EMOTICATS PHOTO BOOTH GAME RULES
1. In these Game Rules the following definitions are used:-
- "Closing Date" means 24 October 2016;
- "Entrant" means a person taking part in the Promotion;
- "Opening Date" means 3 October 2016;
- "Prize" means one of the following items per Winner: one pair of each of Cheeky Kitty, Flirty Kitty and LOL Kitty;
- "Promoter" means the promoter specified in Game Rule 2 below;
- "Promotion" means the "Emoticats" promotion featured on the Website;
- "Website" means the "Emoticats Photo Booth" pop up window, on which the Promotion can be found, on the website www.charlotteolympia.com/collections/%23emoticats/ or www.charlotteolympia.uk/emoticats, where the code is hosted.
- "Winner" means any winner under the Promotion, as determined in accordance with these Game Rules.
2. References in these Game Rules to any statute include any statute replacing or re-enacting that statute which may come into force from time to time, together with any rules or regulations made under any statute to which this Game Rule 1.2 applies.
3. References in these Game Rules to the masculine gender include a reference to the female gender.
4. References in these Game Rules to "persons" include individuals, partnerships, corporations and all other entities having separate legal personality.
2. THE PROMOTER
The Promoter is Three14 Limited, a company registered in England and Wales under registration number 05951209. The Promoter's address for correspondence is Unit 1C & 1D, Phoenix Brewery, 13 Bramley Road, London, W10 6SZ, United Kingdom. Alternatively, the Promoter may be contacted using the email address firstname.lastname@example.org.
3. ENTRY TO THE PROMOTION
3.1 Entry to the Promotion is open to individuals who at the time of entry are (i) aged 18 or over, and (ii) must be an individual person not a corporate or an entity, with the exception to employees, officers, shareholders or other personnel of the Promoter or of any of their parent, subsidiary or affiliated organisations.
3.2 To enter, Entrants must post a photo including the “Emoticats” features (generated from the Emoticats Photo Booth app on www.charlotteolympia.com/collections/%23emoticats/ or www.charlotteolympia.uk/emoticats on Instagram, Facebook or Twitter (together, “Social Media”) and tag the photo with #emoticats and #charlotteolympia.
3.3 Entry to the Promotion is only in strict accordance with the instructions set out on the Website. Any attempted entry by any other means shall automatically be deemed invalid.
3.4 The Promotion is open for entry at 1000 British Summer Time (BST) on the Opening Date and closes at 1159 BST on the Closing Date.
3.5 Entry to the Promotion is free. No purchase of any goods or services is required in order to enter, however Entrants will need an internet connection and access to Social Media. No refund may be claimed for expenses incurred in participating in the Promotion, including in relation to the use of the internet, browser or for failure for any reason to submit an entry.
3.6 Entrants may submit as many entries as they wish but no one individual person may win more than one prize.
3.7 The Promoter accepts no responsibility for any entries that are lost, damaged, delayed, incomplete, illegible, corrupted or fail to include #emoticats or #charlotteolympia or reach the Promoter after the Closing Date for any reason. Proof of sending is not proof of receipt. For example, as a result of network, system development, computer or telecommunications failures or fault of any kind - including any hardware, programming code, databases or software used in the Promotion.
3.8 Any purported entry to the Promotion which, in the opinion of the Promoter:
- 3.8.1 contains any inaccuracy;
- 3.8.2 is incomplete in any respect;
- 3.8.3 has been submitted by or on behalf of any person to whom entry to the Promotion is not open;
- 3.8.4 has not been submitted by the person named in the entry as the Participant;
- 3.8.5 does not comply in any other respect with these Game Rules or is not permitted under these Game Rules; or
- 3.8.6 is otherwise, in the Promoter's reasonable opinion, fraudulent, or likely to have been fraudulent,
shall automatically be deemed invalid, and the Promoter may refuse to supply a Prize to, or may reclaim a Prize from, any person whose entry to the Promotion is deemed to be invalid. In such an event, the Promoter shall be freely able to transfer the prize or withhold the Prize.
3.9 Joint or syndicated entries or entries via agents or third parties to the Promotion are not permitted.
3.10 Automated entries to the Promotion are not permitted.
4. WINNERS AND PRIZES
4.1 The Winners will be those Entrants whose entry to the Promotion results in being chosen by Charlotte Olympia as the most creative use of the “Emoticats” app to the Entrant’s photo as displayed on Social Media and the Prize shall be drawn at random.
4.2 The Winner shall be informed that he or she is a Winner and of the nature of the Prize by Social Media within 14 days of the Closing Date, whereby the Promoter shall tag the Winner’s username/handle and request that the Winner gets in touch with Charlotte Olympia Customer Care on +44 20 3598 2955 or at email@example.com. Each Winner will then need to provide his or her email address, contact phone number and home address as instructed and shall claim the Prize within 14 days after being notified. A Winner may win only one Prize.
4.3 If any Winner does not claim the Prize on or before 14 days of notification in Game Rule 4.2, he or she shall cease to be entitled to the Prize with immediate effect and shall be deemed never to have been entitled to the Prize. The Promoter shall then be freely able to transfer the Prize or withhold the Prize.
4.4 The Promoter may make available on request the names and their Prize.
4.5 No cash or other form of alternative prize may be requested by a Winner; however, the Promoter reserves the right to substitute a cash alternative for any Prize, or to substitute a Prize with a replacement prize of equal or greater value.
4.6 Prizes will be despatched at the Promoter's cost to the Winners (using the address details provided by the Winner upon an Entrant becomes a Winner and his or her address details are requested a set out in Game Rules 4.2) on or before 30 days after the Winner claims their Prize.
4.7 The Promoter reserves the right to require any Winner to provide documentary proof of identity or address satisfactory to the Promoter before his or her Prize is despatched.
4.8 The Winners agree to take part in reasonable post event publicity and to the use of their names and photographs in such publicity, without further reward. For example, being photographed for Website or Social Media and/or providing a short statement about their win.
5.1 By entering this competition each Entrant confirms that his/her entry is their wholly-owned creation and, to the extent that such entry makes use of any third party materials, that these have been fully cleared unless they are no longer protected by copyright or other intellectual property rights. Entrants will keep the Promoter harmless from any claims in relation to their entry that the entry infringes the personal or proprietary right of any other person. By submitting an entry, each Entrant grants to the Promoter a perpetual, royalty-free, non-exclusive licence to edit, publish, translate, modify, adapt, make available and distribute the entry throughout the world in any media now known or hereafter invented. Each Entrant undertakes to complete any necessary documentation to formalise the licence. If you do not want to grant us these rights, please do not submit materials to us.
5.2 Each Entrant also confirms that anyone depicted in an entry has given their permission for the inclusion of their image in the entry and the use of the entry including their image by the entrant and the Promoter.
5.3 The Promoter will use any data submitted by Entrants only for the purposes of running the competition, unless otherwise stated in the entry details. By entering this Promotion, all Entrants consent to the collecting, storing and use of their personal data by the Promoter.
5.4 The Promotion is provided on an "as is" basis. The Promoter gives no representation about availability of the Promotion. The Promoter accepts no liability for the failure or inability of any person to make a valid entry to the Promotion, whether as the result of any defect in, or any failure, malfunction or unavailability of, any computer equipment, software or system, or for any other reason of any kind.
5.5 In all matters in any way relating to the Promotion or the construction, interpretation, application or enforcement of these Game Rules, the decision of the Promoter shall in all circumstances be final, and no correspondence will be entered into.
5.6 The Promoter reserves the right in its absolute discretion, and without advance notice to any person, at any time and with immediate effect to:
- 5.6.1 cancel the Promotion;
- 5.6.2 suspend the Promotion until further notice; or
- 5.6.3 change the Opening Date, the Closing Date or the time for performance of any obligation, or for the occurrence of any event, as specified in these Game Rules (whether or not already previously changed).
5.7 The Promoter shall, if it exercises its rights under this Game Rule 5.3, publish details on the Website as soon as reasonably practicable.
5.8 This Promotion is in no way sponsored, endorsed or administered by or associated with Facebook, Instagram or Twitter. By entering into this Promotion, each Entrant acknowledges that all information and material that he or she submit to enter this Promotion is submitted to the Promoter and not Facebook, Instagram of Twitter. By participating in this Promotion, the Entrant agrees to a complete release of each of Facebook, Instagram and Twitter from any claims.
5.9 This Promotion is subject to each of Facebook’s (https://www.facebook.com/terms), Instagram’s (https://instagram.com/about/legal/terms/) and Twitter’s (https://twitter.com/tos?lang=en) respective terms of services.
5.10 Except to the extent that their respective liability cannot by law be excluded or limited, neither the Promoter nor any of its officers, employees or shareholders shall have any liability for any direct or indirect loss, injury or damage of any kind whatsoever suffered or incurred by any person, regardless of how the loss, injury or damage arose, and in any way arising in connection with the Promotion or any anything done or omitted to be done by any person in connection with or ancillary to the Promotion.
5.11 The Promotion and the construction and interpretation of these Game Rules shall be subject to English Law, and the Entrant and the Promoter submit to the exclusive jurisdiction of the English Courts.
5.12 By making a valid entry to the Promotion, the Entrant accepts each of these Game Rules and the Terms & Conditions, each in their entirety and without amendment.