BENQ AMERICA CORP

NO PURCHASE IS NECESSARY TO ENTER OR WIN IN THIS COMPETITION. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  Participants must be 18 years of age or older and be residents in the continental United States, Hawaii, Alaska, and Canada (excluding Quebec).  BenQ employees and their immediate families are not eligible to participate in this Contest.  The Contest is void wherever restricted or prohibited by law.

The Contest starts on February 4, 2024 at 12:01 AM CST and ends on March 15, 2024, at 11:59 PM CST (the “Term”). Any entry that is not submitted by the deadline (for any reason whatsoever, including technical difficulties of any nature), that is incomplete, illegible or that does not comply with these Term and Conditions will be automatically disqualified. 

BenQ reserves the right to terminate the Contest at any time at its sole discretion.  In which case no prizes will be awarded and none of the entries will be used by BenQ.

1.           Download the BenQ “AQCOLOR Logo” and insert the logo onto your composed image (“Image”)

2.           Upload the Image onto your Instagram profile and a brief description of what this “Mindful Moment” means to you

3.           Add to the post:

#BenQMoments #AQCOLOR

Follow and tag @benqnorthamerica on Instagram

4.           Have your post and profile public and viewable

5.           Submissions must be in a 1080 x 1080 or 1:1 aspect ratio

6.           Only one (1) entry is allowed for each Participant.

7.           Jointly created Images are not allowed, and entries on behalf of another person will not be accepted.

In addition to the above, the Image must be a single original work created by the Participant, and cannot contain a visible name, brand, or logo of any company other than the BenQ “AQCOLOR Logo.”  The Image cannot infringe on the intellectual property rights of a third party including but not limited to copyrights, trademarks, property, or a person’s image rights of someone other than you. The Image must be free of any claims or possible claims or interests by any third parties. AI generated images (all or in part) will not qualify.

Three (3) winning Images will be selected by a panel of three (3) BenQ brand ambassadors selected by BenQ (“Judges”) who will use the criteria listed below on March 16^th, 2024. Each category will be graded on a scale of 0-5, with 5 being the highest score per category. Furthermore, the winners will be selected and ranked based on the average scores graded by the Judges.  In the event of a tie, the score from the “most well-composed” category will be used as tie breaker. 

1.      The most well-composed;

2.      Artistic set-up;

3.      Original image that evokes the best interpretation of the theme “AQCOLOR Mindful Moments

The scores and winner’s selection will rest in the exclusive and unappealable discretion of the Judges.

To claim a prize, winners must provide the working file of their Contest entry. Failure to do so will result in the disqualification of the Image, forfeiture of the prize and, at BenQ’s discretion. the selection of a new winner.

• First Place:

o   One (1) BenQ SW321C monitor [MSRP: US$1,899.99] or a cash prize of US$1,000 in a form of cashier check at winner’s discretion.

• Second Place:

o   One (1) BenQ SW272U Monitor [MSRP: US$1,499.99] or a cash prize of US$800 in a form of cashier check at winner’s discretion.

• Third Place:

o   One (1) BenQ SW272Q Monitor [MSRP: US$799.99] or a cash prize of US$500 in a form of cashier check at winner’s discretion.

The prizes are non-exchangeable, non-transferable, not redeemable for credit, services, or other items.  BenQ reserves the right to substitute a Prize of equal or greater value.  The winning Participants are responsible for any tax that may result from their receipt of a prize.

In consideration for participating in the Contest, being awarded the Prizes obtained from the winning Image, each winning Participant, individually, to the full extent allowed by applicable law, herein irrevocably grants to BenQ and its affiliated BenQ companies (collectively “BenQ” for purposes of this provision) without further compensation, a non-exclusive, royalty free, perpetual, and worldwide license, without any restrictions of any nature, for BenQ use of the wining Images, as well as the winning Participant’s name, photo and likeness (except for Tennessee residents and any other jurisdictions where prohibited), in BenQ’s promotion, marketing, distribution and sale of BenQ products and general commercial exploitation thereof in any media, whether known now or created at a later time, including without limitation, broadcast, digital media, social media, BenQ websites, online, printed media, texts, emails, and marketing and promotional items and events.  BenQ will have the right to edit, adjust and change the Image as it may deem appropriate in its sole discretion.  In the event of a third party infringement or claim of rights arises, Participant will defend, indemnify, and hold harmless BenQ and its BenQ affiliates against such claims, including lawsuits or actions of any nature and any related damages, awards, costs, and any other liability of any nature.  

The winners will be announced on Instagram @benqnorthamerica page, and will be notified on Instagram via Direct Message and email on March 22nd, 2024.  The winners will have three (3) days from the time being notified to claim/select the prizes, submit the working files of their winning Images, and provide their information for the shipping of the prizes.

In order to claim the prize, the potential winner may be required, at BenQ’s sole discretion, to also submit within the aforementioned three (3) days, a copy of a valid picture identification (driver’s license, passport or a state or federal agency issued ID) and to complete an affidavit or declaration of eligibility to participate in the Contest (the “Forms”) which must be signed and returned to BenQ.

If a winner fails to respond to the notification within the required time period, fails to execute and return the Forms within the required time period, is not otherwise in compliance with these Terms and Conditions, or the prize notification or prize is returned as undeliverable, such winner will be deemed disqualified with prize forfeited.  If the winner is disqualified for any reason, BenQ will at its sole discretion select another winner in accordance with these Terms and Conditions, or allow the applicable prize will remain un-awarded.

All winning claims will be subject to the BenQ’s review and confirmation.  BenQ in its sole discretion will make the final determination regarding the winning Images.  A list of winners also can be obtained by contacting matt.nakapakorn@benq.com no later than April 30^th, 2024. 

Prizes will only be delivered to a valid physical address in the continental United States, Hawaii, Alaska or Canada (excluding Quebec). P.O. boxes will not be accepted as valid addresses. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by BenQ, other than the applicable manufacturer’s product warranty on monitors. Allow 4-6 weeks after verification of winner status and for the receipt of a prize.

Any unethical, discriminatory, abusive, obscene, lewd, threatening, or insulting behavior in any form or manner, or communication by a Participant during the Contest or toward any Participant or Promoter staff will result in the immediate disqualification, including but not limited to the following:

• Participant usernames cannot include any defamatory, obscene, vulgar, profane, repulsive, or offensive words, phrases, or inferences.

• The Image may not contain obscene, provocative, defamatory, sexually explicit, discriminatory (based on race, gender, religion, nationality, disability, sexual orientation, or age), racist, bigoted, slanderous, libelous, or otherwise objectionable or inappropriate content. 

• Illegible, false, altered, reconstructed, forged, or tampered Contest entries, as well as Images that were automatically generated by AI or any software or completed by third parties, will be disqualified.

• The submitted Image is not an original work.

BenQ reserves the right to determine a violation of any of the above, or any other Contest Term or Condition, in its exclusive and unappealable discretion.  Furthermore, BenQ reserves the right to restrict or cancel any entry to the Contest and/or the eligibility for awarding a prize if in BenQ’s opinion and sole discretion a Participant carries out any actual or anticipated breach of any applicable law or regulation, or otherwise violates any of these Terms and Conditions, or commits or is suspected of fraud or misrepresentation.

BenQ not be liable for the lack of accuracy, completeness, and security of any data input or output, content, or services not offered by BenQ, or any loss or damage to a Participant’s (or any other person’s) account, devices, data, or virtual properties related to or resulting from participating in the Contest, including but not limited to downloading any materials, delivery failure, equipment failure, and technical malfunction of systems, satellites, networks, internet connectivity, servers, computer hardware, or software.

Participants are responsible for implementing sufficient procedures and precautions to satisfy their particular requirements for anti-virus protection and accuracy of data, and preservation and reconstruction of lost data. BenQ assumes no responsibility, and will not be held liable for, any conduct or statement by any Participant.

PEACH INDIVIDUAL ARTICIPANT HEREIN AGREES THAT IN NO EVENT OR CIRCUMSTANCES WILL BENQ, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, OR BENQ INFLUENCERS (COLLECTIVELY THE “BENQ PARTIES”), BE LIABLE FOR CLAIMS, DAMAGES OR LIABILITY OF ANY KIND, UNDER ANY LEGAL THEORY, CAUSE OF ACTION OR NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THE PARTICIPATION OF, OR INABILITY TO PARTICIPATE IN, THE EVENT, AT ANY TIME AND FOR ANY PERIOD, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGE TO PROPERTY, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER BASED ON TORT, NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF THE BENQ PARTIES MAY HAVE BEEN ADVISED ACCORDINGLY.

This Event is in no way sponsored, administered, or associated with Instagram.

BenQ reserves the right to, at any time, revise or update these Terms and Conditions, and to modify or discontinue, temporarily or permanently, the Contest with or without reason, including without limitation due to any human error, technical failure, or force majeure. Any change to the Terms and Conditions or the Contest will be published on BenQ’s websites and/or social media accounts. Continued participation by Participants following such changes means the acceptance of such changes.

The authorized Instagram account holder at time of entry will be deemed to be the legitimate Participant. The "authorized account holder" is the natural person to whom an Instagram account is assigned. Each Participant may be required to show proof of being the authorized account holder. In case of a dispute, the decision of BenQ is final. 

Each Participant individually agrees that any personal information provided by them will be: (a) processed in accordance with the BenQ Privacy Policy, which is available at https://www.benq.com/en-us/policy/privacy-policy.html; (b) used under the Terms and Conditions of the Contest, and (c) used by the Promoter and their respective agents and suppliers to administer the Contest and to enable BenQ to publicize the Contest in any media. Participants herein consent to BenQ’s use and disclosure of such data in compliance with the Privacy Policy and these Terms and Conditions.

By entering this Contest, each participant agrees, without limitation, to release and hold harmless BenQ America Corp., its affiliates, licensees, franchisees, subsidiaries, advertising, promotion agencies, influencers, consultants, their respective employees and agents, and Instagram, from any and all liability for any injuries, loss, or damage of any kind in connection with this Contest or acceptance and use of a prize won.  By acceptance of a prize, the winner further agrees to BenQ’s use of his/her name, photo, and/or likeness for the purposes of advertising, trade, or promotion without further compensation (Tennessee residents excepted and any other jurisdictions where prohibited), unless prohibited by law. Every entrant declares and guarantees to be the rightful author of the Image and information she/he provides to BenQ.

The Contest Terms and Conditions, the Forms, BenQ Privacy Policy and any document that are part of any of the foregoing, constitute the sole and entire agreement between the Participants and BenQ regarding the Contest and supersede all prior and contemporaneous, written, and oral, understandings, agreements, representations, and statements.

No waiver of any kind by BenQ, including without limitation any Terms or Conditions or applicable law will be deemed valid unless it is in writing and signed by BenQ.  Moreover, any further or continuing waiver of such Term or Condition or a waiver of any other Term or Condition, and any failure of BenQ to assert a right or provision hereunder will not constitute a subsequent waiver of such right or provision.

If any of the Terms and Conditions is held to be invalid by a court or other tribunal of competent jurisdiction, or unenforceable for any reason, such provision will be eliminated or limited to its minimal enforceable extent, while all remaining provisions of the Terms and Conditions will continue in full force and effect.

Any disputes hereunder will be adjudicated under the laws of the State of California and Participants agree to submit to the jurisdiction of the courts in Orange County, California and specifically waive any rights to any other jurisdiction or venue. The prevailing party will be awarded attorney’s fees.

Please contact the BenQ Support Team with any questions at this email address: BenQSupport.US@BenQ.com