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Terms & Conditions

These terms and conditions govern the relationship between adidas South Africa, referred to as "adidas", and its Members. These terms and conditions apply to all members who register with adidas 3Stripes. Your membership is personal to you and you are responsible for ensuring the correct use of the programme. Please read carefully, particularly as they include limitations and exclusions on the liability of adidas and its members.

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Terms & Conditions for the adidas #myjourney photo challenge

 

These terms and conditions (hereafter Terms) should be read carefully. This document contains important information. By participating in this promotion, the participant declares that they are bound by these terms. The participant further understands that the Promoter shall rely upon this declaration.

 

Promotion

  1. The Terms apply to the #myjourney photo challenge.
  2. The Promoter is adidas South Africa (the Promoter), located at [Address Details].
  3. A copy of these terms should be printed and retained for your records.

Requirements

  1. The Promotion is open to all individuals who have a registered Twitter and/or Instagram account and who have reached the age of 16 and participate in this promotion for private purposes only, with the exception of the persons mentioned in clause 5 hereof. Individuals of 16 and 17 years old / younger than 18 years old can only participate with the consent of their parent(s), guardian or legal representative. The Promoter may request written proof of such consent. Individuals of 15 years or younger are under all circumstances excluded from participation.
  2. The following persons are not permitted to participate: (a) a director, member, partner, employee or agent of, or consultant to the Promoter or any other person who directly or indirectly controls or is controlled by, the Promoter; or (b) a supplier of goods or services in connection with that competition.

Participation

  1. The Promotion will open on 8 October 2013 at 12.00am GMT and close 10 March 2013 at 23.59pm (Promotional Period). No entries shall be accepted for purposes of the promotion if they are submitted outside of the Promotional Period.
  2. Participating in the Promotion takes place by: a. submitting a photo on Instagram or Twitter and tagging # [challenge name] #journey @adidasZA; b. accepting and adhering to these Terms unconditionally; and c. accepting the Privacy Policy of the Promoter available at www.adidasrunning.co.za. No other means for entries will be accepted other than set out in clause 6 and 7.
  3. Incomplete entries are not valid and will not be accepted.
  4. The participants are permitted to submit multiple entries; however each individual participant may only be selected to win once.
  5. Challenges may be entered on an individual basis and is not necessary to enter all challenges.
  6. All the participants qualify for the grand prize draw. The more times someone enters the more entries they receive into the grand prize draw. A participant who wins an individual challenge prize may still win the grand prize draw.
  7. There are eight challenges:-
    1. #adidas
    2. #hills
    3. #heat
    4. #longroad
    5. #allin
    6. #sunrise
    7. #sunsets
    8. #lights
  8. You enter each challenge as follows:
    1. #adidas: The participant to take a picture on their run. They are then required to upload their picture to Twitter or Instagram and add #adidas and #myjourney @adidasZA between 08/10/2013 and 28/10/2013 to stand a chance to win adidas running kit. Challenge closes 23:59pm 28/10/13. Winner to be announced week commencing 28/10/13.
    2. #hills: The participant to take a picture of the hills they climb on their runs. They are then required to upload their picture to, Twitter or instagram and add #hills and #myjourney @adidasZA between 08/10/2013 and 11/11/13 to stand a chance to win a pair of adidas energy BOOST. Challenge closes 23:59pm 11/11/13. Winner to be announced week commencing 11/11/13.
    3. #heat: The participant to take a picture of the heat whilst on their run. They are then required to upload their picture to Twitter or instagram and add #heat and #myjourney @adidasZA between 08/10/2013and 25/11/13 to stand a chance to win adidas Climacool apparel. Challenge closes 23:59pm 25/11/13. Winner to be announced week commencing 25/11/13.
    4. #longroad: The participant to take a picture of the long roads on their run. They are then required to upload their picture to, Twitter or instagram and add #longroad and #myjourney @adidasZA between 08/10/2013 and 09/12/13 to stand a chance to win an adidas micoach. Challenge closes 23:59pm 09/12/13. Winner to be announced week commencing 09/12/13.
    5. #allin: The participant to take a picture of themselves after their run. They are then required to upload their picture to Twitter or instagram and add #allin and #myjourney @adidasZA between 08/10/2013 and 27/01/14 to stand a chance to win a pair of adidas Supernova BOOST. Challenge closes 23:59pm 27/01/13. Winner to be announced on week commencing 27/01/14.
    6. #sunrise: The participant to take a picture of the sunrise on their morning run. They are then required to upload their picture to Twitter or instagram and add #sunrise and #myjourney @adidasZA between 08/10/13 and 10/02/2014 to stand a chance to win an adidas smart watch. Challenge closes 23:59pm 10/02/2014. Winner to be announced on week commencing 10/02/2014.
    7. #sunset: The participant to take a picture of the sunset on their morning run. They are then required to upload their picture to Twitter or instagram and add #sunset and #myjourney @adidasZA between 08/10/2013 and 24/02/2014 to stand a chance to win a pair of adidas sunglasses. Challenge closes 23:59pm 24/02/2014. Winner to be announced on week commencing 24/02/2014.
    8. #lights: The participant to take a picture of the lights on their runs. They are then required to upload their picture to Twitter or instagram and add #lights and #myjourney @adidasZA between 08/10/2013 and 10/03/2014 to stand a chance to win a reflective adidas Supernova jacket. Challenge closes 23:59pm 10/03/2014. Winner to be announced week commencing 10/03/2014.

General rules of behaviour

  1. The participant may not use the Promotion for the expression of political or religious ideas.
  2. The Promoter has the right to refuse any entry which in it's opinion contains material which is offensive, insulting, injurious, obscene, offending, vindictive, indecent, perverted, immoral, aggressive, sexually oriented, racist, derisive, slanderous, discriminatory, or in any other way not in line with good taste and/or decency, or which the Promoter deems in it's sole discretion to be otherwise unacceptable.
  3. Entries may not conflict with applicable law or regulations, the rights of third parties, nor may they incite, advocate or express pornography, obscenity, vulgarity, hatred, bigotry, racism or gratuitous violence.
  4. Entries may not in any way harm the Promoter, its affiliates, its agents and/or the brand of adidas (or any other brand of the Promoter).
  5. The participant may not upload, post, email or otherwise make available any material that contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the use of any software or devices on the Website.
  6. Entries are open to all languages.
  7. The Promoter retains the right to exclude the participant from participating in the Promotion and to delete entries from the Website, if these are in conflict with these rules of behaviour or are otherwise in conflict with the Terms.
  8. The participant must comply at all times with the rules of Twitter and Instagram.
  9. The participant acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with, Twitter or Instagram.

Intellectual property rights

  1. By entering into this Promotion, the participant agrees that the following intellectual property rights in and to materials included in any entry (even if not selected as the winning entry) shall belong exclusively to the Promoter to the extent permitted by law: a. the right to publish, copy and making the material accessible to the public; b. the right to modify the material in order to publish, copy or to make it accessible to the public. The Participant agrees to assign, or to procure the assignment, to the Promoter of all such right, title and interest in and to such intellectual property rights. The Participant further agrees to execute, or procure the execution of, such documents and do, and procure the doing of, all such acts or things as are required for the purpose of giving effect to this assignment.
  2. Without limiting the generality of clause 25, the participant acknowledges and agrees that the Promoter (or any other company and/or entity designated by the Promoter) may use, reproduce, adapt, translate, digitise, publish, revise, disclose, modify, transfer or otherwise exploit entries (but is under no obligations to do so) at any time on and in relation to any adidas product or otherwise.
  3. The participants are not entitled to any compensation in return for the assignment of rights pursuant to clause 23, 24 or for any use of an entry pursuant to clause 26.
  4. By participating in the Promotion, participant agrees to the Promoter using free of charge participant's name, photograph, image, video, voice recording and general location for publicity and news purposes relating to the Promotion and for a duration which is necessary for the organization and publicity of the Promotion. For purposes of this clause, the participant agrees that this assignment concerns any support or media whether existing or created in the future, and shall include as a non-limited list of examples: promotional documentation, newspapers, television, magazines, and books (both paper and electronic); Internet (including other websites, web casts, multimedia links and social networks) etc.
  5. By participating in the Promotion, the participant unconditionally and irrevocably waives, insofar as is legally possible, (the execution of claims based on) any moral rights of any nature in or in relation to any work comprised in the entry. Without limit to the generality of the foregoing, participant agrees and shall procure (by non-execution of its rights) that neither the Promoter nor any other company nor entity is obliged to identify the participant as author of the work, unless required by law.
  6. By entering into this Promotion, the participant represents that all works comprised in participant's entry are his/her own original work (e.g. Twitter or Instagram picture is a picture taken only by the participant) and is not a copy, nor do they incorporate the work of any third party and that use of the entry by Promoter (or any other company or entity designated by the Promoter), its affiliate's, officers, directors, employees, agents, licensees and customers will not infringe any third parties intellectual property rights. By entering into this Promotion, the participant agrees to indemnify and hold harmless the Promoter (or any other company or entity designated by the Promoter), its affiliate's, officers, directors, employees, agents, licensees and customers from and against any claim or demand (including reasonable legal fees) by a third party relating to the use of the entry by the Promoter (or any other company or entity designated by the Promoter), its affiliate's, officers, directors, employees, agents, licensees and customers or arising out of participant's breach of these Terms.
  7. By participating in the Promotion the participant shall provide all additional information relating to the entry, if so requested by the Promoter.
  8. The Promoter is not obliged to use the entry in relation to the 'Take Your Best Shot' promotion and reserves its right to adopt an alternative name (regardless of whether that alternative name was submitted as an entry as part of this Promotion).

Publication

  1. It is prohibited to reproduce or publish anything relating to the Promotion without the prior explicit written consent of the Promoter.
  2. The Promoter is authorized to remove from, shorten or amend entries in text or image on the Website.

Prizes

  1. The Grand Prize winner will be selected between 10 March 2014 and 21 March 2014 through a random draw conducted by an external auditor. MACHINE (agency and supplier for adidas) will take reasonable steps to contact the winner. MACHINE shall use the contact details supplied by the winning participant. In the event that MACHINE is unable to contact the winner within fourteen (14) days from the date of the draw, the winning participant shall forfeit any right they may have to claim the prize and the external auditor will draw a new winner. The process set out above shall apply to the new winner and if necessary to subsequent new winners.
  2. The Grand Prize value is valid as per supplier pricing on 10 March 2014. In the event of the supplier price increasing after 10 March 2014, adidas and its agency will only fulfil up to the maximum value of R100 000 VAT inclusive, for the winning prizes.
  3. The Grand Prize is a trip for two to Germany to attend the 2014 Berlin Marathon valued at R100 000 and includes the following:-
    1. 5 nights in 4 Star accommodation
    2. Two tickets to run the Berlin Marathon
    3. 100 euros per day (7 days) spending money each
    4. adidas running hamper
  4. The Promotion provides for a chance to win prizes throughout the Promotional Period. These will be 8 prize(s) of adidas gear varying in value. These prizes will be given throughout the Promotional Period of 08/10/2013 - 10/03/2014. See the 'Challenges' section for more details.
  5. The winner(s) will be selected within a week of the challenge closing date (indicated in 'Challenges') via a panel of judges from adidas and MACHINE Agency based on theme, creativity, composition and how well the entry answers the challenge provided. The Promoter will notify and instruct each winner how to claim the Prize via the corresponding social network they entered on within one week after the decision regarding delivery of the Prize.
  6. The judge's decision is final and no correspondence will be entered into.
  7. Subject to clause 33, which regulates the Grand Prize winner, the Prize shall be dispatched to the winner within sixty (60) days of their acceptance of the Prize.
  8. It is the responsibility of the winners to ensure that they are able to accept the Prize and make use of the Prize.
  9. The winner agrees and accepts - once the winner has redeemed the Prize - that all taxes or charges related to the Prize will be for his/her account.
  10. No cash alternative to the Prize is available.
  11. A Prize cannot be exchanged for another prize. A Prize is personal and non-transferable. The winner agrees not to sell, offer to sell or use the Prize for any commercial or promotional purpose (including placing the Prize on an internet auction site).
  12. A Prize is indivisible and can only be accepted as granted.
  13. The Promoter reserves the right to modify or withdraw a Prize. The alternative prize will be of an equivalent or greater value.
  14. Prizes that are not redeemed for whatever reason remain the property of the Promoter. In case of a rejection of a Prize, the Prize also falls to the Promoter.
  15. If a winner cannot be contacted or fails to confirm acceptance of the Prize within 10 days of notification or cannot make use of the Prize for any reason, the Promoter reserves the right to select an alternative winner and the original winner will forfeit the Prize.

Limitation of liability

  1. The Promoter is not responsible or liable for costs or expenses of the participant in connection with or relating to participating in the Promotion. This includes but is not limited to the costs of the use of internet which are for the account of the participant.
  2. The Promoter is not responsible and excludes any liability for (i) network- (cable, internet or other relevant networks), computer hardware or software disruptions of whatever nature which might lead to a limited, delayed or lost entry, (ii) other problems or calamities, of whatever nature, that are connected with the functioning of the network (cable, internet or other network), the Website, computer hardware or software, and (iii) mistakes in the entering or processing of personal data, except in the case of wilful misconduct of the Promoter.
  3. The Promoter is not responsible or liable for any incompatibility between technologies used, in the broadest sense, during the Promotion and the hardware and software configuration used by the participant.
  4. To the fullest extent allowed by the applicable law, neither Promoter nor any agencies involved in the Promotion are responsible or liable for any loss, damages or injury caused by participation in the Promotion.
  5. Where a Prize is delivered to the winner by post, the Promoter is not liable for the acts or omissions of any courier or mail delivery service.
  6. If a Promotion, for whatever reason, progresses differently than foreseen, for instance, in the event that #myjourney photo challenge does not take place or is abandoned, postponed, rearranged or curtailed or the Promotion appears to be in conflict with applicable law, the Promoter reserves the right to annul, terminate, amend or postpone the Promotion without any liability of the Promoter and without a right of compensation for the participant.

Personal Data

  1. By participating in the Promotion the participant's personal data is processed by adidas International Trading B.V., the controller of the personal data, and also by the Promoters' agency involved in administering the Promotion.
  2. Unless the Participant has signed up for the adidas newsletter or has given consent to use his/her personal data otherwise, the participant's personal data shall be processed for the purpose of participating in the Promotion only and will only be retained as long as is necessary for such purpose (i.e. until 3 months after the end of the Promotion). The participant can request access to and/or submit a request for rectification or removal of their personal data. For these purposes the participant can contact the Promoter at the below address or by e-mailing dataprotection@adidas-group.com.

Exclusion of the participant

  1. At all times the Promoter reserves the right to exclude the participant from participating for reason of invalid or false entries or invalid or false personal information.
  2. The Promoter reserves the right at its sole discretion to disqualify any individual found to be tampering with the operation of the Promotion, or to be acting in any manner deemed by the Promoter to be in violation of these Terms; or to be acting in any manner deemed by the Promoter to be disruptive.
  3. The Promoter is authorized at all times on reasonable grounds to exclude or disqualify the participant without a right of recourse against the Promoter.
  4. The Promoter reserves the right to exclude the participant in case of (suspicion of) foul play, fraud, or any (other) breach of the Terms without a right of recourse against the Promoter. Organised or collective participation of the Promotion shall be regarded as a breach of the Terms.
  5. This Promotion is void where the Promotion is prohibited. It is the responsibility of the participant to ensure their legal eligibility to participate.
  6. No rights can be derived from the Promotion or its result other than set out in these Terms.

Applicable law / disputes

  1. The decision of Promoter is final and binding. No correspondence will be entered into relating to the result of the Promotion.
  2. If any part of any clause or any clause in these Terms is found by a competent court or other competent authority to be void or unenforceable, that part of the clause or clause shall be deemed to be deleted and the remaining clauses shall continue in full force and effect.
  3. The Terms are governed by and construed in all respects in accordance with the laws of the Republic of South Africa. Any and all disputes arising out of or in connection with the Terms shall in the first instance be submitted to and settled by a competent court of the Western Cape, Republic of South Africa, provided that this shall not preclude or prejudice the right of the participant to take any legal proceedings in another court of competent jurisdiction in accordance with applicable mandatory law.
  4. The Promoter reserves the right at all times to amend the Terms without any liability to the participant or any third party. A revised version of the Terms will be published on the Website.
  5. The Promoter will execute the Promotion in compliance with the applicable law and regulations relating to betting and gambling. Complaints or questions relating to the Terms and the Promotion can be submitted in writing to The Legal Department, adidas Women, located at adidas.

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