Swannies Flat Lay Challenge: TERMS AND CONDITIONS


Swannies Flat Lay Challenge:

TERMS AND CONDITIONS

 

Promotion Overview

  1. Swannies Flat Lay Challenge is a promotion organized by Swanwick Sleep (“Promoter”) applicable to Swanwick Sleep products and Facebook and Instagram submissions (“Promotion”) from 17 September 2018 to 28 September 2018 (“Promotion Period”).

 

  1. Participants who post their flatlay visual on Instagram and Facebook in accordance with these Terms and Conditions will be eligible to win prizes.

 

  1. To be eligible to participate in this challenge, the participant must:
  • be aged 21 years and above;
  • have a Swanwick Sleep product to capture in their contest submission visual
  • be a follower of @swanwicksleep Instagram page and @swanwicksleep Facebook page; and
  • comply with the Promotion Procedure presented above.

 

  1. The following persons are not eligible to participate in the Promotion:
  • employees of the Promoter and their immediate family members,
  • employees of any agency associated with the Promotion.

Promotion Procedure

  1. By participating in this Promotion, each Participant acknowledges and agrees to these Terms and Conditions.
  2. Participants are strictly prohibited from using vote exchange or vote buying mechanisms or any other fraudulent means to influence the outcome of voting by members of the public for his/her entry in the Promotion.  Any participant found to be using any vote exchange or vote buying mechanisms or any other fraudulent means will be disqualified.
  3. Participants are to use and/or purchase any Swanwick Sleep product to participate in the Promotion but participants are responsible for all costs of participation, including taxes or telecommunication costs (such as those incurred through the use of creating, editing or uploading any entry).

Promotion Administration

  1. Promotion administrators will validate that winning images meet all entry requirements.
  2. The Instagram account and/or Facebook account name submitted by the participant at the time of submission will be used to identify their images.
  3. The upload date on the winning image will be used to determine the submission date.
  4. Image entries will be available for judging at:

 

  1. Images that contravene any law, infringes the rights of any person or is obscene, offensive, potentially defamatory, threatening, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, vulgarities, or excessive violence) will not be taken into consideration and entry will be disqualified from participation.
  2. By participating in this Promotion, the participant understands that this Promotion is in no way sponsored, administered or associated with Instagram, Facebook, and the participant agrees to abide by the Instagram and Facebook terms of use. For more information on Instagram’s and Facebook’s terms of use, please refer to:

Promotion Prizes

  1. The prize will be awarded after the Promotion Period as will consist of two Swannies Day & Night Sets.
  1. Prizes must be confirmed and claimed by winner within 7 business days’ time. If a prize winner fails to claim his/her prize in accordance with this Clause, he/she shall be deemed to have forfeited his/her prize.
  2. The Promoter will assist to liaise with the winner to confirm prize.
  3. Prizes will be provided as described in these Terms and Conditions. A prize may be transferred to a person 21 years or over if requested by the prize winner, at the absolute discretion of the Promoter. However, it cannot be refunded, exchanged, negotiated or redeemed for cash. If for any reason, the prize winner does not accept or cannot receive any component of the prize but does not wish to transfer the prize to another individual, then the prize will be deemed forfeited by the prize winner.
  4. Except for components of the prizes as described above, all other costs incurred shall be the responsibility of the prize winners. The Promoter shall not cover any other costs. Prize winners will be responsible for any tax liability associated with the receipt of a prize.
  5. If a prize or any element of a prize becomes unavailable, for any reason beyond the Promoter’s control, then a prize or prize element of similar or equal value as determined by the Promoter at its absolute discretion will be awarded in lieu thereof.
  6. The Promoter disclaims all warranties with respect to the Promotion or the prizes, which are provided strictly on an “as is” and “as available” basis.

Data Privacy

  1. During the course of the Promotion, the Promoter may collect personal information of each participant. This may include, but is not limited to, the names, email addresses, telephone numbers and other details provided by the participant. Such data is collected for the purposes of verifying the identity of the prize winner, awarding the prize to the prize winner, publishing the results of the Promotion and publicising the Promotion.
  2. By participating in the Promotion, the participant consents to collection, use and disclosure of the participant’s personal data for marketing and publicity purposes, including distribution of marketing materials and contacting entrants in future to invite entrants to, or inform entrants about, events organised by Swanwick Sleep.
  3. The Promoter shall comply with its obligation pursuant to applicable legislation, regulations and legal requirements in relation to data privacy.
  4. For enquiries, including on matters of data protection or privacy, please contact the Promoter at support@swanwicksleep.com

Intellectual Property

  1. Entries must not include:
  • any image, depictions, photographs, pictures, images or likenesses of any other person without that person’s express consent. Participants warrant that if any such content is included, they have obtained the express consent of the relevant person, or the parent/guardian of such person if such person is under 21. At the request of the Promoter, participants must provide to the Promoter such consents from persons featured in any way in the entry;
  • any content that contravenes any law, infringes the rights of any person or is obscene, offensive, potentially defamatory, threatening, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, vulgarities, or excessive violence);
  • any work in which third party copyright subsists, unless the participant is entitled to do so. If participants have any doubts about whether they have the right to include any content they must not include it.
  1. By including any such content in their entry, participants warrant that they have the permission of the relevant copyright owners to do so, and shall procure that such copyright owners grant the right and licence on a worldwide, sub-licensable, non-exclusive basis to the Promoter and its affiliates to use such content as part of the entry, in any manner (including modifying, adapting or publishing the entry, whether in original or modified form, in whole or in part or not at all), by way of all media, without payment (of royalties, compensation or otherwise), in accordance with these Terms and Conditions.
  2. Each entry must be the participant’s original work. Each participant warrants that the entry is solely created by himself/herself, and he/she is the owner of all rights, title and interest in the entry (excluding references to the AccorHotels restaurants and/or bars, any related corporations and any AccorHotels intellectual property such as logos and trade marks in the entry).
  3. The Promoter reserves the right to verify, or to require the participant to show proof, that the entry is the participant’s original work. If an entry cannot be verified as an original work to the Promoter’s satisfaction, the entry will be disqualified.
  4. In consideration of the Promoter’s acceptance of an entry, each participant hereby assigns (including the present assignment of rights created in the future), with effect from the submission of such entry, all rights, title and interests, including intellectual property rights, in and to the entry, throughout the world and in perpetuity, to the Promoter and its affiliates, free from all encumbrances whatsoever.
  5. Each participant hereby agrees that the Promoter will be entitled to use the entry in any manner (including modifying, adapting or publishing the entry, whether in original or modified form, in whole or in part or not at all), by way of all media, without payment to the participant (of royalties, compensation or otherwise).
  6. Each participant hereby irrevocably and unconditionally waives all moral rights in the entry throughout the world, which he/she may have under the Copyright Law in USA or similar legislation in the relevant jurisdiction, and any other moral rights to which he/she is or may be entitled to under any legislation now existing or in future enacted in any part of the world.
  7. Each participant hereby agrees, and shall procure the same from third party copyright owners (where applicable), that the Promoter may copy any content submitted as part of an entry, cause the content to be seen in public, communicate the content to the public, and allow third parties to do any of these things.

Release Terms

  1. To the fullest extent permissible by law, each participant in the Promotion including without limitation the prize winners, will indemnify and hold harmless the Promoter and their directors, officers, employees and agents, and all others associated with the development and execution of the Promotion (collectively, the “Indemnified Parties”) from any and all claims, demands, causes of action, settlement sums, proceedings, loss (including but not limited to direct, indirect, consequential and economic loss), damages, expenses (including any claim for legal expenses), costs or charges, whether foreseeable or not, which may be sustained or in any way incurred by such participant out of, in the course of or in connection with one of more of the following:
  • submission and/or use by the Indemnified Parties of any or part of an entry for any purpose described in these Terms and Conditions;
  • the entrant’s failure to comply with these Terms and Conditions or any applicable laws, rules or regulations;
  • unauthorized use or disclosure of any personal data, or the brand, trademark or logo, of any person or entity;
  • the breach or alleged breach of any warranty made by the participant in connection with the Promotion, including in these Terms and Conditions;
  • acceptance and/or use of the prize(s) or any part thereof, and any personal injury suffered or sustained in connection therewith;
  • any right granted by the participant to the Promoter in connection with the Promotion;
  • that participant’s negligence, wilful misconduct, breach of any applicable laws, rules or regulations or these Terms and Conditions, or his or her infringement of any third party’s intellectual property rights, proprietary rights or other rights;
  • that participant’s submissions, participation, attempt to participate, or inability to participate, in the Promotion; and/or
  • any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the Internet or any website, or any unauthorised intervention, or any combination thereof, including any non-delivery or corruption of entries to the Promoter, injury or damage to participants’ or any other person’s computer related to or resulting from participation in or down-loading any materials in this Promotion. The use of any automated entry software or any other mechanical or electronic means that allows an participant to automatically submit one or more entries repeatedly is prohibited and will render all entries submitted by that participant invalid.
  1. Lost and/or Delayed Communication
  • The Promoter will not be responsible for any delayed, lost or misdirected mail or any other communication.
  1. Amendment of Terms and Conditions
  • The Promoter may, at its absolute discretion, at any time vary, delete or add to any of these Terms and Conditions from time to time without prior notice. Participants agree to be bound by any decisions made by the Promoter, including the Promoter’s interpretation of these Terms and Conditions.
  • The Promoter reserves the right to withdraw, suspend, discontinue or terminate the Promotion/Contest at any time at its absolute discretion, without notice or liability to any person.
  • The Promoter reserves the right, at any time in its sole and absolute discretion, to substitute, withdraw, add to or alter any of the prizes offered without notice to the participants.
  1. Governing Law and Disputes
  • In the event of a dispute, the decision of the Promoter is final and binding and no correspondence will be entered into.
  • These Terms and Conditions are governed by, and must be construed in accordance with, the laws of USA.
  • Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in USA in accordance with the Arbitration Rules for the time being in force, which rules are deemed to be incorporated by reference in this Clause. All arbitration proceedings and all information, pleadings, documents, evidence and all matters relating thereto shall be kept confidential.

 

Find out more about how you can participate in our Swannies Flat Lay Challenge here.

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