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Happy Birthday 2 U - Terms and Conditions

1. Introduction
1.1 By entering the Happy Birthday Competition (the “Competition”) 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 Competition 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 Competition.

2. Who can enter?
2.1 The Competition is open to everyone aged 18 or over as of the start of the Competition 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 Competition.
2.2 Employees of Umbro (or their family or household members) of any business involved or associated with the Competition (including Umbro and Umbro associated companies) are not eligible to participate or win.
2.3 The Competition is subject to all applicable laws, rules and regulations.

3. Competition Period
3.1 The Competition will open as soon as it is first advertised by Umbro’s official Instagram account (@umbro) and the closing time for entries will be as advertised in such Instagram post (“Competition Period”).
3.2 Entries received after this time will not be entered into the Competition.

4. How to enter
4.1 To enter the Competition, you must create a short clip featuring your version of "Happy Birthday to you" and a behind-the-scenes look at how you made it. Share your clip on your TikTok, tagging @umbro and using the hashtag #HBD2Umbro (your “Recording”). Your Recording must be your own original work using sounds and music recorded by you to the tune of “Happy Birthday To You”. Entries are limited to one Recording per person.
4.2 When you submit an entry, you confirm to us that:
a) The Recording is your own original work; and
b) You own all intellectual property rights subsisting in your Recording; and/or
c) You have obtained, where necessary, the consent of any person featured in the Recording with any rights (and/or you have not received an objection from any such person) to the submission of the Recording to us and the granting to us of the rights set out in these Terms and Conditions; and
d) You are not a minor (you are aged 18 or over).
4.3 You must ensure that your entry:
a) Complies with the law and does not constitute or assist in any unlawful or criminal activity;
b) Does not contain any material which is defamatory, obscene, offensive or sexually explicit;
c) Does not contain or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
d) Does not infringe any third party’s intellectual property rights or privacy rights and do not breach any contractual duty or duty of confidence;
e) Is not misleading, threatening or harassing to any other person;
f) 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
g) Does not contain advertising or references to any other websites, addresses, email addresses, contact information, telephone numbers or other personal data.
4.4 We reserve the right not to accept or publish any entries that are incomplete or illegible or do not comply with these Terms and Conditions in spirit as well as letter.
4.5 If your entry breaches these Terms and Conditions at clause 4.3 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.
4.6 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 Competition.
4.7 An entry must be received during the Competition 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.

5. How we will use your Recording
5.1 You (or your licensors) will own the copyright in your Recording. However, by submitting an entry to us, you grant us a free, non-exclusive, worldwide, unconditional and unlimited right for us to use, copy, publish, edit, delete, exploit and distribute your Recording in any way including (without limitation):
a) Making your Recording available to the public via Umbro’s social media accounts (including Instagram, Facebook, Tik Tok and X), and/or any other social media channels or websites owned or used by Umbro or our associated companies or licensees
b) Reproducing copies of the Recording on vinyl or other such sound storage media or formats. You confirm that you have obtained any and all requisite permissions/releases to enable us to use the Recording in this way (including in respect of any intellectual property rights of third parties contained therein).
5.2 You acknowledge that we are under no obligation to make your Recording available or to recognise or credit you (or anyone else) as the author, producer or other such creator of the Recording whether online or in any promotional or marketing materials or otherwise, in connection with any use of your Recording but that we may include your social media handle in any and all such material in our sole discretion.
5.3 You waive and/or agree not to assert against Umbro any and all so-called "moral rights" or similar rights now existing or created in the future in any part of the world in respect of the Recording and hereby agree not to make any claim against us or any party authorised by us to exploit the Recording based on such moral or similar rights.
5.4 We may publish your name and the county/country that you live in to announce the winner; we will process your data in accordance with our Privacy Policy.
5.5 In addition to the above, we will use the contact details that you provide to us as part of the Competition for the purpose of administering the Competition (including contacting you to confirm if you are a winner), providing updates to you on the Competition 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 and/or the Club) 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 (EU) 2016/679. Further details are set out in our Privacy Policy.

6. How the winners are selected
6.1 This is an international competition; there will be only one (1) winner to whom we will be awarding one (1) prize (see details in clause 7.1 below). A representative of Umbro will select a minimum of two (2) finalists from the eligible entries. These Recordings will then be posted on the stories section of Umbro’s Instagram account (@umbro) where the account’s followers will be asked to vote for their favorite Recording. The winner will be the entrant whose Recording receives the most votes in the Instagram public vote.
6.2 All decisions by Umbro are binding and final, and no correspondence will be entered into.
6.3 The winner 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 may be selected according to the votes cast in the Instagram public vote.
6.4 The winner’s name will be published on, Umbro social media channels and websites and the social media and websites 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 tactics@umbroIn such circumstances, we must still provide the information to the Advertising Standards Authority on request. 

7. The prize 

7.1 The prize is a limited edition framed vinylAll taxes and all other costs associated with prize acceptance not specified herein as being provided are the sole responsibility of the winner.   


7.2 By participating in the Competition, 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 Competition-related activity or participation in this Competition.  The Releasees shall not be liable for: (i) late, lost, delayed, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, 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 Competition (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 Competition.   


7.3 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. 


7.4 We may offer other prizes to entrants of the Competition at our discretion. Any such winners will be based on the same criteria as set out in clause 6.1 above. 


8. General 

8.1 As far as is legally possible, this Competition 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. 


8.2 Participants in the Competition 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 Competition or these Terms and Conditions.  Any portion of the Competition 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 Competition.  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 Competition, to be acting in violation of these Terms and Conditions, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Competition, 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.  (U.S.: Participants in the U.S. may be issued an IRS Form 1099 for the ARV of any awarded prize.) 


8.3 Within ninety (90) days of the end of the Competition, the names of the winners can be obtained through the mail by sending the request to: [email protected]. 


8.4 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. 

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