Please read these Terms of Use carefully and check “I agree to these Content Terms of Use” before you use the Say Pocky Campaign 2020 (“Campaign”) website (“Content”) operated by Ezaki Glico Co., Ltd. (“Glico”). Please do not use the Content if you do not agree to the Terms of Use.
Any person who uses the Content (“User”) will be deemed to have agreed to the following.
Please note that a telecommunications device and/or a smartphone device is required to access and use the Content, and any costs incurred in connecting to the Content are the responsibility of the User.
1. Applicability
These Terms of Use apply to any person using the Content or visiting the website.
2. Campaign Outline
■ Start of Campaign
Sunday, October 11, 2020
■ Campaign Mechanics
After reading the Terms of Use, press the "Take Photo" button, and allow it to access your camera. A countdown will begin, and it will take a photo of you and your friends. After you take your photo, select a country and location to drop your Smile Pin. You can then see your dropped Smile Pin of Google Maps on the campaign website and download the Smile Pin photo.
■ Eligibility and Participation Conditions
The campaign is open, as a general rule, to individuals age 18 and up.
The User agrees that photos taken using the Content will be stored into a database and displayed on the campaign website. Glico also reserves the right to select photos at their discretion and display and distribute them on digital billboards in Thailand, Indonesia, Malaysia, the Philippines, Singapore, Taiwan, Hong Kong, Japan, the United States, and Canada, and for secondary use in Pocky-related promotional and advertisement materials, etc. Minors may participate with permission from a parent/guardian.
3. Points to note
Glico may change these Terms of Use at any time without notifying Users in advance, if deemed necessary. However, Glico will give reasonable advance notice if this would cause a major impact on Users. The Content includes some webpages that use Cookies or Web beacons to enhance or improve the information and services provided. An access log will be kept for statistical analysis relating to usage and website maintenance. Content can only be used on a smartphone. Please note that Content cannot be used with certain smartphones.
4. Prohibitions
(1) Glico prohibits Users from carrying out any action corresponding to the following, or any action that Glico deems to so correspond.
1) Any action that causes or might cause damage to Glico or a third party
2) Any fraudulent or threatening act toward Glico, Users, or other third party
3) Any action that violates, or might violate, the intellectual property rights, rights of usage of likeness, privacy rights, good reputation, or other rights or interests of Glico or a third party
4) Any action that contravenes, or might contravene, public order and morals
5) Any action that overloads the Content networks or systems, etc.
6) Any action that might interrupt Content administration
7) Improperly accessing, or attempting to improperly access, Glico’s network or systems, etc.
8) Engaging in any publicity, advertising, soliciting, or business practice to do with the Content not licensed in advance by Glico
9) Collecting other Content User information
10) Using or providing malicious software programs, including computer viruses, etc.
11) Sending e-mail spam or e-mail newsletters, etc. without the recipient’s consent
12) Provide funds to antisocial forces, etc.
13) Any other action that contravenes, or might contravene, the applicable laws
14) Any other action that Glico deems unsuitable
(2) Glico reserves the right to remove and discard users’ photos or posts if any acts have been deemed prohibited.
(3) User agrees that in the event of contravention of the above, Glico may seek compensation for damages from User.
5. Exemptions
While due care is taken when posting Content information, Glico does not give any assurance in regard to any services, software programs, or information provided, or any matter concerning this Campaign, or its completeness, accuracy, safety, or usability, etc.
Glico bears no responsibility for any damage incurred by a User or third party arising in any of the following cases.
1) An event caused by force majeure, including software or hardware incident, fire, interrupted power supply, telecommunications environment deterioration, earthquake, or accident, etc. when using Content
2) Periodic or urgent maintenance of the Content system
3) Trouble, etc. occurring between Users or between User and a third party
4) Interruption or delay to services due to data corruption or interference with Content services, etc. by a third party, causing a fault
5) Content data could not be fully obtained because Content is used on an operating environment other than that recommended by Glico
6) Excluding deliberate act or gross negligence, Content data provided by Glico is mistakenly transmitted, or a fault occurs.
7) Social networking services are interrupted or suspended, or some other malfunction occurs.
6. Personal information handling
Glico processes personal data that it collects through the Website. The following categories of personal data are collected:
• Name
• Handle Name
• Cookies
• IP Address
• Photo
• Email Address
• Content of inquiry
Glico will use Users’ personal information for the purpose as specified in “Eligibility and Participation Conditions” of Section 2 above. Users’ personal information will be managed appropriately by Glico and contractors Hakuhodo Inc. (business registered in Japan), FUTUREK Co., Ltd (business registered in Japan), and On-Line Co., Ltd. (business registered in Japan), in accordance with the applicable laws, etc. Except for the aforesaid purpose, Glico will never disclose Users’ personal information to any third party other than its contractors without obtaining Users’ consent. However, personal information may be disclosed without Users’ consent if disclosure is demanded under the applicable laws, if the User permits disclosure on request, or if there is a demand from a court, police or other public body. Glico will remove and discard all personal data collected properly according to the applied law after a year.
Otherwise, Users’ information will be handled in accordance with the Glico Privacy Policy.
For further details, see the Glico Privacy Policy.
https://www.glico.com/global/privacypolicy/
https://www.glico.com/us/article/do-not-sell/
7. Governing laws and court of jurisdiction
(1) The governing laws for these Terms of Use shall be the laws of Japan.
(2) Osaka District Court shall be the exclusive court of first instance with respect to all disputes arising from or related to these Terms of Use.
8. Intellectual property rights including copyrights, trademark rights, patent rights, etc.
Glico or its contractors, etc. retain the intellectual property rights including copyrights, etc., usage rights and other rights, in accordance with the Japanese Copyright Act, with respect to all Content copyrights, images, characters, marks, and all other information. Users are prohibited from copying, modifying, publishing, uploading, posting and distributing Content without prior consent, beyond the scope permitted under the Japanese Copyright Act. User shall retain all rights related to works, including posts or other transmitted Content (including but not limited to text, images, video, and other data), but on posting or otherwise transmitting same, Glico may freely use content created by User without charge only for Content promotion purposes (including all promotional activities, such as usage on mass media and the internet, usage in events, usage on content services provided by Glico), and may on occasion edit or modify same. In such event, User shall not exercise any author’s moral right in regard to Glico.
9. Compensation for damages
In the event of contravention of these Terms of Use, compensation will be made for damages incurred by Glico arising from such contravention.
10. Recommended operating environment
Smartphone
● Operating System/Browser
iPhone: Safari (latest version) for iOS 13 and up
Android: Chrome (latest version) for Android 9 and up
Note: Content might not be able to be used depending on the user’s device, internet connection status, etc., even in the recommended operating environment.
11. Contact for More Information
There is no secretariat to respond to inquiries related to this campaign.
Establishment date
These Content Terms of Use shall come into force on October 11, 2020.
Establishment: October 11, 2020
