Welcome to the Fila.co.uk website terms and conditions. This site is owned and operated by BB (UK) Ltd. If you want to ask us anything about these terms and conditions or have any comments or complaints on or about our website, please contact our support team on firstname.lastname@example.org. All items purchased from fila.co.uk are subject to the terms & conditions. Please read through them carefully before placing your order and if you have any doubt or queries relating to these terms and conditions, please e-mail our customer services team.
BB (UK) Limited will disclose personally identifiable information without your permission when required by law, or in good faith belief that such action is necessary to investigate or protect against suspected criminal activities to our customers, visitors, associates, or property (including this site), or to others.
Pricing and Order Fulfilment
BB (UK) Ltd endeavours to make all website pricing correct. In the event content on the website contains incorrect information, or a product is listed at an incorrect price, due to typographical errors or error in pricing information, BB (UK) Ltd shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. BB (UK) Ltd shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
Our vouchers must be used within a 12 month window and can only be applied on 1 item that is a higher cost then the limit available on the voucher.
To redeem your voucher, sign/open up an accout with fila.co.uk (which will activate your voucher). Then place the code into the 'voucher area' on the basket page this will activate your discount. Vouchers are to be used within a 6 month window and are not redemable against any Sales promotional during Black Friday/ Cyber Monday.
Any orders containing out of stock items will be either fully refunded or partially refunded within 7 days of the order being placed.
Orders are refunded to account details processed on the confirmation order.
If your residence / delivery address is within the European Union you will not be charged any customs duty because on the EU website, all prices are shown in the currency relevant to the zones selected. Prices that are shown include VAT.
We advise all our customers to view our size guides before purchasing to ensure they understand fully the sizing of the product before purchasing.
*PLEASE NOT WE ONLY REFUND ITEMS PURCHASED FROM THIS WEBSITE (FILA.CO.UK)
We are happy to refund any items (except undergarments) that have not been altered, washed or worn within 20 days of original order receipt. BB (UK) Ltd cannot be held liable for courier charges, customs duties or lost parcels. Gift Cards cannot be returned or redeemed for cash. When returning an item, please ensure it is packaged securely in its original condition (with all tags still intact) and enclosing the RETURN FORM. This will ensure that your return is processed speedily. We recommend returned items are sent using a tracked or signed-for mail service. Returns form is downloadable for your convenience. Although we do not repay delivery charges (except in the unlikely event that your item is faulty), you will not be charged for delivery of the replacement item(s). Please note: It can take up to 3 weeks for your return to be processed once we have verified it has come back to us. Also we must be notified of any missing or defective items within 14 days of receipt of an order. In an exchange, if the new item costs less, we will reimburse you with the difference. If the new item costs more then an additional payment will be required. There will be no second postage and packing costs to you for despatch of exchanged goods.
All return postage costage are to be encoured for by the customer. fila.co.uk does not supply free returns postage service and we advise you ask your local post office for tracking options when returning items to us.
Information Security Measures
We will take reasonable precautions to protect your information from loss, misuse or alteration.
Notification of Changes
If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner.
Scope of this Privacy Statement
This privacy statement applies to Fila.co.uk only.
When you place an order through this web site your personal details are protected from interception assuring your security.
Depending on your browser, you will see a different confirmation that your connection is secure. For the most common browsers, you will see a closed padlock at the foot of the browser.
All transactions are confirmed and authorized by your card issuing bank. BB (UK) Limited is rigorous in our approach in protecting the cardholder and we may contact you for additional security purposes should we deem this necessary.
Trade Descriptions Act
Every care has been taken to ensure that the descriptions and specifications on this web site are correct. However, whilst every care is taken to ensure the colour reproduction is a reliable representation, the colours which are shown for the Products on the Website will depend on many factors – including your display settings. All sizes and measurements are approximate. All Goods are subject to availability - we may not be able to supply your order; We will often display more than one item in the product imagery. However, these are for display purposes only and, unless explicitly stated, are sold separately.
Responsibility for Customs and Import Duties and Clearance Fees
For orders placed outside the UK, US and EU, please note that you are responsible for any customs and import duties and clearance fees (where applicable) in your own country and to check the duties and clearance fees with your local authorities.
Products, Content and Specifications
All features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in the Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Website.
Promotions, Offers and Sale
We may from time to time offer promotional offers on purchases made through the Website. All offers and promotions are at BB (UK) Ltd’s sole discretion and are subject to variation or withdrawal without notice. Offers or promotions cannot be applied to previously ordered items. Offers with a spend threshold always exclude delivery charges. Sale items are not available for reserve and collect in store. Free returns are not available on sale items. When purchasing two items as part of a 'buy one get one for free' offer the cheapest item is free. All sale items are subject to availability at time of order.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Website. All purchases from the Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Accuracy of Information
BB (UK) Ltd and its affiliated companies attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or recentness of any information on the Website. For example, products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Rights in Materials
Except as otherwise expressly stated on the Website, all trademarks, trade names, trade dress, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names, trade dress, service marks and logos (Intellectual Property) of BB (UK) Ltd , and BB (UK) Ltd is a licensed user of all Intellectual Property. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Intellectual Property without the written permission of the owner.
Linking to this Web Site
Creating or maintaining any link from another website to any page on this Website without BB (UK) Ltd's prior written permission is prohibited. Running or displaying this Website or any material displayed on this Website in frames or through similar means on another website without BB (UK) Ltd's prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rule and regulations.
Third Party Links
From time to time, this Website may contain links to websites that are not owned, operated or controlled by BB (UK) Ltd or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither BB (UK) Ltd nor any of its affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither BB (UK) Ltd nor any of its affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this Website, you do so entirely at your own risk.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material, or any virus, worm, time bomb, Trojan horse, automated device, spider, crawler, bot or routine that can collect unauthorized information or interfere with or disrupt the operations of the Website, or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that BB (UK) Ltd or its affiliates may have at law or in equity, if BB (UK) Ltd or its affiliates reasonably determine that you have violated or are likely to violate the foregoing prohibitions, BB (UK) Ltd may take any action it reasonably deems necessary to cure or prevent the violation, including without limitation, the immediate removal from this Website of the related materials. BB (UK) Ltd, its affiliates or its service providers will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing BB (UK) Ltd, its affiliates or its service providers to disclose the identity of anyone posting such materials.
YOUR USE OF THIS WEBSITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED ,AS IS, WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER BB (UK) LTD NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEBSITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER BB (UK) LTD NOR ANY OF ITS AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Limitations of Liability
BB (UK) Ltd, its affiliates and their service providers do not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website or your downloading of any materials, from this Website. IN NO EVENT WILL BB (UK) LTD, ITS AFFILIATES OR THEIR SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE.
You agree to indemnify and hold harmless BB (UK) Ltd, its affiliates and their service providers, and their respective officers, directors, employees, shareholders, licensees, franchisees, affiliates, agents, successors, assigns, retail partners, or any other party involved in the creation, production or transmission of the Website from and against any claims, damages, judgments, expenses, fees, or costs asserted against any of them based upon your use of the Website, or the services provided in relation to the Website, any damage to your computer, telecommunication equipment or other property allegedly arising from access to, use of, or browsing the Website or your downloading of any materials, from the Website.
You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.
FILA MY WAY CUSTOM FOOTWEAR CONTEST - OFFICIAL RULES AND REGULATIONS
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE A PARTICIPANT’S CHANCES OF WINNING. OPEN ONLY TO THOSE WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AT THE TIME OF ENTRY. ENTRY IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE RULES.
The Fila My Way Custom Footwear Contest (the “Contest”) is sponsored and administered by BB (UK) Ltd (the “Sponsor”). The Contest shall be subject to these official rules, which may be found at https://www.fila.co.uk/terms-contest-diy-footwear.html (these “Rules”), and by entering the Contest, all Participants (as defined below) agree to abide by and be bound by these Rules and the decisions of the Sponsor in administering these Rules.
The Contest is a competition of skill where a Participant (as defined below) may submit designs in connection with the FILA® footwear styles Disruptor 2, Grant Hill 2, and Tenis 88 (each, a “Footwear Style” or collectively, the “Footwear Styles”) using the template applicable to each Footwear Style as displayed on the @FILAUK Instagram page (each, a “Colouring Book Template,” or collectively, the “Colouring Book Templates”) on or about the start of the Contest Period (as defined below). A Participant may submit such designs via a static post (i.e., not via “stories”) on their Instagram account using the hashtag “#FILAMyWay” and tagging @FILAUK (each, an “Entry,” or collectively, the “Entries”) to compete for an opportunity to win a Prize (as defined below).
1. BINDING AGREEMENT.
By entering the Contest, you are agreeing to these Rules, so please read them carefully. Each submission of an Entry in the Contest constitutes your full and unconditional agreement to be bound by these Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Contest.
2. CONTEST PERIOD.
On 31st May – 14th June 2020, the Sponsor will publicize information about the Contest and these Rules on the @FILAUK Instagram page, and Sponsor will begin accepting Entries to the Contest on or about 31st May 2020 at 12:00 BST British Summer Time (“BST”) and will stop accepting Entries on or about 14th June 2020 at 5:00 PM BST (the “Contest Period”). Sponsor's computer clock will be the official clock of the Contest. PARTICIPANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS. Sponsor reserves the right to reschedule, postpone or cancel the Contest and final evaluation at any time, for any reason, in its sole discretion.
a. To enter the Contest, a Participant must be at least eighteen (18) years old at the time of entry. Employees, officers and directors of Sponsor as well as any of their respective shareholders, affiliates, subsidiaries, parent companies, licensors, advertising and promotional agencies, web providers and all of their officers, directors, shareholders, employees and agencies (collectively, the “Contest Entities”), as well as members of the immediate families (mother, father, sister, brother, child, husband, wife, etc.) and members of the households (whether related or not) of Contest Entities’ officers, directors, shareholders, employees are NOT eligible to participate in the Contest and/or win a Prize.
b. Sponsor reserves the right to verify the eligibility of any Participant at any time. At Sponsor’s request, Participants may be required to supply government-issued proof of age, address and eligibility or forfeit the right to receive a Prize. All federal, state and local laws apply.
c. Being declared a Winner (as defined below) is contingent upon fulfilling all requirements set forth herein. Sponsor will have the unlimited right to republish any Entry.
4. ENTRY REQUIREMENTS.
a. NO PURCHASE OR PAYMENT NECESSARY. Participants must own all rights to any Entry. Entries may only be composed of drawings or graphic art on such Colouring Book Template and submitted directly through Instagram and shall comply with these Rules, including, but not limited to, Section 9 (INTELLECTUAL PROPERTY) and Section 11 (PARTICIPANT REPRESENTATIONS AND WARRANTIES).
b. Submissions that do not comply with these Rules or that contain any prohibited or inappropriate content as determined by Sponsor, in its sole discretion, will be disqualified from the Contest and will not be considered for any Prizes. Prohibited or inappropriate submissions shall include, but shall not be limited to the following:
• Any entries that are not submitted on Instagram.
• Any entries that include any photos, GIFs, emojis, videos or links to other websites.
• Any material that includes any content, material or element that is owned by a third party or entity.
• Material that has, in whole or in part, previously been submitted in any competition and/or won an award or prize of any kind.
• Material that contains any content, material or element that displays any third-party advertising, slogan, logo or trademark or otherwise indicates a sponsorship from or endorsement by a third party, commercial entity or that is otherwise not within the spirit of the Contest, as determined by Sponsor, in its sole discretion.
• Material that is subject to any third-party agreement(s) that may require Sponsor to pay any money to any person or entity as a result of its use or exploitation of the winning design or rights therein.
• Material that is, in whole or in part, threatening, abusive, harassing, defamatory, libellous, hateful, embarrassing to another person or entity, deceptive, obscene, tortious or invasive of another's privacy, or that contain racial slurs or explicit or graphic descriptions or accounts of sexual acts as determined by Sponsor, in its sole discretion.
• Entries that do not comply with these Rules, including, but not limited to, Section 10.
c. Sponsor, in its sole discretion, shall make the final determination of which submissions are eligible to take part in this Contest and may be considered for the Prizes.
d. Although the Colouring Book Templates may remain featured on the @FILAUK Instagram page after the Contest Period has expired, any submissions received after the Contest Period will not be considered.
5. HOW TO ENTER.
a. Entries may be submitted at any time during the Contest Period by posting the Entry via a static post on the Participant’s Account with the hashtag “#FILAMyWay” and mentioning and tagging @FILAUK. Participants may submit multiple Entries; however, if two or more valid Entries contain identical designs, only the Entry that was first received by Sponsor will be considered for the Prize.
c. Sponsor is not responsible for lost, late, incomplete, misdirected, deleted or delayed entries, nor is Sponsor responsible for failed Internet connections, unavailability of servers or any other technical malfunctions for any reason.
d. Participants should retain a copy of all materials submitted for the Contest, as Sponsor will not acknowledge or return any submissions. A URL link to these Rules is included in the @FILAUK Instagram account bio pages. Any expenses that Participants may incur during the Entry submission process are Participants’ sole responsibility and at Participant’s sole cost. All decisions by Sponsor are final and absolute and are not subject to inquiry or appeal. Any submissions received after the Contest Period has expired shall not be considered Entries, and shall not be entered into the Contest.
6. JUDGING AND WINNER NOTIFICATION.
a. After the Contest Period, Sponsor or its designated judge (the “Judge”) will assess all eligible Entries submitted during the Contest Period. The Judge will evaluate each eligible Entry based on the best demonstration of originality and creativity as applied to the Entry (the “Contest Criteria”). Creativity and originality will be weighted equally. Each Entry will be assigned a score out of one hundred (100) points based on the Contest Criteria. The Participants with the two highest score(s) and have verified both their eligibility and compliance with these Rules to Sponsor’s satisfaction shall be deemed official winners (each, a “Winner”). In the event of a tie, the Entry that received the higher score from the Judge in the category of “originality” will be selected as a potential winner. The Sponsor shall announce each official winner at or around 12:00 PM BST on or about 22nd June 2020.
b. At or around 9:00 AM BST on 23rd June 2020, potential winners will receive a direct message notification on their Accounts alerting them that they are potential winners and instructing them to send an email to Sponsor with their contact information, including their full legal name, age, email address, mailing address, phone number and sizing information. It is solely the Participant’s responsibility to notify Sponsor in writing if the Participant changes his or her email or postal address during the Contest Period. Except where prohibited by law, the potential winners may also be required to sign and return a Declaration of Eligibility and Liability and/or a Publicity/Photo Release and provide any additional information that Sponsor, in its sole discretion, may require.
c. If required to submit any verification material prior to receipt of any Prize, potential winners must return all such material within twenty-four (24) hours following attempted notification. If a potential winner is determined to be ineligible when contacted by Sponsor, or if the potential winner is in any way non-compliant with the Rules, is unresponsive to Sponsor’s attempts of notification or declines to accept the Prize, or in the event that an e-mail is returned undeliverable or a message fails to reach the potential winner, the Prize may be forfeited by such Participant. In the event of any of the foregoing or any similar occurrence, Sponsor reserves the right, in its sole discretion, to disqualify the potential winner and to select the Entry with the next highest score instead an alternate potential winner, time permitting.
d. Sponsor reserves the right to announce any Winner at or after such time that Sponsor has verified and/or confirmed such Winner in its sole discretion. Sponsor may announce no Winners if no Winners have been verified and/or confirmed.
a. For the avoidance of doubt, the Participants acknowledge and understand that they are competing solely for the opportunity to win a customized pair of one (1) of the Footwear Styles likened to the respective Winner’s design (each, a “Prize”), subject to the availability of certain shoe sizes. Sponsor will award a Prize to two (2) Winners for the Contest. However, there will be a limit of one (1) Prize per Participant. The Prize(s) will be manufactured following the end of the Contest Period and announcement of the Winner(s). SPONSOR DOES NOT GUARANTEE THAT: (1) A PRIZE WILL BE AVAILABLE FOR THE WINNERS BY ANY SPECIFIC DATE(S), (2) THAT A PRIZE IN THE WINNERS’ PREFERRED SHOE SIZES WILL BE AVAILABLE, OR (3) THAT THE WINNERS’ PREFERRED SHOE SIZES WILL FIT.
b. The Approximate Retail Value (the “ARV”) of each Prize is as follows: (i) a custom pair of Fila® Disruptor 2 shoes valued at Eighty Pounds (£80.00), (ii) a custom pair of Fila® Grant Hill 2 shoes valued at One Hundred and Ten Pounds (£110.00); or, (iii) a custom pair of Fila® Tennis 88 shoes valued at sixty-Five Pounds (£65.00).
c. Actual value may vary; no difference between actual value and ARV will be awarded. The Winner is solely responsible for any other expenses including taxes or other expenses. Limit one Prize per person per household. No assignment, transfer, conversion to cash or cash redemption or substitution of the Prize is permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a Prize or any of its components with a prize of comparable or greater value should the Prize or any of its components become unavailable for any reason. Each Winner is solely responsible for any and all other expenses, including all local, state and federal income taxes or other expenses. Each Prize is solely for personal use.
d. Odds of winning a Prize depend on the number of eligible Entries received during the Contest Period and the skill of the Participants. No other prize elements except those specifically described herein are awarded. Federal, state and local taxes and any incidental expenses not set forth herein, if any, shall be the responsibility of each Winner. All expenses relating to acceptance of the Prize not explicitly stated herein, including but not limited to taxes are the responsibility of each Winner. Sponsor, and/or any other relevant party, reserves the right to remove or to deny entry to Participants who behave in a disruptive manner, or act with the intent to annoy, abuse, threaten or harass any other person, whether in person or through social media or electronic messaging. Sponsor reserves the right, in its sole discretion, to disqualify any Participant that Sponsor determines, in its sole discretion, might reflect poorly on Sponsor, any of the Contest Entities, or any of their products in any way.
e. If, for any reason, more Prize notifications are sent (or more claims are received) than the number of Prize(s) offered, as set forth in these Rules, Sponsor reserves the right to award the intended number of Prize(s) through a method it deems reasonable, in its sole discretion.
8. NOT AN OFFER OR CONTRACT OF EMPLOYMENT.
Under no circumstances shall the submission of an Entry, the awarding of a Prize, or anything in these Rules be construed as an offer or contract of employment with Contest Entities. Participants acknowledge that they have submitted their Entries voluntarily and not in confidence or in trust. Participants acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between them and Contest Entities and that no such relationship is established by the submission of an Entry under these Rules.
9. INTELLECTUAL PROPERTY RIGHTS.
Each Participant shall retain ownership of all intellectual property rights in the Entries (including moral rights) subject to these rules. However, by entering the Contest, and to the extent allowed by law, each Participant grants the Contest Entities and their respective licensees, promotional partners, developers and third party marketing entities an irrevocable, non-exclusive, perpetual, worldwide, royalty-free license to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, adapt, publish, exploit and use the Entries throughout the world, and in any manner or media now or hereafter known, for manufacturing, designing, trading, advertising, promotional, non-commercial or commercial, or any other purposes without further review, notice, approval, consideration, or compensation.
By entering the Contest, Participants agree to allow Contest Entities to use their name, images, likeness, voice, photo, video, social media handle, and/or a short biography in connection with their Entry, without restriction as to the frequency, duration or territory of such use and without compensation, notification or permission, except as prohibited by law. Such use may include, but is not limited to use on Contest Entities’ websites, use in press releases, use on social media sites including, but not limited to, Facebook, Instagram and Instagram, and use in connection with any events associated with the Contest and/or the marketing of the winning Entries. To this end, Participants waive any rights to privacy or publicity or laws of similar effect. Participants further agree to inform Sponsor at the email address used for winner verification of any press inquiries they may receive that relate to the Contest, the Contest Entities and/or their Entry before responding to such inquiries.
11. PARTICIPANT REPRESENTATIONS AND WARRANTIES.
By entering the Contest, Participants represent and warrant that the Entries submitted are their own original work and, as such, they are the sole and exclusive owner and rights holder of the submitted Entries and that they have the right to submit the Entries in the Contest and grant all required licenses and assignments. Each Participant agrees not to submit any Entry that infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights or laws, including without limitation, copyright, trademark, patent, trade secret, privacy, publicity, confidentiality obligations. Participants also represent and warrant that they have not previously submitted their Entry as an entry in another contest, promotion, competition or similar activity. Please understand that submitting materials that are copyrighted by another individual, or otherwise subject to the rights of another individual, will make you responsible for any legal action the legal rights holder might take against you.
To the maximum extent permitted by law, each Participant indemnifies Contest Entities and Instagram, Inc. at all times from and against any and all liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Participant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each Participant agrees to defend, indemnify and hold harmless the Contest Entities from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from (a) any Entries or other material submitted by the Participant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person; (b) any misrepresentation made by the Participant in connection with the Contest; or (c) any non-compliance by the Participant with these rules. To the maximum extent permitted by law, each Participant agrees to release, discharge, indemnify and hold harmless the Contest Entities and Instagram, Inc. against any claims, damages or 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 acceptance, possession, misuse or use of any Prize or participation in any Contest-related activity, including any claims relating to use, misappropriation or disclosure of any materials submitted herein.
13. CONTEST CONDITIONS.
This Contest is subject to all applicable laws. By participating, Participants agree to be bound by these Rules and all decisions of Sponsor, and waive any right to claim ambiguity in matters regarding this Contest or these Rules. Sponsor reserves the right to terminate, end-early, postpone, delay, or change the schedule of the Contest at any time, for any reason, in its sole discretion, including the selection of Winners. Sponsor also reserves the right to disqualify any Participant if, in its sole discretion, the integrity or fairness of the Contest has been or could be compromised. All decisions of Sponsor are final in all matters relating to this Contest.
14. NO WARRANTIES.
By entering the Contest, each Participant agrees and acknowledges that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relating to any of the Prize items. Without limiting the foregoing, everything regarding this Contest, including Prize components, are provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
15. DISQUALIFICATION; PRIVACY.
a. Sponsor may disqualify or prohibit an entrant from participating in the Contest or winning a Prize in this Contest or any other contest or promotion conducted by Sponsor if, at its sole discretion, it determines that said entrant has violated the Rules or has threatened or is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception or other unfair playing practices (including the use of automated quick-entry programs), or intending to annoy, abuse, threaten or harass any other Participants or Sponsor representatives. ANY ATTEMPT TO DAMAGE OR UNDERMINE THE FAIR AND LEGITIMATE OPERATION OF THIS CONTEST WILL RESULT IN DISQUALIFICATION FROM THE CONTEST. SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
16. LIMITATION OF LIABILITY.
a. By participating in this Contest, Participants agree that the Contest Entities, and each of their respective shareholders, affiliates, parent companies, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfilment and marketing agencies, website providers, web masters and their respective officers, directors, stockholders, employees, representatives, designees and agents (collectively, the “Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable entries, e-mail notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/use net accessibility, availability or traffic congestion; or any technical, mechanical, programming, printing or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of entry information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any tampering, hacking or by any of the equipment or programming associated with or utilized in the Contest and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction. The Released Parties shall not be responsible or liable for any entries in excess of the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Rules, and all such entries may, in Sponsor’s sole and absolute discretion, be disqualified.
b. By entering the Contest, each entrant agrees: (i) to be bound by these Rules and by all applicable laws and by the decisions of Sponsor, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Contest; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Contest, including, but not limited to, any Contest-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Contest, (b) injury or damage resulting from participation in the Event, (c) injury or damage resulting from participation in the Contest or receipt, redemption or use of any prize, (d) the violation of any third-party privacy, personal, publicity or proprietary rights, (e) typographical or printing errors in these Rules or any Contest materials, (f) acceptance, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or wilful misconduct in connection with the use of a Prize (or any component thereof), (g) if for any reason, this Contest is not capable of running as planned or to Sponsor’s complete satisfaction, or if there is change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including, but not limited to, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), computer virus, tampering, technical failure, fraud, equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labour dispute or strike (whether legal or illegal), labour or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, infectious disease, pandemic or any other cause beyond any of the Released Parties’ control (collectively, the “Force Majeure”), or as otherwise permitted in these Rules, (h) any interruptions in or postponement, cancellation or modification of the Contest, (i) human error, (j) incorrect or inaccurate transcription, receipt or transmission of any part of any entry (including, without limitation, the registration information or any parts thereof), (k) any technical malfunctions or unavailability of any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant, (l) interruption or inability to access the Contest or any online service via the Internet due to hardware or software compatibility problems, (m) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (n) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (o) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (p) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof) or (q) the negligence or wilful misconduct by entrant.
17. MOBILE DISCLOSURE.
By using your wireless mobile device in connection with the Contest, depending on your phone’s capabilities, standard text messaging rates or data charges may apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Contest.
18. NOTE ABOUT INSTAGRAM.
This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram, Inc. Sponsor is not responsible for any changes or unavailability of the Instagram service that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use Instagram for the Contest as set forth herein that are not acceptable to Sponsor) or ability of Participant to timely enter, receive notices or communicate with Sponsor via Instagram, in which case Sponsor, in its sole discretion, may terminate or modify the Contest. In the event of a dispute concerning who submitted an entry, the entry will be declared to have been made by the Authorized Account Holder (as defined below) of the e-mail address associated with the Instagram Account for the potentially winning Participant, but only if that person meets all other eligibility criteria. An “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The potential Prize Winner may be required to provide Sponsor with proof that he/she is the Authorized Account Holder for the e-mail address associated with the Instagram Account for the potentially winning entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. It is the sole responsibility of the Participant to notify Sponsor in writing if the Participant changes his or her email or postal address during the Contest Period. Any damage made to the Instagram service will be the responsibility of the Authorized Account Holder of the e-mail address for the Instagram Account used at the time of entry.
19. GOVERNING LAW AND JURISDICTION.
This Contest is governed by the laws of the United Kingdom. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of Participant and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the laws of United Kingdom. The courts of England shall have exclusive jurisdiction to settle any dispute arising out of this Contest.
a. Any attempted form of participation in this Contest other than as described herein is void. If it is discovered or suspected, in Sponsor’s sole and absolute discretion, that a Participant has registered or attempted to register using multiple e-mail addresses, Instagram Accounts, identities, proxy servers or like methods, every one of that Participant’s entries will be declared null and void, and that Participant will be ineligible to win a Prize. Sponsor reserves the right to disqualify any Participant found, in its sole opinion, to be tampering with the operation of the Contest, to be acting in violation of these Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Contest. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Contest will void any attempted participation effected by such methods and the disqualification of the Participant using the same.
b. If any provision of these Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Rules valid and enforceable. The invalidity or unenforceability of any provision of these Rules will not affect the validity or enforceability of any other provision. Sponsor’s interpretation of these Rules is final and binding in all matters related to the Contest. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect.
c. In the event of any conflict with any Contest details contained in these Rules and Contest details contained in any Contest promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Contest as set forth in these Rules shall prevail.
a. BB (UK) Ltd, Unit 1, Colonial Business Park, Colonial Way, Watford, Hertfordshire, WD24 4PR, UK. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram, Inc. Any and all questions, comments or complaints regarding the Contest must be directed to Sponsor, not Instagram, Inc.
b. Sponsor shall not be liable for any technical, pictorial, typographical or editorial errors or omissions contained herein.
© 2020 BB (UK) Ltd. All rights reserved.