Please read these terms and conditions (Terms and Conditions) carefully, which are also available at www.adidas.com/tangosquad. These Terms and Conditions contain important information. By registering to participate and, if selected, participating in the Tango Squad Facebook Group (the "Group"), You agree to be bound to these Terms and Conditions, as well as any other applicable terms and policies provided to You in connection with the Group, such as the adidas Privacy Statement and any relevant terms and conditions issued by Facebook.
1.1 In these Terms and Conditions the following words shall, unless specified otherwise in these Terms and Conditions, have the following meanings:
"adidas" means adidas (South Africa) (Pty) Ltd, having its offices at 3rd Floor Unit 2 C Black River Park North, Observatory, 7925, Cape Town, South Africa (also referred to as 'adidas' "We", "Our" or "Us").
"Confidential Information" means any information received or obtained during participation in the Group, which is confidential or proprietary to the other Participants in the Group, including in any case mobile phone number and e-mail address ("Confidential Information").
"Content" means any content, data, information or material made available through the Group.
"Group Administrator" means adidas South Africa who will manage the communication of the Group by: providing and sharing new Content; detailing exclusive opportunities, promotions and competitions; and responding to questions.
"Trade Marks" means any name, brand, logo, symbol or any other mark of adidas or any member of the adidas Group whether registered or not (including the word mark "adidas", "the 3-Bars logo", "the Trefoil logo", "the Globe", "the 3-Stripes mark").
"Facebook Registration" means an official registration with the Facebook Service which is necessary to participate in the Group.
"Facebook Service" means the service, software and application offered by Facebook Inc., including any content, data, information or material made available through the Facebook Service.
"Facebook Terms and Conditions" means the terms and conditions applicable to the Facebook Service.
"You" means anyone that meets the eligibility requirements to participate in the Group, has accepted these Terms and Conditions and the Privacy Statement (also referred to as "User" or "Participant").
1.2 In these Terms and Conditions, unless specified otherwise:
(a) the words "including" and "include" mean "including, without limitation" and "include, without limitation" respectively; and
(b) a heading to a section or clause is for convenience only and does not affect in any way its interpretation.
2 Scope of the participation
2.1 If You wish to participate in the Group, You will be requested to register online at the following website: www.adidas.com/tangosquad and provide the information requested. We will then assess your online activity according to the social media identifier details You provide to Us. Based on our assessment of your social media activity we will determine whether or not to select You as part of the Group (the membership of which will not exceed 600 participants). If You are selected we will invite You by Group Request and if You accept, grant You a right to participate in the Group.
2.2 As a member of the Group, You will be encouraged to participate in a variety of activities which will result in being rewarded with exclusive adidas content. In addition, you will have the opportunity to participate in promotions and competitions that may result in You winning a prize such as access to free adidas products; attending an exclusive event (such as a football player meet and greet or football match screening); and/or taking part in experiences (such as attending football matches or having the opportunity to go behind the scenes at football clubs to meet football players and/or attend football club trainings). You will be encouraged to share your experiences of the Group across your social media channels.
2.3 Language used in the Group by Participants shall be English.
2.4 adidas may from time to time update or modify the Group and accordingly update or amend these Terms and Conditions. Please review these Terms and Conditions regularly to ensure that You are aware of any changes adidas has made.
3. Participating in the Group
3.1 Minimum Age: If You are under the age of 16, You are not allowed to participate in the Group. If You are 16 or 17 years old You can only participate after Your parent(s), guardian or legal representative has consented to these Terms and Conditions. adidas may at all times request written proof of such consent.
3.2 Restrictions: Participation in the Group is excluded for: (a) employees of adidas, any adidas entities or their agents and their first and second degree family members; as well as (b) anyone else who is directly or indirectly professionally connected with the Group and their family members; and (c) anyone who participates for non-private (i.e. commercial) purposes.
3.3 Software: The correct functioning of the Group is subject to a number of factors that are outside of the control of adidas, such as the device You are using, Your telecom and data plan and network and GPS reception and the Facebook Service. You acknowledge that such factors are either Your responsibility or the responsibility of the respective third parties. adidas is not responsible for the content and availability of the Facebook Service.
3.4 Maintenance: Access to the Group could be suspended or withdrawn to or from You personally or all Participants temporarily or permanently at any time and without notice. adidas may occasionally need to carry out repairs, maintenance or introduce new facilities and functions. adidas is not liable or responsible for any damage or loss.
3.5 Privacy: By participating in the Group you agree that adidas and other Participants in the Group are able to access Your Confidential Information. adidas and/or the Group Administrator are not responsible for the use of Your Confidential Information by any Participant or third party outside the Group. You understand and hereby agree that you will not share, post or otherwise make public any Confidential Information from the Participants in the Group in any way.
3.6 Replies by adidas: adidas and/or the Group administrator will not be able to reply instantly to all messages and Content shared in the Group by You. adidas and/or the Group Administrator shall be available at least once every 48 hours to reply to messages and Content in the Group.
3.7 In order to access and participate in the Group You need to have a Facebook Registration. Your Facebook Registration is governed by the Facebook Terms and Conditions.
3.8 You are responsible for ensuring that the information You provide to adidas and Facebook is correct, complete and up to date. If the information You provide to adidas or Facebook is incorrect, or not up to date or incomplete in any respect, adidas or Facebook may deny Your registration or participation or terminate our agreement with You with immediate effect.
3.9 adidas and the Group Administrator have the power, at their sole discretion, to remove You from the Group at any time without the obligation to provide a reason.
3.10 adidas and the Group Administrator have the power to close the Group for any reason at any time. If and to the extent possible, adidas and/or the Group Administrator will give You prior notice of this.
3.11 Participating in the Group does not create an employee or partner relationship between You and the Group Administrator and/or adidas.
4. Facebook Service
4.1 adidas uses the Facebook Service to provide for this Group. adidas has complied with all terms and conditions applicable to develop this Group and does not make any warranties or representations on behalf of Facebook and expressly disclaims any and all implied warranties with respect to the Facebook Service, its content and platform and any Facebook IP.
4.2 You may not modify any of the materials in the Facebook Service and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell the Facebook Service, its content or platform. You are not allowed to decompile, reverse-engineer, dissemble and otherwise reduce the Facebook Service, its content or platform to source code or other human-perceivable form.
4.3 The copyright of all trademarks, logos, icons, graphics and other content related to Facebook ("Facebook IP") is and remains owned by Facebook.
5. Content and intellectual property of adidas
5.1 All of the features of the Group and the Trade Marks and Content featured or displayed in the Group, including logos, icons, text, graphics, photographs, images, moving images, sound, illustrations and software, is owned by adidas, its affiliated companies, its licensors and/or its content providers. All elements of the Content can be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property rights. Except as explicitly permitted under these Terms and Conditions, no portion or element of the Content may be copied or retransmitted via any means. The Content and all related rights shall remain the exclusive property of adidas, its affiliated companies or its licensors unless otherwise expressly agreed in writing. All such rights are reserved.
5.2 Any Content provided by adidas and/or the Group Administrator via the Group is on an "as is" basis. adidas and/or the Group Administrator does not make any warranty or representation regarding such Content about the accuracy, completeness, performance, fitness for a particular purpose or non-infringement of third party rights.
5.3 All Trade Marks remain the exclusive property of adidas, its affiliated companies or its licensors (as appropriate) and are protected by applicable trade mark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, license or modify any of the Trade Marks in any way, without adidas' prior written consent.
5.4 adidas has no obligation to You to restore Content if it is damaged or lost.
6. User Content
6.1 Participating in the Group allows You to submit Your own content ("User Content"). You retain ownership of the User Content that is submitted by You and these Terms and Conditions do not attempt to deprive You of those rights.
6.2 By submitting Your User Content, You grant adidas and the Group Administrator a non-exclusive, unconditional, perpetual, irrevocable, transferable, worldwide license to use, display, perform, adapt, translate, modify, create derivative works, publish, distribute, or broadcast Your User Content for commercial and non-commercial purposes related to the Group and the Trade Marks (including any use on the internet and social media environment). You are not entitled to any compensation in return for the licence granted to adidas pursuant to this clause or for any use of User Content by adidas and/or the Group Administrator.
6.3 By submitting your User Content to adidas, You expressly represent and warrant to adidas that you are solely responsible for the accuracy and legitimacy of the User Content and that You have the right to submit and license the User Content. If You do not have sufficient rights to submit and license the User Content, You may not submit the User Content to the Group.
6.4 Any User Content You submit, as well as any questions, comments, suggestions or complaints You submit about the Group or adidas in general is entirely voluntary and adidas will be free to use the feedback as We see fit.
7. Your responsibilities
7.1 You are solely responsible and liable for Your activities and participation in the Group, including for any Content that is submitted or shared in the Group.
7.2 This means You are also liable for any use of or activities in the Group by persons other than Yourself. You are responsible to prevent any misuse or unauthorised access. You agree to immediately notify adidas when You discover that there has been an unauthorised use or misuse of Your account/registration in the Group.
7.3 Notwithstanding the above, You understand and hereby agree that You may not and will not:
(a) transmit any malicious code or other data which may bring harm to the Group, Facebook Service, adidas, the Group Administrator or any of their affiliates;
(b) use a robot, spider, script, or any other manual or automated means to extract, retrieve, reproduce, or circumvent the operation or intended use of the Group;
(c) use the Group in such a manner that its correct operating is hindered or damaged or nuisance may be caused to adidas, the Facebook Service and/or other Participants in the Group;
(d) modify any of the materials in the Group and You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell the Group, its Content or platform, except as permitted under these Terms and Conditions;
(e) decompile, reverse-engineer, dissemble and otherwise reduce the Group, its content or platform to source code or other human-perceivable form;
(f) commit acts through the Group which create a nuisance to adidas, the Facebook Service and/or other Participants in the Group, including the transmission of offensive, threatening, intimidating (sexually or otherwise), indecent, hateful, racist, sexist, pornographic, unlawful User Content or User Content which may be considered controversial by general public standards;
(g) infringe the privacy, publicity, intellectual property or other proprietary rights of third parties or Participants in the Group;
(h) breach the privacy or intervene in the personal life of other Participants in the Group and/or harass or intimidate other Participants in the Group;
(i) make publicly available any Confidential Information obtained from other Participants in the Group and/or use any Confidential Information in an inappropriate manner;
(j) express hurtful or insulting opinions regarding other Participants in the Group;
(k) use the Group to make unsolicited offers or requests, advertisements, proposals, or any other business related use, or send spam to other Participants;
(l) impersonate or pretend to be someone else, or allow someone to impersonate or pretend to be You;
(m) ignore any instructions or regulations given by adidas and/or the Group Administrator in connection with the use of the Group;
(n) use the Content in any way other than as stipulated in these Terms and Conditions without adidas' prior written permission or authorisation; and/or
(o) otherwise use the Group, adidas, the Facebook Service and/or User Content for acts and/or proceedings conflicting with the applicable laws and regulations, public morals, public order or other party's rights.
7.4 If adidas (at its sole discretion) is of the opinion that You act in violation of the Terms and Conditions or otherwise act improperly, adidas retains the right (without any duty or obligation) to examine your actions and to take action. Such action may include: (i) modification or removal of the published information; (ii) suspension or termination of access to the Group or the registration; and/or (iii) recovery of any damages or costs.
If You believe Your rights are being violated or infringed upon or someone is not complying with the Terms and Conditions or the Privacy Statement, please contact adidas using the following email address: firstname.lastname@example.org. If You violate any term in these Terms and Conditions, we reserve all rights, including the right to terminate Your access to the Group and hold You liable for such a violation.
9. Disclaimer of warranties and limitation of liability
9.1 adidas wants to provide You with the full user experience of the Group. However, we cannot guarantee and do not warrant that the use of the Group (or functions contained therein) is/are: (i) always, without interruption, or fully available; (ii) free of errors, defects or viruses; or (iii) up-to-date, complete or accurate.
9.2 adidas gives no warranties or representations of any kind, whether express or implied (to the extent permitted by law), on any information, data or materials contained in the Group.
9.3 adidas is not responsible for the amount of data the Group uses in your data plan and cannot be held liable for exceeding the limits of your personal data plan.
9.4 adidas will not be liable, on whatever ground, for any loss or damage suffered by a You as a result of or in connection with the Group, to the extent permitted by law, including any damage as a result of:
(a) typographic or typesetting errors or misprints;
(b) termination or alteration of the Facebook Registration and Facebook Service;
(c) a shortcoming of a Participant or any third party; or
(d) downtime of the Group due to maintenance in accordance with Clause 3.4.
You agree to indemnify, defend, and hold harmless adidas, its subsidiaries, affiliates, officers, agents, representatives, employees, partners, and on demand licensors from any and all demands, claims and actions (including reasonable attorneys' fees) arising from or related to Your participation in the Group and any User Content you provide. adidas reserves the right to assume all or any part of the defence and control of any such claims and negotiations for settlement or compromise and You agree to fully cooperate with adidas in doing so.
11.1 adidas respects the privacy of individuals who become members of any adidas community including the Group. The following clauses explain how adidas will collect and process your personal information for the purposes of the Group.
11.2 You may find more information on the types of personal information that adidas collects about You, how and for what purpose We use your information and under what circumstances We disclose it in our Privacy Statement.
11.4 The personal information We will collect if You register to participate and/or become a member of the Group will be the following:
(a) name (first name and last name);
(b) email address;
(c) date of birth;
(e) mobile telephone number;
(f) a social media identifier, such as one of your Instagram username, Twitter handle, or Facebook profile URL;
(g) information that You post on your social media profiles, such as your age, gender;
(h) shoe size (only where you have won a prize);
(i) top size (only where you have won a prize);
(j) trouser size (only where you have won a prize); and
(k) gender (only where you have won a prize).
11.5 We need to process this above personal information for the following purposes:
(a) To assess your application to become a member of the Group, including:
(i) identifying You from your request;
(ii) considering whether You meet our criteria to become a member (this will include a review of your social media presence and your permanent location);
(iii) creating a profile about You from information We obtain relating to your social media activities/following and general social media influence in order to make a decision regarding your application; and
(iv) seeking confirmation from You by SMS that You would like to participate in the Group.
(b) To set You up as a member and administer your membership of the Group, including:
(i) contacting You directly to let You know if you have been successful in your application; and
(ii) registering You to receive our Facebook messages.
(c) To send You communications through Facebook as part of your membership, which may include:
(i) invitations to exclusive events and previews;
(ii) never before seen images of new adidas products, before they go live on other adidas channels;
(iii) invitations to enter exclusive (Group entrants only) prize competitions; and
(iv) other direct marketing communications via Facebook.
(d) To tailor and deliver any prizes that You may win.
11.6 The Group is only open to individuals who are 18 years old or older. This will be explained to You when you are asked to provide your personal information to register your interest to become a member of the Group. adidas does not set out to collect information of individuals who are under 16 years of age, but if We have reasons to believe that someone under 18 years of age has provided Us with their information We will take reasonable steps to delete this information.
11.7 If You are not selected to participate in the Group then We will delete the personal information We collected from You. In order to carry out the above activities, we will need to share your personal information with third parties, such as our service providers and may also have to export it from the country in which you live, but in either case We will take steps to ensure that your personal information is adequately protected - for further information see our Privacy Statement.
11.8 We will only process your personal information for the purpose of your membership of the Group and will retain it only for as long as necessary for such purpose.
11.9 You can request access to and/or submit a request for rectification or deletion of your personal information. For more information, including on how to exercise your rights in relation to the personal information we hold about You, please read our Privacy Statement and send any request to the following e-mail address: email@example.com.
12. Direct marketing
We will only send You the marketing communications referred to above through Facebook for the above purposes. If You wish to unsubscribe or to opt out of receiving such communications, please send STOP to the telephone number you will receive by SMS once you are confirmed you become part of the Group or contact Us by sending any request to the following e-mail address: firstname.lastname@example.org.
13. Governing law and jurisdiction
Any dispute arising out of or in connection with the participation in the Group and/or these Terms and Conditions shall be governed by the law of South Africa. The courts of Cape Town shall have exclusive jurisdiction to settle any dispute arising out of or in connection with the use of the Group and/or these Terms and Conditions.
14.1 If one or more provisions of these Terms and Conditions are void or voidable, this will not affect the rest of these Terms and Conditions. adidas is authorised to include one or more replacing provisions which approach the nature and meaning of the void or voidable provision as closely as possible, without being void or voidable itself.
14.2 Any failure or delay on the side of adidas in exercising any right or option, enforcing any obligation or requiring performance, shall not be construed as a waiver of that right or option.
If You wish to terminate your participation in the Group, please notify adidas by sending STOP to the telephone number you will be provided to join the Group. Your registration in the Group shall be terminated within 30 days from your notification.
16. Third parties' websites
17.1 These Terms and Conditions set out the entire agreement between You and adidas for the participation in the Group and no third parties can derive any rights under, or enforce, these Terms and Conditions. In case of any conflicts, these Terms and Conditions shall prevail.
17.2 For any occurrence where these Terms and Conditions do not provide for, adidas will have the sole and final decision.
If You have any questions, technical difficulties, suggestions, complaints or have a dispute with adidas regarding these Terms and Conditions or the Group, please contact either the Group Administrator at: info@3Stripes.co.za or the adidas Legal Department at email@example.com.