In Cordoba on June 9, 2022
The mere participation in this contest, called the “Genially University Awards” (hereafter, the “Contest”), implies knowledge, comprehension and acceptance, without any reservations, of these terms and conditions (hereafter, the “Terms and Conditions”). Therefore, it is recommended that the participants in this contest (hereafter, the “Participants”) read it, as well as the messages, instructions or notices communicated, given that they should meet all of the conditions outlined in them. If the Participants disagree with these stipulations, they should not participate in the Contest organized by Genially.
I. ORGANIZING COMPANY
This contest is being organized by GENIALLY WEB, S.L, with NIF B-56019912 and registered office at Plaza Ramón y Cajal 4 - Planta 4, 14003 Córdoba, Spain (hereafter “Genially" or "the organizing party").
II. OBJECTIVE
The objective of these Terms and Conditions is to regulate the Contest Genially University Awards, framed within a publicity or promotional activity of Genially products, which aims to bring to light the important role new technologies play in education and communication.
We wish to award students who create the best thesis or final year project presentations created with the platform Genial.ly (the Startup organizing the prizes).
III. GEOGRAPHIC SCOPE
The geographic scope of this Contest is Spain, France, Mexico, and Italy.
IV. CONDITIONS OF PARTICIPATION
All natural persons, over the age of 18, who are residents in Spain, France, Mexico, or Italy and who are university or business school students who create or have created their thesis or final year project in 2020-2022 and can demonstrate their situation may participate.
The opportunity to participate is personal and non transferable. The prizes will be given exclusively to the person who has registered to participate in the Contest. The identity of the Participants can be proven or demonstrated at different moments through official documents (National ID, Passport, Driver’s License, email, etc.) Similarly, Genially could require that Participants demonstrate their university student status.
Said student should fill out a short entry form with their name (pseudonyms are not permitted) and present their work as a Genially creation within the timeframe allotted for it. Only one genially will be accepted per person and per thesis or final year project.
Participation in the Contest will be entirely free. Participants do not have to make any kind of purchase to obtain a prize.
The persons who have been involved in its organization, the employees of Genially, of any of the companies of its corporate group, or of any company linked to Genially, of the advertising agencies or entities collaborating in the organization of the Contest, or their relatives, ascendants, descendants, spouses or common-law partners, up to the second degree of consanguinity or affinity may not enter the Contest.
Likewise, people who are Ambassadors of Genially may not participate in the Contest.
The explicit acceptance of these Terms and Conditions is a necessary condition to be able to participate and obtain the prizes. The Participant accepts this Legal Bases by participating in the Contest.
Infringement by any Participant of the conditions established in these Terms and Conditions will result in the automatic annulment of their participation. Likewise, any false indication or indication of a fake identity, multiple participants or fraude will result in the immediate disqualification of the Participant and the obligation that they return the prizes in the case that they had already been given.
Genially reserves the right to exclude any candidate that clearly infringes upon any of the criteria for participation or that attacks fundamental social and cultural values through any of the means available for the Contest.
V. PRIZES
A total of 20 winners (hereafter, the “Winners”) will be chosen, adhering to the criteria established in clause VII. The Winners will have the right to obtain the following prizes (hereafter, the “Prizes”).
- First Prize: iPhone 13, 128 GB, and one year of a Master plan.
- Second Prize: iPad Mini, 64 GB, and 6 months of a Pro plan.
- Third Prize:: AirPods generation 3a and 6 months of a Pro plan.
- Fourth Prize through the twentieth : 6 months of a Pro plan.
The Prizes cannot be, in any circumstance, exchanged for their monetary value.
The obtaining of a Prize will not result, in any circumstance, in the reimbursement and cancellation of the Subscription plan the Winner, in the case that they had one, had when they participated. If the Winner already had a Genially Subscription Plan, a second account associated with an email chosen by the Winner would be activated, with the requirement that this email be different from the one associated with their previous Subscription Plan.
VI. TIMELINE
- Contest announcement: 9 June 2022
- Deadline to turn in presentations: Until 4 July 2022
- Choosing of the Winners: From 5 July until 20 July 2022
- Publication of the Winners: 21 July 2022
VII. SELECTION AND EVALUATION PROCESS
Once the entry form is completed, the link of the presentation made in "Genial.ly" must be attached. This presentation does not necessarily have to be the same as the one used for the oral presentation at the school, it can be adapted if there is sensitive information that you prefer not to share. Only one application per Participant may be submitted.
After this process, the Participant will be able to take part in the Contest and be eligible for the Prizes described in the prizes section.
A. Evaluation Criteria
The Prize will be awarded to the 20 candidates who present the best projects according to the criteria of the Contest organizers. Specifically, the evaluation criteria will be:
1. Criteria related to the use of Genially
- Relevant and diversified use of animations
- Relevant and diversified use of interactivity
- Quality and intelligent positioning of integrations
- Balanced distribution of text and images
- Overall design consistency
- Achievement of the WOW EFFECT
- Page limit respected (maximum length 15 pages)
2. Criteria related to the content
- Intrinsic logic of the content
- Organization of the presentation
These criteria are detailed in the evaluation rubric that will be used to evaluate each genially submitted to the Contest. The rubric can be consulted at this link https://view.genial.ly/62948a2a933a3a001838c27d
B. Adjudication
The Awards will be officially announced on July 21st on Genially's broadcasting channels. Each candidate will have a period of 30 days from that day to accept the Awards through formal electronic consent. In order to receive the Award, the Participant will have to present their registration.
If the winner renounces any of the prizes, the organization party of the Contest may decide whether to award it to the next finalist or declare it void.
Genially reserves the right to exclude participants who make fraudulent use of the means of participation or project evaluation.
VIII. CONSENT
All contestants authorize the organizers to use their name and image, as well as those of any persons who may eventually intervene in the digital educational content resources submitted to the Contest, assuming the obligation to obtain the express consent of such participants for the incorporation of their image in the resources submitted to the Contest.
The contestants give Genially the sharing rights to the presentations created within the framework of the Contest necessary for the reproduction, publication or communication through any media or format and support, without having to pay compensation for it. In any case, Genially will make reference to the name of the author(s) of the corresponding project. However, the participation in the contest does not imply any cession of the intellectual property of the contents gathered in the presentations.
The contestants guarantee the authorship and originality of the digital educational content resources and the peaceful exercise of the rights over them, assuming full responsibility for any claims that, in this sense, could be made by third parties, including those arising from a breach of the legislation on honor, privacy, libel and slander or image rights. In this respect, the contestants are responsible towards Genially for all the pecuniary charges that could be derived in favor of third parties on the occasion of actions, claims or conflicts derived from the non-fulfillment of these guarantees.
Genially reserves the right to change, suspend or cancel the Contest or the promotion based on the needs of the promotion and in accordance with the publicity issued. The decision of the organization will in no case affect the rights of the Participants who have already won.
By participating, the contestants accept these rules and the criteria of the organizers for the resolution of any controversy that may arise in relation to the development of the Contest. In the event of any dispute that must be settled by the courts, the parties, waiving their own jurisdiction, expressly submit to the Courts and Tribunals of Cordoba (Spain).
IX. PLATFORM
The Contest will be conducted through Genially and Typeform (the latter, hereinafter referred to as the "Platform"), therefore the Participant users are obliged to respect the terms and conditions established by the owners of this Platform in relation to the registration and use of the Platform, as well as in relation to the privacy policy, data protection and intellectual property.
Genially will be exonerated from any responsibility derived from the contents or comments emitted by the Participants through the Platform, either because they infringe image rights, personal data protection rights or intellectual or industrial property rights of third parties.
Likewise, Genially does not guarantee the availability, continuity or infallibility of the functioning of the Platform used to develop the Contest and, consequently, excludes, to the maximum extent permitted by the current legislation, any liability for damages of any nature that may be due to the lack of availability, continuity or malfunction of the Platform that could affect or prevent the participation in the present Contest and/or its normal development.
X. IMAGE RIGHTS AND SHARING OF THE NAMES AND SURNAMES
The Winners expressly authorize and consent by the fact of participating in the present Contest to Genially, to reproduce, use, publish and share, their image and their name and surname in any communication channel, including the internet and Genially's social networks, without geographical or temporal limitation, for advertising and promotional purposes exclusively in relation to their condition as Winners of the present Contest, without such activities conferring them any right of remuneration or benefit, with the exception of the delivery of the Prizes obtained in accordance with these Terms and Conditions.
In case of having provided the image of a third party, the Winners declare that they have the express consent and authorization of said third party for the use of their image by Genially, according to what is indicated in the present clause.
XI. INTELLECTUAL PROPERTY RIGHTS
Each Participant in the Contest guarantees Genially to be the author and owner of all rights, both intellectual and industrial property rights derived from, included or used in the works submitted to Genially. Genially will not be held responsible for any breach of any rule or any infringement of third party rights made by the Participants in the framework of the Contest, and the Participants assume the obligation of maintaining Genially unharmed in such a case. In particular, the Participants will not be allowed to reproduce logos, characters or other elements protected by intellectual or industrial property rights of third parties in their works.
If Genially, at its sole discretion, considers that a creation submitted to the Contest by a Participant contains elements protected by intellectual or industrial property rights of third parties, Genially may disregard the creation when selecting the Winners of the Contest. In any case, the Participant will be the only party responsible for any claims made in case his/her creation violates third party rights, with Genially being exempted from any liability and the Participant being obliged to maintain Genially unharmed and to answer for all damages caused both to Genially and to the third party whose rights have been infringed.
The Participants in the Contest assign to Genially, without the right to any economic consideration, the exploitation rights of the submitted works, including the rights of use, sharing, distribution, exhibition, public communication, disclosure and reproduction of the same, as well as the right of transformation to the extent necessary to adapt them to the editorial, advertising or promotional needs of Genially.
The above mentioned cession is made, in a non-exclusive way, without geographical or temporal limitation, to Genially, for its use in any means of distribution and communication, in particular via the Internet and Genially's social networks, with advertising and promotional purposes, and without any compensation. Genially is entitled, but not obliged, to carry out the edition, distribution or publication of the winning works or of the ones submitted.
By accepting the Prizes, the Winners automatically consent to the use by Genially of their name and surname, as well as of their image, and of the work submitted, in the terms indicated in the present clause and in the previous one.
Furthermore, the Winners authorize Genially to use any statement made about the Contest and the Prizes in the publicity material linked to the same without limitation of media or support or temporal or territorial space.
The contents of Genially's Applications and Websites (including, but not limited to, their source code, trademarks, images, icons, designs and general presentation) are protected, in accordance with Spanish, European Community and international regulations, by copyrights, trademarks and other intellectual and industrial property rights owned by Genially, by companies of its group or by third parties. The access to these Applications and Websites of Genially does not in any case confer, nor can it be interpreted as authorization or license of any kind on such contents and rights. The Participants expressly recognize that they do not acquire by virtue of the present Contest any rights to the contents, the brands, the logos, the denominations or any other elements owned by Genially, which will remain the exclusive property of Genially.
XII. DATA PROTECTION
In accordance with the provisions of Regulation (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free circulation of such data and repealing Directive 95/46/EC, as well as the Organic Law 3/2018 of 5 December, on the Protection of Personal Data and guarantee of digital rights, we inform you that Genially will process your data as the entity responsible for the processing of personal data. In this sense, we inform you:
XII.I. PURPOSE OF DATA PROCESSING
The personal data that you provide for your participation in the Contest
(such as name, surname, postal and e-mail address), as well as those provided in the future as a result of its development, will be incorporated into a register of processing activities owned by Genially for the following purposes:
- Manage the Contest and/or your participation in it, as well as provide information so that your participation in the promotion complies with the provisions of the Terms and Conditions regulating it.
- Verify the non-existence of fraudulent actions or participation or those contrary to the Terms and Conditions and Regulations of the Contest.
- Manage the delivery and/or facilitate the access to the Prize awarded to the Winners.
- Manage the publicity and transparency of the Contest and its result in any form in which the name and image of the Winners may be included, always with the possibility of revoking, through the means provided for this purpose, their authorization for the use of their image.
- To comply with the legal and/or fiscal obligations that may correspond to Genially as organizer of the Contest.
XII.II. Time periods for the conservation of personal data
The personal data of the Participants will be kept for the duration of the relationship between you and Genially, as long as the Participant does not request their deletion and they should not be deleted because they are necessary for the fulfillment of a legal obligation or for the formulation, exercise and defense of claims.
If the Participant exercises the rights of cancellation or deletion, his/her data will be kept blocked at the disposal of the Administration of Justice for the legally established periods of time in order to attend to possible liabilities arising from the processing of personal data.
XII.III. Legitimacy for data processing
The legitimacy for the processing done is based on:
- The Participant has provided his/her personal data to participate in the Contest, and therefore its processing is necessary for the maintenance of said relationship.
- Legal obligations applicable to Genially, which require the processing of personal data in accordance with the services provided, such as those related to tax matters.
- The consent, given by the Participant by entering the Contest and the acceptance of these Terms and Conditions and Genially's Privacy Policy.
XII.IV. Source of personal data
The personal data to be processed by Genially for the participation in the Contest have been provided directly by the Participant (name, surname, address, contact details, etc.). The Participant is responsible for their accuracy. If the personal data of the Winners are untrue, false, incomplete or not updated in such a way that the identification of the Winners is impossible by reasonable means, Genially reserves the right to disqualify the Participant and will not be held responsible in this respect.
In no case will data be collected from third parties outside the user him/herself.
XII.V. Disclosures and recipients of personal data
All the transfers of personal data that Genially may eventually carry out are necessary for the fulfillment of the indicated purposes, or are carried out to comply with a legal obligation, with respect to the following Companies and Public Bodies:
- Public Administrations and the Administration of Justice.
- Companies and entities collaborating with Genially, for the organization, management and/or promotion of the Contest.
- Notaries and registrars.
XII.VI. Rights of the Participants
The Participant can exercise before Genially, if applicable, the rights of access, rectification or suppression, limitation of processing, opposition, portability and to oppose automated individual decisions at the e-mail address support@genially.com or at the registered office indicated in the heading of these Terms and Conditions.
Likewise, the Participant may file a complaint with the Spanish Data Protection Agency www.aepd.es. For further information on the processing of personal data carried out by Genially, the Participant is provided with the following information: Privacy Policy.
XIII. GENERAL CONSIDERATIONS
The Prizes of this Contest cannot be redeemed for their monetary value nor can they be traded, altered, compensated or transferred by request of the Winners.
Genially reserves the right to substitute, if for a justified reason, the Prizes for others of similar characteristics and of the same or of higher value. Genially can modify, interrupt, deactivate, and/or cancel the Contest if circumstances of Force Majeure arise that impede its completion.
Genially assumes no responsibility for possible losses, impairments, robberies, delays or any other circumstances attributable to third parties that could affect the development of the Contest or the sending of the Prizes.
Genially assumes no responsibility for the damages of any nature that may be due to the temporary lack of availability or continuity of the operation of the services through which a person participates in the promotion, to the satisfaction of the usefulness that users may have attributed to them, and in particular, although not exclusively, to failures in accessing the different pages and sending participation responses through the Internet.
The Winners exempt Genially from any responsibility derived from any damages they might suffer while using the Prizes given through this Contest.
Genially reserves the right to make chances that redound to the success of the Contest when there is just cause or reasons of Force Majeure that prevent it from being carried out in the manner set forth in these Terms and Conditions.
Genially reserves the right to postpone or extend the period of the Contest, as well as the right to interpret the present Terms and Conditions. Genially reserves the right to take legal action against those persons who carry out any kind of act that could be considered as manipulation or falsification of the Contest.
The period established for any possible claim is of 15 working days from the end of the Contest, so that once this period has elapsed, no claim related to the present Contest will be attended. Incidents arising from this Contest should be managed and resolved through the e-mail address support@genially.com.
XIV. TAXATION
All the relevant fiscal provisions according to the Spanish legislation in force, which the Winners commit to fulfilling, will be applied to the Prizes of this Contest.
XV. APPLICABLE LAW AND RESOLUTION OF CONFLICTS
In the case of any controversy or conflict related to the Contest, it will be resolved in conformance with the applicable Spanish regulations with the courts of the Participant’s domicile being the ones able to settle said controversy or conflict.
Genially Web, S.L.