UK Sweepstakes Terms & Conditions and Data Protection Notice
Sweepstakes Name (the “Sweepstakes”): Monthly £100 XeroShoes.co.uk Gift Card Giveaway
Sweepstakes Entry URL: www.xeroshoes.co.uk/win100
NO PURCHASE OF OUR PRODUCTS OR OTHER CONSIDERATION IS NECESSARY TO ENTER OR WIN. A PURCHASE OF OUR PRODUCTS DOES NOT INCREASE THE CHANCES OF WINNING, HOWEVER, ADDITIONAL ENTRIES MAY BE CONDITIONED ON AGREEMENT TO RECEIVE MARKETING OR COMMERCIAL COMMUNICATIONS (SUBJECT TO RIGHT TO REVOKE CONSENT UNDER APPLICABLE LAW) OR THE SUBMISSION OF CONTENT TO WHICH YOU GRANT US CERTAIN RIGHTS (AS SPECIFIED BELOW). THIS SWEEPSTAKES EVENT IS A PROMOTIONAL (ADVERTISING) ACTIVITY OF FEEL THE WORLD, INC.
- Sponsor: The Sponsor of the Sweepstakes is Feel the World, Inc. dba Xero Shoes, 320 Interlocken Parkway, Suite 100, Broomfield, CO 80021, United States (the “Sponsor“), Telephone no.: +303-447-3100.
- Eligibility: The Sweepstakes is only open to individuals who submit an entry into the Sweepstakes at the Entry URL above during the Entry Period (defined below) and are 18 years of age as of the date of entry (no prizes will be issued to persons under age 18). The Sweepstakes is only open to legal residents of the United Kingdom, and is void where prohibited by law. Employees, independent contractors, interns, officers, directors, and agents of the Sponsor or their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to, and all Entrants must comply with, all applicable laws and regulations.
- Agreement to Rules: By entering the Sweepstakes, the entrant (“Entrant” or “you”) agrees to comply with and abide by these Sweepstakes Terms and Conditions (“Rules”), and you represent and warrant that you meet the eligibility requirements, and affirm you have the right to contract in your own name. In addition, you agree to accept the Sponsor’s decisions as final and binding as it relates to the content of this Sweepstakes campaign, subject to applicable laws. Entrants should look solely to the Sponsor with any questions, comments or issues related to the Sweepstakes.
II. ENTRY AND PRIZES
- Entry Start Date: On the first day of each month
- Entry End Date: On the last day of each month
- Drawing Date: On the first day of the month following the entry end date
- Prize(s): £100 XeroShoes.co.uk Gift Certificate (1 per Winner)
- Prize Limitations: Winners receive 1 non-transferable £100 XeroShoes.co.uk Digital Gift Card. The Gift Card can only be used on XeroShoes.co.uk and expires five years after issuance.
- Prize Delivery: The prize will be delivered via email.
- Number of Winners: 1 Winner will be selected to receive a Prize each month.
- Winner Notification: All winners will be notified via email.
2. Entry Period: The Sweepstakes entry period begins on the Entry Start Date and ends on the Entry End Date (the “Entry Period“). Entries submitted outside the Entry Period will be disqualified.
3. Entry Requirements: The Sweepstakes must be entered by submitting an entry via the online form provided at the Entry URL above (each an “Entry”). The Entry must fulfil all eligibility requirements, conform to these Rules, and certain supplemental Entries may have additional conditions (such as email signup). Entries that are incomplete or do not adhere to the rules or specifications of the Sweepstakes may be disqualified at the sole discretion of the Sponsor. You must provide the information necessary for us to provide the Sweepstakes, e.g. your name, contact information, and any verification of eligibility. You may not enter more times than permitted during each Entry Period, e.g. by using multiple email addresses, identities, or devices in an attempt to circumvent any limits on Entries or to otherwise violate these Rules. You may not use bots, automated services, macros, scripts, bots, or other automated means to submit an Entry. If you use, or there are reasonable and credible indications that you have used, fraudulent methods or otherwise attempt to circumvent these Rules, you and your Entry may be disqualified.
4. Prizes/Publications on Winners: Each winner of the Sweepstakes (the “Winner“) will receive the Prize indicated above. No cash or other prize substitution shall be permitted except for at the Sponsor’s discretion. The prize is nontransferable. Any and all prize related expenses, including without limitation any and all taxes shall be the sole responsibility of the Winner, except as required by law.
5. Odds of Winning: The odds of winning will be the number of Winners over the Number of eligible entries (specified above) (i.e. in each calendar month the odds of winning will be Winners/ eligible Entries in that month). The odds may vary depending on the number of eligible individuals submitting Entries and the number of eligible Entries submitted by those individuals.
6. Winner Selection and Notification: Each Winner will be selected by a random drawing among eligible Entrants. Drawings will be conducted under the supervision of the Sponsor on the Drawing Date noted above. Each Entrant will be eligible to win only one (1) Prize during each Entry Period. Any drawing of an existing Winner during the Entry Period will be disregarded. The Winner will be notified within 7 days of the Drawing Date. The Sponsor shall have no liability for a Winner’s failure to receive Winner notifications due to spam, junk e-mail or other security settings or for a Winner’s provision of incorrect or otherwise non-functioning contact information. If the Winner cannot be contacted, is ineligible, or otherwise fails to claim the prize within 7 days from the time Winner notification was sent, or fails to timely return a completed and executed declaration and release (as required and to the extent permitted by law), the prize may be forfeited (without any compensation being due to the “forfeited” Winner) and an alternate Winner selected within 7 days, following the above procedure, If the prize is not claimed within 7 days, additional drawings following the same process will take place, until all prizes are awarded. Receipt of the Prize offered in this Sweepstakes by the Winner is conditioned upon Winner’s compliance with any and all applicable laws and regulations. Any violation of these Rules by the Winner may result in the Winner’s disqualification as Winner, and all privileges as Winner may be immediately terminated.
7. Termination, Modification, and Disqualification: The Sponsor may cancel, terminate, modify or suspend the Sweepstakes in the event any virus, bug, non-authorized human intervention, fraud, or other cause or unforeseen event beyond the Sponsor’s control may corrupt or impair the administration, security, fairness, or proper conduct of the Sweepstakes. In such cases, if Sponsor does not terminate or cancel the Sweepstakes, Sponsor may select Winners from eligible Entries received before and/or after the action taken by the Sponsor, if appropriate. Any attempt by an Entrant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages to the fullest extent permitted by law. Failure to comply with these Rules may result in permanent disqualification from all Sponsor Sweepstakes.
III. RIGHTS AND LIMITATIONS
1. Use of Entry Content/Rights Granted by the Entrant/IP Rights: You may provide optional user content or other intellectual property in connection with your entry into this Sweepstakes (e.g., photo, video, text, etc.) (“Entry Content”), or your consent to the use of your name, portrait, picture, voice, likeness, image, or other personal data (“Personal Data”) for promotional purposes in connection with your entry into the Sweepstakes or as a Winner. You agree that, as between Entrant and Sponsor, the Sponsor and anyone acting on behalf of the Sponsor or its respective licensees, successors, and assigns, shall have the (non-exclusive) right, where permitted by law, to copy, print, publish, broadcast, distribute, and use (including in a derivative form) in any media now known or hereafter developed, (subject to any rights of objection under applicable law) in perpetuity and throughout the World, without limitation, your Entry Content and any Personal Data therein, and, to the extent entered by you statements about the Sweepstakes for news, publicity, information, trade, advertising, public relations, and promotional purposes, in each case only in relation to the Sponsor’s products or services and, as regards your Personal Data, only in relation to your entry into the Sweepstakes or as a Winner or in accordance with your express prior consent, without any further compensation, notice, review, or consent, to the maximum extent permitted by law. Your statutory rights remain unaffected, and you may withdraw your consent to our use of Personal Data at any time. The foregoing rights are subject to any limitations to your consent to the processing of your Personal Data. By providing any Entry Content, you represent and warrant that any Entry Content is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights, and does not violate any applicable laws. If any Entry Content infringes upon the intellectual property or privacy rights of another, is unlawful, or otherwise in violation of these Rules you or your Entry may be disqualified. If the Entry Content is claimed to constitute infringement of any personal, proprietary or intellectual proprietary rights of any third party, or violates applicable law, you shall, at your sole expense, defend or settle such claims in accordance with applicable law. In accordance with applicable law, You shall indemnify, defend, and hold harmless Sponsor, and its employees, directors, officers, agents, suppliers, subcontractors, advertising and promotion agencies, partners, representatives, and each of their respective successors and assigns (“Sponsor Parties”) from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which the Sponsor Parties may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
2. Waivers and Liability Limits:
2.1 The Sponsor and any of its affiliates and collaborators in the context of the Sweepstakes shall not be liable for (i) electronic or human error in the administration of the Sweepstakes or the processing of entries, or any interference by a third party outside the control of Sponsor; (ii) technical errors of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) printing errors; (v) lost, late, postage due, misdirected, or undeliverable mail.
2.2 By entering the Sweepstakes you agree that the Sponsor Parties shall not be liable for any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not (excluding the gross negligence or willful acts of Sponsor), from Entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any Prize or any portion thereof. You further agree that any Sponsor Parties’ liability arising from or relating to Entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any Prize or any portion thereof shall not exceed the Prize value. The foregoing limitations and waivers shall be enforceable solely to the extent permitted by applicable law. If applicable law does not allow such limitation or waiver, the foregoing shall not apply.
2.3 Sections III.2.1 and Section III.2.2 of the Rules notwithstanding, nothing in these Rules shall exclude or limit the Sponsor’s liability for death or personal injury caused by its negligence or for its own fraud.
3.1 If you are not acting as a consumer (but for a purpose which can be regarded as being within your trade or profession (a business person or party)), the following sentences apply: This Sweepstakes is governed by the laws of the Czech Republic, without respect to conflict of law doctrines. By participating in this Sweepstakes, you agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in the Czech Republic having jurisdiction. Further, in any such dispute, under no circumstances shall you be permitted to obtain awards for, and hereby waive all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than actual out-of-pocket expenses (i.e. costs associated with entering the Sweepstakes). You further waives all rights to have damages multiplied or increased. The prize draw as such and any evaluation of entries is not subject to review by the courts.
4. Winners List: To request a copy of the Winners list please contact the Sponsor at [email protected]. Requests must be sent within four (4) weeks of the end of the Entry Period. Please note that this list will only contain first name, last initial, (if available) and city or generalized geographical location (e.g., region). Sponsor may further limit disclosure of personal data or other Winner information as required by applicable law.
5. Third Parties. The Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter, Instagram, Snapchat, YouTube, Reddit, Pinterest, LinkedIn or any other social networks or third party services used or accessed in connection with the Sweepstakes. You understand that you are providing your information to the Sponsor, and we do not share information with Facebook, Twitter, Instagram, Snapchat, YouTube, Reddit, Pinterest, LinkedIn or any other social networks. We may share information with service providers or other providing services on our behalf, subject to compliance with applicable law.
IV. DATA PROTECTION NOTICE:
2. Data Processed. The personal data collected as part of your Sweepstakes participation comprise primarily the following data categories: name, email address, device/network information (such as IP address) and any other personal data you provide as part of your Entry or within Entry Content (e.g. name, portrait, picture, voice, likeness, image, or other personal data).
3. Use/purposes and Lawful Basis.
- Necessity of Contract. We generally use your personal data as necessary to operate and carry out the Sweepstakes and this Agreement. For example, we may use Your personal data to perform the prize draw, and to notify Winners as described in the Sweepstakes entry pages and/or these Rules.
- Sponsor’s Legitimate Interests. We may also process personal data in accordance with our legitimate interests, such as to verify your eligibility for the Sweepstakes, or to detect fraud, or other violations of the Rules.
- Consent. To the extent you have given your consent, we also may send you commercial communications concerning our product or service offers (marketing updates), or to make public announcements about Winners. Furthermore, we may use your personal data to the extent that would be necessary to use the contents of your entry as agreed by you and described in the Sweepstakes entry pages and/or these Rules.