Terms & Conditions
Terms and Conditions for Participation including data protection information in accordance with Art. 13 GDPR
Prize Draw “Trip to Ibiza“ (“Competition”)
By participating in this Competition, the participants accept to be bound by these Terms and Conditions of Participation. No purchase necessary to enter the Competition.
- PROMOTER AND AGREEMENT TO THESE TERMS AND CONDITIONS:
- Promoter of the Competition is PUMA Europe GmbH, Puma Way 1, 91074 Herzogenaurach.
- By entering the Competition participant agrees to have read and understood these Terms and Conditions and agrees to be bound by them. The Terms and Conditions are available on www.FootLockerEUxPUMAxIBIZA.com.
- This agreement is made between the participant and the Promoter. Anybody who is not a party to this contract cannot derive any rights or obligations from this agreement.
- The Competition is organized in four countries. The countries are: Germany, United Kingdom, Spain and France.
- All participants must be 18 years or older, have full legal capacity and must be residents of the United Kingdom (which comprises England, Northern Ireland, Scotland, and Wales), Germany, Spain or France. For the avoidance of doubt, the Channel Islands and the Isle of Man are not part of the United Kingdom for these purposes.
- Employees of the Promoter, Foot Locker Europe B.V. and all affiliates of the same, or parties engaged in the conduct of the Competition, as well as any of their affiliated companies or their family members are not eligible to participate.
- Participant warrants that all information provided by him/her in connection with the Competition is true and accurate. Promoter reserves the right to exclude or disqualify participants; the participant can be excluded from participating in the Competition or subsequently be disqualified from participation. Likewise, participants who use prohibited aids or otherwise gain advantage through manipulation can be excluded from participation in the Competition or subsequently disqualified from participation.
- Participants who do not comply with these rules, or who submit entries which are incomplete, incorrect, or fraudulent, will not be eligible to win.
- If a participant is found to have not complied with these rules and is subsequently disqualified, Promoter will re-draw the prize.
- ENTERING THE COMPETITION
- The Competition is open for entries from July 22, 2019 (9.a.m. BST) to July 29, 2019 (5 p.m. BST)
- In order to participate in the Competition, a participant must visit www.FootLockerEUxPUMAxIBIZA.uk and submit a participant form. Participants are required to enter their personal information (name, surname, date of birth, e-mail address, town/city, phone number) into the online participation form. The entry is completed when the participant accepts these Terms and Conditions and submits the completed participation form by hitting the button “Sign-up”. The website will be live during the duration of the Competition.
- After entering the Competition, participants will receive a bounceback email informing the participant of successful registration
- Each participant may participate in the Competition only once.
- Participation in the Competition is not dependent on the purchase of a product or receipt of a service of the Promoter. Purchasing a product or receiving a service of the Promoter will have no influence on the chances of winning.
- The Promoter reserves the right to review the fulfillment of conditions for participation and require proof, particularly with respect to the age of a participant
- Late or illegible entries will not be accepted. No responsibility can be accepted for lost entries.
- PRIZES, PRIZE DRAWING
- On July 30, 2019 one (1) winner (“Winner”) will be selected randomly by draw from all eligible entries received during the applicable competition period.
- Any entries received after 05:00 p.m. BST 22nd July 2019 will be excluded from the Competition. The Winner drawn will be notified that he/she has won by phone or email between 00 and 16.00 BST on July 30th 2019.
- The prize will be awarded to one participant selected among all the participants of the countries mentioned in 1.4.
- The winner will receive a prize which will consist of the following: two (2) plane tickets for economy class from any international airport in the country of residence of the participant to Ibiza and corresponding return tickets, two (2) nights accommodation in a double room in Ushuaia ibiza Beach Hotel on 30.08.2019 and 31.08.2019; Ground transportation to and from airport to hotel ; Travel and accommodation booking is provided by Promoter at its discretion.
- The chosen companion must be eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner.
- Travel restrictions, conditions and restrictions may apply. The Promoter will not replace any lost, destroyed or stolen tickets. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Competition, and those set forth by the Promoter’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above are the sole responsibility of Winner.
- For changes made by the Winner and his travel companion after confirmation of the travel booking, fees may be charged by the respective provider. All these fees are at the expense of the Winner.
- Promoter shall have no obligation to replace tickets or award a substitute prize or give any form of compensation, should the Winner be unable to attend the travel for any reason (including, without limitation, force majeure, travel restrictions of medical disabilities).
- Promoter may void/suspend/cancel or amend the prize at its sole discretion in case the prize cannot be provided due to reasons beyond the reasonable control of the Promoter.
- The prize can only be claimed personally by the Winner. If a notified Winner fails to respond within 48 hours after the prize notification has been e-mailed, the Promoter is entitled to determine a subsequent winner and award the prize to this person replacing the participant originally declared to be the winner who shall have no longer have the right to claim the prize. Unsuccessful participants will not be contacted.
- There is no cash alternative or refund for unused portions of the prize and the prize is non-transferrable.
- Promoter does not provide for any insurance, whether medical, cancellation or liability, in connection with the prize.
- Promoter reserves the right, in its sole discretion, to exclude or disqualify any individual it finds to be tampering with the entry process or the operation of the Competition or to be acting in violation of these Terms and Conditions of Participation. Promoter reserves the right to seek damages and/or any other remedies allowed by law from such participant.
- Except in the event of gross negligence or intent on the part of the Promoter or its agents, the Promoter does not accept responsibility for any entries lost, damaged, corrupted, delayed, quarantined, or not received by the Promoter, whatever the cause. The Promoter is not responsible or liable for any technical, hardware, software, server, website, or other, failures or damage of any kind. By entering you agree to release and hold harmless Promoter and its, affiliated companies, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such participant’s participation in the Competition and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Competition; (v) electronic or human error which may occur in the administration of the Competition or the processing of entries, (vi) late, lost, or undeliverable mail.
- The Promoter is not liable, to the extent legally permissible, for defects in the prizes. Legal recourse to this extent is excluded.
- Promoter assumes no responsibility for any losses or damages which may occur to the Winner or the Winner’s companion during the performance of the prize. The Winner and Winner’s companion undertake the activity at their own risk.
- In the event of an obvious error in these Terms and Conditions of Participation, illegality, or circumstances beyond the reasonable control of the Promoter which prevent the administration of the Competition, the Promoter will not be liable for any form of loss or disappointment caused by same. In such circumstances the Promoter will make all reasonable endeavors to advise participants of any changes or withdrawal.
- PARTICIPANT’S DECLARATION
- Participant agrees that for the event participant is selected as Winner, Promoter, at its sole discretion and without payment or additional permission, may use the Winner‘s name (i.e. first name and the first letter of the surname), place and/or region of residence or likeness for the purposes of announcing the winner of the Competition and for promotional purposes.
- Participant agrees for the event participant is selected as Winner to participate in advertising or promotional activity for the Promoter, without payment. This consent includes that Promoter may produce or have produced by a third party provider video recordings, audio recordings, pictures or other promotional material showing or referring to the winner (“Material”) for the purposes of announcing the winner of the Competition and for marketing or similar business purposes.
- Each participant of this Competition and the Winner‘s companion hereby agrees that Promoter obtains the exclusive, worldwide, irrevocable, royalty-free, perpetual right to:
- Use, re-use, store, publish, republish, broadcast and distribute the Material, intact or in parts, composite or distorted in character or form, in any printed or electronic form and media, including on the internet, e.g. on websites, in social networks and other social media, as well as in applications or other services provided for mobile devices;
b. Reproduce, process, copy, change, transform, adapt, combine and modify the Material, intact or in parts, including the digitalization of the Material and its digital processing;
c. Use the Material for any kind of non-commercial and commercial purposes, including but not limited to point-of-sale-advertisement, trade fairs, exhibitions, sales events, festivals, competitions, sports events or in connection with any other advertising or promotional purposes, as Promoter sees fit;
d. sub-license or transfer aforesaid rights to use to affiliated companies of Promoter and/or to third parties, including particularly service providers commissioned by Promoter to conduct services in relation to the Competition or to tasks related to aforesaid means of use.
- Participant warrants to have the full right and power to grant all rights in accordance with this section and that it in particular has obtained all necessary consent, full right and title for all rights granted pursuant to these Terms and Conditions. Winner will indemnify and hold Promoter harmless from any claims alleged by the Winner’s travel companion due to a violation of any rights described in this Section 6 or other rights described in these Terms and Conditions of Participation.
- DATA PROTECTION AND PRIVACY
- Personal data are any information concerning the personal or material circumstances of an identified or identifiable individual. All personal data are subject to specific protection, which will be ensured by Promoter through technical and organizational measures in accordance with applicable data protection laws.
- During the course of the Competition the following personal data will be collected: first and last name, date of birth, city of residence, email address and phone number. Winners will need to provide their email address information for the sending of the prize.
- Responsible data controller for the collection, use and processing of participant’s personal data will be: PUMA Europe GmbH, PUMA Way 1, 91074 Herzogenaurach, Germany. (Data Protection Officer’s contact details: firstname.lastname@example.org).
- The participants’ personal data will be processed for purposes of participation in the Prize Draw, conduct of the Prize Draw and distribution of the prize (legal basis: Art. 6 (1) 1 lit. b) GDPR). Winners’ personal data (e.g. name, picture) will also be processed for the performance of the actions described in section 6 of these Terms & Conditions (legal basis: Art. 6 (1) 1 lit. b) GDPR).
- The Promoter will forward personal data only to service providers commissioned to conduct the Prize Draw ("contract data processors") within the territory of the European Union or in the territory of the European Economic Area. All such contract data processors collect, process and use personal data only for and in accordance with the Promoter's instructions. Promoter may also transfer personal data of the winner, namely video recordings, audio recordings, pictures or other promotional material showing or referring to the winner to third parties (e.g. social networks). Personal data may only be transferred to authorities if required by law.
- All personal data will be deleted within one (1) month as from the termination of the Competition. Only the Winner’s personal data will be further stored for the distribution of the prizes and for the performance of the actions described in Section 6. Where deletion of personal data is not possible due to legal retention duties, Promoter will block such personal data from further use and processing.
- Each participant in the Competition has the right to information without charge regarding the personal data stored about him/her by the Promoter (Art. 15 GDPR) as well as to correction (Art. 16 GDPR), blocking or deletion of such personal data (Art. 17 GDPR). To assert the above rights the participant may contact the Promoter at the following email address: email@example.com Further, reference is made to the right to complain to a supervisory authority (Art. 77 GDPR).
- SOCIAL MEDIA
- Participants acknowledges that this Competition is in no way sponsored, endorsed or administered by, or associated with Instagram. Participant understands that Instagram has no liability for any portion of the promotion and hereby agrees to release Instagram from any and all claims, damages or liabilities arising from or relating to participant’s participation in the Competition.
- These Terms and Conditions of Participation are available at www.FootLockerEUxPUMAxIBIZA.uk including the entry form. By submitting an entry, participants agree to be bound by these Terms and Conditions of Participation.
- Participants who do not comply with these Terms and Conditions of Participation, or who submit entries which are incomplete, incorrect, or fraudulent, will not be eligible to win.
- This Competition and the Terms and Conditions will be governed by German Law subject to any mandatory provisions of the applicable law of participant’s place of residence.
- If any provision or part of these Terms and Conditions of Participation is deemed void or unenforceable, then that provision or part shall be deemed excluded and the remainder of the Terms and Conditions of Participation shall remain applicable.