Terms and conditions for the Asics Tiger Competition
TERMS AND CONDITIONS
ASICSTIGER SOUTH AFRICA APPAREL LAUNCH COMPETITION
NO PURCHASE NECESSARY. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.
USE CAUTION AND COMMON SENSE WHEN PARTICIPATING IN THIS PROMOTION. RESPECT AND ENSURE THE SAFETY OF YOURSELF AND OTHERS. DO NOT TRESPASS OR HARM ANYONE'S PROPERTY.
This Promotion is run by [ASICS South Africa (Pty) Ltd] ("Sponsor" or "ASICS") whose registered office is located at [Old Warehouse Building, Black River Park South, Fir Street, Observatory, Cape Town], as well as its affiliated companies.
This Promotion is free of charge and is only subject to the present Terms & Conditions and to all applicable international, federal, state, provincial, local and regional laws and regulations.
For general questions arising out of these Terms & Conditions and/or related to this Promotion, please contact [Dane Abramowitz - Digital Marketing Executive on firstname.lastname@example.org].
By entering and participating in this Promotion, you agree to be bound by these Terms & Conditions and represent that you satisfy all of the eligibility requirements below.
1.1 In order to enter this Promotion and be eligible to win a prize, you confirm that you ("Participant", "Entrant" or "you") satisfy the following eligibility criteria:
1.2 You acknowledge that you are  years of age or older at the time of participation, and, if under the age of 18 or under the age of majority for your jurisdiction, you are participating to this Promotion under the active supervision of a parent, legal guardian, or other responsible adult (altogether referred to as "Guardian" in the following) who has read and agreed to these Terms & Conditions on your behalf. In such a case, a written approval from both the Entrant and the Guardian is mandatory. Due to the fact that the participation is [web based/ smartphone-based], ASICS excludes any responsibility and/or liability in case the participation/the award of a prize requires the approval of a Guardian. This solely lies within the responsibility of Entrant.
1.3 Persons under the age of  are not allowed to participate to this Promotion or transmit or otherwise submit personal information to ASICS.
1.4 You are not allowed to participate if your residence is outside [South Africa]. Please note that ASICS is not liable in case Participants are not legally allowed to take part in the Promotion due to national or local laws.
1.5 ASICS is not responsible in case a Participant is not physically or mentally able to perform any or all of the described tasks; there is no legal right to participate in this Promotion whatsoever. ASICS is not liable in case a Participant injures him-/herself while performing actions with regard to this Promotion.
1.6 Directors, officers and employees of Sponsor, its parent, and any of their respective affiliate companies, subsidiaries, agents, any company involved in the development or production of the Promotion, professional advisors, third party service providers or advertising and promotional agencies involved with this Promotion, and immediate family members and those living in the same household of such persons (whether legally related or not) are not eligible to enter or win any prizes in this Promotion.
1.7 Any number of entries per person is allowed. Only natural persons and non-entrepreneurs are allowed to participate.
1.8 Sponsor reserves the right to verify the email address provided to Sponsor by Entrant and to require proof of age, identity and/or other provided details at any time at its discretion. In the event of any dispute, entries containing an invalid e-mail address or incorrect data regarding the age or residence of the Entrant will be deemed ineligible.
2. PROMOTION PERIOD
2.1 This Promotion ends on [5 October 2018]. [Consumers need to post an image or video to Instagram telling ASICS which festival they would love to attend in 2019]
2.2 Entries received by ASICS outside this Promotion Period will not be considered and will have no entitlement whatsoever pursuant to these Terms & Conditions.
3. RULES OF THE COMPETITION AND OF PARTICIPATION
3.1 Consumers will enter via Instagram only
3.2 Consumers need to post an image or video to Instagram telling ASICS which festival they would love to attend in 2019.
3.3 Consumers must tag @ASICSTIGERSA and @Superbalist and use the hashtags #ASICSTIGER in the copy of all posts.
4. THE SELECTION PROCESS
4.1 Two judges from Superbalist.com and ASICS South Africa will pick the final winner of the competition. The decision will be based on creativity, originality and uniqueness of the post and adherence to the competition rules.
4.2 [Winners will be notified on Instagram via the ASICSTIGER and Superbalist channels followed up by E-mail/telephone].
4.3 There can only be one winner and judges decision is final.
4.4 ASICS undertakes to use reasonable efforts to maintain adequate hardware and software service for the Promotion and shall not be liable for: late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible entries; telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, delays or difficulties; errors in transmission; prize notification deliveries attempted but not received; any loss suffered by anyone who enters or attempts to enter the Competition, whether the entry is lost, not submitted, wrongly processed or does not win.
4.5 ASICS also undertakes to ensure transparency and to log the selection process appropriately in order for the results to be verified.
4.6 Late, illegible, incomplete, defaced or corrupt entries will not be accepted. No responsibility can be accepted for lost entries and proof of transmission will not be accepted as proof of receipt.
4.7 If you are disqualified, ASICS is under no obligation to publish this fact.
4.8 By entering this competition, you are giving consent for ASICS, ASICSTIGER and Superbalist to use your content and contact you directly on Instagram. If you are contacted. If you are contacted, please make sure you give correct contact information.
5. THE PRIZES
5.1 The first place winner will receive two flights and two festival tickets to the destination of the festival the consumer entered for.
5.2 In case a minor Entrant wins a prize and if the acceptance/usage of such prize requires the approval of a Guardian (for instance travels or any prize that involves a contractual relationship with Entrant), ASICS is entitled to substitute such prize with another prize or to determine an alternate winner, in case no such approval is given. If the Guardian consents, but the acceptance/usage of the price entails own costs with regard to the Guardian (e.g. traveling expenses for accompanying the minor Entrant), ASICS is also entitled to substitute the original prize with another prize or to determine an alternate winner. Neither Entrant nor the Guardian has any rights or claims regarding additional expenses in connection with the award of prizes.
5.3 Non-applicable winner and Guardian, if any required, must travel together on the same itinerary. All travel arrangements must be made through Sponsor's agent. Any other costs and expenses associated with prize acceptance and use not specifically provided herein (such as security fees, gratuities, luggage fees, snacks, drinks, and transportation, and incidental charges) are the responsibility of the participating winners and guardians and not Sponsor. Each winner must possess and show valid travel documents, prior to departure (e.g. valid driver's license, or other acceptable government-issued identification). Once airline tickets have been ticketed, no changes by finalist will be permitted. Sponsor will determine airline, airports, flight itinerary, meal date/time and food and drink selection, and overnight accommodations in its sole discretion. Travel and accommodation restrictions, conditions, and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets or travel vouchers.
5.4 ASICS reserves the right to replace any or all prizes with prizes of a similar value.
5.5 Please note that no travel or other costs will be reimbursed for the participation in the Promotion except for those expressly mentioned in these Terms & Conditions.
5.6 To the extent permitted by applicable local law, all prizes are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of satisfactory quality or fitness for a particular purpose). COUNTRY, STATE, LOCAL TAXES, INCLUDING VAT TAXES WHICH ARE ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER.
5.7 No cash alternatives will be provided and prizes are non-transferable and non-refundable.
5.8 In case the winner does not claim his/her prize [post 2 weeks after draw], he/she will have forfeited the prize and ASICS reserves the right to determine an alternate winner based on [second selection by judges].
5.9 The Promotion will be run at Sponsor's sole discretion. Sponsor's decision in relation to all matters in connection with the Promotion is final, and no correspondence will be entered into.
6. SPONSOR'S RIGHT TO CHANGE THE TERMS & CONDITIONS AND TO DISQUALIFY
6.1 Sponsor reserves the right to change the Promotion rules and these Terms & Conditions from time to time and such changes will be available on asics.com
6.2 If in Sponsor's opinion the Promotion is compromised by any event beyond Sponsor's control, Sponsor reserves the right to modify, terminate, amend or extend the Promotion without responsibility and liability for any amount or kind of loss or damage that may result to you or any third party (whether direct or indirect).
6.3 At any time during the Promotion, Sponsor reserves the right in its sole discretion to disqualify and remove any Entrant for any failure to observe these Terms & Conditions (including but not limited to, because Sponsor believes the Entrant engaged in cheating and in general for violations of the provisions set out under section 7 of these Terms and Conditions) or where applicable any other kind of illegal or inappropriate behavior. In the event that a winning Entrant is disqualified, the prize will be forfeited and/or may be awarded [2nd random selection by judges will be deemed the prize winner].
7. FAIR PLAY
7.1 You hereby confirm that the personal data [your Instagram channel] you use to enter in connection with the Promotion is accurate and up to date. 7.2 You hereby warrant and represent that you personally performed and otherwise participated in the Promotion to meet the criteria set out under sections 3. and 4 of these Terms & Conditions associated with your entry or by your own creation of other materials such as user generated content as specified in these Terms & Conditions and that you have not used any prohibited aids, such as automatic robots, scripts, services or other forms of manipulation.. By entering this Promotion, all Entrants warrant and represent that their entries are their own fully original creations, and their respective entries will not infringe or violate the rights of any third parties, including but not limited to copyrights, trademarks and/or rights of publicity/privacy.
7.3 You confirm and are responsible that your entry does not:
- contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights;
- contain brand names or trademarks, other than (i) those of Sponsor, which you have a limited license to use for the sole purpose of creating and uploading your entry, and/or (ii) those that you own, which you agree to license to Sponsor on a royalty-free, irrevocable, perpetual, non-exclusive basis, or have license to use and sub-license to Sponsor on a royalty-free, irrevocable, perpetual, non-exclusive basis in connection with the entry;
- contain copyrighted material not created by you, other than material that you have necessary rights, consents and permissions to use and sub-license to Sponsor on a royalty free, irrevocable, perpetual, non-exclusive basis in connection with the entry;
- contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
- contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the entry is created.
7.4 In case of an infringement of sections 7.2 and/or 7.3 above, you shall defend and indemnify Sponsor against, claims of infringement based on intellectual property rights.
8. GRANT OF RIGHTS
8.1 The Entrant hereby assigns and grants to the Sponsor including its parents, subsidiaries, affiliates and partners any and all rights, title and interest in and to all entries and materials submitted to Sponsor in connection with any Promotion, including your voice, image, photograph, statements, biographical information, performances, name and likeness and including any user generated content (collectively, "Entry Materials") under current and future law to the broadest extent possible according to applicable law. To the extent that rights are not assignable, the Entrant hereby grants to the Sponsor the irrevocable, worldwide, perpetual, exclusive, transferable and unlimited rights (unlimited in terms of territory, time or purpose) to copy, distribute, transmit, publish, perform, display, make derivative works from, exploit, and otherwise use the Entry Materials in any known or yet unknown kind of use. This includes in particular but is without any payment or notice to the Entrant. If a court or any other authority finds that the exclusive grant above is not fully effective for any reason, the Entrant hereby grants to the Sponsor the irrevocable, worldwide, perpetual, non-exclusive, transferable and unlimited rights (unlimited in terms of territory, time or purpose) to copy, distribute, transmit, publish, perform, display, make derivative works from, exploit, and otherwise use the Entry Materials in any known or yet unknown kind of use without any payment or notice to the Entrant. Entrant waives any and all moral rights (sometimes referred to as "droit moral" or similar terms) in the Entry Materials in favor of Sponsor. The conveyances and licenses in this section include in particular but are not limited to the following rights: the broadcasting right, the right of making available to the public (download/on-demand-rights), the film theatre right (cinematic/exhibition right), the video rights, the right of distribution and copying, the right of alteration and dubbing, the right of promotion, the merchandising right, the publishing right and the stage drama, radio drama and audio/talking book rights. Furthermore, the Sponsor acquires the right to make any alterations, intermissions, deletions, cuts or other modifications in and to the Entry Materials and the exclusive right to exploit such altered version in any matter. The Sponsor and its parents, subsidiaries, affiliates and partners shall be enabled to exploit the Entry Materials without any limitations and regardless of the medium via which the exploitation takes place. Sponsor is however not obliged to make use of these rights.
8.2 Sponsor is further irrevocably entitled to assign the rights entirely or in part to any third parties and to grant any sublicenses respectively rights of exploitation and/or exploitation permissions or to exercise the rights in its own name or through third parties.
8.3 The sole consideration for this comprehensive assignment and grant of rights shall be to get the chance to win a prize in the Promotion.
8.4 Sponsor including its affiliated companies and partners may be required to request you to enter into a separate license agreement permitting Sponsor to use the Entry Materials for reasonable promotional, administrative or other purposes beyond the reasonable expectation of the Entrant.
APPENDIX B: TEMPLATE TERMS AND CONDITIONS cont.
9. COLLECTION OF INFORMATION & DATA PROTECTION
9.1 In the following, the term "Personal Data" describes all data relating to you, such as your contact details, Competition responses and posted content. Sponsor reserves the rights to use and publish data pursuant to these Terms.
9.2 You hereby confirm that the Personal Data in connection with the Promotion is accurate and up to date.
9.3 By accepting the Terms, you agree that Sponsor may process your Personal Data itself, within the ASICS Group or through outside data processors who will process data on its behalf. Your Personal Data will be used for the following purposes:
- to facilitate the consumer activation, e.g. to run the Competition and contact winners to award a prize;
- to combine the information we receive from consumer activations with information from other sources, such as information you have previously given to us; information we have automatically collected about you (e.g. through cookies); and information we have received from other sources (e.g. social media). We may use this information and the combined information for learning more about your preferences as our customer, for enhancing your user experience on our Websites and for providing you with information, content and offerings tailored to your needs.
9.4 In cases in which Sponsor transmits Personal Data to an outside data processor in connection with the Promotion, Sponsor will only transmit as much Personal Data as is necessary in order to fulfil its tasks set out under these Terms.
9.5 Since Sponsor operates globally, this may mean Sponsor could transfer your Personal Data to other countries which may not provide the same level of data protection as your jurisdiction. By submitting information to us, you agree to the storing, processing and/or transfer of data within, to or from other countries, including countries outside of the European Economic Area or your local country.
9.6 Sponsor, its affiliated companies and its mandated data processors shall process your Personal Data securely and take appropriate security measures to protect the Personal Data.
9.7 Sponsor does not knowingly collect information from persons below the eligible entry age of the Promotion.
9.8 Sponsor and its contractors may contact you via electronic messages, social media, phone or otherwise in relation to the Promotion.
9.9 You may, under local applicable law, have the opportunity to request the amendment and/or the deletion of your Personal Data.
9.10 At any time, you may, also under local applicable law, have the right to access information about the Personal Data the Sponsor holds about you and object to its processing.
9.11 You can contact Sponsor with regard to privacy questions via: email@example.com
9.12 For questions of data usage by Facebook / Instagram, please refer to https://help.instagram.com/519522125107875
APPENDIX B: TEMPLATE TERMS AND CONDITIONS cont.
10. LIABILITY AND WARRANTY
10.1 Sponsor is liable in accordance with statutory law (a) for damages arising as result of an injury to life and/or health; (b) in case of intent; (c) in case of gross negligence if the Entrant is a consumer according to applicable consumer protection law; and/or (d) in case Sponsor is in breach of the requirements of statutory regulations on product liability (if applicable).
10.2 Without limiting the aforementioned, Sponsor is only liable for slight negligence in cases of a breach of a material contractual obligation hereunder. In such cases, the liability will be limited to the typical and foreseeable damages; in other cases Sponsor shall not be liable for slight negligence.
10.3 Sponsor and the ASICS Group exclude all liability to you for any loss of income, loss of profits, loss of goodwill, loss of data, loss of opportunity (in each case whether direct or indirect) and any indirect or consequential loss or damages incurred or suffered by you in connection with your participation in the Promotion.
10.4 In no event shall Sponsor be responsible or liable for any failure or delay in the performance of its obligations under these Terms & Conditions arising out of or caused by, directly or indirectly, forces beyond its reasonable control, including but not limited to strikes, work stoppages, accidents, or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software or hardware) services.
10.5 To the fullest extent permissible by law, no conditions, warranties or other terms apply to the Promotion.
10.6 These Terms and Conditions will be governed by the laws of South Africa and any disputes will be subject to the exclusive jurisdiction of the courts of South Africa.