PROJECT SEA YOU 2021 TERMS AND CONDITIONS

TERMS AND CONDITIONS

Last updated March 1, 2021

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, “as a promo participant” and on behalf of Döhle Seafront Crewing (Manila), Inc. with regards to your participation in “Project Sea You 2021” promotion posted in Döhle Seafront Crewing (Manila), Inc – Authorized Facebook page.

You agree that by joining the said promo, you have read, understood, and agreed to be bound by these Terms and Conditions. If you do not agree, you are expressly prohibited from joining the promotion.

Supplemental terms and conditions or documents that may be posted on the Döhle Seafront Crewing (Manila), Inc – Authorized Facebook page from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.
We will alert you about any changes by updating the “Last Updated” date of these Terms, and you waive any right to receive specific notice of each such change.

It is the participant’s responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subjected to and will be deemed to have been made aware of, and to have accepted the changes in any revisions by your continued participation of the promo after the date such revision is posted.

Accordingly, those persons who choose to participate in the Promo from other locations do so on their initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

DEFINITION OF TERMS

Participant refers to the person who submitted an entry for the “Project Sea You 2021” promotion by the use of his/her Facebook account. It also refers to the person who by any means should not feature any violence, profanity, gambling, or fraudulent act. A Participant should only be valid if the terms and conditions are fulfilled.

The Company refers to Döhle Seafront Crewing (Manila), Inc.

Promo refers to the promotional activity conducted by Döhle Seafront Crewing (Manila), Inc that is publicly posted in the social media channels available to the participants.

Official Facebook Pages shall refer to the official social media channels, Döhle Seafront Crewing (Manila), Inc – Authorized Facebook page, Döhle Seafront Active Seafarers Facebook group, and Döhle Seafront Crew and Family Hub Facebook group where announcements will be posted.

Official Representative refers to the designated entity from Döhle Seafront Crewing (Manila), Inc. that will be assisting in communicating, processing, and delivering the prize/s to the customer to be determined by Facebook Account Vista Marinero.

Content refers to the details or information included in the promo.

Marks refer to the symbol or sign used to represent the Company.

Contributions refer to the information that was shared by the participant or audience.

Submissions refer to any questions, suggestions, or relevant information that was submitted by the participants or audience to the Döhle Seafront Facebook pages.

Notifications refer to the important information about the promo that will be received by either the participant or the official Döhle Seafront representative.

GENERAL GUIDELINES

  1. The Promo is open for all Döhle Seafront seafarers, onboard or ashore, from 18 years old and above from March 1 to November 15, 2021, until further notice. For participants below 18 years old, there should be consent and supervision from his/her parents or guardian.
  2. Participants may submit multiple entries during the duration period. All entries shall be sent through a designated Google Form link and be evaluated by a panel to be announced later on the promotion. Participants must follow the guidelines indicated in the announcement post.
  3. The Official representatives have the right to validate the entries based on the mechanics. Here are the step-by-step procedures to join the promo.
    • The Criteria for judging are the following:
    • Adherence to the guidelines (30%)
    • Photo quality (50%)
    • Concept/Story (20%)
  4. Chosen entries will receive the following prizes:
    • 1 recipient of the special prize in form of goods and other freebies
    • 2 recipients of P2,000 worth of cash or goods
    • Certificates and other prizes
  5. Winners will be announced and posted on October 8, 2021, on the Official Facebook Page(s) and will be instructed by the official representative on the claiming process. All chosen entries will be notified no other than via Dohle Seafront Crewing (Manila), Inc.’s Facebook page, or via e-mail doehleseafrontmanila@gmail.com
  6. Chosen recipients may need to provide proof of entity and profession such as company IDs or seamen’s book. Prizes may be sent through courier or fund transfer services.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the promo’s proprietary property including the mechanics, content, text, and graphics posted on the Facebook page (collectively, the “Content”) are owned or controlled by the company or licensed to the company and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Philippines, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on Facebook Page “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Promo and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to join the promo, you are granted a limited license to access and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the promo content and the marks.

When you submit your entry, you hereby confirm that all personal information stated therein is voluntarily provided for purpose of my participation in Döhle Seafront project tagged as ‘Project See You.’ 

If Döhle Seafront chooses the photos you have submitted, you give your full consent that all personal information, as well as that other information in your entry, may be disclosed or shared, in part or in full, to the Principals, the appropriate personnel, third-party service providers, institutions and general public for lawful purposes concerning this project.

You authorize Döhle Seafront to use this information for any other purpose; provided that such information is anonymized, and no longer covered under the Data Privacy Act of 2012 (R.A. 10173).

You affirm that all information you provided is accurate, true, and correct and understand and acknowledge that the information may be used by Döhle Seafront for this project if it so desires and without further notice to the participant.

You also agree and provide full consent to publish your entries including all personal information stated in any printed and/or electronic materials related to this project. Furthermore, you allow Döhle Seafront to share my photo/s on social media platforms, websites, and reports where applicable. I also understand that these photos are to be saved until the withdrawal of my consent.

CONDITIONS OF PRIZES

Prizes may be claimed in coordination with the official representative only. The official representative will contact the winner before posting the final results on the official Facebook pages. The details of the prizes are specified in the promo announcement posted on official Facebook pages.

PARTICIPANTS’ REPRESENTATIONS

By participating in the Promo, you represent and warrant that:

  1. All information you submit is true, accurate, current, and complete;
  2. You will maintain the accuracy of such information and promptly update such registration information as necessary;
  3. You have the legal capacity and you agree to comply with these Terms of Use;
  4. You are not under the age of 18;
  5. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to participate in the Promo;
  6. You will not participate in the Promo through automated or non-human means, whether through a bot, script, or otherwise;
  7. You will not use the Promo for any illegal or unauthorized purpose;
  8. Your participation in the Promo will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse all current or future participation of the Promo (or any portion thereof).

PROHIBITED ACTIVITIES

You may not participate in the Promo for any purpose other than that for which we make the Promo available. The Promo may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a Participant of the Promo, you agree not to:

  1. systematically retrieve data or other Content from the Facebook Page to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. make any unauthorized participation of the Promo, including collecting usernames and/or email addresses of users by electronic or other means to send unsolicited email, or create user accounts by automated means or under pretenses.
  3. use the Promo announcement to advertise or offer to sell goods and services.
  4. circumvent, disable, or otherwise interfere with security-related features of the Promo, including features that prevent or restrict the use or copying of any Content or enforce limitations on the participation of the Promo and/or the Content contained therein.
  5. engage in unauthorized framing of or linking to the promotion.
  6. trick, defraud, or mislead us and other Participants, especially in any attempt to learn sensitive information;
  7. make improper use of our support services or submit false reports of abuse or misconduct.
  8. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  9. attempt to impersonate other Participants or use the account of another individual.
  10. use any information obtained from Promo to harass, abuse, or harm another person.
  11. use the Promo as part of any effort to compete with us or otherwise use the Promo announcement and/or the Content for any revenue-generating endeavor or commercial enterprise.
  12. decipher, decompile, disassemble, or reverse engineer any of the mechanics comprising or in any way making up a part of the Promo.
  13. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Promo details to you.
  14. delete the copyright or other proprietary rights notice from any Content.
  15. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Promo.
  16. use the Promo mechanics in a manner inconsistent with any applicable laws or regulations.

PARTICIPANTS’ CONTRIBUTIONS

The official representative assigned to facilitate the Promo may invite you to chat, contribute to, or participate in an online survey, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast Content and materials to us, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

Contributions may be viewable by the official representative. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Promo facilitator, to use your Contributions in any manner contemplated by the Promo and these Terms.
  3. you have the written consent, release, and/or permission of each identifiable person in your Contributions to use the name or likeness of each such identifiable person to enable inclusion and use of your Contributions in any manner contemplated by the Promo and these Terms of Use.
  4. your Contributions are not false, inaccurate, or misleading.
  5. your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  9. your Contributions do not violate any applicable law, regulation, or rule.
  10. your Contributions do not violate the privacy or publicity rights of any third party.
  11. your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 sexually or violently.
  12. your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  13. your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  14. your Contributions do not and should not show any violation of the Quarantine protocols set and mandated by the National Government, the Inter-Agency Task Force, and the Local Government Unit that you belong in;
  15. your Contributions does not feature any political figure, political motive, and propagandas and protest;
  16. your Contributions do not and should not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  17. your Contributions do not otherwise violate or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the official Facebook Page where the Promo announcement is posted, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media format and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the official Facebook Page.

You are solely responsible for your Contributions to the Promo and you expressly agree to exonerate us from any responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on Facebook Page; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR ONLINE SURVEY

We may provide you with a link to the online survey to leave comments or ratings. When submitting the survey, you must comply with the following criteria:

  1. your comments or suggestion should not contain references to illegal activity;
  2. you should not be affiliated with competitors if sending negative comments;
  3. you should not make any conclusions as to the legality of conduct;
  4. you may not send any false or misleading statements;

Comments and suggestions coming from our online survey are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners.

By answering the online survey form, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to your comments or rating.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Promo (“Submissions“) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

PROMO MANAGEMENT

We reserve the right, but not the obligation, to:

  1. monitor the Promo for violations of these Terms of Use;
  2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such Participant to law enforcement authorities;
  3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
  4. otherwise manage the Promo in a manner designed to protect our rights and property and to facilitate the proper functioning of the Promo.

PRIVACY POLICY

We care about data privacy and security. By participating in the Promo, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Promo Announcement infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.

Please be advised that under federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to the Promo infringes your copyright, you should consider first contacting an attorney.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you participate in the Promo. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and participation of the Promo (including the request to block the Facebook account), to any person for any reason or no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. we may terminate your entry in the Promo or block [your account and] any Content or information that you posted at any time, without warning, at our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from participating in any other Promos under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS 

We reserve the right to change, modify, or remove the Contents of the Promo at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Promo. We also reserve the right to modify or discontinue all or part of the Promo without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Promo.

We cannot guarantee that the Promo will be available at all times. We may experience problems related to the Promo, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Promo at any time or for any reason without notice to you.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to participate in our Promo during any discontinuance of the Promo. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Promo or to supply any corrections, updates, or releases in connection therewith.

CORRECTIONS

There may be information on the Promo that contains typographical errors, inaccuracies, or omissions, including descriptions, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Promo at any time, without prior notice.

DISCLAIMER

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Promo, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.

  1. errors, mistakes, or inaccuracies of Content and materials,
  2. personal injury or property damage, of any nature whatsoever, resulting from your participation in the Promo,
  3. any interruption or cessation of transmission to or from the Facebook Page,
  4. any errors or omissions in any Content and materials or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, or otherwise made available via Facebook Page relating to the Promo Content.

We make no warranties or representations about the accuracy or completeness of the Promo’s Content and we will assume no liability or responsibility for any:

The Promo is provided on an as-is and as-available basis. you agree that your participation in the Promo will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Promo and your participation thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

LIMITATIONS OF LIABILITY

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your participation of the promo, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the promo duration period before any cause of action arising. Certain local laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

INDEMNIFICATION

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

  1. your Contributions;
  2. participation in the Promo;
  3. breach of these Terms of Use;
  4. any breach of your representations and warranties outlined in these Terms of Use;
  5. your violation of the rights of a third party, including but not limited to intellectual property rights; or
  6. any overt harmful act toward any other Participants of the Promo with whom you connected.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

PARTICIPANTS’ DATA

You agree that there shall be no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

We will maintain certain data that you transmit in participating in the Promo to manage the performance of the Promo. Although we perform routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken in participating in the Promo.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Sending us emails, messaging through Facebook Messenger, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on Facebook Messenger, satisfy any legal requirement that such communication is in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and electronic delivery of notices, policies, and records of transactions initiated or completed by us.

MISCELLANEOUS

You agree that these Terms of Use will not be construed against us by having drafted them. You hereby waive any defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or participation of the Promo.

These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

These Terms of Use and any policies or operating rules posted by us on our Facebook Page where the Promo announcement is also posted constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

CONTACT US 

To resolve a complaint regarding the Promo or to receive further information regarding your participation in the Promo, please contact us at:
Döhle Seafront Crewing (Manila) Inc. Data Privacy Officer at privacy@doehle-seafront.com | Tel. No.: +63 2 7058490

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