Summer of Gentlemen Competition Terms and Conditions - United States
Penhaligon’s Summer of Gentlemen Digital Promotion – #VeryPenhaligons TERMS AND CONDITIONS
Article 1– SPONSOR
The Company Penhaligon’s Limited (hereinafter referred to as the “Sponsor”), a company incorporated under the laws of United Kingdom, having its registered office located at 37-39 Artillery Lane, London E1 7P, United Kingdom, is promoting a contest called “Penhaligon’s Summer of Gentlemen”, free of charge and without any obligation to purchase (hereinafter referred to as the “Contest”), accessible via the internet on the “Summer of Gentlemen” Facebook application tab on Penhaligon’s Facebook page accessible at https://www.facebook.com/Penhaligons (hereinafter referred to as the “Facebook Tab”), and administrated by the Sponsor (hereinafter indifferently referred to as the “Sponsor” or the “Administrator”).
Terms for taking part in the Contest and designating winners are specified in these rules (hereinafter referred to as the “Rules”).
Article 2 – DATES
The Contest begins at 00:00 A.M. GMT on June 21st and ends at 11:59 P.M. GMT August 31st, 2015, (hereinafter referred to as the “Contest Period”). Please check corresponding international times in your jurisdiction of residence. Sponsor’s computer is the official clock for this Contest.
Article 3 – PARTICIPANTS
All individuals who at the time of entry are of the legal age of majority in their respective jurisdictions, and who, on the said date, have internet access, and reside legally in United Kingdom, in France, or in the United States of America, are entitled to take part in the Contest to the extent rightfully registered (hereinafter referred to as the “Participant”). Any individuals (including but not limited to employees, consultants and independent contractors) who have, within the past six (6) months, performed services for Sponsor, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest or supplying the prizes, and/or their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to enter or win a prize. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three months a year, whether related or not. Sponsor may withdraw non-eligible Participants from the Contest.
The Participant may play as many times as he/she pleases during the Contest Period, under the same registration credentials without however repeating or duplicating earlier submissions. Multiple registrations (including a Participant’s registration using different email addresses) are not allowed.
It is hereby reiterated that the eligibility as winner is subordinated to the truthfulness of the details and information supplied when playing the Contest. All participations shall be in good faith: it is strictly forbidden to modify or attempt to modify the devices of the proposed Contest using any process whatsoever, in particular for the purpose of modifying its results. It is strictly forbidden for a same individual to take part using a Participant account opened in another person’s name. The Sponsor reserves the right to undertake all required verifications relating to a Participant’s identity and address. The Participants must not violate any law, rule or regulation. Participants must agree to and abide by these Rules. The Sponsor reserves the possibility of cancelling participation by any Participant who fails to comply with the Rules, at any time and without notice.
Article 4 – PARTICIPATION TERMS
The Contest is proposed and run by the Sponsor on the Facebook Tab during the Contest Period.
The Contest consists in a personal photo contest between all Participants, playing in accordance with these Rules.
Carefully read the Rules, and then click the check box signifying that you have read, fully understand and agree to these Rules.
IF YOU DO NOT CHECK THE BOX INDICATING YOUR AGREEMENT TO THE RULES YOU WILL NOT BE ELIGIBLE TO PARTICIPATE IN THE CONTEST OR WIN A PRIZE.
The contact information provided by the Facebook Tab users during registration will be collected, processed, and used to administer the Contest and for notification of the winners. The contact information will not be transmitted to third parties.
To enter the Contest, the Participant must, during the Contest Period:
• Submit any personal picture using Instagram and/or Twitter with the hashtag #VeryPenhaligons included in the caption/post copy, and claim the picture and register as a Participant at some point on the Facebook Tab of the Contest.
To enter the Contest using Instagram, the Participant must have a mobile device with Internet access, have the Instagram app downloaded on the mobile device, and be a registered Instagram user. Next, the Participant must upload a photograph. The individual must include the hashtag #VeryPenhaligons in the caption for the photograph. All publicly viewable photographs uploaded to Instagram with the correct hashtag, and which comply with the Rules, will be considered a valid submission and each person submitting such, a Participant.
To enter the Contest using Twitter, an individual must be a registered Twitter user and have a Twitter account. The Account is free of charge and may be obtained at https://twitter.com/. Next, an individual must tweet a photograph. The individual must include the hashtag #VeryPenhaligons in the caption for the photograph. All publicly viewable photographs uploaded to Twitter with the correct hashtag, and which comply with the Rules, will be considered a valid submission and each person submitting such, a Participant.
Proof of post or tweet transmission shall not constitute proof of receipt. The sole determinant of time for valid entry in this Contest will be the Contest administrator. The Sponsor reserves the right to refuse any entry in its absolute discretion. Entries including hashtags that are not relevant to the Contest may be disqualified.
• Submit any personal picture directly through the Facebook Tab and register as a Participant upon the upload of the picture.
To register as a Participant, one must log into the Facebook Tab by entering manually his contact information using the dedicated form (First Name, Name, email address) or by using a Facebook Connect or Twitter Connect or Instagram Connect.
Limit of one (1) registration per person during the Contest Period. Participation in excess of this limitation or mass entry attempts may result in disqualification of all entries by such person. No entries on behalf of someone else. Partial or incomplete/piecemeal submissions will NOT BE ACCEPTED.
By uploading a photo participants grant the right of usage of the said image. Participants must not submit any photo that violates or infringes any third party rights of any kind without prior authorization by the person concerned.
Registered Facebook Tab users agree that the pictures & profiles belong to Sponsor and that they can be displayed worldwide after the Contest Period at Sponsor’s sole discretion, in all media currently existing or hereafter developed. Once submitted, registered Facebook Tab users’ submissions become the sole property of Sponsor to the extent permitted by law and cannot be modified by entrant. By submitting a submission, registered Facebook Tab users gives permission (and warrants and represents that he/she has obtained all rights necessary to give such permission and grant the license herein described), to Sponsor and its designees and hereby grants Sponsor and its designees a royalty-free, irrevocable, perpetual, worldwide, sub-licensable, non-exclusive license (herein “License”) to post registered Facebook Tab users’ image(s), name, likeness or image, and all other information about the entrant contained in the entry registration on any media and through any means now known or hereafter devised, including without limitation, the World Wide Web, and to otherwise use entrant's name, likeness and all other information about the registered Facebook Tab users, and make derivative works therefrom, without compensation in accordance with the requirements of this Contest and the advertising, promotion, and publicity of the Contest, Sponsor’s products and services, and otherwise, as stated in these Rules (as solely determined by Sponsor).
The Sponsor reserves the right to dismiss from the Contest and/or from the Facebook Tab any pictures that would not be considered as compliant with these Rules and the Content Guidelines as described below.
The Contest is not endorsed, administered or sponsored by Facebook, Twitter and/or Instagram. Facebook, Twitter and/or Instagram are released of any responsibility towards Participants of the Contest. Information that registered Facebook Tab users will communicate will not be transferred to Facebook, Twitter and/or Instagram. Information that registered Facebook Tab users communicate will only be used for the purpose of the Contest or for the reception of emails if identified opt-ins are ticked.
Article 4bis – CONTENT GUIDELINES
In addition to complying with all other requirements of these Rules, each Participant must comply with the following guidelines (hereinafter referred to as the “Content Guidelines”). Any review that Sponsor, in its sole and unfettered discretion, determines is in violation of any Content Guidelines will be disqualified. Each submission (image/picture) must not:
• Contain content, image(s) or material that violates or infringes any third party rights of any kind, including without limitation, any third party privacy, publicity, trade secret and/or intellectual property rights, including third party registered and/or common law copyrights and trademarks;
• Name the makeup, brand names, trademarks or logos of any third party other than products manufactured by or for Sponsor;
• Contain content, images or other material that is misleading, inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libellous;
• Contain content, images or other material that reflects, advocates or promotes bigotry, racism, hatred, harm or exploitation of or against any class, group or individual, discrimination based on race, gender, religion, nationality, disability, sexual orientation or age, or actions or activities that are restricted, prohibited, illegal or unlawful (including without limitation, the consumption of alcohol or other controlled substances);
• Contain content, images or other material that is unlawful or in violation of or contrary to any applicable laws or regulations;
• Have been previously submitted in a promotion of any kind, or published, posted, exhibited or displayed publicly for commercial use by any means and in any form or media.
In addition to the foregoing, the submission (image/picture) cannot:
• Contain executable programming of any kind, including without limitation, viruses, worms, Trojan horses, spyware, malware, time bombs, Easter eggs, cancel bots or any kind of malicious or benign computer programming whatsoever; and
• Contain encrypted content of any kind, including without limitation, encoded messages.
Article 5 – PRIZES
The following prizes (main prize and runner-up prizes – hereinafter respectively referred to as the “Main Prize” and “Runner-up Prizes”, or indifferently referred to as the “Prize” or the “Prizes”) can be won by the Participants, in accordance with the following specifications:
- Main Prize: One (1) year’s supply of Penhaligon’s No.33 products as specified hereafter and One (1) 770.00 US Dollars ($770.00) voucher on MrPorter.com;
- Four (4) Runner-up Prizes: One (1) Penhaligon’s No.33 full range of products, including One (1) 100mL No.33 Eau de Cologne, One (1) 150mL No.33 Cleanser, One (1) 100mL No.33 Face and Beard Scrub, One (1) 75mL No.33 Moisturiser and One (1) 15mL No.33 Eye Cream.
The “year’s supply” of Penhaligon’s No.33 products consists of a quantity of products equal to the average quantity of products used by an individual over the course of One (1) year as determined by the Sponsor and will be provided to the Winner in one instalment/delivery: Four (4) Penhaligon’s No.33 full range of products, including Four (4) 100mL No.33 Eau de Cologne, Four (4) 150mL No.33 Cleanser, Four (4) 100mL No.33 Face and Beard Scrub, Four (4) 75mL No.33 Moisturiser and Four (4) 15mL No.33 Eye Cream.
The MrPorter.com voucher must be used within One (1) year of the Contest Period’s expiry or Main will be forfeited. Winner agrees to accept MrPorter.com terms and conditions for the Main Prize.
Sponsor reserves the right to substitute the Prizes for one of equal or greater value if one the designated Prizes should become unavailable for any reason. The total Approximate Retail Value (“ARV”) of the Main Prize is 3,050.00 US Dollars (£3,050.00). Approximate Retail Value (“ARV”) of the Runner-up Prizes is 234.00 US Dollars ($234.00) per Runner-up Prize. Actual value may vary based on price fluctuations. Winner will not receive difference between actual and approximate retail value, if any.
Eight (8) Penhaligon’s 100mL No.33 Eau de Cologne, Eight (8) 150mL No.33 Cleanser, Eight (8) 100mL No.33 Face and Beard Scrub, Eight (8) 75mL No.33 Moisturiser and Eight (8) 15mL No.33 Eye Cream in total will be available for the purpose of the contest.
Article 6 – DESIGNATION OF WINNERS AND ALLOCATIONS OF PRIZES
At the end of the Contest Period, a jury will select the best image among all submissions from the Participants. The Participant who has posted the selected image will be designated as the main winner (hereinafter referred to as the “Main Winner”) and therefore be entitled to receive the Main Prize. The jury will also select Four (4) other images among all submissions from Participants other than the Main Winner. The Participants who have posted these Four (4) images will be designated as runner-up winners and therefore be entitled to receive one of the Runner-up Prizes.
The jury is constituted by:
- Jonathan Daniel Pryce, Men’s Fashion and Street Style Photographer;
- Jenico Preston, Sponsorship Director at British Fashion Council;
- Nick Gilbert, Penhaligon’s Fragrance Ambassador.
No Prizes or any portion thereof is transferable or redeemable for cash. Any portion of the Prizes that is not used is forfeited. No substitutions for Prizes except by Sponsor, in which case a Prize of equal or greater value will be substituted. Winners agree that their names may be published on the following pages:
The potential Winner will be notified via e-mail or via the Facebook, Twitter and/or Instagram account(s) that the potential Winner used to enter the Contest. Failure to respond to the initial verification notification within three (3) business days after notification or return of e-mail notification as undeliverable after two (2) attempts will result in disqualification, and Prize forfeiture. If a potential Winner is found to be ineligible or not in compliance with these Official Rules, the Prize may be forfeited and an alternate Winner will be selected from among all remaining eligible Participants who entered the Contest during the Contest Period.
ARTICLE 7– CONDITIONS AND LIMITATIONS OF LIABILITY
Participants of the Contest agree to be bound by and abide by the Rules and the decisions of Sponsor and Administrator, which shall be final and binding in all respects and not subject to appeal. By registering on the Facebook Tab and/or accepting a Contest Prize, a Participant of the Contest agrees to release and hold harmless the Sponsor, their respective parent, subsidiary, affiliated and successor companies, advertising and promotion agencies and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors and assigns (collectively and individually hereinafter referred to as the "Released Parties") from any and all actions, claims, loss or damage to person(s) or property arising in any manner, directly or indirectly, in whole or in part from participation in this Contest, or any Contest related activity, and/or acceptance, possession, misuse or use of any Prize(s), with the sole exception of liability for personal injury or death caused by negligence or breach by any of Released Parties of these Rules where waiver of such liability is prohibited by law. Unless prohibited by law, by accepting a Prize winner authorizes the Sponsor and its designees to use his/her name, voice, likeness, photograph, prize information, biographical data and city and state/country of residence in any media now known or hereafter discovered, worldwide, including on the World Wide Web and Internet, in perpetuity, at any time or times, in programming, advertising, trade and/or promotional material relating to this Contest or on a winner's list (if applicable) without additional compensation or notice, review or approval (unless prohibited by law). Sponsor is not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials, at Sponsor's sole discretion, without obligation or compensation.
ARTICLE 8 – RELEASE OF LIABILITY
Released Parties are not responsible for failed, partial or garbled computer transmissions beyond their control, or for technical failures of any kind beyond their control, including but not limited to electronic malfunction, programming errors or failures, or damage or failure of any network, hardware or software. If for any reason the Contest (in whole or in part) is not capable of running as planned, as solely determined by Sponsor, including, but not limited to, by infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures or any other problems beyond Sponsor's control that can corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest and/or disqualify any individual who tampers with (or attempts to tamper with) the registration process or operation of the Contest. In any such event, Sponsor shall conduct the Contest and make the Contest Prize available to be won in a manner that is fair, appropriate and consistent with the spirit of these Rules, as determined by Sponsor in its sole discretion.
Notice of cancellation/termination/modification/suspension of Contest will be posted on the Facebook Tab. Tampering (as referenced above) includes but is not limited to use of any unauthorized apparatus (be it hardware, software or otherwise) to participate in the Contest.
Insofar as any of these problems arise due to circumstances beyond Sponsor's control Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to (or any problems or technical malfunctions of) any telephone network or lines, computer online systems, servers, or providers, computer equipment, hardware, software, failure of any e-mail to be received/properly recorded (or the incorrect or inaccurate capture of registration, entry, or other information, or the failure to capture, or loss of, any such information) on account of technical problems or traffic congestion on the Internet or at the Facebook Tab, or any combination thereof. Sponsor and its agencies are not responsible for any injury or damage to entrant's or any other person's computer related to or resulting from participation in or downloading any materials from this Contest, or Facebook Tab.
Further, Released Parties are not responsible for any incorrect or inaccurate information, whether caused by Facebook Tab users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Contest. Participants further agree not to damage or cause interruption of the Contest and/or prevent others from participating in the Contest.
CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE OR AN INDIVIDUAL OTHERWISE ATTEMPTS TO DEFRAUD SPONSOR, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
ARTICLE 9 – OWNERSHIP AND USE OF TRADE MARKS, COPYRIGHT AND OTHER RIGHTS
Content shown on the Facebook Tab includes trademarks and copyrighted materials (any works or materials arising out of or in connection with the Contest) owned by the Sponsor or third parties, or as may apply, owned by third parties and licensed to the Sponsor or others. No downloading or copying of this content by Facebook Tab users is allowed and no ownership or license rights are granted to any registered Facebook Tab users. All right, title and interest shall remain with and is reserved to its owner. By your act of registration, you have agreed not to download, copy, modify or otherwise use any property that is not your own. A registered Facebook Tab user who downloads or copies such content is subject to termination of its registration with the Sponsor and, if applicable, termination of all rights in respect to the Contest. Such copying or downloading may be an infringement or other offense under applicable law, exposing the infringer or offender to criminal and civil penalties. It is the Sponsor’s policy to cooperate with all investigations of infringement or unlawful copying or other use of content, conducted by governmental agencies or the owners of rights. Registered Facebook Tab users will indemnify, reimburse, and hold Sponsor harmless from any and all damages, losses, liabilities and costs (including without limitation attorney's fees and court costs) arising from, based upon or in connection with any (i) claims alleging that action of the registered Facebook Tab user have or have resulted in the infringement of any third-party rights, or (ii) the registered Facebook Tab user has violated any of these Terms and Conditions.
ARTICLE 10 – ACCEPTANCE OF THE RULES
Playing the Contest and/or registering on the Facebook Tab implies full acceptance of these Rules. These Rules can be consulted on the Facebook Tab during the entire Contest Period. In the event of violation of these terms of participation, the Sponsor expressly reserves the right to bar individuals from participating.
Registered Facebook Tab users agree that personal data, especially name and address, may be collected, used, disclosed and stored for the purposes of administering the Contest and Prizes fulfilment. The data controller and recipient of your personal data is the Administrator. Data will be stored in United Kingdom. In compliance with the applicable Data Protection Regulations, the registered Facebook Tab users enjoy a right of access to, as well as a right to additional information, the rectification of, or opposition to, his/her personal data, when necessary. The registered Facebook Tab users are entitled to exercise the aforementioned rights by sending a letter specifying his/her surname and first name with a copy of his/her identification document to the following address: Penhaligon’s Limited, Dragoon House, 37-39 Artillery Lane, London E1 7LP, United Kingdom. Registered Facebook Tab users who exercise the right of deletion for their data before the end of the Contest shall be deemed as foregoing the possibility of playing.
Any participation in the Contest implies full and unconditional acceptance of the Rules. Noncompliance with such Rules, any fraud or attempted fraud committed for the purpose of unduly receiving a prize, or any malicious intention to disrupt the course of the Contest may result in the elimination of the perpetrator; The Sponsor reserves the right to instigate legal proceedings against such party.
Claims or disputes resulting from the Rules’ interpretation or enforcement, except those relating to the nature and quality of prizes, shall be addressed by registered letter with acknowledgement of receipt to the Sponsor’s, at the following address: Penhaligon’s Limited, Dragoon House, 37-39 Artillery Lane, London E1 7LP, United Kingdom.
Any disputes or claims relating to the Contest shall not be taken into account one month subsequent to the Contest Period’s expiry. Any difficulty in interpreting or applying the Rules shall be submitted to the Sponsor’s sovereign appreciation. The reproduction, representation or exploitation of all or part of the elements which make up the Contest is strictly forbidden. The nullity of a Rules’ clause shall not impact the validity of the other clauses.
Unless 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/or Released Parties in connection with the Contest, shall be governed by, and construed in accordance with, the laws of England and Wales without regard for conflicts of law doctrine of any jurisdiction, and all proceedings shall be referred to the competent courts of London.
To the fullest extent permitted by law, by registering on the Facebook Tab and/or participating in the Contest a Participant and/or registered Facebook Tab user (i) agrees to the personal jurisdiction and subject matter jurisdiction of such courts; (ii) waives any right to change of venue, forum non convenient or any like right; (iii) agrees that all claims, disputes and causes of action must be brought individually (not as part of a class action); and (iv) agrees that his/her recovery will be limited to his/her actual costs of participating in the Contest (if any) and waives any right to any other remedy or damages (including consequential, incidental, indirect or punitive damages) or to have his/her damages multiplied or increased.
The failure of Sponsor to enforce any of its rights as set forth herein shall not constitute a waiver of such rights. In the event that a court of competent jurisdiction determines that a provision of these Rules is invalid, illegal or unenforceable, such provision shall be replaced with a substitute provision that most closely approximates the underlying intent of Sponsor; and, the invalidity/illegality/unenforceability of a single provision shall not affect the validity, legality or enforceability of the remainder of these Rules.
ARTICLE 13 – GENERAL INFORMATION
Any questions, comments regarding the Contest are to be directed to Sponsor. The Participant is responsible for his/her own costs incurred in connection with participating in the Contest (including the costs for his/her own Internet access).
All local income and other taxes, if any, are the winner's sole responsibility. Participant provides information to Sponsor.