This Promotion is open to people aged 21 and over only, excluding employees of The Absolut Company (“The Promoter”), their families, agents or anyone else professionally connected with this promotion.
To participate: Download the Malibu Sun Lens Application (“Application”) from either the iPhone AppStore or the Android Marketplace and pass through the age verification gate when you first open the Application. Use the Application to create a GIF (2, 4 or 8 frames) of the subject of your choice using the Malibu Sunshine Lens. You can either create content for the Sunshine Project (administered by Malibu) or for your own personal use (not administered by Malibu).
No Purchase Necessary. No reward of any kind for inclusion in any aspect of this promotion.
Sunshine Project Animation: create an animated GIF of 2, 4 or 8 frames, complete the required personal information, and press “submit” on the Application home screen. Your submission will automatically be sent to the Sunshine Project moderators. Your submission will be moderated and if it complies with the requirements set out in these terms and conditions (at clauses 11 and 12) it will be incorporated into the global film “the Sunshine Project”, which is viewable at www.malibu-rum.com/sunshine. You will be sent a link to the film if your Sunshine Project Animation is successfully included in the Sunshine Project.
Personal Animation: Create a GIF (of up to 50 frames) for your own personal use. You may share personal animations that you create with the Malibu Sun Lens application to Facebook, Twitter, Tumblr and via email from the Application. When you share your personal animation on a social media site, ownership and rights of use of your personal animation will be as set out in the terms and conditions of that particular site. When submitting content to Facebook and email you will be sharing via a 3rd party image platform IMGUR.
Sharing your Personal Animation with Malibu: You may also share your personal animation GIF with Malibu by email from the application.If you share your personal animation GIF with Malibu it will be moderated in accordance with clause 12 and Malibu may use your personal animation on its social media channels such as Facebook. In the event Malibu uses your personal animation GIF in this way, the ownership is as set out in clause 13.
The Promoter and its agencies will not be responsible for any registrations or submissions not received, recognised or delayed. Proof of sending or entering such details does not constitute receipt. The Promoter will not be liable for a person missing an upload due to system failures, network error, site down-time, hacks on the system, personal computer, or mobile phone handset or network malfunction.
Content: You acknowledge and agree to take full responsibility for your Sunshine Project Animation and/ or your Personal Animation and you further warrant, by submitting it:
- is your original work without any other third party’s material;
- does not infringe or violate the rights of any third party, including but not limited to, ownership, copyrights, trademarks, patents, logos, licensing rights, rights of publicity or privacy or any other intellectual property rights;
- all people appearing in the Animation have consented to their images appearing in the Animation; in the case of a Sunshine Project Animation, consent to their images appearing in the global film; or in the case of email submission to Malibu, consent to their images being used by Malibu as set out in clause 7;
- does not contain any content that is likely to be considered offensive by The Promoter or could reflect negatively the name, reputation, or goodwill of the Promoter.
- conforms to all the requirements of these Terms & Conditions.
Moderation:All GIFs submitted to the Sunshine Project or sent to Malibu direct are subject to moderation. The Promoter has the absolute discretion to upload or not upload or to remove any content already uploaded without giving reasons or recourse for its decision. Your GIF will be rejected if it:
- includes images, moving or still, of anyone who is or appears to be under the age of 25;
- includes trademarks, logos, or copyrighted material not owned by you or used without the right holder's prior written permission (including famous names, company names, etc.);
- includes the names, likenesses, photographs, videos or similar of any individual without their express permission;
- includes any reference to any public figures;
- contains profanity, sexual content; content promoting alcohol, illegal drugs, tobacco, firearms, weapons or hateful content of any kind (including racism, sexism, etc.); content that promotes violence or harm or any other offensive, obscene, or inappropriate content as defined at the sole discretion of the Promoter.;
- defames, misrepresents, or insults other people or companies, including, but not limited to the Promoter or its partners;
- makes threats of any kind or that intimidates or bullies anyone;
- promotes any political agenda;
- glorifies the alcohol strength, high alcohol content or intoxicating effect of a drink;
- associates alcohol with bravado or violent, aggressive, dangerous, anti-social behavior, social success or popularity;
- suggests that drinking can lead to sexual success or increased mental or physical performance;
- suggests any association with, acceptance of or allusion to illicit drugs;
- encourages illegal immoderate or irresponsible drinking or “down-in-one” consumption;
- has particular appeal to those under the legal purchase age for alcohol; or
- contains any content that is likely to be considered offensive by the Promoter or could reflect negatively the name, reputation, or goodwill of the Promoter.
Rights in Sunshine Project Animations GIFs or Personal Animations submitted to Malibu: participants hereby grant the Promoter and its agents a royalty-free exclusive license in perpetuity throughout the world, to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, grant sublicenses, adapt, publish, exploit, and use the submissions in any and all media, in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation.
The Promoter will not be liable for any delayed or non-delivery of emails to or from participants.
The Promoter cannot accept responsibility for any technical or other problems that mean participation is impossible or delayed, or submissions are not received by the Promoter for any reason whatsoever.
The Promoter does not guarantee continuous, uninterrupted or secure access to the Website. Numerous factors outside of the control of the Promoter may interfere with the operation of the website. To the extent permissible by law the Promoter exclude all implied warranties, conditions and other implied terms.
If there is any reason to believe that there has been a breach of these terms and conditions, by you, we may, at our sole discretion, refuse to process your submission.
Any attempt to deliberately damage the Sunshine Project or the information on it, or to otherwise undermine the legitimate operation of the promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law.
There is no direct charge for participating in the Sunshine Project. However you may incur charges for internet access, and such costs are your sole responsibility.
If the Sunshine Project or the App is not capable of running as planned the Promoter reserves the right to cancel, terminate, modify or suspend all or part of it. This includes but is not limited to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of the Promoter.
The decision of the Promoter shall be final and binding and no correspondence will be entered into.
By participating in the promotion, to the extent permissible by law you, the entrant, hereby release the Promoter from any and all claims, damages or liabilities arising from or relating to your participation in the Sunshine Project. Nothing in this clause shall act so as to exclude the Promoter’s liability for death or personal injury as a result of its negligence, The Promoter is not liable in the event that any portion of the Sunshine Project is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a "Force Majeure Event").
All third party trademarks are the property of their relevant owners. All rights reserved.
This promotion is governed by the laws of Sweden.
Promoter: The Absolut Company, 11797 Stockholm, Sweden.