Competition terms
1. ABOUT OUR COMPETITIONS
1.1 We may run various competitions from time to time on our Website.
1.2 All competitions shall be subject to the terms and conditions set out in these competition terms and conditions ('Competition Terms') unless expressly stated otherwise in the marketing associated with the relevant competition (for example, in the competition e-mail and/or on the relevant page on the Website ('Competition Materials')).
2. ABOUT US
2.1 We, Associated Weavers nv (owner of the Invictus brand) shall be the promoter of any competition unless stated otherwise in the Competition Materials.
2.2 Our details are: Associated Weavers, a company registered in Belgium whose registered office is at Weverijstraat 1, 9600 Ronse, Belgium.
3. OTHER TERMS THAT MAY APPLY
We may also supply additional terms that are specific to a competition, in the Competition Materials or otherwise, in which case those additional terms shall be deemed incorporated into these Competition Terms. We reserve the right to amend the Competition Terms.
4. ELIGIBILITY
4.1 Each entrant shall be notified of the Competition Terms at the point of entering a competition and a copy of any specific terms shall be made available on the Website or on request to us throughout the competition period. By entering the competition, entrants will be deemed to have read and understood these Competition Terms and be unconditionally bound by and comply with them.
4.2 Competitions shall not be open to any person who is:
- a director or an employee of any of Associated Weavers companies;
- an employee of an agent or supplier of any of Associated Weavers companies or any other person who is directly connected with the organisation of any particular competition; or
- an immediate family member or household member of any persons identified in this section 4.2.
4.3 All competitions are open to the UK and EU countries, unless mentioned otherwise.
4.4 All entrants must be aged 18 or over unless any other age restriction is specified in relation to the specific competition (for example in the Competition Materials). Where the specific competition allows an entrant under 18 years of age to enter, entrants must obtain permission in advance from their parent or guardian. We reserve the right to request proof of age and/or proof of permission (as applicable) before awarding any prize.
5. HOW TO ENTER
5.1 The full details of the entry process for each competition (including any limits on the number of entries) shall be set out in the information provided at the point of entry (for example, in the Competition Materials). There is no purchase necessary and no charge to enter. Entrants are responsible for their costs to access computer networks (including standard data or communication changes for access to the Website if required).
5.2 All entries must be received by the closing date specified in the information provided to entrants for each specific competition (usually in the Competition Materials). If entrants are required to submit an answer to a question when entering a prize draw, entrants will be deemed to have entered upon submission of that answer. All entries received after the applicable closing date are automatically disqualified. No responsibility will be taken for any entry that is misdirected, lost for technical or other reasons or received after the closing date.
5.3 For some competitions, a social media account (such as a Facebook, Twitter or Instagram account) may be required for entry and the entrant may be required to show proof that the registration of their account occurred before the beginning of the competition. Entrants must be the owner of the account from which the entry is received. In the event of a dispute as to any registration or entry, the authorised account holder of the account used to enter will be deemed to be the entrant. The potential winner may be required to show proof of being the authorised account holder for the account. Unless otherwise specified, in the event that an entrant submits multiple entries in a single day via the same social media account, the first entry only shall be accepted. We reserve the right to disqualify any entrant using multiple social media accounts to obtain additional entries in breach of these Competition Terms.
5.4 We reserve the right to remove any offensive, infringing or inappropriate posts on our social media pages and elsewhere in connection with any competition and to exclude those responsible for such posts from any competition.
5.5 We will not accept entries that are: automatically generated by computer; completed by third parties; completed in bulk; incomplete; illegible; altered, reconstructed, forged or tampered with; or photocopies and not original. Entries made by any other individual or any entity, and/or originating at any other website or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified. We reserve the right to disqualify, without prior notice and without liability to any entrant, any entries to any competition which we consider in our sole discretion to have been submitted by improper technical means, in breach of these Competition Terms and/or which we believe to be or have been notified is fraudulent.
6. PRIZES
6.1 The full details of any prize that may be awarded as part of a competition will be set out in the information provided to potential entrants for that competition (for example, in the Competition Materials).
6.2 If for any reason an advertised prize is unavailable, we reserve the right at our absolute discretion to substitute an alternative prize of equivalent or greater value (including an equivalent cash prize).
6.3 For each competition, only one prize will be awarded per entrant / email address, and only one prize will be awarded per household. If we are notified or otherwise become aware that more than one prize has been awarded to the same entrant or entrants in the same household, we reserve the right to disqualify those entrants and select alternative winners in accordance with these Competition Terms.
6.4 Except as set out in these Competition Terms or otherwise specified in any applicable Competition Materials, there will be no cash or other alternative to the prize offered and prizes are not negotiable or transferable.
7. WINNER SELECTION AND NOTIFICATION
7.1 Winners shall be selected (a) for any prize draw, at random by a draw performed by a computer process or supervised by an independent adjudicator (as applicable), from all eligible entries received in accordance with these Competition Terms; or (b) for any skills competition (where you are required to submit content to us as part of the competition), by a judge or judging panel based on specific criteria. The full details of the winner selection process for each competition, including if applicable any relevant judging criteria, shall be set out in the information provided at the point of entry (for example, in the Competition Materials). All of our decisions and the decisions of any judge(s) shall be final and binding and no correspondence will be entered into regarding the outcome of any competition, except for with the winner(s).
7.2 We will make reasonable efforts to contact each winner within 28 days after the relevant selection process ('Winner Notification'). Please allow 28 days for delivery of all prizes from the date of the Winner Notification. We shall not be held responsible for any delays in awarding the prize arising from reasons outside of our control.
7.3 If a potential winner of a competition is unable to take up a prize for any reason or if the winner cannot be notified after reasonable efforts having been made then we reserve the right to select an alternative winner in accordance with the selection process outlined above without any liability to the potential winner.
7.4 The surname and counties of winners may be published on our Website and/or on our pages on Facebook, Twitter, Instagram or other social media platform. If you object to any or all of your surname or county being published or made available, please contact us via our Help Centre. We may nonetheless be required to share this information with third parties to comply with our regulatory obligations, including without limitation to the UK’s Advertising Standards Authority.
7.5 For skills competition, where winner(s) shall be selected by a judge or judging panel, we will also send the full names of the judge(s) on receipt of a request within 2 months of the closing date or shall publish the names on our Website and/or on our pages on Facebook, Twitter or other social media platform.
8. CLAIMING PRIZES
8.1 Any specific steps that must be taken by a potential winner to claim a prize will be set out in the applicable Competition Materials and in the Winner Notification.
8.2 For prizes involving travel:
- travel arrangements are the responsibility of prize winners unless otherwise stated (for example in the Competition Materials); and
- we reserve the right to require written permission from the parent or guardian of any winner who is under the age of 16 and to require such a winner to choose as a companion someone 18 or over.
We will not be responsible if any entrant is unable to redeem their prize due to failure to comply with the requirements set out here and in the applicable Competition Materials.
8.3 Competition prizes/tickets may be restricted to certain times of the year and unless otherwise stated all prizes must be taken within 6 months of the date of the competition drawing. Any competition-specific restrictions will be notified to entrants prior to entering the competition (for example, in the Competition Materials).
8.4 Some prizes may be supplied by third parties. Where prizes are to be provided by a third party, this will clearly be explained in the information provided to potential entrants and any potential winner will be required to complete all appropriate or applicable booking or other formalities direct with such third parties. To the extent permitted by applicable laws and regulations and subject to section 12 (Our responsibility for loss or damage suffered by you), we make no warranty or representation as to the quality, value, merchantability or fitness for purpose of any prizes supplied by third parties and assume no responsibility for the acts or omissions of any other persons or companies including any third party suppliers or non-performance by those suppliers or defects in the prizes. You should refer to the terms and conditions of any third party suppliers notified to you.
8.5 A prize cannot be exchanged, refunded or transferred. Except as set out in these Competition Terms, no cash alternative is available. A prize may not be claimed by a third party on a winner’s behalf. We do not accept any responsibility if a winner is not able to take up a prize for any reason whatsoever.
9. SUBMISSION OF CONTENT
9.1 You are solely responsible for any competition entry that you submit and its content. When you submit a competition entry (including any accompany materials), you confirm that your entry does not contain content:
- that may infringe the rights of other parties, including patents, copyrights, trade secrets, trademarks, a person's data protection rights, rights to privacy or publicity rights;
- that may depict or identify minors, their personal details, their address or ways to contact them;
- that is or appears to be of commercial nature, including advertisements, sponsorships, solicitations, endorsements and public relations material;
- that is false, inaccurate or misleading;
- that may include software viruses, spyware or any other malicious applications;
- that may encourage, support, assist, or advise in the commission of a criminal offence;
- whose publication is prohibited by any applicable law; or
- that may be threatening, abusive, harassing, defamatory, libellous, vulgar, discriminatory, violent, obscene or racially, ethnically or otherwise objectionable.
9.2 Where a competition requires you to submit, post or re-post content, you must not:
- violate any rules, guidelines or instructions that we may convey regarding the competition;
- interfere with or disrupt the operation of the competition;
- engage in any action that may adversely affect other entrants, or, where a judging panel has been appointed, manipulate the judgment or evaluation of competition entries;
- disparage us or harm our goodwill or reputation;
- breach the security of our Website or social media accounts/pages or any promotion systems used or identify any security vulnerabilities in them;
- impersonate any person or entity, or make any false statement pertaining to your identity; or
- engage in any activity that constitutes or encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law, including laws governing privacy, defamation, mass email, spam, export control, consumer protection, unfair competition and false advertising.
9.3 We reserve the right to remove any offensive, infringing or inappropriate posts published on our social media pages and/or published in connection with any competition, and to exclude those responsible for such posts from the competition and/or any future competitions.
9.4 Any post required for or related to a competition on social media that you publish on or through your Facebook, Instagram or Twitter account must include:
- the following hashtags: #ad (which must be placed prominently at the beginning of the post); and
- where the promotion requires entrants to share or re-tweet our posts, any links contained in the original social media post published by us (for the avoidance of doubt including a link to these Competition Terms) and any hashtags included in that post.
9.5 When you submit an entry through your social media account, you confirm that all tags associated with the content are accurate.
9.6 Any entrant that does not tag their post in accordance with these Competition Terms shall be automatically disqualified, and their entry shall be deemed to be invalid.
10. OWNERSHIP OF ENTRIES AND INTELLECTUAL PROPERTY RIGHTS
10.1 All entries (including any accompanying materials) submitted will become our intellectual property on receipt. You hereby grant ownership to us and waive any and all moral or related rights that you may have in any entry. You agree not to provide any entry in which any third party has any intellectual property, moral or related rights in the entry without procuring a transfer or waiver of those third party rights.
10.2 You agree that we may, but that we are not required to, make your entry (including accompanying materials) available on our Website, our social media pages, and any other media, whether now known or invented in the future, and in connection with any publicity of any competition.
10.3 You agree to grant to us a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights and moral rights in the entry and any accompanying materials which you are unable to assign, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the entry and any accompanying materials for such purposes.
10.4 You agree to execute any such documents and perform such acts as may be required or as deemed necessary by us for the purpose of giving full effect to this section.
11. SOCIAL MEDIA DISCLAIMER
11.1 The competitions are in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter and/or Instagram.
11.2 Facebook, Twitter and/or Instagram are hereby fully released (by us and by you) from all liability that may arise from any matter related to any competition, and Facebook, Twitter and/or Instagram may not be held liable for any claim arising from your participation in any competition or taking up a prize.
11.3 You acknowledge that, by your actions in re-tweeting or reposting any post, that your post shall be publicly visible, and you agree that the post may be shared by third parties in various social media outlets and that we and/or Facebook / Twitter / Instagram (as applicable) is not responsible for any reposting or other use of its posts by third parties.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes death or personal injury caused by our negligence (including that of our employees or sub-contractors) or for fraud or fraudulent misrepresentation.
12.2 If we fail to comply with these Competition Terms, we shall only be liable to you for losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the contract is created.
12.3 We will not be liable for or accept any responsibility for:
- any failure by the winner or any entrant to comply with these Competition Terms;
- any disruption, delay or misdirection of entries;
- any server, system or network failures, malfunctioning or inaccessibility.
Entrant’s sole remedy is another entry in the competition, if possible.
13. WE MAY TRANSFER THESE TERMS TO SOMEONE ELSE
We may transfer our rights and obligations under these Competition Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Competition Terms.
14. YOU MAY ONLY TRANSFER THESE TERMS AND CONDITIONS IF WE AGREE
You may only transfer your obligations and rights under these Competition Terms if we agree in writing.
15. NOBODY ELSE HAS RIGHTS UNDER THESE TERMS
Only you and us are entitled to enforce these Competition Terms. Nothing in these Competition Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against us and such third parties shall not be entitled to enforce any term of these Competition Terms against us.
16. INVALID PARTS OF THESE TERMS
If any part of the Competition Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Competition Terms and shall not affect the validity and enforceability of any remaining provisions of the Competition Terms.
17. EVEN IF WE DELAY IN ENFORCING THESE TERMS, WE CAN STILL ENFORCE THEM LATER
Any delay or failure by us in exercising, or any waiver by us of, our rights under or in connection with these Competition Terms will not limit or restrict the future exercise or enforceability of those rights.
18. WHAT COUNTRY’S LAW APPLIES TO ANY DISPUTE?
For each competition, the Competition Terms and any dispute arising therefrom shall be governed by Belgian law and the parties submit to the non-exclusive jurisdiction of the Belgian courts. This choice of law does not deprive you of any mandatory protection afforded to you under the laws of any other country in which you reside, and this choice of jurisdiction shall not limit your right to bring proceedings in any other court of competent jurisdiction, including any other country in which you reside (if and to the extent permitted by applicable law).