Visa Making It TikTok Activation Promotion 

1 Overview

Participants in the “Visa Making It TikTok Activation” promotion (the "Promotion") will be deemed to have accepted these terms and conditions (“Terms & Conditions”) and agreed to be bound by them when participating in any element of this Promotion. Participants automatically lose their eligibility to participate in the Promotion upon violation (or attempted violation) of these Terms & Conditions or the spirit of these Terms & Conditions. To opt-out of this Promotion, please contact the Organizer (defined below) at its address in section 8(r) below. 

 

2 Eligibility 

The Promotion is open only to official residents in the Arab Republic of Egypt. Participants (“Participants”) must, at the time of entry, be official residents and be aged 18 years or over to be eligible to participate in the Promotion.

Employees, officers, directors, agents and managers of, together with any other persons specified by law as being too closely related to Visa group companies, Arc FZ LLC, Leo Burnett, Saatchi & Saatchi or any third party involved in the supply of the Prize (defined below), are also Non-Eligible Participants.  

 

3 Promotion Period

Entries will be accepted starting at 12:00 (Dubai Time: GMT+4) on 22/08/2024.  Entries will be accepted until 23:59 (Dubai Time: GMT+4) on (03/09/2024) (the “Promotional Period”). 

 

4 Entry 

Visa is launching a branded mission page on TikTok page, whereby users with 1,000 or more followers will receive a notification inviting them to upload content showcasing their journey and the steps they have taken towards achieving their goals. 

To be entered for a chance to win, Participants must, during the Promotional Period, upload a video on their TikTok account, showcasing their milestone moment, along with the ‘how’ in the transitions. All entries must bear the hashtag “#MakingIt”.  

The background music they can use in the challenge is available on TikTok and can be found either by the search bar, using the key word “Making it with Visa”, or by clicking on it when it appears on other users’ videos that use this sound. While Participants are encouraged to incorporate this music into their videos, its use is not required for entry. 

Each Participant may submit only one video. If multiple videos are submitted, only the first video received will be considered, and subsequent submissions will be disregarded.

Participants submitting their entries must ensure that their post setting for the entry is set for public viewing.

 

5 Selection of Winner  

The Promoter along with the Organizer will conduct an initial review of all eligible entries. A panel of judges will then subjectively select 3 winners based on criteria including the impact of the Participant’s journey, creativity, and the clarity of the steps taken towards achieving their goals. The panel will choose the winners whose submissions they believe are the most impactful and inspirational. Judges’ decisions are based on their own complete discretion in viewing the participant’s journey, provided that these decisions are final and binding to the participants. 

The winners will be selected on 09/09/2024.

The Promoter along with the Organizer will also reserve one back-up winner, using the same criteria. 

 

6 Prizes Generally 

a) Visa will create a video featuring all selected winners, which will be published across TikTok, Instagram, and YouTube (the “Prize”). This video will receive a media boost for 12 days, starting from [22/08/2024] and ending on [03/09/2024].

b) For the avoidance of doubt, the winners will be deemed to be the holders of the relevant account used to participate in the Promotion.  The Promoter’s and Organizer’s decision are final, and no correspondence will be entered into. 

c) Winners will be notified by private message to their TikTok account used to submit their winning post, within 42 working days from the selection date. 

d) A confirmation letter will be sent to the winners who will be required to sign and return it within 3 calendar days of receipt, along with any required information needed to accept their Prize. The Promoter may require each potential winner to verify their permanent address, full name, contact details, and provide a copy of their ID or passport. If a winner is not able, for any reason, to accept the Prize, or cannot be contacted within this timeframe, another winner will be chosen subject to the same mechanics and restrictions as described above, and the Prize will either be awarded to another winner or disposed of as required by law.

e) The Prize is non-transferable. The Prize may not be exchanged for cash or cash equivalent.  If a Participant has questions related to any aspect of the Prize, they should speak with the Promoter directly at the address below.   

 

7 Entries Generally

a) Restricted videos. The Promoter reserves the right to disqualify any entry which, in its sole discretion, is inappropriate, including but not limited to content that:

• Is illegal, abusive, tortious, defamatory, pornographic, sexually explicit, obscene, libelous, invasive of another's privacy, hateful, or otherwise objectionable;
• Promotes discrimination based on race, ethnicity, nationality, religion, sex, sexual orientation, disability, or age;
• Contains any offensive, insensitive, or violence-inciting material or promotes unsafe or illegal activity;
• Is threatening, harassing, or degrading;
• Serves to impersonate any person or entity or misrepresents affiliation with any person or entity;
• Disparages or injures the reputation or goodwill of the Promoter or any of their officers, directors, employees, products, or services; and
• Is in breach of section 8(b) below.
• Is against public order or breaches Egyptian Family or sociality values.

The Promoter’s decision in this regard will be final and not open to further correspondence.

b) Intellectual Property. In uploading any video or post for the purposes of participating in the Promotion, the Participant hereby grants to the Promoter an irrevocable, perpetual, world-wide, transferrable, royalty free licence to use, reproduce, display, adapt and publish the content to any medium, most notably the Promoter’s websites, and social media pages.  By uploading the entry to TikTok or using the hashtag “#MakingIt”, Participants represent and warrant that the entry does not infringe any copyright, trademark, property rights, rights of privacy or publicity of any person, or any other right of any third party and that the participant has the full and unrestricted right to transfer the content to the Promoter free and clear of any claims or encumbrances.

In uploading a video or post in which third parties are identifiable (including by display of face(s) or other recognisable features), Participants hereby warrant and represent to the Promoter that they have the unconditional permission of the featured individual (or their parent/guardian) to use, publicly display, distribute and licence the image to the Promoter. 

 

8 General Conditions

a) All Participants consent to their name, username, image, and entries being used in publicity relating to the Promotion as permitted by law. The Participants consent to their name, username, image, and entries being used in the creation and publication of the video Prize. Visa reserves the right to publish the names of the winners without prior notice.

b) All Participants are still bound by any terms and conditions related to the use of third-party websites or services, including TikTok. The provisions in these Terms & Conditions are superior to any provision which is in conflict with the terms and conditions of any third-party to the extent they relate to the operation of this Promotion.

c) Visa International, Arc FZ LLC, Leo Burnett, Saatchi & Saatchi and any associated companies will not be responsible for any loss or damage suffered by any winner or any other person in connection with the Promotion, or in the use of the Prize. Participants agree to indemnify Visa International (and our officers, employees and agents, including the Promoter) against, and hold the foregoing harmless from any damages, liabilities, losses, or expenses incurred or arising directly or indirectly out of the participation in the Promotion, Participants’ use or acceptance of any Prize, Participants’ breach of these Terms and Conditions (including any warranty in relation to intellectual property and third party rights), or their negligent or fraudulent act or omission in relation to the Promotion.

d) By entering into this Promotion and without prejudice to the applicable laws, Participants consent to all their personal information collected by or on behalf of Promoter or sponsor Parties (including without limitation, a participant’s name, biographical data, and city and state/province of residence) may be used for the administration of the Promotion and as stated in these Terms & Conditions. Except to the extent prohibited by law, each Participant consents and grants to Visa International, sponsor parties and each of their respective designees the right to use his or her personal data to the extent necessary for the effective conduct of the Promotion which may include the passing of such personal information to third parties, as well as to parties outside the Participant’s country of residence and to publicize such Participant's name and address (city and state/province of residence), photo (if provided), complete entry and prize information in connection with the Promotion, in any media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration, notification or permission. The Participant acknowledges that such countries may not have data protection laws equivalent or stricter than those of Participant's country of residence. The Promoter’s Privacy Policy is available at https://usa.visa.com/legal/global-privacy-notice.html .

e) Participants are responsible for providing accurate and correct information on signing up for the Promotion.  Visa is not responsible for emails and/or entries which are not transmitted, received, missed, deleted or sent to spam folders of Participants.  The Promoter also shall have no liability for any Prize notification that is lost, intercepted, or not received by a potential winner for any reason. The Promoter does not accept responsibility for network, computer, hardware and/or software failures of any kind, which may restrict or delay the uploading of entries.

f) RELEASE OF LIABILITY: By entering the Promotion, each entrant (i) agrees that none of Promoter, the sponsor Parties, nor any advertising or social media platform, such as Facebook or Twitter, on which the Promotion is advertised or through which it is accessed, shall be responsible for, any loss or damage suffered as a result of and (ii), to the maximum extent permitted by Law, releases and holds harmless the Promoter and sponsor Parties and each such advertising or social media platform from and against, any and all claims, injuries, damages, liabilities, costs, expenses, or losses of any kind (including, but not limited to, personal injury, death, or damage to or loss of property) that may occur, directly or indirectly, in whole or in part, from: A. participation in the Promotion; B. any breach or other violation by such entrant of these Terms & Conditions, the Policies, or applicable Law; C. the acceptance, receipt, possession and/or use or misuse of any prize (or any portion of any prize); D. any incorrect, incomplete, garbled, or inaccurate information, or any failure to capture any information, whether caused by entrant, printing errors, human error, or by any of the equipment or programming associated with or utilized in the Promotion; E. any damage to an entrant’s equipment (such as a computer system or mobile device) which is occasioned by accessing the Promotion Site or participating in the Promotion; F. miscommunications, or any failed, jumbled, delayed, or misdirected computer, telephone, cable, or other transmissions (including, without limitation, transmissions by email, social media (such as a private or direct messages, check-ins, tweets, and posts), and instant message); G. for any technical malfunctions, failures, delays, difficulties, or other errors of any kind or nature; H. any Entry, email, prize package, or other material or correspondence that has been tampered with or that is stolen, misdirected, incomplete, lost, late, non-conforming, ineligible, or damaged; I. any failure of any postal or delivery service; J. any use of the entrant’s personal information and Entries as permitted under these Terms & Conditions; or K. any other events beyond Promoter’s reasonable control. 

g) LIMITATION OF LIABILITY: NEITHER PROMOTER NOR ANY OTHER SPONSOR PARTY, SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROMOTION, ANY PRIZE, OR THESE TERMS & CONDITIONS, HOWSOEVER CAUSED, WHETHER ARISING IN TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER SUCH PROMOTEROR SPONSOR PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED AND EXCLUDED. ALL PRIZES ARE GIVEN AWAY “AS IS.” THE PROMOTER OR SPONSOR PARTIES DO NOT MAKE AND HEREBY DISCLAIM ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (INCLUDING WITHOUT LIMITATION ANY IMPLIED OR STATUTORY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT) WITH REGARD TO THE PROMOTION OR ANY PRIZE. ENTRANTS AGREE TO INDEMNIFY PROMOTER OR ANY SPONSOR PARTY AGAINST, ANY DAMAGES, LIABILITIES, LOSSES, OR EXPENSES INCURRED OR ARISING DIRECTLY OR INDIRECTLY OUT OF THE PARTICIPATION IN THE PROMOTION, ENTRANT’S USE OR ACCEPTANCE OF ANY PRIZE, ENTRANT’S BREACH OF THE TERMS & CONDITIONS, THE POLICIES, OR APPLICABLE LAW (INCLUDING ANY WARRANTY IN RELATION TO INTELLECTUAL PROPERTY AND THIRD PARTY RIGHTS), OR THEIR NEGLIGENT OR FRAUDULENT ACT OR OMISSION IN RELATION TO THE PROMOTION.

h) 4. ACCEPTANCE OF THE TERMS & CONDITIONS; LAWS: By entering the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these Terms & Conditions and by the decisions of  Promoter, which shall be final and binding on all matters pertaining to the Promotion. By entering the Promotion, each entrant also agrees to comply with any and all applicable Laws in his or her jurisdiction/market and those that are in connection with his or her participation in the Promotion. Entry in the Promotion does not constitute entry into any other promotion, sweepstakes, or Promotion. 

i) Participation in this Promotion is void in any country in which it is prohibited or otherwise rendered invalid by any applicable law or regulation.  The Promoter makes no representation or warranty that the Promotion is permitted by law in any particular country.

j) The Promoter is not liable to any taxation of any kind arising from or that may occur from the winner’s nationality or country of residence and will not be held responsible to make any tax payments of any kind relating to the Prize. The winners will be liable to make all necessary tax payments and to make any necessary notifications to the appropriate authorities relating to the Prize and subsequent dealing with the Prize.   

k) To the extent permitted by law, the Promoter may terminate or modify the Promotion or modify these Terms & Conditions at any time, by posting the revised Terms & Conditions on the website https://ae.visamiddleeast.com/en_AE/run-your-business/making-it/making-it-tiktok-terms-conditions.html.

l) The Promoter’s decisions are final and binding in all respects on all Participants.  No correspondence will be entered into.

m) INTERPRETATION: The invalidity or unenforceability of any provision of these Terms & Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms & Conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Promoter’s failure to enforce any term of these Terms & Conditions shall not constitute a waiver of that provision. 

n) DISPUTES: Each entrant agrees that: 1. (i) any and all disputes, claims, and causes of action arising out of or connected with these Terms & Conditions, this Promotion, or any prize shall be resolved individually, without resort to any form of class action, and by the applicable state and/or federal courts and hereby waives any objection to such courts, whether on the basis of venue, personal jurisdiction, inconvenience of the form, or otherwise; (ii) any and all claims made by entrant, and any and all judgments and awards in favor of entrant, shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All disputes concerning the Promotion, the construction, validity, interpretation, and enforceability of these Terms & Conditions, or the rights and obligations of each entrant and Promoter in connection with these Terms & Conditions or the Promotion shall be subject to the exclusive jurisdiction of the Courts of England and Wales , and governed by and construed in accordance with the Laws of England and Wales, without giving effect to any choice of law or conflict of law rules that would cause the application of the Laws of any other jurisdiction. 

o) PRIVACY: Entry submission is subject to the following privacy policy at https://ae.visamiddleeast.com/en_AE/legal/global-privacy-notice.html

p) SOCIAL MEDIA PLATFORMS: The Promotion may be advertised on or accessed through one or more social media platforms, such as Facebook or Twitter. However, the Promotion is in no way sponsored, endorsed, or administered by, or associated with, any such platforms. Entrants agree to comply with all terms and policies governing such platforms in connection with the Promotion. 

q) The Promoter (also referred to as "Visa" or “Visa International” in these Terms & Conditions) is Visa International Services Association, Delaware, U.S. corporation; 900 Metro Center Blvd. Foster City, Ca 94404, Untied States.

r) The Organizer - Visa International Services Association - is responsible for managing this Campaign and all issues related to it. In addition to the Organizer’s responsibilities to manage this Promotion, Organizer shall manage all complaints and queries, in addition to the process of the winner’s selection.