Official Terms and Conditions for Bose 700 Noise Cancelling Headphones Social media prize draw – Project Forty Four Limited (“Prize Draw”)
The promoter of the Prize Draw is Project Forty Four Limited, a company registered in England and Wales with company number 02038928592 whose registered office is at 72 Blackfriars Road, London SE1 8HA. (“Promoter”)
By entering this Prize Draw in accordance with the terms of clause 2 below, you (“Entrant”) will be deemed to have accepted and be bound by these terms and conditions (“Prize Draw Terms and Conditions”) which shall constitute a legally binding agreement between you and the Promoter.
There is no purchase or payment necessary to enter or win this Prize Draw.
This Prize Draw is in no way sponsored, endorsed, administered by or associated with Instagram, Facebook, Twitter or any other social media channel. All questions and comments should be directed to the Promoter, not to Instagram, Facebook, Twitter or any other social media channel.
If you enter the competition on Instagram, Facebook and/or Twitter, your personal data may be collected directly from you (e.g. IP address and cookie ID) by them and used for their purposes. This can also occur in the USA. We are not responsible for Instagram, Twitter and/or Facebook’s use of your personal data. To find out more about the processing activities, operations, retention periods and processing purposes, please see here: https://help.instagram.com/402411646841720, https://www.facebook.com/policy.php and https://help.twitter.com/en/rules-and-policies/twitter-rules.
1. Prize Draw Eligibility and Entry Criteria
1.1 This Prize Draw is open to persons of all ages based in any jurisdiction worldwide. The Entrant warrants that their entry shall not breach or render the Promoter in breach of any applicable law in the country in which the Entrant normally resides and/or has entered from.
1.2 The Promoter reserves the right to ask for proof of age and verify the identity of the Entrant and eligibility to enter, and you agree to provide the Promoter will all information reasonably requested for that purpose. The Prize (defined below) may be withheld subject to verification of eligibility of the Winner. If you are under the age of 18, before entering the Prize Draw please check with your parent or guardian that you are able to accept the Prize if you are selected as the Winner. The Promoter will verify this with your parent or guardian and your entry will not be valid if your parent or guardian does not verify with us that you are able to accept the Prize.
1.3 Employees, officers, contractors, consultants and other personnel of Promoter, its parent companies, subsidiaries, affiliates, partners, any sponsor or prize giver and/or are anyway linked to the Prize Draw (other than by virtue of being an entrant) will not be eligible to enter the Prize Draw.
1.4 The Entrant is only limited to one entry to the Prize Draw. If you are found to be using multiple accounts to enter into the Prize Draw your entry/entries will be ineligible.
1.5 The Prize Draw shall begin on 6 December 2019 at 13:00 (GMT) and end on 12 December 2019 at 23:59 (GMT) (“Promotion Period”).
1.6 The Promoter has the right to disqualify any entry which it reasonably believes has not been submitted in accordance with these Prize Draw Terms and Conditions.
2. How to enter the Prize Draw
2.1 During the Promotion Period, you can enter the Prize Draw by: (i) ‘following’ (via your public Instagram account) the official Lewis Hamilton Instagram account (@lewishamilton) (the “LH Account”) and the official Bose Instagram account (@Bose); (ii) ‘liking’ (from your public Instagram account) the post relating to the Prize Draw made from the LH Account (the “Prize Draw Post”); and (iii) posting (from your public Instagram account) a comment on the Prize Draw Post saying which country or city in the world you would like to use the headphones.
3. Winner selection
3.1 Following expiry of the Promotion Period, five (5) winners shall be selected at random by the Promoter from all valid and eligible entries. Each Winner (as defined below) will win the Prize (as defined below).
3.2 The Promoter, following the end of the Promotion Period but no later than 23:59 (GMT) on 20 December 2019 shall notify the Entrant if he/she has been chosen to be a winner of the Prize Draw by a private message to the public Instagram account the Entrant used to enter the Prize Draw.
3.3 Subject to clause 3.4, the Entrant will have 28 days, from the date upon which they are notified by the Promoter that they have won the Prize Draw, to claim the Prize by responding to the Promoter’s private message and confirming their full name, contact phone number and address (and any other details that the Promoter, at its sole discretion, may reasonably request), in which case the Entrant shall be deemed a “Winner”.
3.4 If the Entrant does not or is not able, for any reason, to claim or accept the Prize by the relevant deadline set out in clause 3.3, or cannot be contacted within 28 days of notification in accordance with clause 3.3, the Promoter reserves the right to choose an alternative winner of the Prize Draw and the Entrant shall be deemed to have immediately waived all claims he/she may have against the Promoter in respect of the Prize Draw.
4.1 Each Winner shall win one (1) pair of Bose 700 Noise Cancelling Headphones (the “Prize”) and the Promoter shall procure that the manufacturer of the Prize shall send it directly to each Winner to the address provided to the Promoter by each Winner pursuant to clause 3.3.
4.2 The Promoter reserves the right to substitute the Prize for a prize or prizes of equivalent or greater monetary value if this is necessary for reasons beyond its control.
4.3 There is no cash alternative to the Prize and unless agreed otherwise in writing by the Promoter, the Prize is non-refundable, non-transferable and cannot be sold or given away by a Winner prior to completion of delivery.
5.1 So far as is permitted by law and subject to clause 5.3, the Promoter and its associated
companies and agents exclude responsibility and all liabilities arising from any postponement or cancellation of the Prize Draw.
5.2 The Promoter does not accept responsibility for network, computer, hardware or software failures of any kind (including unavailability of email providers or any social network), which may restrict or delay the sending, receipt or processing of the Entrant’s entry or for entries which are lost, damaged, delayed or unreadable except as a result of the Promoter’s negligence. Entries must not be sent in through agents or third parties. Incomplete entries, and entries which do not satisfy the requirements of these Prize Draw Terms and Conditions, will be disqualified and will not be counted.
5.3 Nothing in these Prize Draw Terms and Conditions in any way limit the Promoter (or any other person or organisation’s) liability for (i) fraud, (ii) death or personal injury caused by negligence or (iii) under any mandatory consumer protection law in the jurisdiction of the Entrant.
6.1 The Promoter’s decisions relating to the Prize Draw shall be final and binding in all respects and no correspondence relating to the same will be entered into with the Entrant. Entries that do not comply in full with these Prize Draw Terms and Conditions will be disqualified.
6.2 The Entrant will be disqualified if, in the reasonable opinion of the Promoter, the Entrant:
6.2.1 has breached these Prize Draw Terms and Conditions;
6.2.2 has conducted themselves in an inappropriate manner contrary to the spirit and intention of the Prize Draw; and/or
6.2.3 have committed or undertaken any acts for fraud, misconduct, dishonesty and/or provided false information.
6.3 If the Promoter has grounds to suspect the Entrant or any third party of cheating, deception or fraudulent or unsportsman-like conduct of any kind (including, without limitation, manipulating the Prize Draw, choice of prize winner(s) or any entry) the Promoter reserves the right (in its sole discretion) to disqualify the Entrant, entry or person it reasonably believes to be responsible for, or associated with, such activity.
6.4 You agree that, in the event that you are a Winner, you shall execute (within a reasonable timeframe) such additional obligations and/or documentation as may be specified by the Promoter in relation to the Prize.
6.5 The Promoter may add to, amend or vary these Prize Draw Terms and Conditions from time to time, at its discretion without prior notice. Any changes will be posted via the @lewishamilton Instagram account.
6.7 The Entrant hereby acknowledges that their data may be processed outside of the European Economic Area and, by entering this Prize Draw, consents to this.
6.8 The Entrant agrees to keep confidential any information that is given to him/her about the Promoter and or its partners as result of this Prize Draw.
The Entrant agrees that he/she shall not publicise that they have won the Prize and/or give any interviews without the Promoter’s prior written consent.
If any provision of these Prize Draw Terms and Conditions is held invalid by any rule of law, rule, order or regulation, or by any court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions not held to be invalid.
6.11 Subject to applicable law, the Entrant grants the Promoter the right to use and publish their name, likeness, photograph and/or any statements made by them in connection with the Prize Draw for promotional and advertising purposes without additional compensation and/or notification.
6.12 Without prejudice to the operation of any applicable mandatory laws in the relevant jurisdiction of the Entrant, this Prize Draw and the Prize Draw Terms and Conditions shall be governed by and construed in accordance with English law. Any dispute or claim arising out of or in connection with this Prize Draw and the Prize Draw Terms and Conditions (including all non-contractual disputes or claims), shall be subject to the exclusive jurisdiction of the courts of England and Wales and by entering this Prize Draw the Entrant irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction.