1 - Introduction
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. 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 - Stage 1 of the Competition (“Stage 1”) will open at 3PM GMT on 8th April 2023 and the closing time for entries is 15th June 2023 at midnight GMT (“Stage 1 Competition Period”). Entries submitted after this time will not be entered into Stage 1.
3.2 - Stage 2 of the Competition (“Stage 2”) will open at 12PM GMT on the day the Umbro Products (as defined in clause 4.2) are sent to the Stage 1 finalists by Umbro and entries must be submitted within twenty eight (28) days (“Stage 2 Competition Period”). Entries received after this time will not be entered into Stage 2.
4. How to enter
4.1 - Stage 1: to enter Stage 1, you must complete and submit the online submission form located at umbro.com. Each submission must include no more than three (3) photographs and/or videos of the item you have upcycled together with a short description of the upcycling process, including the products and methods used and why you deserve to win the prize. Entries are limited to one per entrant. Umbro will select four (4) finalists from the Stage 1 entries who will each be invited to enter Stage 2.
4.2 - Stage 2: to enter Stage 2, you must use or ‘upcycle’ the Umbro products delivered to you by Umbro (“Umbro Products”) to create an original upcycled product (“Upcycled Product”) and submit photographs (and, if required by Umbro, a short video recording) of the same (the “Content”) to Umbro by email at [email protected], or such other email address as notified to you by Umbro. Entries must be your own work and must not contain any products other than the Umbro Products. The Content 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 Upcycled Product. You will be asked to sign a waiver and intellectual property assignment (“Assignment”) in relation to the Content and the Upcycled Product. Completion and signature of the Assignment is a condition of entry into Stage 2 and failure to provide a signed Assignment to Umbro when requested may result in your entry being withdrawn by Umbro.
4.3 - When you submit an entry to either or both of Stage 1 and Stage 2, you confirm to us that:
a. the upcycled work submitted is your own;
b. you own the photograph(s) and or video and the content of the same;
c. you have obtained, where necessary, the consent of any person featured in the Content with any image or other rights to the submission of the Content 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).
4.4 - You must ensure that each of your entries to Stage 1 and (if applicable) Stage 2:
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 does 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 (save for your image).
4.5 - 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.
4.6 - If your entry breaches these Terms and Conditions at clause 4 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.
4.7 - If at any time you want to cancel your entry or remove your Content, you can do so by writing to us at [email protected]. Please note that if you cancel your entry or remove your Content, you will automatically be withdrawn from the Competition.
4.8 - An entry into Stage 1 must be received during the Stage 1 Competition Period, according to the computer time on Umbro’s server. An entry into Stage 2 must be received during the Stage 2 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) and/or video
5.1 - Stage 1: you (or your licensors) will own the copyright in your photograph(s) and they will be used by Umbro to choose the finalists for Stage 2. These photograph(s) will not be used in any other way and will not be published, edited, distributed in any way by us.
5.2 - Stage 2: Umbro shall own the copyright, design and any similar such right and any other intellectual property right (“IP Rights”) in and to the Content and the Upcycled Product indefinitely and may use and exploit the same in its sole discretion including (without limitation) making the Content available to the public via Umbro’s social media accounts (including Instagram, Facebook, Twitter and TikTok), umbro.com, and/or or any other social media channels or websites owned or used by Umbro or our associated companies or licensees. By submitting an entry to us, you agree to assign to Umbro all existing and future IP Rights in the Content and the Upcycled Product. You agree to promptly execute all documents and do all acts as may be necessary to give effect to this clause 5.2. You acknowledge that we are under no obligation to make your Content available or to recognise or credit you (or anyone else) as the creator of the Content or the Upcycled Product. 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 Content and hereby agree not to make any claim against us or any party authorised by us to exploit the Content based on such moral or similar rights.
6. How the winners are selected
6.1 - This is an international competition; there will be only one (1) overall winner to whom we will be awarding one (1) prize. (See details in clause 7.1 below.) The winners of Stage 1 will be selected by a representative of Umbro. The winner of Stage 2 will be the Stage 2 entrant whose Upcycled Product receives the most votes in the public vote described in clause 4.2 above. Second and third place prizes may also be awarded depending on the outcome of the public vote.
6.2 - All decisions by Umbro are binding and final, and no correspondence will be entered into.
6.3 - The Stage 1 winners will be promptly notified by private email message from Umbro. A direct response from the Stage 1 winners to confirm their acceptance and contact details is required within seven (7) days of our email message in order to proceed to Stage 2. If a Stage 1 winner cannot be contacted following reasonable efforts within that seven (7) day period, that Stage 1 winner will lose their entitlement to enter Stage 2 and an alternate Stage 1 winner will be selected.
6.4 - The Stage 2 winner will be promptly notified by private email message from Umbro. A direct response from the Stage 2 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 the Stage 2 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 according to the votes cast in the public vote.
6.5 - Winners’ names (for Stage 1 and Stage 2) will be published on umbro.com, Umbro social media channels 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 [email protected]. In such circumstances, we must still provide the information to the Advertising Standards Authority on request.
7. The prize
7.1 - The winner of the Competition will have the opportunity to enter into a twelve (12) month contract with Umbro as part of our Diamond FC team of social media influencers (subject to entry into the relevant talent agreement with Umbro). As part of such contract, the winner will (i) receive Umbro branded products from Umbro at regular intervals; (ii) be required to participate in a variety of photo/video shoots, personal appearances, trade shows and other publicity and marketing initiatives wearing such products; and (iii) be required to publish posts on the winner’s social media accounts as agreed with Umbro. Full terms of the contract will be set out in a talent agreement to be entered into between the winner and Umbro. 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 - 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].