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 residents of Iran, North Korea, Quebec, Myanmar, Sudan and Syria. 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. 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 the @umbro social media account and the closing time for entries will be as advertised in such social media post (“Competition Period”). Entries received after this time will not be entered into the Competition.
4. How to enter
4.1 To enter the Competition, you must complete and submit the online submission form located at umbro.com. Each submission must include up to three (3) photographs of your tattoo together with a short description of the story behind your tattoo. Your tattoo and backstory must demonstrate your passion for the football club associated with the Competition (“the Club”).
4.2 When you submit an entry, you confirm to us that:
- you own the photograph(s);
- you have obtained, where necessary, the consent of any tattoo artist with any copyright or other rights in a tattoo that features in the photograph(s) (and/or you have not received an objection from any such person) to the submission of the photograph(s) to us and the granting to us of the rights set out in these Terms and Conditions; and
- you have obtained, where necessary, the consent of any person featured in the photograph(s) with any image or other rights (and/or you have not received an objection from any such person) to the submission of the photograph(s) to us and the granting to us of the rights set out in these Terms and Conditions.
4.3 You must ensure that your entry:
- is accurate and that any opinions you express are genuinely held;
- complies with the law and does not constitute or assist in any unlawful or criminal activity;
- does not contain any material which is defamatory, obscene, offensive or sexually explicit;
- does not contain or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- does not infringe any third party’s intellectual property rights or privacy rights and do not breach any contractual duty or duty of confidence;
- is not misleading, threatening or harassing to any other person;
- 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
- 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).
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 3 we may also:
- temporarily or permanently prevent you from using any of Umbro’s websites or applications;
- issue a warning to you;
- 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
- 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 photograph(s)
5.1 You (or your licensors) will own the copyright in your photograph(s) and any other assets you submit to us. 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 photograph(s) and assets in any way including (without limitation) (i) using the design (or elements of the design) of the tattoo featured in the photograph(s) to create and produce a limited edition football shirt in collaboration with the Club for sale by the Club; and (ii) making your photograph(s) available to the public via Umbro’s Instagram account @umbro, umbro.com, the Club’s website and social media accounts and/or any other social media channels or websites owned or used by Umbro or our associated companies or licensees. You confirm that you have obtained any and all requisite permissions/releases to enable us to use the photograph(s), tattoo designs and any other assets in this way (including in respect of any intellectual property rights of third parties contained therein or any other person in connection with the tattoo). You acknowledge that we are under no obligation to make your photograph(s) available or to recognise or credit (i) you (or anyone else in the photograph(s)) as the photographer of the photograph(s) or (ii) you or any tattoo artist as the designer of the tattoo. 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 tattoo design and/or photograph(s) and hereby agree not to make any claim against us or any party authorised by us to exploit the tattoo design based on such moral or similar rights.
6. How the winners are selected
6.1 This is an international competition; we will be awarding a maximum of four (4) prizes. (See details in clause 7.1 below.) The winners of the prizes will be selected by a representative of Umbro within thirty (30) days from the closing date from all eligible entries.
6.2 All decisions by Umbro are binding and final, and no correspondence will be entered into.
6.3 The winners will be promptly notified by private email message from Umbro. A direct response from a 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.
6.4 Winners’ names will be published on Umbro social media channels and websites and the social media and websites of the Club and 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.
7. The prizes
7.1 The prize is one of the limited edition football shirts featuring the design created from the winning entries. All 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 If you are a winner, we may require you to attend a football shirt launch in which you will film and photograph yourselves during the launch in accordance with the instructions we provide then submit the resulting film and photographs to us to use in promotional and marketing activity by Umbro. This may include, but is not limited to, posts on Umbro’s website and social media, the websites and social media of the Club and/or Umbro’s official partners, press and at retail or events.
7.5 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 1 above.
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.