposes connected to the assessment and usage - in the forms specified above - of the Contributions, to select a suitable Candidate to take part to the promotional Initiative as Testimonial, and to fulfill any duty and obligation imposed by law pertaining, directly and/or indirectly, for the organization and the execution of the Casting.
c) For the aforementioned purposes, personal data disclosed by the Candidates can be transferred to third parties, in their quality of data processors, involved by DIESEL S.p.A. as affiliates for the promotion and execution of the Casting, through an electronically and/or physically database.
d) Data subjects are free to provide their personal data; this refusal will, however, act as impediment in the pursuit of the aforementioned purposes and will prevent the user from taking part in the Casting, causing the user’s exclusion from the final selection of the Testimonial.
e) DIESEL S.p.A. has taken all the mandatory security measures specified by the Code in its attachment “b” for the purpose of guaranteeing the privacy and safety of all personal data.
f) Personal data, organized in a database, will be kept inside the servers of DIESEL S.p.A. and, according to the methods and needs of promotion and/or execution of the Casting, may be transferred or shared internationally to other companies in the OTB Group, of which DIESEL S.p.A. is part, or to the Company’s affiliates, as specified in paragraph c) of this disclosure, involved in the making of the Casting and the Initiative.
g) The data controller, for the aforementioned purposes, is DIESEL S.p.A., Via dell’Industria 4-6, 36042, Breganze (VI). The data processor is the Chief Marketing Officer within DIESEL S.p.A.
h) In compliance with Italian laws and regulations, namely Legislative Decree no.196/2003, section. 7, the Candidate is entitled to the following rights:
1. “A data subject shall have the right to obtain confirmation as to whether or not personal data concerning him exist, regardless of their being already recorded, and communication of such data in intelligible form. 2. A data subject shall have the right to be informed a) of the source of the personal data; b) of the purposes and methods of the processing; c) of the logic applied to the processing, if the latter is carried out with the help of electronic means; d) of the identification data concerning data controller, data processors and the representative designated as per Section 5(2); and e) of the entities or categories of entity to whom or which the personal data may be communicated and who or which may get to know said data in their capacity as designated representative(s) in the State’s territory, data processor(s) or person(s) in charge of the processing. 3. A data subject shall have the following rights: a) to obtain updating, rectification or, where interested therein, integration of the data; b) to obtain erasure, anonymization or blocking of data that have been processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed; c) to obtain certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected. 4. A data subject shall have the right to object, in whole or in part, a) on legitimate grounds, to the processing of personal data concerning him/her, even though they are relevant to the purpose of the collection; b) to the processing of personal data concerning him/her, where it is carried out for the purpose of sending advertising Materials or direct selling or else for the performance of market or commercial communication surveys”.
Access to the Company’s Facebook page is free and comes at no cost to the user, except any cost that the user may incur in connecting to the internet and downloading the included data as normally charged and deployed by the individual service provider.
All Candidates must provide complete, truthful and exact personal data since the accuracy and truthfulness of the data provided during the registration for the Casting is an essential condition for taking part in the Casting. Any Candidate found in violation of this rule may incur in the full impediment to their participation to the Initiative or in the annulment of their title of Testimonial.
This Casting call is in no way sponsored, promoted, organized, submitted or administered by Facebook, and as such no responsibility will be held against Facebook by the Candidates.
Any question, comment or complaint concerning this Casting will have to be directed to the Company.
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