@TeamMessi Barcelona vs Milan Match Ticket Twitter Competition
Terms and conditions
for adidas @TeamMessi Twitter Competition to win a match ticket to see Barcelona vs Milan at the Camp Nou Stadium, Barcelona on Wednesday 06/11/2013
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.
1. The Terms apply to the adidas @TeamMessi Twitter contest (Promotion) by adidas International Trading B.V. (Promoter), located at Hoogoorddreef 9a, 1101 BA Amsterdam, the Netherlands.
2. The Promotion starts on 2nd November 2013 at 12:00pm (CET) and closes on 6th November 2013 at 14:00pm (CET).
3. These Terms are available at the following websites: http://www.adidas.com/com/pages/legal/bacelona-milan-twitter
4. The Promotion is open to all individuals that have reached the age of 18, with the exception of the persons mentioned in clause 6 hereof. Individuals of 14, 15, 16 and 17 years old can only participate if accompanied by a parent, guardian or legal representative over the age of 18. If the individual is under the age of 18 and without an adult, they will forfeit their ticket. Promoter may request proof of identity for both individual’s age and identity of parent, guardian or legal representative. Individuals of 13 years or younger are under all circumstances excluded from participation.
5. Participant must be in Barcelona on the day of the competition, and able to meet the Promoter at an arranged time to collect the winning ticket.
6. 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.
7. The Promotion will open on 2nd November 2013 at 12:00pm (CET) and close on 6th December 2013 at 14:00pm CET (Promotional Period). All entries received before the Promotional Period opens and after the lapse of the Promotional Period are excluded from participation and will not be taken into consideration.
8. Participating in the Promotion takes place by:
a. Promoters designating Messi iconic locations in Barcelona, and communicating where these locations are via the @TeamMessi Twitter account. These locations will be:
1. Camp Nou. Carrer d'Aristides Maillol, 12 08028 Barcelona, Spain
2. adidas performance store. Passeig de Gràcia, 3, 08007 Barcelona, Spain
3. adidas originals. Carrer d'Avinyó, 6, 08002 Barcelona, Spain
4. Canaletas Fountain (Font de Canaletes). La Rambla, 133.
b. Participants will then take a photo of themselves in front of one of the named Messi iconic landmarks/addresses and tweet it in to @teammessi, with the text “I want to go to the match with Team Messi #TeamMessiUCL”/“Quiero ir al partido con Team Messi #TeamMessiUCL” during the Promotion period times to enter the competition.
c. Promoters then monitoring these tweets during the designated Promotional Period, and choosing one participant who has abided by all Terms and Conditions to be the winner of the competition.
d. Once a winner is chosen, Promoters will contact the chosen individual by Twitter Direct Message (DM) via the @TeamMessi Twitter account to confirm legibility to take part in the competition, as pertaining to the terms.
e. Participants accepting and adhering to these Terms unconditionally; and
9. Entry is limited to once per Twitter account.
10. The Promotion is a promotion without a purchase obligation.
General rules of behaviour
11. Participants may not use the Promotion for the expression of political or religious ideas.
12. 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.
13. 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.
14. Entrees may not in any way harm Promoter, its affiliates, its agents and/or the brand of adidas (or any other brand of Promoter).
15. 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.
16. Participants cannot derive any rights from their participation and have no right to any payment or other compensation for their entry or their participation.
17. Promoter retains the right to exclude participants from participating in the Promotion and to delete entrees from the Website, if these are not in line with these rules of behaviour or are otherwise in conflict with the Terms.
In case a third person, different than the Participant, appears in the picture appears, Participant warrants that this third person has given his consent to these T&C, especially those related to Intellectual Property Rights. 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 his image by Promoter or its affiliates or licensees.
Intellectual property rights
18. By entering into this Promotion, participant agrees that all intellectual property rights in and to materials included in any entry (even if not selected as the winning entry) shall belong absolutely and exclusively to Promoter (or such other company as Promoter shall designate), to the extent permitted by law. Participant agrees to assign, or to procure the assignment, to Promoter (or such other company as Promoter shall designate) of all such right, title and interest in and to such intellectual property rights, to the extent permitted by law. 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.
19. Without the generality of clause 20, 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.
20. Participants are not entitled to any compensation in return for the assignment of rights pursuant to clause 20 or for any use of an entry pursuant to clause 21.
21. By participating in the Promotion, participant agrees to Promoter using free of charge participant’s name, photograph, and general location for publicity and news purposes relating to the Promotion.
22. By entering into this Promotion, participant warrants and 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.
23. By participating in the Promotion participant shall provide all additional information relating to the entry, if so requested by Promoter.
24. Promoter is not obliged to use the entry in relation to the @TeamMessi Twitter Competition 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).
25. It is prohibited to reproduce or publish anything relating to the Promotion without the prior explicit written consent of Promoter.
26. Promoter is authorised to remove from, shorten or amend entrees in text or image on the Website.
27. The Promotion provides for a chance to win a prize. There will be one prize consisting of a ticket for the chosen winner and:
a. a parent, guardian or legal representative over the age of 18 if the winner is of 14, 15, 16 or 17 years of age
b. a chosen friend or accomplice, if the winner is of 18 years or older
28. The winner will be the entrant with the best picture from a shortlist of entries that match the criteria specified in the contest conditions. The final winner will be informed before 14:30pm CET by the Promoter through Twitter Direct Message from the @TeamMessi account. In this message, the promoter will ask the participant to respond with a confirmation of their age, their availability to meet at a chosen location in Barcelona on the same day, and their name and contact number.
29. Once the points in Clause 28 are confirmed, the Promoter will then contact the winner by telephone or Direct Message to arrange a meeting place, where the tickets will be handed over. The winner must confirm before 15:30pm CET that they will be able to meet the Promoter.
30. It is the responsibility of the winner to ensure that they are able to meet the Promoter in the chosen location at the time specified by the Promoter. If the winner has not met the Promoter, or contacted the Promoter to warn of their late arrival (which will not exceed x minutes of the specified time in any case), the Promoter will retain the right to withhold the tickets and cancel the handover meeting. The winner will be informed of this before the decision is made.
31. The winner agrees and accepts that all taxes or charges related to the Prize will be for his/her account.
32. 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).
33. A Prize is indivisible and can only be accepted as granted.
34. Promoter reserves the right to modify or withdraw a Prize. The alternative prize will be of at least an equivalent or greater value.
35. Prizes that are not redeemed for whatever reason remain the property of Promoter. In case of a rejection of a Prize, the Prize also falls to Promoter.
36. If a winner cannot be contacted or fails to confirm acceptance of the Prize within one hour 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
37. 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, travel, sustenance, stadium memorabilia and any other charge related to attending the meeting location at the Camp Nou stadium are for the account of the participants.
38. 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.
39. 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.
40. 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.
41. 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.
42. If a Promotion, for whatever reason, progresses differently than foreseen, for instance, in the event that adidas @TeamMessi contest does not take place or is abandoned, postponed, rearranged or curtailed or the Promotion appears to be in conflict with applicable law, Promoter reserves the right to annul, terminate, amend or postpone the Promotion without any liability of Promoter and without a right of compensation for the participants.
43. By participating in the Promotion participants' personal data are processed by Promoter, the controller of the personal data, and also by Promoters’ agency involved in administering the Promotion.
44. Participants' personal data shall be processed 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 firstname.lastname@example.org .
45. At all times Promoter reserves the right to exclude participants with invalid or false entries or invalid or false personal information from participation.
46. 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.
47. Promoter is authorized at all times on reasonable grounds to exclude or disqualify participants without a right of recourse against Promoter.
48. 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.
49. This Promotion is void where the Promotion is prohibited. It is the responsibility of the participants to ensure their legal eligibility to participate.
50. No rights can be derived from the Promotion or its result.
Applicable law / disputes
51. The decision of Promoter is final and binding. No correspondence will be entered into relating to the result of the Promotion.
52. 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.
53. 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 Amsterdam/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.
54. 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.
55. 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 Trading B.V., to the attention of the Legal Department, Hoogoorddreef 9a, 1101 BA, Amsterdam Z-O, the Netherlands.