Xperia Ear Duo Award

Xperia Ear Duo PRIZE SPECIAL PROVISIONS

These special provisions (hereinafter, “the Special Provisions”) shall specify the terms and conditions pertaining to applications for the Xperia Ear Duo Prize (hereinafter referred to as “the Prize”) that AA Co. (hereinafter referred to as “the Company”) provides and the awarding thereof between customers that apply for the Prize (hereinafter referred to as “Applicants”) and the Company. The Special Provisions shall apply to Applicants for the Prize along with the LINE BOOT AWARDS Participation Agreement for which consent is required from Applicants when participating in the LINE BOOT AWARDS.

  1. Consent to the Special Provisions 1.1. Applicants shall apply for the Prize in accordance with the terms and conditions stated in the Special Provisions. Applicants may make no application without granting valid and irrevocable consent to these Provisions. 1.2. By making actual application for the Prize, Applicants shall be deemed as having granted valid and irrevocable consent to these Provisions.

  2. Handling of Prize-Winning Works 2.1. Creative works submitted by Applicants for the Prize shall be referred to herein as “Submitted Creations” (referring to documentation, sketches, diagrams, 3D data, CG data, photographs, audio recordings, video, software, hardware, and any and all other work products created and submitted by Applicants for the Prize), and creative works among the “Submitted Creations” that win the Prize shall be referred to hereinbelow as “Prize-Winning Creations.” 2.2. In cases where Applicants wish to make Submitted Creations or Prize-Winning Creations available for commercial sale or service, Applicants shall grant the Company or companies affiliated with the Company as designated by the Company (hereinafter referred to as “the Company Group”) the right of first refusal with respect to negotiations, and while the outcome of such negotiations remains uncertain shall not pursue any commercial sale or service of Submitted Creations or Prize-Winning Creations themselves or with any third parties. If negotiations with the Company Group result in a decision to forego any commercial sale or service of Submitted Creations or Prize-Winning Creations, any action such as the transfer, furnishing, or public release of Submitted Creations or Prize-Winning Creations by Applicants shall be subject to prior written consent from the Company. The Company shall promptly reply to any expressions of desire by Applicants for such transfer, furnishing, public release and the like. 2.3.Notwithstanding the provisions of the preceding paragraph, once it is confirmed that the submission is not considered for an award, the applicant can freely commercialize or develop a service of the submitted work without the Company's consent. However, in that case, the Company will not be obliged to offer any support or permission of rights to applicants.

  3. Alteration of the Special Provisions 3.1. The Company may modify the particulars of the Special Provisions without giving prior notice. 3.2. If the Company alters the Special Provisions according the preceding paragraph, Applicants shall be deemed to have granted consent to such alterations by continuing to make application for the Prize after the fact (if application has already been made, including continuing to keep such application in effect), and the post-alteration Special Provisions are applicable.

  4. Separability If some of the Special Provisions are judged to be invalid under applicable laws and ordinances, the provisions of sections other than those found to be invalid will continue to remain in force. Moreover, invalid sections shall be revised to the extent that is minimally necessary to render them effective, and they shall be interpreted in a manner that maximally ensures their intended legal and economic effect.

  5. Language The original version of the Special Provisions shall be the Japanese language, and if there is any conflict between the Japanese language version and a translated version hereof, the Japanese language version shall take precedence.

  6. Governing Law and Jurisdiction The Special Provisions shall be governed by and interpreted under the laws of Japan. The Tokyo District Court shall have exclusive court jurisdiction over the first instance for any dispute occurring between Applicants and the Company arising from, or in relation to, applications for the Prize.

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