GIVEAWAY TERMS AND CONDITIONS
1. Introduction
1.1. By entering any giveaway (“Giveaway”) you agree to be bound by these Terms and Conditions, our Website Terms and Conditions and our Privacy Policy. No purchase necessary to enter or win. A purchase or payment will not increase your chances of winning.
1.2. The promoter and sponsor of the Giveaway is Iconix Brand UK Ltd (company number 08294383) of 29-31 Dale Street, Manchester, United Kingdom, M1 1EY (“Umbro”). References in these Terms and Conditions to “we”, “us” and “our” are references to Umbro. References to “you” and “your” are references to entrants in the Giveaway.
2. Who can enter?
2.1. The Giveaway is open to everyone aged 18 or over as of the start of the relevant Giveaway Period save for legal residents of Iran, North Korea, Quebec, Myanmar, Sudan, Russia, Syria, any country under embargo by the United States and any country where local laws prohibit entry into the Giveaway. Employees of Umbro (or their family or household members) of any business involved or associated with the Giveaway (including Umbro and Umbro associated companies) are not eligible to participate or win. The Giveaway is subject to all applicable laws, rules and regulations.
3. Giveaway
3.1. The period during which the Giveaway is live will be specified for each Giveaway (“Giveaway Period”).
3.2. During the Giveaway Period we will be releasing prizes across our social media. Each Giveaway will be separate and requires separate entry. Entries will only apply to the relevant Giveaway during the Giveaway Period and if they are received after this time will not be entered into the Giveaway.
3.3. To enter the Giveaway, you must follow all of the instructions on the relevant social media/website post. Incomplete entries/entries that fail to comply with each of the requirements of entry will not qualify for the relevant Giveaway.
3.4. When you submit an entry that includes commentary, you confirm to us that:
a) you own the commentary and its content; and
b) you are not a minor (you are aged 18 or over).
3.5. You must ensure that your entry commentary:
a) is accurate and that any opinions you express are genuinely held;
b) complies with the law and does not constitute or assist in any unlawful or criminal activity;
c) does not contain any material which is defamatory, obscene, offensive or sexually explicit;
d) does not contain or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
e) does not infringe any third party’s intellectual property rights or privacy rights and do not breach any contractual duty or duty of confidence;
f) is not misleading, threatening or harassing to any other person;
g) is not used to impersonate any person, or to misrepresent your identity or affiliation with any person. Your entry must not give the impression that it emanates from us or any Umbro associated company or that we or any Umbro associated company have in any way endorsed or agreed with it; and
h) does not contain advertising or references to any other websites, addresses, email addresses, contact information, telephone numbers or other personal data (save for your image).
3.6. We reserve the right not to accept or publish any entry commentary that is incomplete or illegible or does not comply with these Terms and Conditions in spirit as well as letter.
3.7. If your entry breaches these Terms and Conditions at clause 3.5 we may also:
a) temporarily or permanently prevent you from using any of Umbro’s websites or applications;
b) issue a warning to you;
c) take legal action against you (and may seek reimbursement of any and all losses, damages, liabilities, expenses and costs incurred by us as a result of your breach on an indemnity (pound for pound) basis; and/or
d) disclose such information to law enforcement authorities as we feel is necessary.
3.8. If at any time you want to cancel your entry, you can do so by writing to us at [email protected]. Please note that if you cancel your entry, you will automatically be withdrawn from the Giveaway.
3.9. An entry must be received during the relevant Giveaway Period, according to the computer time on Umbro’s server. Incomplete, garbled, corrupted or undelivered entries are void and will not be accepted. Umbro is not responsible for lost, late, damaged, delayed, destroyed, misdirected, incomplete, or undelivered entries. Umbro reserves the right to disqualify false entries or entries suspected of being false. In the event of a dispute as to the identity of a winner, the winner will be deemed to be the person in whose name the e-mail account governing the e-mail address was opened.
3.10. You (or your licensors) will own the copyright in your entry commentary. However, by submitting an entry to us, you grant us a free, non-exclusive, worldwide, and unlimited right for us to use, copy, publish, edit, delete and distribute your entry commentary in any way including (without limitation) making it available to the public via our social media or websites owned or used by Umbro or our associated companies or licensees. You acknowledge that we are under no obligation to make your entry commentary available.
3.11. We may publish your name and the country that you live in to announce the winner; we will process your data in accordance with our Privacy Policy.
3.12. In addition to the above, we will use the contact details that you provide to us as part of the Giveaway for the purpose of administering the Giveaway (including contacting you to confirm if you are a winner), providing updates to you on the Giveaway and our products and brand and providing the prize to you if you win. We may share such details with other third parties (for example, our licensees) for these purposes. All data will be processed and stored by us in accordance with the Data Protection Act 2018, UK General Data Protection Regulation (as defined in The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019) and the General Data Protection Regulation 2016/679. Further details are set out in our Privacy Policy.
4. How the winners are selected
4.1. Our Giveaways are worldwide unless otherwise specified and we will be awarding main prizes as specified during the Giveaway Period. The winners of the prizes will be selected at random by a representative of Umbro unless otherwise specified.
4.2. All decisions by Umbro are binding and final and no correspondence will be entered into.
4.3. The winners will be promptly notified by private email message from Umbro. A direct response from the winner to confirm their acceptance and contact details is required within seven (7) days of our email message in order to claim the prize. If a winner cannot be contacted following reasonable efforts within that seven (7) day period, that winner will lose their entitlement to the prize and an alternate winner will be selected.
4.4. Winners’ names may be published on umbro.com, Umbro social media channels, websites and social media of Umbro’s official partners, press and at retail or events. If you object to your surname and/or country/county being published or made available, please contact us at [email protected]. In such circumstances, we must still provide the information to the Advertising Standards Authority on request.
5. The prizes
5.1. The main prize and approximate retail value (“ARV”), if applicable, will be as set out for each Giveaway and sizes/colours shall be subject to availability.
5.2. All taxes and all other costs associated with prize acceptance not specified herein as being provided are the sole responsibility of the winner. U.S.: Participants in the U.S. may be issued an IRS Form 1099 for the ARV of any awarded prize.
5.3. By participating in the Giveaway, to the extent reasonable, you agree to release, discharge, indemnify and hold harmless Umbro and each of their respective officers, directors, employees, representatives and agents (collectively “Releasees”) from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from: (i) use, redemption, acceptance, possession, ownership, or misuse of any prize; (ii) participation in any activity or event offered in connection with the prize; or (iii) participation in any Giveaway-related activity or participation in the Giveaway. The Releasees shall not be liable for: (i) late, lost, delayed, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible sign-ups, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Giveaway (save for death or personal injury caused by our negligence or other situations where we are not permitted to exclude our liability by law); or (v) any printing, typographical, administrative or technological errors in any materials associated with the Giveaway.
5.4. No substitution, transfer, or cash redemption of the prize (or any part of the prize) is permitted, provided however that Umbro reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason.
5.5. We may offer other prizes to entrants of the Giveaway at our discretion. Any such winners will be based on the same criteria as set out in these Terms and Conditions.
6. General
6.1. As far as is legally possible, the Giveaway and these Terms and Conditions shall be governed by English law and we and you agree to the non-exclusive jurisdiction of the English courts. In some circumstances the laws where you are domiciled may apply and the courts where you are domiciled may have jurisdiction. In the event of a dispute as to any entry, the authorized account holder of the email address used to submit the entry will be deemed to be the entrant. No claimant in any dispute involving Umbro shall be entitled to claim or obtain indirect, punitive, incidental or consequential damages. Umbro’s failure to enforce any provision in these Terms and Conditions shall not constitute a waiver of that provision.
6.2. Participants in the Giveaway agree to be fully and unconditionally bound by these Terms and Conditions and the decisions of Umbro and waive any right to claim ambiguity in the Giveaway or these Terms and Conditions. Any portion of the Giveaway may be canceled, suspended and/or modified, in whole or in part, if in Umbro’s opinion any fraud, technical failure or other factor beyond Umbro’s control impairs the integrity or proper functioning of the Giveaway. Umbro reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Giveaway, to be acting in violation of these Terms and Conditions, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Giveaway, or to annoy, abuse, threaten or harass any other person, and Umbro reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
6.3. Within ninety (90) days of the end of the Giveaway, the names of the winners can be obtained through the mail by sending the request to: [email protected].
6.4. Nothing herein is intended to exclude or limit liability for: death or personal injury caused by negligence; fraud or fraudulent misstatement; or any other liability that cannot be excluded or limited by law.