NAMSHI TALENT SEARCH – TERMS AND CONDITIONS
The PROMOTER of the Competition is Namshi General Trading LLC via the operation of its website, namshi.com (“Namshi”) in Dubai, UAE.
1.1. The Competition is open to GCC residents above the age of 18 at the time of entry except:
1.1.1. employees of Namshi (the “Namshi Team”) or its subsidiary companies; or
1.1.2. employees of agents or suppliers of Namshi or its holding or subsidiary companies, who are professionally connected with the Competition or its administration; or
1.1.3. members of the immediate family of (1.1.1) or (1.1.2) above.
(together, the “Entrants”).
1.2. In entering the Competition, Entrants confirm that:
1.2.1. it is legal for them to do so in their country of residence; and
1.2.2. they are eligible to do so and eligible, and able, to claim the Prize (defined below).
1.3. Namshi may require Entrants to provide proof that they are eligible to enter the Competition.
1.4. Namshi will not accept competition entries that are:
1.4.1. automatically generated by the computer;
1.4.2. completed by third parties or
1.5. Entrants will require access to the internet to enter the Competition and require a public Instagram profile.
1.7. Entrants acknowledge that the Competition is in no way sponsored, endorsed or administered by Instagram.
2. Competition Stages and Selection Process
2.1. The Competition will run from 17:00 GST on Tuesday 2 April 2019 until 12:00 GST on Thursday 20 June 2019.
2.2. The Competition will be overseen by four (4) judges (the “Judges”), the identities of whom will be displayed on [insert website]. Three (3) judges will be from the Namshi Team and one (1) judge will be an individual selected by the Namshi Team. Each of the Judges will play a role at each stage of the Competition, listed below.
2.3. The Competition will consist of five (5) stages:
2.3.1. The first stage (“Stage 1”) will commence at 17:00 GST on Tuesday 2 April 2019 and will end at 09:30 GST on Sunday 12 May 2019. During Stage 1, Entrants will be required to:
184.108.40.206. follow Namshi’s official Instagram account (@namshi); and
220.127.116.11. upload an image of themselves to their Instagram account, with an accompanying caption (up to 150 words) stating reasons the Entrant should win a Prize (defined below). The caption must include the use of the hashtag “#NamshiTalent” and tag “@namshi”
2.3.2. The second stage (“Stage 2”) will commence at 09:30 GST on Sunday 12 May 2019 at and will end at 12:00 GST on 21 May 2019. During Stage 2, the Judges will review all entries and shortlist the top 20 Entrants (the “Shortlisted Entrants”). Each of the shortlisted Entrants will be announced on Namshi’s official Instagram account (@namshi) at 15:00 GST on Sunday 12 May 2019 and will be contacted by Namshi via Instagram direct message. The Shortlisted Entrants will have until 12:00 GST on Monday 13 May 2019 to reply to the message to confirm their email address and mobile number. If no response is received by Namshi by 12:00 GST on Monday 13 May 2019, Namshi reserves the right to reach out to another profile. The Namshi Team will contact the Shortlisted Entrants by email within 24 hours, asking the Shortlisted Entrants to create a video of a maximum 1-minute in length) (the “Content”). The Content will have to be in the Arabic or English language and in the format specified by the Namshi Team. Each Shortlisted Entrant must submit the Content to Namshi by 12:00 GST on Monday 20 May 2019.
2.3.3. The third stage (“Stage 3”) will commence on Tuesday 28 May 2019 and end on Tuesday 11 June 2019. The Content will be made available to the public and uploaded on to some or all Namshi Digital Channels. Users of the Namshi application and website will be able to vote for their favourite video. Only one vote per person will be permitted.
2.3.4. The fourth stage (‘Stage 4”) will commence at on Thursday 13 June 2019 and end on Sunday 16 June 2019. Votes from the public will be counted and the top 10 Entries will be ranked by the number of votes. Each Judge will also submit a ranking of the top 10 Entries based on their personal choice. The public and Judges’ ranking will be combined to determine the top 6 Entrants. The top 6 Entrants will move forward to the final round, a conference-call interview with the judges.
In case of a tie, the Judges will reserve the right to make the final decision. The 6 shortlisted Entrants will be contacted by 12:00 GST Thursday 13th June by 12 pm and will have until 12:00 GST on Friday 14th June to reply, confirming their participation for the conference-call interview on Sunday 16th June (the exact time of which will be confirmed by email directly to each Entrant). After conducting each interview, the judges will make their final decision to select three (3) winners (the “Winners”) who will win the Prize.
2.3.5. The fifth stage (“Stage 5”) will commence on Monday 17 June 2019 and end on Thursday 20 June 2019. On Monday 17 June 2019, the Namshi Team will contact the Winners confirming their selection. A confirmation email (the “Confirmation Email”) will be sent on Monday 17 June 2019 and each Winner will have twelve (12) hours from receipt of the email to accept or refuse the Prize. If a Winner does not respond to the Confirmation Email or does not accept the Prize, the Judges reserve the right to further attempt to contact the Winner and/or withdraw the Prize from the Winner and offer the Prize to another Shortlisted Entrant. The Winners will officially be announced via the Namshi Digital Channels at 12:00 GST on Thursday 20 June 2019.
2.4. The dates and times of the stages listed above (2.3.) are subject to change at the Namshi Team’s sole discretion.
2.5 The Judges reserve the right to shortlist further Entrants at Stage 2 and Stage 4 in case no response received from one or more Entrants originally shortlisted.
2.6. Namshi will promote the Competition across various marketing channels including the Namshi Digital Channels.
2.7. All Entrants (including the Winners) must comply with any reasonable directions given to him or her by Namshi in connection with the Competition. Failure to comply with such directions may result in an invalid Entry and/or withdrawal of the Prize.
3. The Prize:
3.1. Each prize (the “Prize”) will consist of each of the following:
3.1.1. a 12-month contract entered into between a Winner and Namshi (the “Namshi Creator Contract”). The contract will be sent to each Winner, stating certain obligations upon the Winner including but not limited to creating content to be used by Namshi on Namshi Digital Channels on a monthly basis;
3.1.2. monthly delivery to a Winner’s address of a box (the “Namshi Box”). The Namshi Box be delivered to the Winner by the 18th of each month and will contain certain products, information and a brief governing the content to be created as per the Namshi Creator Contract; and
3.1.3. 2000 AED/SAR worth of monthly Namshi credit redeemable credited by the 26th of each month (the “Namshi Credit”).
3.2. Each Winner will be referred to by Namshi as a ‘Namshi Creator’ after having formally accepted the Prize on Monday 17 June 2019.
3.3. Namshi reserves the right to revoke any Prizes a Winner is eligible to claim and terminate the Namshi Creator Contract and any relationship it maintains with a Winner.
3.4. The Prize is non-negotiable, non-transferable and non-refundable and the Winners cannot request any alternative prize.
3.6. The Prize, and specifically the Namshi Creator Contract, does not constitute any form of an employment contract between Namshi and a Winner.
3.7. If the Prize is declined by the Winner or is withdrawn from the Winner by Namshi under these Terms and Conditions, the declining or forfeiting Winner will continue to be subject to the provisions of these Terms and Conditions and Namshi may offer that Prize to a new Winner selected at the Judges’ discretion in accordance with this clause 3.
4. Winner publicity:
4.1. Namshi reserves the right to publish the Winners’ name, photo and, within the duration of the Namshi Creator Contract, their produced content, as required as part of their deliverables, on all Namshi Digital Channels.
4.2. Namshi reserves the right to disclose the names of each Winner in response to requests submitted under clause 6.2.
4.3. By entering the Competition, Winners 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.
4.4 The Winner hereby assigns to Namshi 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 Namshi 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).
5. Entry requirements:
5.1. Any Entry that is deemed by Namshi, 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 Namshi 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).
5.2. Namshi will fully cooperate with any law enforcement authorities or court order requesting or directing Namshi 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.
5.3 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.
5.4. 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.
5.5. By entering the Competition, each Entrant hereby fully and voluntarily agrees to their Entry (including identity and photo) being published and used by Namshi as its own discretion. Each Entrant also agrees to take part in and co-operate fully with all reasonable publicity accompanying or resulting from this Competition without any claim or further recompense.
6.1. Except for death or personal injury caused by the negligence of Namshi or its agents or representatives or for fraud or fraudulent misrepresentation, neither Namshi, nor its agents or representatives or Namshi’s affiliates or their employees, directors or officers assume responsibility for:
6.1.1. any Prize that is not redeemed;
6.1.2. any personal property;
6.1.3. any loss of enjoyment or wasted expenditure;
6.1.4. any system failures or malfunctions of any third-party websites;
6.1.5. any incomplete, lost, delayed or late Entries;
6.1.6. any failure to fulfil the obligations of any third parties involved in this Competition;
6.1.7. any fault, malfunction, damage, loss or disappointment suffered by the Entrants in the Competition howsoever arising from participating in the Competition;
6.1.8. communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of this Competition;
6.1.9. inaccessibility or unavailability of the internet, or any website (including without limitation any social media web sites) or any combination thereof through dial up, broadband, mobile internet or WAP connections;
6.1.10. any injury or damage to an Entrant which may be related to or arising from the Competition or the Prize;
6.1.11. 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
6.1.12. any other matter outside of their reasonable control.
6.2. Nothing in these Terms and Conditions affects the Entrant’s or Winner’s statutory rights.
6.3. 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.
6.4. Each Entrant and Winner agrees to indemnify and keep indemnified Namshi, 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:
6.4.1. their Entry into this Competition and any acts done by them to participate; and/or
6.4.2. their receipt and use of any Prize.
7.1. Namshi 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 Namshi.
7.2. By entering the Competition, Entrants accept these Terms and Conditions.
7.3. Any person who provides their Details to Namshi in connection with this Competition:
7.3.1. accepts these Terms and Conditions; and
7.3.2. agrees that Namshi 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.
7.5. Namshi 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 Namshi shall have complete discretion in this respect.
7.6. No responsibility can be accepted for lost Entries or incomplete Entries. Proof of Entry is not proof of receipt.
7.7. 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.
7.8. 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 Namshi.
7.9. 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.
7.10. 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.
7.11. Any dispute shall be governed by Dubai law and the Dubai Courts shall have exclusive jurisdiction.