Agreement terms for application and participation in the Masterclass of Happiness campaign
Visit Finland has launched a marketing campaign called The Masterclass of Happiness (“Campaign”). The purpose of the Campaign is to promote travelling to Finland by selecting visitors and deputy visitors (“Visitors”) who will participate in the 4 days Masterclass of Happiness Campaign session (“Campaign Session”) in Finland in the summer 2023. Visit Finland is a Finnish travel promotion organisation, a part of Business Finland and fully owned by the Finnish Government.
Before making an application to participate in the Campaign, you (“Applicant”) must agree to these Campaign Terms on your own behalf and on behalf of your partner or co-applicant, if you apply together with somebody else. Be sure to obtain authorization from your co-Applicant.
By applying, you represent that you, and your co-applicant as applicable, are at least 18 years old.
BY APPLYING TO JOIN THE CAMPAIGN, YOU AGREE TO THESE CAMPAIGN TERMS. IF YOU DO NOT AGREE TO THESE CAMPAIGN TERMS, PLEASE DO NOT APPLY TO JOIN THE CAMPAIGN.
The terms of this agreement ("Campaign Terms") govern the relationship between
- the Applicant and Visitor to the Campaign as defined in your application (“you”, “Applicant” or, “Visitor” or together “Participant”) and
- Business Finland Oy – Visit Finland, P.O. Box 358, Porkkalankatu 1, 00180 Helsinki, Finland, business ID 2725690-3 (“Visit Finland” or "Us" or "We") regarding your application and participation to the Campaign.
Visit Finland and Participant individually the Party and jointly the Parties.
1. Application and admission process
To apply to the Campaign, you need to complete the application available at Visit Finland´s website https://www.visitfinland.com/en/find-your-inner-finn/ and with the information requested, send the application, and follow the admission instructions given at the website.
During the admission process, you must complete Our social media challenge on Instagram or TikTok after filling out the application form in compliance with the instructions. Visitors will be chosen based on their response to the social media challenge.
We will evaluate your application and reserve the right, at Our sole discretion, to select the Visitors without giving any explanations or justifications. If you are one of the people chosen for the Masterclass of Happiness, we will contact you personally. The public selection announcement will be in May and will be posted on our Instagram and TikTok channels. We will also contact you via email and provide you with further information and instructions.
2. Participation is personal
You understand that your personal expressions, appearance, and performance are important for the Campaign, and you commit to personally produce the application and related content and personally participate in the Campaign Session if admitted. If you are admitted but can’t participate, you will be replaced by another applicant chosen by Visit Finland without any liability.
At our request, your will provide Us with legally valid identity documents.
3. Code of Conduct
- that there is no civil or criminal case pending against you at the time of application, you are not subject to a pre-trial investigation and that you are not previously been convicted of a crime.
- you have disclosed all issues in your personal history that could be harmful to the reputation or goodwill of Visit Finland if it is revealed to the public and undertake to bring to our attention all possible facts related to your person that may be relevant to the Campaign.
- you will not by your conduct or behavior create any negative images or negative publicity that could harm the reputation or goodwill of Visit Finland or could negatively affect the value and effectiveness of the Campaign during the term of this Agreement.
4. Campaign materials
4.1 Visit Finland´s materials
All copyrights, trademarks, domain names, trade name rights, trade secret rights, patents, design rights, other intellectual property and industrial property rights (of every kind and nature however designated) and any derivative works thereof in and to any material provided by Visit Finland or content created or published by Visit Finland will, at all times, remain the exclusive property of Visit Finland.
4.2 Content posted by Participants in the social media
Any content posted by you during the Campaign´s social media challenge with your Instagram or TikTok handle and tagged @ourfinland (IG) or @visitfinland.com (TikTok) and with the hashtag #findyourinnerfinn (“Campaign Posts”) and all other content (videos, social media posts, photos, text and other material) created or published by You in the social media otherwise in relation to the Campaign shall portrait Finland and Visit Finland and the Campaign positively and You agree to comply with all relevant instructions of Visit Finland.
While posting or publishing Campaign related material, you shall use only Visit Finland’s trade names, logos and trademarks specified by Visit Finland and as instructed in writing by Visit Finland. Upon termination of this Agreement, You shall immediately cease using any intellectual property rights and goodwill belonging to Visit Finland unless otherwise agreed with Visit Finland.
You represent and warrant that the content does not infringe or violate any copyrights, trademarks, trade names, design rights, contract rights, rights of publicity or privacy or other rights of any person or defame any person.
If you use in the content any materials of any third party (e.g., videos, photos and descriptions), or image, voice, name, or other personal information of any third party, You are responsible for obtaining all rights, licenses, consents, and permissions necessary for the performance of the Campaign and for Visit Finland to have the same rights to the third-party materials as to the content created by yourself.
You also represent and warrant that the content is not abusive, threatening, obscene, defamatory, libelous or otherwise promote illegal activities or conduct; and is free of hate speech, discrimination or violence viruses, adware, spyware, worms or other malicious code.
If requested by Visit Finland You shall immediately delete or amend such content and posts in your social media accounts, which Visit Finland considers to be breach of these Campaign Terms.
4.3. Documentation material of the Campaign Session
Your Campaign Posts and the Campaign Session and your performance during the Campaign Session, including the activities in which you participate, will be documented by Visit Finland and/or its partners. The documentation material can include, e.g. the Campaign Posts, your name, videos, voice recordings, photographs and written descriptions (together “Documentation Material”). You agree to be photographed, filmed, and otherwise documented for this Documentation Material.
4.4 Rights to Campaign materials
You hereby transfer and assign to Visit Finland and to its partners and any other companies that take part in the planning and execution of the Campaign or other marketing activities of Visit Finland (“Partners”)
- rights to share and publish your Campaign Posts on the Campaign websites, at https://www.visitfinland.com/en/find-your-inner-finn/, on Visit Finland’s social media channels such as YouTube, Facebook, Instagram, TikTok, and Twitter (“Visit Finland’s Marketing Channels”), on any national or international media organization channels, and on the marketing channels of Visit Finland’s partners outside Finland (together “Other Marketing Channels”), and to incorporate the Campaign Posts into the Documentation Material.
- all rights arising by law, such as copyrights, neighboring rights, and other intellectual property rights, to your Campaign Posts and to your performance in the Documentation Material, including the rights to use your name, likeness, biographies, voices and picture as incorporated in the Documentation Material in connection with the advertising, marketing and promotion of the Campaign and or other marketing activities of Visit Finland and in the annual report, and history presentations of Visit Finland and in other similar connections and contexts.
For the avoidance of doubt, the rights transferred by this Agreement are exclusive (except to the Campaign Posts) , irrevocable, perpetual, transferrable, worldwide, fully paid up and royalty free rights and include the right to sublicense and assign rights further to third parties; and to use, copy, to amend and modify, publish, transmit, publicly display, publicly perform, provide access to electronically, broadcast, communicate to the public, and otherwise exploit the Documentation Material.
The rights are transferred and assigned without any fee.
All rights you grant under these Campaign Terms are cumulative and We may exercise or refrain from exercising any one or more of them separately from, simultaneously and/or in connection with any other rights you grant Us or with any rights We obtain from other sources.
For example: The Campaign Posts and Documentation Material may be published on the Campaign websites, at https://www.visitfinland.com/en/find-your-inner-finn/, on Visit Finland’s social media channels such as YouTube, Facebook, Instagram, TikTok, and Twitter (“Visit Finland’s Marketing Channels”), on any national or international media organization channels, and on the marketing channels of Visit Finland’s partners outside Finland (together “Other Marketing Channels”). We may amend and modify the Documentation Material for the above purposes, for example, to make shorter versions of videos or to compile highlights from several videos to one video without any additional fees or compensations. You agree to indemnify and hold harmless Visit Finland against all losses, claims, damages, liabilities, costs and expenses including, but not limited to, attorneys’ fees and costs, to which Visit Finland may be become subject in case the Participant has incorporated into the Campaign Materials any materials of any third party without necessary rights, licenses, consents and/or permissions.
5. Duties of the Visitor
5.1 General duties related to the Campaign and the Campaign Session
The Visitor shall be responsible to take adequate measures to ensure his/her own safety and the comfort during the travel and the Campaign Session and particularly, during the activities in which he/she will participate.
The Visitor shall be responsible for arranging himself/herself all necessary travel documents including but not limited to adequate VISA to be able to travel to Finland.
During the entire term of the Campaign, the Visitor shall inform Visit Finland without undue delay of any changes in his/her circumstances which could affect the performance of this Agreement.
During the Campaign Session, the Visitor shall immediately inform Visit Finland of any incidents involving or affecting the Visitor himself/herself or Visit Finland or the visit.
All communication between the Visitor and Visit Finland shall happen through the primary point of contact appointed by Visit Finland.
The Visitor warrants that he/she will respect cultural differences in accordance with generally accepted good manners.
For the sake of clarity, Visit Finland do not accept any form of hate speech, discrimination, or violence in any form whatsoever. The Visitor warrants that he/she shall refrain from any this kind of behavior towards anybody during the Term of the Agreement.
During the Campaign Session, the Visitor shall stay for at least four (4) days at the all-inclusive Kuru Resort. In addition, the Visitor may stay in the other accommodation selected by Visit Finland at its absolute sole discretion, for one (1) or two (2) nights before and/or after the Visit, if necessary, depending on the travel time of the Visitor. The need for the additional accommodation will be agreed separately by the Parties.
5.3 Participation in the events and activities
During the Campaign Session, Visit Finland will organize events and courses around Nature & Lifestyle, Health & Balance, Design & Everyday, and Food & Wellbeing. The Visitor shall participate in traditional Finnish nature activities organized by Visit Finland, such as, fishing, sailing & boating, island life, cottage life, trekking, foraging, campfire food and/or sauna. The activities will be selected together with the Visitor taking into consideration of the Visitor’s wishes and circumstances.
The Visitor will be available for reasonable publicity that Visit Finland suggests (e.g., media interviews).
The Visitor undertakes to arrange at his/her own expense an adequate insurance coverage for his/her property, as well as for any sickness or accidents that may be encountered by him/her during the travel and the Campaign Session and/or while performing his/her duties under this Agreement. Adequate insurance coverage shall include international travel, luggage, accident, health, and liability coverage. The Visitor shall provide Visit Finland all applicable insurance certificates without undue delay and at least thirty (30) days before the visit.
6. Duties of Visit Finland
6.1 General Duties of Visit Finland
Visit Finland shall appoint a primary point of contact for the Visitor. The Visitor shall contact the appointed primary point of contact in all matters related to the Campaign and the Campaign Session. During the Campaign Session, the primary point of contact may be contacted in any time if needed.
6.2 Travel arrangements provided by Visit Finland
Visit Finland shall organize the Visitor’s travel between the Visitor’s hometown and the Kuru Resort in Finland and, if necessary, possible additional accommodation for one (1) or two (2) nights with adequate meals before and/or after the Campaign Session, depending on the Visitor’s travel time.
The Visitor agrees that Visit Finland shall make all necessary travel arrangements set out in this Agreement at its absolute sole discretion by considering the Visitor’s wishes and circumstances.
7. Compensation and costs
The Participant´s sole compensation for its performance in the Campaign and for its costs under this Agreement shall be limited to the compensation of the travel and accommodation costs as defined in this Agreement. Visit Finland shall make the payments directly to the selected service providers. You are not entitled to receive, and we are not obligated to pay any other fee, compensation or other remuneration for your participation in the Campaign or for any rights to Campaign materials under this Agreement.
The Participant is responsible for any possible taxes and/or any other payments levied directly to the Participant in connection to the travel, meals and/or accommodation costs Visit Finland has paid on behalf of the Participant to organize the visit.
The Participant shall deliver to Visit Finland all necessary personal information required to be filled to the application for the tax-at-source card in accordance with the laws of Finland. With this respect, the Visitor shall give to Visit Finland unlimited rights to assign his/her personal information to the Finnish Tax Administration.
8. Relationship of the Parties; No employment
You understand and agree that you shall appear as yourself; your appearance shall not be a performance and does not constitute an employment relationship between You and Visit Finland. Nothing herein shall be construed to create any employment relationship, any partnership, or similar relationship or, to subject the Parties to any implied duties or obligations respecting the conduct of their affairs, which are not expressly stated herein.
No Party shall have any right or authority to assume or create any obligation or responsibility, either express or implied, on behalf of or in the name of the other Party, or to bind the other Party in any matter or thing whatsoever.
During the term of this Agreement and five (5) years thereafter, each Party undertakes to treat all information and data of confidential nature, regardless of its form, belonging to or regarding the other Party or its business, as confidential (“Confidential Information”) and shall not disclose the Confidential Information to any third party or use the Confidential Information for any other purpose than for the performance of its obligations under this Agreement.
10. Processing of personal data
Visit Finland shall process the personal data of the Participants in accordance with the applicable data protection legislation in Finland.
Visit Finland shall keep a privacy notice on the Campaign site at https://www.visitfinland.com/en/find-your-inner-finn/ where it provides information on the personal data processing related to the Campaign.
11. Force majeure
A Party shall not be liable for the consequences resulting from delay or non-performance of a contractual obligation, if the non-performance was caused by or unreasonably affected by circumstances, which the Party was unable to influence and to consider at the time of concluding the Agreement, and the consequences of which the Party could not have reasonably avoided or overcome.
12. Liabilities and breach of the Agreement
During the Campaign and the visit, the Participant shall bear full risk of any damage or accidents that may be met by him/her as a result of participating in the Campaign and any activities and for any interaction with any other Participants in connection with the Campaign.
For the sake of clarity, Visit Finland shall not assume, or in any way be liable or responsible for any liabilities, damages, claims, taxes, or obligations the Participant may encounter or be responsible for by participating in the Campaign.
If the Participant is in breach of any provision of this Agreement, the Participant shall indemnify and hold Visit Finland harmless of all direct damages that the breach of the Agreement has caused Visit Finland.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VISIT FINLAND SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, OR LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE CAMPAIGN TERMS OR THE CAMPAIGN, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VISIT FINLAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THESE CAMPAIGN TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF VISIT FINLAND OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF VISIT FINLAND.
13. Term of Agreement and Termination
This Agreement shall become effective once the Participant has agreed to these Campaign Terms and completed the application available at Visit Finland´s website https://www.visitfinland.com/en/find-your-inner-finn/ and provided Us with the information requested. This Agreement shall be in force until 31.12.2023. Sections 4.4 Rights to Campaign materials, 9. Confidentiality, 12. Liabilities and breach of the Agreement, and 14. Applicable law and disputes shall survive termination or expiration of this Agreement.
Without prejudice to any other remedy, it may have against the other Party for breach or non-performance of the Agreement, either Party shall have the right to terminate the Agreement with immediate effect in case the other Party fails to perform its obligations under the Agreement.
14. Applicable law and disputes
This Agreement shall be governed by and construed in accordance with the laws of Finland excluding its choice of law principles.
The Parties shall try to resolve any dispute, controversy or claim arising out of or relating to this Agreement or the breach, termination, or validity thereof (“Dispute”) amicably by way of negotiation. In case the negotiations fail, the Dispute shall be settled in the Helsinki District Court.
15. Compliance with laws and regulations
The Visitor warrants and undertakes that he/she will comply with all laws, rules and regulations regarding his/her performance under this Agreement and that he/she hold all relevant certificates and permits necessary if any.
The Participant may not assign the Agreement or any of its rights or delegate its obligations under the Agreement without Visit Finland's prior written consent.
16.2 Former agreements
This Agreement is the whole Agreement between the Parties, unless otherwise expressly agreed, and supersede all previous Agreements, arrangements, discussion, representations, warranties and understandings, whether expressed or implied, written or oral, between the Parties regarding the subject matter hereof.
16.3 Amendments and modifications
This Agreement may be amended or modified only in writing signed by both Parties.
16.4 Partial invalidity
If any provision of this Agreement or a part thereof is considered invalid, it shall not imply that the Agreement in its entirety is invalid and such invalid provision shall be replaced with a provision that, as far as possible, is consistent with the invalid provision.