Terms and Conditions for the Instagram The Athlete’s Foot Holiday giveaway (hereinafter “Terms and Conditions”)

Thank you for your interest in the TAF Holiday giveaway (hereinafter the “Giveaway”) organized by TAF Global Operations B.V. with its business address located at Van Diemenstraat 186, 1013 CP Amsterdam, The Netherlands, being part of TAF EMEA (hereinafter the “Organizing Company”, “We” or “Us”). Organizing Company is the owner of the Instagram account @theathletesfoot (hereinafter “Organizing Company’s Instagram account”) at the following address: https://www.instagram.com/theathletesfoot/, where Giveaway will be held on and will organize providing the prize to the winner.

 

Please read these Terms and Conditions carefully. They govern your participation in the Giveaway. By participating in the Giveaway, you unconditionally accept and agree to these Terms and Conditions and to terms of use of Instagram, available here: https://help.instagram.com/478745558852511.

 

Please note that the Giveaway is in no way sponsored, endorsed or administered by, or associated with, Instagram. By participating in the Giveaway, each Participant is completely releasing Instagram of any obligations or liability in relation to the Giveaway. Participants will provide information only to the Organizing Company and not to Instagram.

 

Running and fulfilment of the Giveaway is organized and held exclusively by the Organizing Company. Whilst the Holiday campaign features products from adidas, Nike, New Balance, Puma and Jordan, these brands are not organizers nor associated with the Giveaway.

 

Article 1

(Term)

The Giveaway phase one shall be held from 5 December 2022, [12:00pm] and will be live for 7 days, closing on 12 December 2022, [09:00am].

The Giveaway phase two shall be held from 12 December 2022 [12:00pm] and will be live for 7 days, closing on 18 December 2022 [23:59pm]

The days and times indicated in these Terms and Conditions are those of the time zone [CET]. No other time zones will be considered for participation in the Giveaway.

 

Article 2

(Participation)

2.1. Conditions of participation

Entry into the Giveaway is free of charge without any purchase obligation.

Participation in the Giveaway implies the express and unreserved acceptance of these Terms and Conditions in all its stipulations as well as the laws and regulations applicable to the contests.

The Giveaway is open to all individuals who (i) have reached the age of 18 or of majority on the Giveaway start date in their respective countries, whichever is higher, (ii) have a valid and personal Instagram account, and (iii) are legal residents in any of the EU/EEA member states (hereinafter the “Participant(s)”, “Your” or “You”).

The Organizing Company may also require that the Participant forward a copy of his/her personal identification as proof of age and/or residency.

Entry into the Giveaway may only take place via the Instagram account. In view of this, any participation submitted by other means shall be ignored.

Members of personnel of the Organizing Company, its affiliated companies and persons having collaborated in the organization of the Giveaway and their respective family members are prohibited from participating in the Giveaway.

Participants shall refrain from implementing any participation mode which does not comply with these rules.

In cases of suspected fraud and/or unfair participation, the Organizing Company reserves the right to conduct any verification it deems necessary. Any established corrupt of fraudulent practice will result in an immediate and definitive disqualification of the Participant, final without notice.

Your Participation may be deemed ineligible if you do not comply with the modalities of Participation set forth above. Any participation that is incomplete or inaccurate, or that do not follow the procedure set out below shall not be considered and shall invalidate the entry.

 

2.2. Procedure for participation

On 5^th, 6^th, 7^th, 8^th, 9^th, 10^th, 11^th & 12^th December 2022, eight (8) posts outlining the Giveaway will be published consecutively (1 per day) on the Organizing Company’s Instagram account between 9am – 12:00pm. The posts will include at least the following:

• conditions for valid entry, i.e., follow @theathletesfoot on Instagram, comment on the giveaway post tagging 2 friends, country of residence and clothing size and repost the giveaway post to your story, tagging @theathletesfoot;
• prizes (see article 3.2 for full overview)
• only one ‘comment’ on the giveaway post will be randomly selected as the winner;
• giveaway opened only for EU/EEA;
• giveaway phase one ends on 12 December 2022, [09:00]. Organizing Company will contact winner by end of day on 13^th December 2022.
• giveaway phase two ends on 18 December 2022, [23:59]. Organizing Company will contact winner by end of day on 19^th December 2022
• link to the Terms and Conditions for the Giveaway.

In order to participate in the Giveaway, it is necessary for the participants to:

• sign in to Participant’s Instagram account;
• go to the Organizing Company’s Instagram account @theathletesfoot at https://www.instagram.com/theathletesfoot/ and (i) follow the Instagram account @theathletesfoot (at least until the selection of the Winner(s).
• comment on the Giveaway post with tagging two (2) friends, disclosing the Participant’s clothing size (for the purpose of ensuring the prize matches), and disclosing the Participant’s country of residence (for the purpose of ensuring that the entrant meets any geographical participation requirements).
• repost the Giveaway post to Participant’s story, tagging @theathletesfoot
• fulfil requirements pursuant to Article 2 and potentially other applicable legal requirements as per the country of residence of the Participant.

 

For posts on Day 6 & 8 – it is also necessary for the participants to:

• Day 6: comment disclosing the Participant’s color preference of Jordan puffer coat
• Day 8: comment stating the Participant’s charity of choice, and the reason why the Participant has chosen to nominate said charity.

 

Article 3

(Winners and Prizes)

3.1. Designation of the winner

The winner will be designated as follows:

• All the names of the Participants who will have complied with Procedure for participation described above and with these Terms and Conditions will be put in a list dedicated to the random draw.
• The random draw for Giveaway phase one will be conducted by the end of day on 12 December 2022 in order to select the first eight (8) winners. The winners shall be the first drawn person (per post) who fulfilled the requirements of the Giveaway.
• The random draw for Giveaway phase two will be conducted by the end of day on 18 December 2022 in order to select the winner. The winner shall be the first drawn person who fulfilled the requirements of the Giveaway post from 12 December 2022.

 

Hereinafter defined as the “Winner”.

 

3.2. Prize

The Winner shall receive one of the following products, dependent on which Giveaway post they have entered through.

• Adidas Varisty Jacket, product code HY6037 – RRP €120
• Adidas adicolor essentials fleece sweatshirt (purple), product code HJ7866 – RRP €55 + adidas adicolor essentials slim joggers (purple), product code HJ7854 – RRP €60.
• Nike sportswear tech fleece men’s full zip hoodie, product code CU4489-334 – RRP €119.99 + Nike Heritage Eugene backpack, product code DC4244-230 – RRP €42.99
• Adidas down regen hooded puffer jacket, product code HL9187 – RRP €220
• Nike sportswear phoenix fleece women’s high-waisted oversized tracksuit bottoms (Alligator/Sail), product code DQ5887-334 – RRP €59.99 + Nike sportswear phoenix fleece women’s oversized pullover hoodie (Alligator/Sail), product code DQ5860-334 – RRP €64.99 + Nike Sportswear Therma-FIT Repel women’s synthetic-fill hooded jacket (black/black/white), product code DX1797-010 – RRP €129.99
• Jordan Essential Men’s Puffer Jacket (Black/Fire Red/Fire Red) product code DQ7348-010 – RRP €179.99
• Jordan Essential Men’s Puffer Jacket (Rattan/Rattan/Rattan) product code DQ7348-206 – RRP €179.99
• Adidas Fashion Down Jacket (Magic Beige), product code HK5244 – RRP €330
• JXY Karaoke machine (Brown) (inc. 1 x party speaker, 2 x wireless microphones, 1 x remote and 1 x control manual) – RRP €138.99
• Gritin 360 degree rotation sound activated disco ball party lighting with remote control (inc. 1 x disco ball, 1 x charging cable, 1 x suction cup stand and 1 x remote control), batteries not included – RRP €14.99

(hereinafter the “Prize(s)”).

The Organizing Company will also donate €5000.00 to a (1) nominated charity specified by the winner of Giveaway day 8 in their entry [comment]. These funds will be distributed from the Organizing Company to the nominated charity in the most convenient way for the charity, following a conversation with the nominated charity to ascertain this information.

The nominated charity must fulfil all of the below requirements:

• is a lawfully registered charity as per local legislation in the relevant territory (EU), registered for a lawful and legitimate purpose of general interest;
• is fully functioning for a period of at least 12 months prior to the date of these Terms;
• the charity is a non-governmental organization;
• the charity is a Public Benefit Organisation (PBO) as per local legislation (for example in the Netherlands such charity must be registered as Algemeen Nut Beogende Instelling (ANBI));
• you are not involved in the nominated charity as a legal representative or a founder.

Should the nominated charity not fulfil all above stated requirements we deserve the right to unilaterally and on the basis of individual determination of facts reject such nominated charity. In such case you will be invited to nominate another charity in 5 (five) working days. If such re-nominated charity will not satisfy the requirements, another Winner will be selected. We deserve the right to request (to our satisfaction) all documents relevant for determination of above requirements.

Delivery of the Prize shall be organized by the Organizing Company, on the basis of data provided by the Winner(s). Reasonable delivery costs for the Prize(s) shall be borne by the Organizing Company.

The organizing Company shall not be responsible and liable for payment of any applicable taxes due to provision of the Prize(s) nor any custom duties or charges. Any such obligations are exclusively Winners’ obligation. Winner(s) shall be informed that depending on the legislation as per their (tax) residency, Prizes may be subject to a tax and/or additional administrative notifications.

The Prize is personal and may not be assigned to any person other than the Winner(s)

The Prize offered to the Winner(s) may not give rise to any claim of any kind, nor the delivery of their exchange value in cash (total or partial), nor to the tacking-back of the Prize, replacement or exchange with another prize, of any value whatsoever, for any reason, including in case of loss or theft.

The Organizing Company shall be under no obligation to grant the Prize if the Winner has not complied with these Terms and Conditions.

 

3.3. Notification to the winner

The Winner(s) shall be identified with their Instagram account and will be contacted by the Organizing Company via private message on Instagram by end of the day on 12 December 2022 (phase one), or by end of the day 19^th December 2022 (phase two) requiring them to communicate the Organizing Company their full personal details (name, surname, address, telephone number). The Organizing Company will then ship the Prize(s) from The Athletes Foot EMEA Amsterdam offices, to the Winner(s), to the addresses they provided.

Winner(s) are required to respond to the aforementioned private message within seven (7) days in order to enable the Organizing Company to send them the Prize.

Unclaimed Prize characterized by the non-replying by the Winner(s) to the private message notification within seven (7) days will be considered as remaining the property of the Organizing Company, or if the Winner renounces to the Prize, the said Prize would be considered as remaining the property of the Organizing Company which will be free to reassign or not to an alternate Winner in the same manner and no claim will be admissible.

If the participation of the Winner does not comply with these Terms and Conditions, the Winner(s) are not able to claim the grant of her/his Prize, which will remain the property of the Organizing Company and which will be free to reassign or not to an alternate Winner(s) in the same manner and no claim will be admissible.

The responsibility of the Organizing Company cannot be engaged if the information provided by the Participants is incomplete, illegible, unusable, misdirected, or incorrect and the Winner(s) will lose the benefit of their Prize(s)

 

Article 4

(Cases of invalidity)

Participation in this Giveaway implies the acceptance, without reservation or restriction, of these Terms and Conditions in their entirety, rules of conduct in force on the Internet, as well as laws and regulations applicable to Giveaways. Failure to comply with these Terms and Conditions by the Participant will result in the nullity of his participation and possibly the engagement of his responsibility.

In general, any participation must be fair and not fraudulent. Therefore:

• any content contrary to morality, applicable laws and regulations, prejudicial to the rights of third parties or having a promotional character for a third mark will be refused and/or disqualified.
• any attempt, by any means whatsoever, to modify or attempt to modify the proposed giveaway devices, in particular in order to modify the results thereof, will lead to a refusal and/or disqualification.

The Organizing Company reserves the role of an arbitrator on this point and may exclude any Participant suspected of having participated with several accounts.

The Organizing Company reserves the right to definitively exclude from the Giveaway, any Participant:

• having indicated a false identity or address,
• having participated with several Instagram accounts,
• having tried to cheat, and more generally
• contravening one or more provisions of these Terms and Conditions.

In the event of exclusion of a Participant, he will be deprived of all his rights under these Terms and Conditions and in particular, those related to obtaining the Prize involved.

In addition, the Organizing Company reserves the right, where applicable, to take legal action against any Participant that contravenes one or more provisions of these Terms and Conditions.

Finally, the Organizing Company may decide to cancel the Giveaway at any time and due to any objective reason, especially if it appears that obvious fraud has occurred in any form whatsoever, including computerized in the context of participation in the Giveaway or the determination of the Winner.

 

Article 5

(Personal data)

Data Controller

All personal data collected in connection with the Giveaway shall be processed by the Organizing Company as a personal data controller.

 

Purpose and legal basis

Processing of personal data is based on Article 6(1)(b) of the General Data Protection Regulation in order to conduct the Giveaway, select the Winner(s) and distribute the Prize(s). If the Participant (or as applicable Winner[s]) does not provide for the required personal data, the Organizing Company will not be able to consider such Participant(s) for the Prize(s) and also not be able to distribute the Prize(s).

Processing may also be based on Article 6(1)(c) if any processing will be based on our legal obligation to do so.

If Organizing Company needs to use your personal data for an unrelated purpose, Organizing Company will notify you and we will explain the legal basis which allows it to do so.

 

Categories of personal data

The Organizing Company collects and processes personal data, namely the following categories of personal data: name and surname, telephone number, address, shoe size. We do not perform any automated decision-making or profiling.

 

 

Data retention

Organizing Company only keeps your personal data for as long as we need it for the purpose for which we hold your personal data, to meet your needs, or to comply with our legal obligations. No data shall be kept for more than 5 years as of announcement of the Winner(s).

To determine the data retention period of your personal data, we use the following criteria:

• if you participate in the Giveaway, we keep your personal data for the duration of the Giveaway and during the time required to distribute the Prize, as well as for the period of 5 years following the announcement of the Winner(s)
• if you contact us for an inquiry related to the Giveaway, we keep your personal data for the duration of the processing of your inquiry.

The Organizing Company will keep the personal data until the end of above-described retention period and then delete it.

 

Data security

The Organizing Company has put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, the Organizing Company limits access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on Organizing Company’s instructions, and they are subject to a duty of confidentiality.

 

Data transfers

Personal data shall not be transferred outside the territory of the EU/EEA.

 

Recipients

Organizing Company may share your personal data with the parties set out below for the purposes described above:

• other companies in the Organizing Company’s group acting as processors and who are based within the EU and provide IT and system administration services and undertake leadership reporting;
• service providers acting as processors based within the EU who provide accounting, ordering and system administration services.

 

Rights of data subjects

Under certain circumstances, you have rights under data protection laws in relation to your personal data. You may:

• Request access to your personal data
• Request correction of your personal data
• Request erasure of your personal data
• Object to processing of your personal data
• Request restriction of processing your personal data
• Request transfer of your personal data
• Right to withdraw consent (if any processing is based on your consent)

 

Contact

You may exercise the above rights at any time upon notice, to the following address:

charlotte.hoyle@theathletesfoot.com

 

A complaint may be lodged with a supervisory authority. Please refer to the following link in relation to identify the appropriate supervisory authority and its contact information:  https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm

 

By participating in the Giveaway, the Participant acknowledges that he/she is aware of the above information regarding the protection of personal data.

 

Article 6

(Liability)

Participation in the Giveaway implies knowledge and acceptance of the characteristics and the limits of the Internet network in particular as regards the technical performances, the response times to consult, interrogate or transfer information, the risks of interruption, the risks related to the connection, the lack of protection of some data against possible diversions and the risk of contamination by possible viruses circulating on the Internet. The Organizing Company cannot be held responsible for malfunctions that may affect the Internet, for any configuration problem or linked to a given browser.

The Organizing Company shall not incur any liability whatsoever in the event of force majeure or other similar events which are beyond their control (including but not limited to technical problems, losses or delay in postal services), interfering with the organization and management of the Giveaway.

If exceptional circumstances require, the Organizing Company reserves the right to postpone, shorten, extend, modify, cancel or suspend the Giveaway and the liability of the Organizing Company cannot be sought as a result.

The Organizing Company shall not be held liable for any dissatisfaction of the Winner(s) regarding their Prize(s).

The Organizing Company shall not be held liable for any incidents and/or accidents that may occur to the Winner(s) during the enjoyment of the Prize(s).

Article 7

(Amendment of Terms and Conditions)

The Organizing Company may be required to amend these Terms and Conditions to comply with any new legislation and/or applicable regulations.

In the event that any clause hereunder is declared null or void, it shall have no impact on the validity of the remaining part of the Terms and Conditions.

 

Article 9

(Governing law and jurisdiction)

These Terms and Conditions shall be governed by Slovenian law. However, if your usual place of residence is in another European, EU or EEA country mandatory national consumer protection laws of such country will remain unaffected and will continue to apply.

Courts in Ljubljana, Slovenia, shall have jurisdiction in respect of any dispute, which may arise, or the competent court of Participant’s residence.