Contest Rules for the Initiative Organized by
illycaffè S.p.A. (“illy”) VAT No. 00055180327 – Via Flavia 110, 34147 Trieste – Italy
illy Coffee Music is the illycaffè symphony to thank its growers. You can add your voice if you decide to join the “illy Coffee Music #thanks4thecoffee” initiative (“Your thanks can also become music”), hereinafter referred to as the “Project”, by sending us a voice message of thanks for the growers. If chosen, your "thanks" will be included in a final video to be viewed online by the users.
Participation in the Project and the transmission of the message are subject to the terms and conditions indicated below.
- NO PURCHASE NECESSARY TO ENTER OR WIN.
- A single recording may be sent from each telephone number, with a maximum length of 60 seconds (the “Recording”).
- You must send the Recording solely by WhatsApp to the number 1-914-291-9703. illy assumes no responsibility for any technical malfunctions that may occur during the Project or any Project-related activity. illy assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing (including, without limitation, any such problems which may result in the inability to access WhatsApp). illy is not responsible for any injury or damage to entrants or any other person, or to any computer related to or resulting from participating in the Project. If, for any reason, the Project is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond illy’s control which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Project, illy reserves the right at its sole discretion to cancel, terminate, modify or suspend the Project in whole or in part (including, without limitation, any Project date or deadline). IN NO EVENT WILL ILLY BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS), ARISING OUT OF OR IN CONNECTION WITH THE PROJECT.
- The Recording must be received at the number indicated in point 3 above, only during the period between 28/08/2019 at 12:01AM [EST/CET] and 15/09/2019 at 11:59PM [EST/CET]. No Recordings will be accepted before or after that date.
- The contents of the Recording must regard only your personal expression of "thanks" to the growers in spoken, sung or musical form. Recordings with other contents will be automatically discarded and not admitted to the selection process. Recordings must not, in illy’s sole discretion (a) contain, depict or involve any of the following: (i) obscenity, (ii) crude, vulgar or offensive depictions, language and/or symbols, (iii) with the exception of illy products, any commercial products and/or their trademarks, brands, logos or endorsements, or otherwise prejudicial to the privacy of third parties, (iv) license plates, phone numbers, personal addresses (physical, email or otherwise), (v) derogatory characterizations of any ethnic, racial, gender or religious groups, (vi) threats to others, or (vii) violence or any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by illy, in its sole discretion, or (b) contain any copyrighted works (other than materials owned by the entrant or illy) or any other information, content or materials that infringe the rights of any third party or violate any applicable laws or regulations.
- The contributions sent will be selected by 30/09/2019 by a jury made up of 3 people designated by illy from among persons operating in the marketing sector, in the jury’s sole discretion; their judgment will not be subject to review. The data identifying the authors of the Recordings will not be given to the members of the jury who screen and select the Recordings.
- With the acceptance of these Contest Rules and the transmission of the Recording you expressly warrant that the Recording is original and that you are the sole and exclusive author, owner and right holder of the Recording. You further warrant that the contents of the Recording do not violate any industrial property rights or other third-party rights (merely by way of example, copyrights and/or related rights). Illy will have no liability for any violation of industrial property rights and other rights of yours or third parties. In relation to the warranties provided above, you also hereby expressly agree to indemnify and hold fully harmless illy, and any entities authorized by it, in relation to any liability and prejudice (including, but not limited to, the reimbursement of legal expenses) deriving from any claims brought by third parties, for any reason related to your participation in the Project.
- Any false information provided within the context of the Project by any entrant concerning any information that the entrant provides, including without limitation the entrant’s identity, telephone number, or ownership of rights or entrant’s non-compliance with these Contest Rules may result in the immediate disqualification of the entrant from the Project. illy further reserves the right to disqualify any entrant that it believes, in its sole and unfettered discretion, has infringed upon or violated the rights of any third party or otherwise did not comply with these Contest Rules.
- By accepting these Contest Rules and sending the Recording, you also expressly state that you assign to illy all or your worldwide right, title and interest in and to the Recording, including but not limited to any applications and registrations relating thereto and any renewals and extensions thereof, and in and to all works based upon, derived from, or incorporating the Recording or any part thereof, and in and to all income, royalties, damages, claims and payments now or hereafter due or payable with respect thereto, and in and to all causes of action, either in law or in equity for past, present, or future infringement based on the copyrights, and in and to all rights corresponding to the foregoing throughout the world. Illy may but is not obligated to exploit all of the assigned rights, including the rights to use, edit (severally or in conjunction with other material), share, reproduce, translate, distribute, broadcast, create derivative works of, publicly perform, and publicly display the Recording for any purpose and in any manner whatsoever as illy so chooses in any and all media, now known or hereafter devised, in any and all versions, throughout the universe and in perpetuity, as well as for promotion, merchandising, publicity and advertising. The assigned rights may be exercised directly by illy or by any entities authorized by the same, it being understood that the company may independently identify those third parties, and negotiate with them to determine the conditions, including the financial conditions, for the exercise of the above rights without the obligation to consult you in that regard. In relation to the rights transferred, illy and the authorized third parties will also be free to use single parts or fragments of the Recording and to arrange/assemble the various contents, in full or in part, if it is deemed appropriate for the proper exploitation of the same. Each entrant waives all claims that it may have to its moral rights and rights of attribution and integrity in its submission.
- The Project is in no way sponsored, endorsed or administered by or associated with WhatsApp or Facebook. To the fullest extent permitted by applicable law, each entrant hereby (i) irrevocably waives all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, "Claims") arising directly or indirectly from illy’s exercise of its rights under this Agreement or the production, exhibition, exploitation, advertising, promotion, or other use of the Submission and the rights granted in Section 10, and whether resulting in whole or in part by the negligence of illy, Facebook, WhatsApp or any other person (“Authorized Persons”), (ii) covenants not to make or bring any such Claim against any Authorized Persons, and forever releases and discharge the Authorized Persons from liability under such Claims.
- illy reserves the right at any time to modify, change or revise any part of these Contest Rules. The Project is void where prohibited, taxed or restricted by law. All federal, state and local laws and regulations apply. If any provision(s) of these Contest Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
- This initiative may not be considered a competition/prize contest pursuant to Art. 6, paragraph 1, letters a) and d) of Presidential Decree No. 430 of 26 October 2001.
- The “illy Coffee Music #thanks4thecoffee” initiative (“Your thanks can also become music”), these Contest Rules and their acceptance by you are governed by the laws of Italy, and the Courts of Trieste shall have exclusive jurisdiction to resolve any disputes in regard to their validity, interpretation, implementation and execution.
Last revision, 30 August 2019