Lewis Hamilton Custom Bose QC35 II Competition

Official Terms and Conditions for the Lewis Hamilton Bose Custom QC35 II Headphones Competition – Project Forty Four Limited (“Prize Draw”)  

These Prize Draw terms and conditions on this page (“Terms”), together with our privacy policy (“Privacy Policy”) apply to your participation in the Prize Draw via Instagram, Facebook and/or Twitter. 

The promoter of the Prize Draw is Project Forty Four Limited (“we”, “us”, “our” or “Promoter”), a company registered in England and Wales with company number 09310466 whose registered office is at The Ring, Third Floor, 72 Blackfriars Road, London, SE1 8HA.

Please read these Terms carefully as 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   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.

1. Prize Draw Eligibility and Entry Criteria

1.1 This Prize Draw is only open to persons over the age of 13, 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.

1.3 Employees, officers, contractors, consultants and other personnel of Promoter, its parent companies, subsidiaries, affiliates, partners, any sponsor or prize giver and/or any other person 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.

1.5 The Prize Draw shall begin on 20 November 2018 at 18:45 (GMT) and end on 26 November 2018 at 19:00 (GMT) (“Promotion Period”).

1.6 The Promoter has the right to disqualify any entry which it reasonably believes has not been submitted or not submitted in accordance with these Prize Draw Terms.

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 Bose Instagram account (@Bose) (the “Bose Account”); ‘liking’ (from your public Instagram account) the post relating to the Prize Draw made from the official Lewis Hamilton Instagram account (@lewishamilton) (the “LH Account) (the “Prize Draw Post”); and (iii) posting (from your public Instagram account) a comment on the Prize Draw Post which states your favourite track of the year so far and includes the hashtag ‘#LH44Bose’.

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 28 November 2018, 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. If the Entrant would like to obtain a list of Winners, please write to the Promoter with a request for a list naming the specific competition. 

4. Prize

4.1 Each Winner shall win one (1) Bose Custom Designed QC35 II® 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. Liability

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 (for loss, damage, personal injury or death) arising from taking up the Prize and/or 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. The Promoter does not accept any responsibility for any material in your Prize Draw entry that is defamatory, which infringes the intellectual property rights of any third party or that is otherwise unlawful.  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, will be disqualified and will not be counted.

5.3 Nothing in these Prize Draw Terms 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.

6. General

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 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;

6.2.2 has conducted themselves in an inappropriate manner contrary to the spirit and intention of the Prize Draw or has used hashtag topics in his/her Prize Draw entry that are misleading, irrelevant or that in our reasonable opinion could damage the reputation and goodwill of the Prize Draw, the Promotor, Lewis Hamilton or its brands; 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 from time to time, at its discretion without prior notice. Any changes will be posted via the @lewishamilton Instagram account.

6.6 As a result of Entrant’s participation in the Prize Draw, the Promoter will use personal information about the Entrant for the purpose of administering the Prize Draw in accordance with the terms of the privacy policy which can be found at: http://www.lewishamilton.com/terms-and-conditions/#privacy (the “Privacy Policy”). In addition, Promoter shall transfer Entrant’s personal data to Bose Corporation of The Mountain, Framingham, MA 01701, USA and any of its parent companies, subsidiaries, affiliates, partners and contractors solely for the purpose of facilitating delivery of the Prize.  Entrant has a right to access his/her personal data held by Promoter or to request that Promoter cease to use such data.  Any request for this should be made in writing to The Ring, Third Floor, 72 Blackfriars Road, London, SE1 8HA.   Any other personal and other data relating to entrants will be retained by us for a reasonable period of time after the Prize Draw closes to assist us to operate competitions in a consistent manner and to deal with any queries on the Prize Draw. 

6.7 The Entrant hereby acknowledges that his/her personal data may be transferred and processed outside of the European Economic Area as a result of entering this Prize Draw and that such transfer and processing is necessary for the conclusion or performance of the Prize Draw,

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.

6.9 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.

6.10 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.

6.11 The Entrant shall at all times comply with these Terms and Instagram’s, Facebook’s or Twitter’s terms and conditions of use as published from time to time, currently located at www.twitter.com, www.facebook.com, and www.instagram.com.

6.12 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.

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