• 08-NOV-2016

Terms and Conditions for adidas Rugby Insider Challenge – All Blacks (Promotion)

Please read these terms and conditions (Terms) carefully. The Terms contain important  information. By participating  in this Promotion, each participant  (You) declare to agree to the applicability  of the Terms.
 
 
Promotion
 
 
1. The Terms apply to the Promotion by adidas (UK) Limited, The adidas Centre, Pepper Road, Hazel Grove, SK7 5SA (Promoter) and adidas International Trading B.V, Hoogoorddreef 9a, 1101 BW Amsterdam, the Netherlands (Data Controller).
 
 
Requirements
 
 
2. The Promotion is open to all United Kingdom residents who have reached the age of 16 with the exception of those mentioned in the below Clause 3. If You are 16 and 17 years of age, You can only  participate  after  consent  of  Your  parent(s),  guardian(s)  or  legal  representative(s). Promoter may request written  proof of such consent. Individuals of 15 years or younger are under all  circumstances  excluded from  participation.  By participating  You declare to be a resident in a legal jurisdiction  in which the Promotion  is offered and to be able to lawfully enter into contractual relations in the United Kingdom.
3. If You are: (a) employees of Promoter, Data Controller,  any adidas Group entities or their agents or
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;  or  (c) anyone who participates for non-private purposes, You may not participate in the Promotion.
 
 
Participation
 
 
4. The Promotion will open on Tuesday 08 November 2016 and close on Friday 11 November 2016 at
9:00 (GMT) (Promotion  Period). All entries received after lapse of the Promotion Period are excluded from participation and will not be taken into consideration.
5. Participating in the Promotion takes place by You:
a. having a public account on Instagram and/or Twitter; and
b. following @adidasUK on Instagram or Twitter; and
c. posting a photo or video showing Your best rugby flair  and/or skill  via Your Instagram or
Twitter account; and
d. Using #RugbyInsiders and tag @adidasUK in the qualifying post or video; and
e.    Accepting   the    Privacy   Policy   of   Promoter    available    at    the    following    link:
http://www.adidas.co.uk/Privacy-Policy/help-topics-privacy_policy,en_GB,pg.html.
6. No other means for entries will be accepted than set out in the above Clause 5. Incomplete entries are not valid and will not be accepted.
7. Internet or Wi-Fi access is required.
8. One entry per either Your Twitter or Instagram account. If more than one entry is received, only the first entry will be accepted. The Promotion is a Promotion without a purchase obligation.
9. Entrants to the Promotion can retract their  submitted  Twitter/  Instagram entry by deleting their
entry during the Promotional Period.
 
 
General rules of behaviour
 
 
10. You may not use the Promotion for the expression of political or religious ideas.
11. Promoter has the right to refuse any entry which contains or any entry from an individual Twitter/ Instagram account that 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.
12. Entries may not conflict with applicable law or regulations, the rights of third parties (including
without   limit   intellectual  property   rights),   nor  may  they  incite,  advocate  or  express pornography, obscenity, vulgarity, hatred, bigotry, racism or gratuitous violence.
 
13. Entries may not in any way harm Promoter, Data Controller,  their affiliates,  their agents and/or the brand of adidas (or any other brand of Promoter).
14. You 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.
15. You cannot derive any rights  from Your participation  and have no right  to any payment or other compensation for Your entry or Your participation.
16. Entries must be in the English language.
17. Promoter retains the right to exclude You from participating  in the Promotion and to delete Your entry from the Website and its other social media channels without prior notice to You, if the entry is not in line with these rules of behaviour or is otherwise in conflict with the Terms.
 
 
Intellectual property rights
 

 
18. By entering into this Promotion, You agree that all intellectual property rights (including and not limited to, rights in designs, trademarks, copyrights and rights of a similar nature) subsisting or emerging anywhere in the world and that all materials  included in any entry You submit (even if not selected as the winning entry) shall belong exclusively to Promoter to the extent permitted by law.
19. You agree to assign, or to procure the assignment, to Promoter of all such right, title and interest
in and to such intellectual property rights to the extent permitted  by law. You agree that the consideration for this assignment is satisfied in full by Promoter’s  agreement to Your participation in the Promotion with the opportunity of You winning one of the prizes awarded by Promoter  for winning entries.  You further  agree 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.
20. If You may not lawfully assign to promoter any copyrights or rights of a similar nature subsisting in or emerging from any work comprised in Your entry materials,  then You grant to Promoter (with the acceptance of Promoter) a perpetual, exclusive, irrevocable, worldwide, assignable, unlimited right of use of such work to the extent permitted by law. The right of use granted by You to Promoter shall be full compensated by Promoter’s  agreement to Your participation in the Promotion with the opportunity of You winning one of the prizes awarded by Promoter for winning entries. The right to use includes, and is not limited to, any and all fields of use and exploitation   and  in   particular    the   publication,   reproduction,   distribution,    translation, exhibition, presentation  and broadcasting of the respective  work.  The right  of use further includes but is not limited  to, the specific use and exploitation of the respective work in the manufacture,  sale, supply, distribution,  advertising and promotion  of products. The right  of use further  includes  but is not limited  to, making  any and all  modifications,  adaptations, enhancements  and  additions  to  the  respective  work  as  Promoter  may  in  its  absolute discretion see fit. You warrant to Promoter that you are able to grant to promoter the right of use.
21. You acknowledge and agree 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 obligation to do so) at any time on and in relation to any adidas product or otherwise.
22. You are not entitled to any compensation in return for the assignment of rights or grant of right of use pursuant to the above Clauses 18, 19 and 20.
23. By participating in the Promotion, You agree to Promoter and Data Controller  using free of charge
Your 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 such purposes, You agree that this right of use extends to use of 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.
24. By participating  in the Promotion,  You unconditionally  and irrevocably waive, insofar  as legally possible, any moral rights of any nature in or in relation to any work comprised in the entry. Without limitation  to the generality of this Clause, You agree and shall procure that neither Promoter  nor any other  company is obliged to identify You as author  of the work, unless required by law.
25. By entering into this Promotion, You warrant and represent that all works comprised in Your entry
are Your own original work and do not copy, nor incorporate the work of any third party and that use of the entry by Promoter, Data Controller  or its affiliates will not infringe third party intellectual property rights. By entering into this Promotion, You agree to indemnify and hold harmless  Promoter,  Data Controller,  their  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,  Data Controller  or their affiliates or licensees or arising out of Your breach of these Terms.
 
if so requested by Promoter or Data Controller otherwise Your entry will not be accepted.
 
 
Publication
 

 
27. It is prohibited to reproduce or publish anything relating to the Promotion without the prior explicit written consent of Promoter.
28. Promoter is authorised to remove, shorten or amend entries on the Website.
 
 
Prizes
 

 
29. The Promotion provides for a chance to win a prize. There will be fifteen (15) prize winners who shall win the opportunity to take part in a “Captain’s Run” training session with the Maori All Blacks team in or around Greater London on or around Tuesday 15 November 2016 (Prize). The Promoter will not be responsible and/or liable for any expenses you incur in addition to the Prize (including,  without  limitation,  travel  expenses, accommodation, spending money, insurance, taxes, food and/or drink).
30. The Promoter  may require the winners  to complete a consent and release  of liability  prior  to
participating in the Prize. The promoter reserves the right to exclude you from the Prize if you fail to complete a consent and release of liability if requested.
31. For the avoidance of doubt, the Promoter  reserves the right  to make alterations  to the winning entries.
32. An independent adjudicator will select fifteen (15) winners from all correctly submitted entries on
or around Friday 11 November 2016 (for the avoidance of doubt, after the Promotion closing time) based on the entrants who, in their opinion, demonstrated the highest level of skill  in their qualifying photo or video.
33. The Promoter will notify and instruct  winner(s) how to claim a Prize by Twitter /Instagram  within one day after the draw regarding delivery of a Prize(s). On such contact, the winner may be required to provide additional information as requested by Promoter.
34. By entering the competition the winner agrees to act responsibly at all times during use of the
Prize.
35. The winner(s) can claim Prize(s) until one day after the notification as set out in the above Clause
33 after which date the right to a Prize can no longer be exercised.
36. It is the responsibility of the winner(s) to ensure that they are able to accept the Prize and make use of the Prize(s).
37. The winner(s) agree and accept, once the winner(s) have redeemed the Prize(s), that all taxes or
charges related to the Prize(s) will be for his/her account.
38. No cash alternative to a Prize(s) is available.
39. A Prize cannot be exchanged for another prize. A Prize is personal and non-transferable. The winner(s) agree not to sell, offer to sell or use the Prize for any commercial  or promotional purpose (including placing a Prize on an internet auction site).
40. A Prize is indivisible and can only be accepted as granted.
41. Promoter  reserves the right  to modify or withdraw a Prize(s). The alternative prize will  be of at least an equivalent or greater value.
42. 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.
43. If a winner cannot be contacted or fails to confirm  acceptance of a Prize(s) within the period set out above notification or cannot make use of a Prize(s) for any reason, Promoter reserves the right to select an alternative winner and the original winner will forfeit the Prize(s).
44. Details of the winner’s  name and location will  be available between 16 November 2016 and 16
February 2017 by sending a stamped self-addressed envelope to adidas UK, Customer Care, PO Box 1512, Chelmsford, Essex, CM1 3YB.
 
 
Limitation of liability

 
45. Promoter and Data Controller  are not responsible or liable for Your costs or expenses of in connection with or relating to participating  in the Promotion. The costs of the use of internet are for Your account.
46. Promoter and Data Controller  are not responsible and exclude 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 or Data Controller.
 
technologies  used, in  the  broadest  sense, during  the  Promotion  and the  hardware  and software configuration used by You.
48. The winners  acknowledge that the availability, dates and times of the Prize are subject to the schedule of fixtures,  over which the Promoters  have no control.  The Promoters  will  not be liable in the event that the winner and/or their guest are not available on or around the date and/or time notified to them by the Promoters.
49. To the fullest  extent  allowed  by applicable  law, Promoter,  Data Controller  and any agencies
involved in the Promotion are not responsible or liable for any loss, damages or injury caused by participation in the Promotion.
50. Where a Prize is delivered to a winner by post, Promoter is not liable for the acts or omissions of any courier or mail delivery.
51. You must act responsibly at all times during the Prize. Representatives delivering the Prize and/or
the Promoter  shall  be entitled  to prevent You and/or  any person from  attending the Prize event or remove  you from  the Prize event if either  deems your behaviour unsuitable.  The Promoter  will  not be responsible for  any additional  costs incurred  should You be refused entry or removed from the Prize event.
 
 
52. If a Promotion,  for whatever reason,  progresses differently  than foreseen, for instance, in the event that Prize 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 or Data Collector and without a right of compensation for You.
53. Social media  channels  (such  as Facebook, Instagram,  Tumblr  or  Snapchat) involved in  the
Promotion  are  in  no way responsible or  liable  to You.  The Promotion  is not  sponsored, endorsed or administrated by, or associated with the social media channel.
 
 
Personal Data

 
54. By participating  in  the  Promotion  Your  personal  data are  processed by Data Controller,  the controller  of the personal data, and also by the Data Controller’s  agency involved in administering the Promotion.
55.  Save to  the  extent  that,  by  entering  the  Promotion,  You  consent  to  receiving  marketing
communications from the Promoter and/or the Data Controller,  Your 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). You can request access to and/or submit a request for rectification or removal of their personal data. For these purposes You can contact Data Controller  at the below address or by e- mailing dataprotection@ adidas-group.com.
 
 
Exclusion of participants
 
 
56. At all times Promoter reserves the right to exclude You if you provide an invalid or false entry or invalid or false personal information.
57. Promoter  reserves  the  right,  at  its  sole discretion,  to  disqualify  You  if  You  are  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.
58. Promoter is authorised at all times on reasonable grounds to exclude or disqualify You without a right of recourse against Promoter.
59. Promoter reserves the right to exclude You in case of (or 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.
60. This Promotion is void where the Promotion is prohibited. It is Your responsibility to ensure Your legal eligibility to participate.
61. No rights can be derived from the Promotion or its result other than set out in these Terms.
 
 
Applicable law / disputes
 
62. The decision of Promoter is final and binding. No correspondence will be entered into relating to the result of the Promotion.
63. 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.
64. The Terms are governed by and construed in all respects in accordance with the laws of England and Wales. Any and all disputes arising out of or in connection with the Terms shall in the first
 
that this shall not preclude or prejudice Your right to take any legal proceedings in another court of competent jurisdiction in accordance with applicable mandatory law.
65. Promoter  reserves the right  at all times to amend the Terms without any liability  to You or any third party. A revised version of the Terms will be published on the Website.
66. 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 (UK) Limited, for the attention of the Legal Department, The adidas Centre, Pepper Road, Hazel Grove, SK7 5SA.