Official Terms and Conditions for the #LH44Design helmet design competition – 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 09310466 whose registered office is at Mappin House, 1st Floor, 4 Winsley Street, London W1W 8HF and whose correspondence address is Lion House, Red Lion Street, London WC1R 4GB (“Promoter”)
By entering this Prize Draw in accordance with the terms of clause 2 below, you (the “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 endorsed by Instagram, Facebook, Twitter or any other social media channel.
For the purposes of these Prize Draw Terms and Conditions, “Intellectual Property Rights” shall mean: patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
1.1 This Prize Draw is only open to persons aged 18 years or over. 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.
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 not limited to the number of entries to the Prize Draw that he/she may make.
1.5 The Prize Draw shall begin on 26 January 2017 at 17:00 and end on 6 February at 12:00 (“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 posting an original helmet design that you have created and would like to see incorporated on Lewis Hamilton’s 2017 Mercedes AMG PETRONAS racing helmet (“Design”) on your public Instagram account with the hashtag #LH44Design in the copy for the post.
2.2 A Prize Draw entry will only be valid if the Design is submitted on the official helmet design template (the “Template”), details of which shall be provided on a post by the @lewishamilton Instagram account at the start of the Promotion Period.
3. Intellectual Property Rights
3.1 The Promoter hereby grants (or shall procure the grant) to the Entrant a non-exclusive, royalty free licence during the Promotion Period to use the Intellectual Property Rights in the Template solely for the purpose of submitting entries to the Prize Draw in accordance with clause 2. The Entrant hereby acknowledges and agrees that all Intellectual Property Rights in the Template shall at all times remain the property of the Promoter and/or its licensors.
3.2 Subject to clause 5.8, the Entrant hereby grants to the Promoter an exclusive, royalty-free, perpetual licence to use and, without limitation, adapt and modify the Intellectual Property Rights in his/her Design (the “Design Rights”) for the purposes of deciding the winner of the Prize Draw and for use in any promotion whatsoever of the Prize Draw carried out by the Promoter and the Promoter shall have the right to grant any person a sub-licence of such rights without the prior consent of the Entrant.
3.3 The Entrant hereby warrants that.
3.3.1 he/she has full power and authority to enter into this agreement;
3.3.2 the Design Rights are his/her original works, and have not been copied wholly or substantially from any other source, and that the use by the Promoter of such rights will not infringe the rights of any third party;
3.3.3 he/she is the sole legal and beneficial owner of the Design Rights, free from encumbrances and all other rights exercisable by third parties;
3.3.4 he/she has not licensed or assigned the Design Rights to any third party in any part of the world;
3.3.5 the Design Rights contain nothing that is libellous, defamatory or indecent and do not infringe the statutory or common law rights of any third parties;
3.3.6 so far as he/she is aware, exploitation of the Design Rights will not infringe the rights of any third party;
3.3.7 the Design Rights are free from any security interest, option, mortgage, charge or lien; and
3.3.8 he/she is unaware of any infringement or likely infringement of any of the Design Rights. So far as he/she is aware, all the Design Rights are valid and subsisting and there are and have been no claims, challenges, disputes or proceedings, pending or threatened, in relation to the ownership in, validity or use of any of the Design Rights.
3.4 The Entrant shall indemnify and hold harmless the Promoter and any party to whom the Promoter sub-licences the Design Rights (the “Indemnified Parties”) against all and any loss, damages or costs sustained by the Indemnified Parties arising out of any breach by the Entrant of any of his/her warranties under these Prize Draw Terms and Conditions and, at the request of the Indemnified Party, he/she shall provide all reasonable assistance to enable the Indemnified Party to resist any claim, action or proceedings brought against the Indemnified Party as a consequence of that breach.
4. Winner selection.
4.1 Following expiry of the Promotion Period, one (1) winner of the Prize Draw shall be selected from all valid and eligible entries. The winner of the Prize Draw shall be the entrant who submits a Design that the Promoter, in its sole discretion, interprets to be the most stylish, inspiring, iconic and eye-catching.
4.2 The Promoter shall notify the Entrant if he/she has been chosen to be the winner of the Prize Draw by a private message to the Instagram account the Entrant used to enter the Prize Draw on or before February 6th 2017.
4.3 Subject to clause 4.4, 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 (as defined below) 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 the “Winner”.
4.4 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 4.3, or cannot be contacted within 28 days of notification in accordance with clause 4.3, 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.
5.1 The Winner shall win the following prize (the “Prize”):
5.1.1 one (1) full-size replica 2017 Lewis Hamilton Mercedes AMG PETRONAS Racing Helmet signed by Lewis Hamilton (the “Helmet”) which, to a certain extent, at the Promoter’s sole discretion, shall incorporate the Winner’s Design; and
5.1.2 the chance for the Winner and one (1) eligible guest to meet Lewis Hamilton at a location and time to be confirmed by the Promoter to be presented with the Helmet. The Promoter shall cover the costs of all reasonable travel expenses of the Winner and their eligible guest, provided that:
126.96.36.199 if flights are required, they shall be economy class, the Winner and their guest must travel on the same flights and the Promoter shall have absolute discretion regarding the selection and booking of the flights; and
188.8.131.52 if hotel accommodation is required, the Promoter shall have absolute discretion regarding the selection of the hotel.
5.2 The Winner’s guest must fulfil the same eligibility criteria set out in clause 1.1.
5.3 Third party terms and conditions may apply to parts of the Prize where applicable, including the terms of entry to any track or racing event, the terms and conditions of the airline(s), travel agency and other transportation providers and the accommodation provider. The Promoter will not be responsible for any failure to comply with such terms and conditions by the Winner or their guest. In particular, the Winner and their guest shall comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements.
5.4 The Winner and their guest will be responsible for meeting any visa requirements, inoculation and health regulations and must obtain adequate travel and/or medical insurance.
5.5 The Winner (and their guest) may be required to sign such additional documentation as the Promoter may reasonably require to effect the provision of the Prize to the Winner (and their guest) including, but not limited to, a confidentiality agreement.
5.6 The Promoter reserves the right, at its sole discretion, to suspend or cancel the provision of the Prize to the Winner and their guest due to noncompliance with any security procedure or any inappropriate behaviour or misconduct which, in the sole opinion of the Promoter, brings the Promoter’s reputation into disrepute. In such case, the Promoter will not be responsible for any costs associated with returning the Winner and their guest back to their residence(s) or any other expense.
5.7 There is no cash alternative to the Prize.
5.8 In consideration of his/her rights to the Prize, the Winner hereby assigns to the Promoter absolutely with full title guarantee all of his/her right, title and interest in and to his/her Design Rights, including the right to bring, make, oppose, defend, appeal proceedings, claims or actions and obtain relief (and to retain any damages recovered) in respect of any infringement, or any other cause of action arising from ownership of the Design Rights whether occurring before, on, or after the date of these Prize Draw Terms and Conditions. For the avoidance of doubt, the Winner acknowledges and accepts that the Promoter has the right to incorporate the Design Rights in any replica 2017 Lewis Hamilton Mercedes AMG PETRONAS Racing Helmet which may be offered for retail sale in any territory worldwide.
5.9 The Winner undertakes, at the request of the Promoter, to bring into effect or do all acts and execute all documents which may be necessary to confirm the title of the Promoter to the Design Rights or to enable the Promoter to protect, perfect, enforce or enjoy the Design Rights.
5.10 The Winner hereby waives in favour of the Promoter and all of its assignees and successors in title all moral rights in the Design Rights (i.e. the right to be identified as its author and object to its derogatory treatment) to which the Winner may be entitled under the Copyright, Designs and Patents Act 1998 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.
6.1 So far as is permitted by law and subject to clause 6.3, the Promoter and its associated companies and agents exclude responsibility and all liabilities arising from:
6.1.1 any postponement or cancellation of the Prize Draw;
6.1.2 any changes to, supply of (including, without limitation, if the Prize does not reach the Winner), or use of the Prize;
6.1.3 entries that are submitted from jurisdictions in which this Prize Draw is rendered unlawful; and
6.1.4 any act or default of any third party supplier which is beyond the Promoter’s reasonable control.
6.2 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.
6.3 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, or (ii) death or personal injury caused by negligence.
7.1 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.
7.2 The Entrant will be disqualified if, in the reasonable opinion of the Promoter, the Entrant.
7.2.1 has breached these Prize Draw Terms and Conditions;
7.2.2 has conducted themselves in an inappropriate manner contrary to the spirit and intention of the Prize Draw; and/or
7.2.3 have committed or undertaken any acts for fraud, misconduct, dishonesty and/or provided false information.
7.3 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.
7.4 You agree that, in the event that you are the 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.
7.5 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.
7.7 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.
7.8 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.
7.9 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.
7.10 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.
7.11 The Promoter shall be entitled to assign or license all the rights granted to it under these Prize Draw Terms and Conditions to any third party without notice to the Entrant. The Entrant shall not be entitled to assign or sub-license any of his/her rights under these Prize Draw Terms and Conditions.
7.12 This Prize Draw and any dispute or claim arising out of or in connection with it (including all non-contractual disputes), shall be governed by and construed in accordance
with English law. By entering this Prize Draw the Entrant irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction.