Kreafunk Headphones Competition T&C's
The promoter of the “Kreafunk Headphones” competition is Namshi General Trading LLC via the operation of its website, namshi.com in Dubai, UAE.
1.1. This Competition is open to all individual customers of Namshi, but not Namshi employees.
1.2. Employees of the Promoter or any associated company and their immediate family, as well as sponsors of the Competition and their employees, and judges of the Competition and their immediate family, or anyone else involved in the organisation of the Competition, may not enter the Competition.
1.3. Entrants will require access to the internet to enter the Competition and require a public, Facebook, Twitter or Instagram profile.
1.5. Entrants acknowledge that this competition is in no way sponsored, endorsed or administered by Facebook, Twitter or Instagram.
How to enter:
2.1. The competition will be launching on 24th January 2019 when the competition post goes live and will end on 27th January 2019 at 9 am (UAE time).
2.2. Qualifying individuals who wish to enter the Competition (“Entrants”) must enter via either Facebook, Twitter or Instagram by 1.) Liking/Following Namshi’s official account and 2) Commenting on the competition post with their favourite work-out song on the Promoter’s official Facebook, Instagram and Twitter account (“Entry or Entries”).
2.3. Entries to the competition can only be submitted via the Promoter’s Facebook, Instagram Account or Twitter Account.
2.4. Several entries are permitted per person.
2.5. 10 winners will be announced on Sunday 27th January 2019 at 12 pm as judged by representatives from Namshi’s Content team at their sole discretion.
2.6. All entrants (including the Winner) must comply with any reasonable directions given to him or her by the Promoter in connection with the Competition. Failure to comply with such directions may result in an invalid Entry and/or withdrawal of the Prize.
2.7. Entrants acknowledge that this competition is in no way sponsored, endorsed or administered by Instagram, Facebook or Twitter.
Winner selection and contact:
3.1. The Promoter will select at random at its sole and absolute discretion winning entries. The winner will be announced on 27th January 2019 at 12 pm (UAE time).
3.2. No correspondence will be entertained from or entered into with any Entrant in respect of any determination or decision made by Promoter in connection with this Competition.
3.3. The Promoter will: 3.3.1. Send a Direct Message via Facebook, Instagram or Twitter to the winning entrant or entrants (the “Winner” or “Winners”) to notify them that they have won and ask for their email address and contact number ("Details"). 3.3.2. Once the Details have been provided in the manner stipulated herein, the Promoter will arrange for the Prize (as defined in Clause 4.1) to be sent to the winners. 3.4. If the Winner(s) fails to provide their Details to the Promoter within 48 hours of the Promoter sending a Direct Mail via Facebook or Instagram or Twitter to the Winner(s) in accordance with clause 3.3.1 or the Promoter is unable to reach the Winner on such Details, then the Promoter acting in its absolute discretion may:
3.4. make further attempts to contact the Winner; and/or withdraw the Prize from the Winner.
3.5. If a Prize is declined by the Winner or is withdrawn from the Winner by the Promoter under these Terms and Conditions, the declining or forfeiting Winner will continue to be subject to the provisions of these Terms and Conditions and the Promoter may offer that Prize to a new Winner selected randomly in accordance with this clause 3.
4.1. The Winners will each win 1 pair of Kreafunk Headphones ("Prize").
4.2. The Prize will be sent to the winners within 1 week of that Winner providing the Details.
4.3. The goods that may be purchased with the Prize are subject to availability and the Promoter makes no guarantees as to the availability of any item.
4.4. The Prize is non-negotiable, non-transferable and non-refundable and the Winner cannot request any alternative prize (cash or otherwise).
4.5 A Winner may win a Prize only once and may not necessarily win again.
4.6 No other prize, reward, award, fee, royalty or compensation is payable to Winner in respect of Winner’s participation in the Competition.
5.1. The Promoter reserves the right to publish the Winner's name and photo on the Promoter’s official social media accounts, including Twitter, Instagram and Facebook.
5.2. The Promoter reserves the right to disclose the name of the Winner in response to requests submitted under clause 6.2.
5.3. By entering the Competition, Winner hereby fully and voluntarily agree to their Entry (including identity and photo) being published in accordance with clauses 5.1 and 5.2 and to take part in and co-operate fully with all reasonable publicity accompanying or resulting from this Competition without any claim or further recompense.
5.4 The Winner hereby assigns to Promoter all rights, title and interest in and to all intellectual property including copyright, in any material created or posted pursuant to the Winner’s participation in the Competition. The Winner acknowledges that the Promoter is free to use such copyright, including but not limited to any images, photographs, comments or remarks whether in written, audio or visual format and to exercise its rights in relation thereto (including for advertising or marketing thereof, in any media whatsoever).
6.1. Any Entry that is deemed by the Promoter, in its sole discretion, to be unlawful, obscene, vulgar, pornographic, hateful, threatening, discriminatory, offensive, or which may otherwise bring the Competition or Promoter into disrepute, or which does not comply with these Terms and Conditions, will be excluded from the Competition and the Promoter reserves the right to take any further action in respect of such Entry that it deems appropriate (including without limitation the withdrawal of any Prize awarded to that entrant).
6.2. The Promoter will fully co-operate with any law enforcement authorities or court order requesting or directing the Promoter to disclose the identity of or to locate anyone posting or linking any content to its website which infringes any third party rights or is in breach of any of these Terms and Conditions or any applicable law.
6.3 An Entrant’s entry, submission and/or participation in this Competition will be deemed as his/her warranty that he or she meets the entry requirements and has read, understands and accepts these Terms and Conditions.
6.4. All entries for the competition must be original and not infringe any third party intellectual property rights. Namshi reserves the right to exclude any entries it deems to be offensive or inappropriate.
7.1. Except for death or personal injury caused by the negligence of the Promoter or its agents or representatives or for fraud or fraudulent misrepresentation, neither the Promoter nor its agents or representatives or the Promoter’s affiliates or their employees, directors or officers assume responsibility for:
7.1.1. any Prize that is not redeemed;
7.1.2. any personal property;
7.1.3. any loss of enjoyment or wasted expenditure;
7.1.4. any system failures or malfunctions of any third party websites;
7.1.5. any incomplete, lost, delayed or late Entries;
7.1.6. any failure to fulfil the obligations of any third parties involved in this Competition; 7.1.7. any fault, malfunction, damage, loss or disappointment suffered by the Entrants in the Competition howsoever arising from participating in the Competition;
7.1.8. communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilised in any aspect of this Competition;
7.1.9. inaccessibility or unavailability of the internet, or any website (including without limitation any social media websites) or any combination thereof through dial up, broadband, mobile internet or WAP connections;
7.1.10. any injury or damage to an Entrant which may be related to or arising from the Competition or the Prize;
7.1.11. if for any reason the Competition or any website in connection with the Competition is not capable of running as planned for reasons which may include without limitation, infection by computer, virus, tampering, unauthorised intervention, fraud, technical failures or any other causes which may corrupt or affect the administration security, fairness, integrity or proper conduct of this Competition; and/or
7.1.12. any other matter outside of their reasonable control.
7.2. Nothing in these Terms and Conditions affects the Entrant’s or Winner’s statutory rights.
7.3. To the extent permitted by law, all conditions, warranties and other terms which might otherwise be implied by statute or common law are expressly excluded from these Terms and Conditions.
7.4. Each Entrant and Winner agrees to indemnify and keep indemnified the Promoter, its group of companies and their officers, employees and agents from and against all liabilities, losses, damages and expenses (including legal and other professional fees) arising out of or in connection with any allegations or claims resulting directly or indirectly from:
7.4.1. their Entry into this Competition and any acts done by them to participate; and/or 7.4.2. their receipt and use of any Prize.
8.1. The Promoter reserves the right to cancel or amend the Competition or these Terms and Conditions if it has reasonable grounds for doing so. Any changes to the Competition or these Terms and Conditions will be announced by the Promoter.
8.2. By entering the Competition entrants accept these Terms and Conditions.
8.3. Any person who provides their Details to the Promoter in connection with this Competition:
8.3.1. accepts these Terms and Conditions; and 8.3.2. agrees that the Promoter may use their personal data: (a) for the purpose of administration of the Competition (including publishing the name and photos of the Winners and any administration relating to the Prize); and (b) any other purpose for which they have consented.
8.5. Without prejudice to clause 6.1, the Promoter reserves the right to exclude any Entry from the competition (and withdraw any Prize that may have been awarded in respect of such Entry) if it deems it to be ineligible or otherwise invalid and the Promoter shall have complete discretion in this respect.
8.6. No responsibility can be accepted for lost Entries or incomplete Entries. Proof of Entry is not proof of receipt.
8.7. If any provision of these Terms and Conditions (or part of any provision) is found by any court or other competent authority to be invalid, unenforceable or illegal, the other provisions shall remain in force.
8.8. If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Promoter.
8.9. No failure or delay by a party to exercise any right or remedy provided under these Terms and Conditions or by law or any abandonment of any such right or remedy shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. 8.10. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. 8.11 Any dispute shall be governed by Dubai law and the Dubai courts shall have exclusive jurisdiction.