Pocky day 11.11

Campaign Terms of Use

Campaign Terms & Conditions

 Before using the website, Pocky day SMILE COUNTER CAMPAIGN(hereafter, This Campaign), which is operated by Ezaki Glico Co., Ltd. (hereafter, This Company), carefully read the following, check the box indicating, “I agree with the Campaign Terms & Conditions” found on the campaign entry page, and enter the campaign. If you do not agree to the Campaign Terms & Conditions, we regret to inform you that you cannot participate in This Campaign.
 Campaign entrants (hereafter, Entrants) are regarded as having agreed to the content below.
In addition, utilizing This Campaign website requires access from a telecommunication device. Please note that any fees incurred by connecting to This Campaign website are the responsibility of the Entrants.

1. Scope of Application of Campaign Terms & Conditions

These Terms & Conditions apply to persons who enter This Campaign and persons who view this website.

2. Important Points Regarding the Campaign

■Campaign entry period

November 2, 2016–January 31, 2017 at 23:39 (Japan time)

■Campaign entry method

・Take a “smile photo”
 On the participation page of This Campaign website, tap or click on “Turn on camera” in the menu. The camera will turn on. Take a photo of yourself smiling, follow the instructions to process the “smile photo” you took, and share the photo. Persons using a computer or cell phone not equipped with a camera can share a photo saved on the computer or cell phone. Please note that the shared photo will be saved on This Campaign website and displayed as a photo link on Facebook/Weibo. Please note that photos deemed by This Company as falling under the heading, Prohibited Matters may be deleted after posting.

・SNS contribution “smile analysis”
 On the participation page of This Campaign website, tap or click on “Search for a smile photo” in the menu.
 After Oath authentication on Facebook/Weibo, the photos of ‘‘Photos of You ''on Facebook shared within 'Only Me' and 'Public' and the latest 150 posts on Weibo will be automatically analyzed and  smile photos will be counted. The number of counted photos will be reflected in the smile counter on This Campaign website. In addition, the number of smiles counted can be shared through SNS (Facebook/Weibo). Photos that are automatically analyzed will be temporarily retained on This Campaign website, but automatically deleted from This Campaign website immediately after the analysis is completed. Please note that a smile photo may not be counted, depending on Facebook or Weibo settings.

・Change the smile photo by uploading a file
 On the participation page of This Campaign website, tap or click on “Upload photo” in the menu.
 Select a photo from photos saved on your computer or cell phone, follow the instructions to process the photo, and share the photo. Please note that the shared photo will be saved on This Campaign website and displayed as a photo link on Facebook/Weibo. Photos deemed by This Company as falling under the heading, Prohibited Matters may be deleted after posting.

3. Points to Note

 If an Entrant is a minor, consent to participate is required from a representative (a parent or guardian; hereafter, Legal Representative), based on applicable laws and ordinances. A minor must receive consent from the Legal Representative in advance prior to utilizing This Campaign website. If a minor agrees to these Terms & Conditions and utilizes This Campaign website, This Company will regard the Legal Representative as having provided consent.
 When deemed necessary, This Company can change these Terms & Conditions at any time without prior notice to Entrants.
 However, in instances of significant impact to Entrants utilizing the website, a reasonable period of advance notice will be established beforehand.
 This Campaign website may use cookies and web beacons to enhance/improve information and services offered. Access history is also recorded for the purpose of statistical analysis for website maintenance/management and usage.

4. Prohibited Matters

  • (1)Prohibited Matters
    • 1) Actions that cause damage to, or actions that may cause damage to, This Company or a third party
    • 2) Fraud or threatening acts against This Company, Entrants, or other third party
    • 3) Actions that infringe upon, or actions that may infringe upon, the intellectual property rights, imagerights, privacy rights, reputation, or other rights or interests of This Company or a third party
    • 4) Actions that are contrary, or may contrary, to public order and morality
    • 5) Actions that place an excessive burden on This Campaign website network or system, etc.
    • 6) Actions that may hinder the operation of This Campaign website
    • 7) Illegal access to, or actions that attempt illegal access to, This Company’s network or systems, etc.
    • 8) Publicity, advertising, inducements, or conduct of business on This Campaign website without priorconsent from This Company
    • 9) Collection of other information on Entrants from This Campaign website
    • 10) Utilization or provision of harmful programs such as a computer virus
    • 11) Actions that unilaterally send spam, mail magazines, etc.
    • 12) Supply of profit to antisocial forces, etc.
    • 13) Other actions that violate, or may violate, applicable laws and regulations
    • 14) Other actions that This Company deems inappropriate
  • (2) Entrants agree to This Company’s ability to seek damages against the Entrants if any of the above is violated.

5. Disclaimers

 This Campaign website exercises extreme caution when publishing information, but This Company does not guarantee in any way the integrity, accuracy, safety, utility, etc. of provided information, programs, various services, and any other matter regarding This Campaign.
 In addition, This Company bears no responsibility whatsoever for damage that arises from the following events suffered by Entrants or a third party.

  • 1) An event that occurs during entry in This Campaign due to an accident involving software/hardware, fire, electrical outage, deterioration of communication environment, earthquake, force majeure or other event
  • 2) An event that occurs during regular or emergency system maintenance of This Campaign website
  • 3) Trouble, etc. that arises between Entrants, or between Entrants and a third party
  • 4) Some form of deficiency caused by disruption or delay in service resulting from disturbance of ThisCampaign service due to a third party, change in information, etc.
  • 5) The inability to fully obtain information on This Campaign caused by entering This Campaign from an environment other than the environment recommended by This Company
  • 6) The mistaken transmission of information on, or faulty information on, This Campaign that is offered by This Company that is unintentional or absent of gross negligence
  • 7) The suspension, discontinuation, or other glitches that arise in the operation of Facebook or Weibo services
  • 8) This Campaign website is unrelated to Facebook, Weibo, and Facebook, Inc. or Sina Weibo

6. Managing Personal Information

 The personal information acquired on Entrants will be scrupulously managed and utilized strictly for photo contributions to SNS and photo analysis.
 The personal information on Entrants will be appropriately managed by an outsourced contractor based on applicable laws, ordinances, etc. This Company will not disclose personal information on Entrants to a third party outside of the outsourced contractor without consent of the Entrants. However, personal information on Entrants will be disclosed without the consent of the Entrants when disclosure is required in accordance with applicable laws and ordinances, disclosure has been authorized by the Entrants at the time of entry, or disclosure is required by a public institution such as a court of law, police station, etc.

 Personal information on Entrants will be handled based on This Company’s privacy policy.
Please see This Company’s privacy policy for details.

7. Governing Laws and Court of Jurisdiction

  • (1) The governing laws of these Terms & Conditions will be the laws of Japan.
  • (2) In regard to any and all disputes attributable to, or related to, these Terms & Conditions, the Osaka District Court will be the first exclusive agreement jurisdictional court.

8. Intellectual Property Rights (such as copyrights, trademark rights, and patent rights)

 In regard to all written works, images, characters, logos, and all other information for This Campaign website, This Company and its outsourcers, etc. possess intellectual property rights such as copyrights, rights of usage, and other rights, based on the copyright laws of Japan. Entrants are prohibited from copying, modifying, publishing, uploading, posting, and distributing without permission contents displayed on This Campaign website that exceed the scope permitted by the copyright laws of Japan.
 In regard to contents contributed or transmitted through utilization of This Campaign website (including but not limited to writings, photos, video, and other data), Entrants retain the rights to all written works, but This Company can utilize the contents of contributions and other transmissions provided free of charge.

9. Compensation for Damages

 When in violation of these Terms & Conditions, compensation will be made to This Company for damages that arise from that violation.

10. Recommended environment

Windows Internet Explorer 11 or newer, Firefox (latest version), Google Chrome (latest version),
Macintosh Safari (latest version)
iOS 9.0 or newer, Android 4.4 or newer

11. Inquiries

Please send inquiries by email to the Pocky day SMILE COUNTER CAMPAIGN Office at the following address.
The applicable languages for any inquiry from Japan/China/Taiwan/Malaysia/Indonesia are Japanese, English, Indonesian(Bahasa Indonesian), Traditional Chinese and Simplified Chinese.
For Japanese inquiries, please contact below:

For English, Indonesian, Traditional and Simplified Chinese, please contact below:

*Responses to inquiries will be given in the order they are received between the hours of 10:00–17:00 Japan time (excluding Sat., Sun., and holidays). Please note that responses may take several days, depending on the content.

Day of enactment
The Terms & Conditions of This Campaign will go into effect from November 2, 2016.

Established November 2, 2016