Terms and conditions
for Climawarm+ Instagram Competition
Please read these terms and conditions (Terms) carefully. The Terms contain important information. By participating in this promotion, each participant declares to agree to the applicability of the Terms.
The Terms apply to the Climawarm+ Instagram Competition (Promotion) by adidas International Marketing B.V. (Promoter), located at Hoogoorddreef 9a, 1101 BW Amsterdam, the Netherlands.
The Promotion is open to all individuals have reached the age of 16 with the exception of the persons mentioned in clause 4 hereof. Individuals of 15 years or younger are under all circumstances excluded from participation.
Participation is excluded for (a) employees of Promoter or its agents and their first and second degree family members, as well as (b) anyone else who is directly or indirectly professionally connected with the Promotion and their family members and (c) anyone who participates for non-private purposes.
The Promotion will open on 1st November 2013 at 00:00am and 30th November at 23:59pm (Promotional Period). All entries received after lapse of the Promotional Period are excluded from participation and will not be taken into consideration.
Participating in the Promotion takes place by:
Posting an image on the photosharing service Instagram using the hashtag #warmdontquit; and
accepting and adhering to these Terms unconditionally; and
No other means for entries will be accepted than set out in clause 6. Incomplete entries are not valid and will not be accepted.
One entry per person. If more than one entry is received, only the first entry will be accepted.
The Promotion is a promotion without a purchase obligation.
General rules of behaviour
Participants may not use the Promotion for the expression of political or religious ideas.
Promoter has the right to refuse any entry which contains material which is offensive, insulting, injurious, obscene, offending, vindictive, indecent, perverted, immoral, aggressive, sexually oriented, racist, derisive, slanderous, discriminatory, or in any other way not in line with good taste and decency, or which Promoter deems in its sole discretion to be otherwise unacceptable.
Entries may not conflict with applicable law or regulations, the rights of third parties, nor may they incite, advocate or express pornography, obscenity, vulgarity, hatred, bigotry, racism or gratuitous violence.
Entries may not in any way harm Promoter, its affiliates, its agents or any brand of Promoter.
Participants may not upload, post, email or otherwise make available any material that contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the use of any software or devices on the Website.
To the extent permitted by law participants cannot derive any rights from their participation and have no right to any payment or other compensation for their entry or their participation.
Entries must be in the English language.
Promoter retains the right to exclude participants from participating in the Promotion and to delete entries from the Website, if these are not in line with these rules of behaviour or are otherwise in conflict with the Terms.
Intellectual property rights
By entering into this Promotion, participant agrees that the following intellectual property rights in and to materials included in any entry (even if not selected as the winning entry) shall belong exclusively to Promoter or its affiliate to the extent permitted by law:
the right to publish, copy and making the material accessible to the public;
the right to modify the material in order to publish, copy or making it accessible to the public.
Participant agrees to assign, or to procure the assignment, to Promoter or its affiliate of all such right, title and interest in and to such intellectual property rights. Participant further agrees to execute, or procure the execution of, such documents and do, and procure the doing of, all such acts or things as are required for the purpose of giving effect to this assignment.
Without limiting the generality of clause 18, participant acknowledges and agrees that Promoter (or any other company designated by Promoter) may use, reproduce, adapt, translate, digitise, publish, revise, disclose, modify, transfer or otherwise exploit entries (but is under no obligations to do so) at any time on and in relation to any adidas product or otherwise.
Participants are not entitled to any compensation in return for the assignment of rights pursuant to clause 18 or for any use of an entry pursuant to clause 19.
By participating in the Promotion, participant agrees to Promoter using free of charge participant’s name, photograph, image, video, voice recording and general location for publicity and news purposes relating to the Promotion and for a duration which is necessary for the organisation and publicity of the Promotion. For purposes of this clause, participant agrees that this assignment concerns any support or media whether existing or created in the future, and shall include as a non-limited list of examples: promotional documentation, newspapers, television, magazines, and books (both paper and electronic); Internet (including other websites, web casts, multimedia links and social networks) etc.
By participating in the Promotion, participant unconditionally and irrevocably waives, insofar as legally possible, (the execution of claims based on) any moral rights of any nature in or in relation to any work comprised in the entry. Without limit to the generality of the foregoing, participant agrees and shall procure (by non execution of its rights) that neither Promoter nor any other company is obliged to identify participant as author of the work, unless required by law.
By entering into this Promotion, participant represents that all works comprised in participant’s entry are his/her own original work and do not copy, nor incorporate the work of any third party and that use of the entry by Promoter or its affiliates will not infringe third party intellectual property rights. By entering into this Promotion, participant agrees to indemnify and hold harmless Promoter, its affiliates, officers, directors, employees, agents, licensees and customers from and against any claim or demand (including reasonable legal fees) by a third party relating to the use of the entry by Promoter or its affiliates or licensees or arising out of participant’s breach of these Terms.
By participating in the Promotion participant shall provide all additional information relating to the entry, if so requested by Promoter.
Promoter is not obliged to use the entry in relation to the Climawarm+ activation and reserves its right to adopt an alternative name regardless of whether that alternative name was submitted as an entry as part of this Promotion.
It is prohibited to reproduce or publish anything relating to the Promotion without the prior explicit written consent of Promoter.
Promoter is authorised to remove from, shorten or amend entries in text or image on the Website.
28. The Promotion provides for a chance to win a prize. There will be three main prizes of one ClimaWarm+ shirt signed by David Beckham, a ClimaWarm+ Mid-Layer Fleece Sweatshirt and a pair of ClimaWarm+ Ride Shoes - the Fleece Sweatshirt will be personalised with the personalization agreed with adidas before being carried out - each with a value of £250. Seven runners up prizes will also be available. The runners up prizes consist of one ClimaWarm+ Mid-Layer Fleece Sweatshirt and a pair of ClimaWarm+ Ride shoes. Sizes will be defined by the winners (Prize).
The winners will be selected in a random draw to take place by an independent person or by a computer process on or around 30th November 2013. One Prize per winner. Promoter will notify and instruct each winner how to claim the Prize by email within two weeks after the draw regarding delivery of the Prize.
The winner can claim a Prize until 21 days after the notification as set out in clause 30 after which date the right to a Prize can no longer be exercised. The prize will be dispatched to the winner within 21 days after claiming the Prize.
It is the responsibility of the winners to ensure that they are able to accept the Prize and make use of the Prize.
The winner agrees and accepts - once the winner has redeemed the Prize - that all taxes or charges related to the Prize will be for his/her account.
No cash alternative to the Prize is available.
A Prize cannot be exchanged for another prize. A Prize is personal and non-transferable. The winner agrees not to sell, offer to sell or use the Prize for any commercial or promotional purpose (including placing the Prize on an internet auction site).
A Prize is indivisible and can only be accepted as granted.
Promoter reserves the right to modify or withdraw a Prize. The alternative prize will be of at least an equivalent or greater value.
Prizes that are not redeemed for whatever reason remain the property of Promoter. In case of a rejection of a Prize, the Prize falls to Promoter.
If a winner cannot be contacted or fails to confirm acceptance of the Prize within 7 days of notification or cannot make use of the Prize for any reason, Promoter reserves the right to select an alternative winner and the original winner will forfeit the Prize.
Limitation of liability
Promoter is not responsible or liable for costs or expenses of participants in connection with or relating to participating in the Promotion. The costs of the use of internet are for the account of the participants.
Promoter is not responsible and excludes any liability for (i) network- (cable, internet or other relevant networks), computer hardware or software disruptions of whatever nature which might lead to a limited, delayed or lost entry, (ii) other problems or calamities, of whatever nature, that are connected with the functioning of the network (cable, internet or other network), the Website, computer hardware or software, and (iii) mistakes in the entering or processing of personal data, except in case of gross negligence or wilful misconduct of Promoter.
Promoter is not responsible or liable for any incompatibility between technologies used, in the broadest sense, during the Promotion and the hardware and software configuration used by the participants.
To the fullest extent allowed by applicable law, neither Promoter nor any agencies involved in the Promotion are responsible or liable for any loss, damages or injury caused by participation in the Promotion.
Where a Prize is delivered to the winner by post, Promoter is not liable for the acts or omissions of any courier or mail delivery.
By participating in the Promotion participants' personal data are processed by Promoter, the controller of the personal data, and also by Promoters’ agency or other third party involved in administering the Promotion.
Unless participant has signed up for the adidas newsletter or has given consent to use his/her personal data otherwise, participants' personal data shall be processed by Promoter for the purpose of participating in the Promotion only and will only be retained as long as necessary for such purpose (i.e. until 3 months after the end of the Promotion). Participants can request access to and/or submit a request for rectification or removal of their personal data. For these purposes participants can contact Promoter at the below address or by e-mailing email@example.com.
Exclusion of participants
At all times Promoter reserves the right to exclude participants with invalid or false entries or invalid or false personal information from participation.
Promoter reserves the right at its sole discretion to disqualify any individual found to be tampering with the operation of the Promotion, or to be acting in any manner deemed by Promoter to be in violation of these Terms; or to be acting in any manner deemed by Promoter to be disruptive.
Promoter is authorized at all times on reasonable grounds to exclude or disqualify participants without a right of recourse against Promoter.
Promoter reserves the right to exclude participants in case of (suspicion of) foul play, fraud, or any (other) breach of the Terms without a right of recourse against Promoter. Organised or collective participation of the Promotion shall be regarded as a breach of the Terms.
This Promotion is void where the Promotion is prohibited. It is the responsibility of the participants to ensure their legal eligibility to participate.
No rights can be derived from the Promotion or its result other than set out in these Terms.
Applicable law / disputes
The decision of Promoter is final and binding. No correspondence will be entered into relating to the result of the Promotion.
If any clause of these Terms is found by a competent court or other competent authority to be void or unenforceable, that clause shall be deemed to be deleted and the remaining clauses shall continue in full force and effect.
The Terms are governed by and construed in all respects in accordance with the laws of the Netherlands. Any and all disputes arising out of or in connection with the Terms shall in the first instance be submitted to and settled by the competent courts of the Netherlands, provided that this shall not preclude or prejudice the right of the participant to take any legal proceedings in another court of competent jurisdiction in accordance with applicable mandatory law.
Promoter reserves the right at all times to amend the Terms without any liability to the participants or any third party. A revised version of the Terms will be published on the Website.
Promoter will execute the Promotion in compliance with applicable law and regulations relating to betting and gambling. Complaints or questions relating to the Terms and the Promotion can be submitted in writing to adidas International Marketing B.V., to the attention of the Legal Department, Hoogoorddreef 9a, 1101 BA, Amsterdam Z-O, the Netherlands.