SUPERFANS CAMPAIGN TERMS AND CONDITIONS
1. Introduction
1.1. By entering the Centenary Kits Campaign (the “Campaign”) you agree to be bound by these Terms and Conditions, our Website Terms and Conditions and our Privacy Policy. No purchase necessary to enter. A purchase or payment will not increase your chances of being selected.
1.2. The promoter of the Campaign is Iconix Brand UK Ltd (company number 08294383) of 29-31 Dale Street, Manchester, United Kingdom, M1 1EY (“Umbro”). References in these Terms and Conditions to “we”, “us” and “our” are references to Umbro. References to “you” and “your” are references to entrants to the Campaign.
2. Who can enter?
2.1. The Campaign is open to everyone based in the UK aged 18 or over as of the start of the Campaign Period save for residents of Iran, North Korea, Quebec, Myanmar, Sudan and Syria, any country under embargo by the United States and any country where local laws prohibit entry into the Campaign. Employees of Umbro (or their family or household members) of any business involved or associated with the Campaign (including Umbro and Umbro associated companies and the relevant football clubs) are not eligible to participate. The Campaign is subject to all applicable laws, rules and regulations.
3. Campaign Period
3.1. The Campaign will open at [28/08/2024] and the closing time for entries is midnight [15/09/2024] (“Campaign Period”). Entries received after this time will not be entered to be selected for the Campaign.
4. How to enter
4.1. To enter the Campaign, you must complete the registration form and submit it together with some photos (one of these must be a recent one of you). Entries are limited to one per person.
4.2. When you submit an entry, you confirm to us that:
a) you own the photos submitted and their content and grant us the rights set out in these Terms and Conditions; and
b) you are not a minor (you are aged 18 or over).
4.3. You must ensure that your entry:
a) is accurate and that any opinions you express are genuinely held;
b) complies with the law and does not constitute or assist in any unlawful or criminal activity;
c) does not contain any material which is defamatory, obscene, offensive or sexually explicit;
d) does not contain or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
e) does not infringe any third party’s intellectual property rights or privacy rights and do not breach any contractual duty or duty of confidence;
f) is not misleading, threatening or harassing to any other person;
g) is not used to impersonate any person, or to misrepresent your identity or affiliation with any person. Your entry must not give the impression that it emanates from us or any Umbro associated company or that we or any Umbro associated company have in any way endorsed or agreed with it; and
h) does not contain advertising or references to any other websites, addresses, email addresses, contact information, telephone numbers or other personal data (save for your image).
4.4. We reserve the right not to accept any entries that are incomplete or illegible or do not comply with these Terms and Conditions in spirit as well as letter.
4.5. If your entry breaches these Terms and Conditions at clause 4.3 we may also:
a) temporarily or permanently prevent you from using any of Umbro’s websites or applications;
b) issue a warning to you;
c) take legal action against you (and may seek reimbursement of any and all losses, damages, liabilities, expenses and costs incurred by us as a result of your breach on an indemnity (pound for pound) basis; and/or
d) disclose such information to law enforcement authorities as we feel is necessary.
4.6. If at any time you want to cancel your entry, you can do so by writing to us at [email protected]. Please note that if you cancel your entry, you will automatically be withdrawn from the Campaign.
4.7. An entry must be received during the Campaign Period, according to the computer time on Umbro’s server. Incomplete, garbled, corrupted or undelivered entries are void and will not be accepted. Umbro is not responsible for lost, late, damaged, delayed, destroyed, misdirected, incomplete, or undelivered entries. Umbro reserves the right to disqualify false entries or entries suspected of being false. In the event of a dispute as to the identity of a participant, the participant will be deemed to be the person in whose name the e-mail account governing the e-mail address was opened.
5. How we will use your photos and other data
5.1. You will own the copyright in your photos and any other assets you submit to us. However, by submitting an entry to us, you grant us a free, non-exclusive, worldwide, and unlimited right for us to use, copy, publish, edit, delete and distribute your photos in any way including (without limitation) making your photos available internally to our associated companies (including the relevant football club) or licensees in perpetuity. You confirm that you have obtained any and all requisite permissions/releases to enable us to use the photos and such other assets in this way (including in respect of any intellectual property rights of third parties contained therein). You acknowledge that we are under no obligation to make your photos available or to recognise you (or anyone else in the photos) as the creator of the photos.
5.2. We may publish your name and the country that you live in to announce the Campaign participants; we will process your data in accordance with our Privacy Policy.
5.3. In addition to the above, we will use the contact details that you provide to us as part of the Campaign for the purpose of administering the Campaign (including contacting you to confirm if you will be a participant in the Campaign), providing updates to you on the Campaign and our products and brand and arranging your participation in the Campaign if you are selected. We may share such details with other third parties (for example, our licensees and the relevant football club) for these purposes. All data will be processed and stored by us in accordance with the Data Protection Act 2018, UK General Data Protection Regulation (as defined in The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019) and the General Data Protection Regulation 2016/679. Further details are set out in our Privacy Policy
6. How the participants are selected
6.1. This is a national campaign; we will be selecting a total of twenty five (25) participants, (see details in clause 7.1 below), one per Umbro football club. The participants will be selected by a representative of Umbro from all eligible entries.
6.2. All decisions by Umbro are binding and final, and no correspondence will be entered into.
6.3. The participants will be promptly notified by private email message from Umbro. A direct response from the selected participant to confirm they are available to attend on the required Campaign photo shoot date, signed release form and contact details are required within seven (7) days of our email message in order to feature in the Campaign. If a participant cannot be contacted following reasonable efforts or does not complete the required release form within that seven (7) day period, that participant will lose their entitlement to selection and an alternative will be selected.
6.4. Participants’ names will be published on the campaign website, Umbro social media channels, websites and social media of Umbro’s official partners, press and at retail or events. If you object to your surname and/or country/county being published or made available, please contact us at [email protected]. In such circumstances, we may still be required to provide the information to the Advertising Standards Authority on request.
7. The Campaign
7.1. This is the opportunity to feature in the Centenary Kit Campaign for your Umbro football club where you will participate in photo/video shoots for the Umbro brand in respect of the Centenary Kits Campaign, including a filmed interview in which you will discuss your story of being a football fan and your connection with the Umbro football club you support. You will be paid £150 for your participation and we shall pay your reasonable pre-approved travel expenses (UK travel only) and one night’s accommodation in respect of your attendance at the Campaign photo shoot, where necessary due to the location of the shoot and the distance from your address. For the avoidance of doubt, participation shall only be awarded to one fan per football club and no replacements shall be provided.
7.2. By participating in the Campaign, you agree to release, discharge, indemnify and hold harmless Umbro and each of its respective officers, directors, employees, representatives and agents (collectively “Releasees”) from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement, as well as any 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 participation in any Campaign-related activity or participation in this Campaign. The Releasees shall not be liable for: (i) late, lost, delayed, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused from participation in the Campaign (save for death or personal injury caused by our negligence or other situations where we are not permitted to exclude our liability by law); or (v) any printing, typographical, administrative or technological errors in any materials associated with the Campaign.
7.3. No substitution, transfer, or cash redemption of the Campaign participation is permitted, provided however, that Umbro reserves the right to substitute the intended Campaign with an alternative.
7.4. If you are selected as a participant, we require you to attend the Centenary Kit Campaign photo shoot, where the resulting film and photographs may be used in promotional and marketing activity by Umbro in perpetuity. This may include, but is not limited to, posts on Umbro’s website and social media, the websites and social media of Umbro’s official partners (including football clubs and licensees), press and at retail or events.
7.5. We may offer other participation to entrants of the Campaign at our discretion. Any such participants will be based on the same criteria as set out in clause 6.1 above.
8. General
8.1. As far as is legally possible, this Campaign and these Terms and Conditions shall be governed by English law and we and you agree to the non-exclusive jurisdiction of the English courts. In some circumstances the laws where you are domiciled may apply and the courts where you are domiciled may have jurisdiction. In the event of a dispute as to any entry, the authorized account holder of the email address used to submit the entry will be deemed to be the entrant. No claimant in any dispute involving Umbro shall be entitled to claim or obtain indirect, punitive, incidental or consequential damages. Umbro’s failure to enforce any provision in these Terms and Conditions shall not constitute a waiver of that provision.
8.2. Participants in the Campaign agree to be fully and unconditionally bound by these Terms and Conditions and the decisions of Umbro and waive any right to claim ambiguity in the Campaign or these Terms and Conditions. Any portion of the Campaign may be canceled, suspended and/or modified, in whole or in part, if in Umbro’s opinion any fraud, technical failure or other factor beyond Umbro’s control impairs the integrity or proper functioning of the Campaign. Umbro reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Campaign, to be acting in violation of these Terms and Conditions, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Campaign, or to annoy, abuse, threaten or harass any other person, and Umbro reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
8.3. Nothing herein is intended to exclude or limit liability for: death or personal injury caused by negligence; fraud or fraudulent misstatement; or any other liability that cannot be excluded or limited by law.