DREAM COME TRUE DAY COMPETITION – TERMS AND CONDITIONS
The PROMOTER of the [Dream Come True] Competition is Namshi General Trading LLC via the operation of its website, namshi.com (“Namshi”) in Dubai, UAE.
- The Competition is open to all individuals above the age of 16 at the time of entry except:
- employees of Namshi (the “Namshi Team”) or its subsidiary companies; or
- employees of agents or suppliers of Namshi or its holding or subsidiary companies, who are professionally connected with the Competition or its administration; or
- members of the immediate family of (1.1.1) or (1.1.2) above.
- The Competition is open to all individuals above the age of 16 at the time of entry except:
(together, the “Entrants”).
- In entering the Competition, Entrants confirm that:
- it is legal for them to do so in their country of residence; and
- they are eligible to do so and eligible, and able, to claim the Prize (defined below).
- Namshi may require Entrants to provide proof that they are eligible to enter the Competition.
- Namshi will not accept competition entries that are:
- automatically generated by computer;
- completed by third parties or
- Entrants will require access to the internet to enter the Competition and require an Instagram profile.
- Entrants acknowledge that the Competition is in no way sponsored, endorsed or administered by
- The Competition & The Selection Process
2.1. The Competition will start each day at 11am (GST) on 13th January 2020.
2.2. Qualifying individuals who wish to enter the Competition (“Entrants”) must 1) Follow @Namshi and 2) Share a screenshot of their Namshi wish list. And 3) Post it on their Instagram story and tag @namshi.
2.3. Namshi will promote the Competition across Instagram
2.4. Several entries are permitted per person.
Entrants can continue to enter the Competition until 5pm.
2.6. The winner(s) will be selected throughout the day as judged by representatives from Namshi’s Content team at their sole discretion. The winners will only be reached out by DM via Instagram and Namshi will reply to their message to confirm they won their Prize.
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.
2.8. The Promoter will select at random at its sole and absolute discretion winning entries.
2.9. 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.
2.10. Namshi will reply to the Entrant’s Direct Message via Instagram to notify him/her that she/he has 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, Namshi will arrange for the Prize (as defined in Clause 3) to be sent to the Winner.
2.11. If the Winner(s) fails to provide their Details to the Promoter within 48 hours of the Promoter sending a Direct Mail via Instagram or Twitter to the Winner(s) in accordance with clause 2.2.1 or the Promoter is unable to reach the Winner on such Details, then the Promoter acting in its absolute discretion may:
2.12. make further attempts to contact the Winner; and/or withdraw the Prize from the Winner.
2.13. 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.
- The Prize:
3.1 The prize shall include the winning entrants wishlist from their entry.
3.2. The Prize will be sent to the Winner within 2 weeks of that Winner providing the Details.
3.3. The Promoter makes no guarantees as to the availability of any item.
3.4. The Prize is non-negotiable, non-transferable and non-refundable and the Winner cannot request any alternative prize (cash or otherwise).
3.5 A Winner may win a Prize only once and may not necessarily win again.
3.6 No other prize, reward, award, fee, royalty or compensation is payable to Winner in respect of Winner’s participation in the Competition.
- Winner publicity:
4.1. Namshi reserves the right to publish the Winners’ name, Instagram handle and picture on all Namshi Digital Channels.
4.2. Namshi reserves the right to disclose the names of each Winner..
4.3. By entering the Competition, Winners hereby fully and voluntarily agree to their Entry (including identity and Instagram handle).
- 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 Instagram handle) 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 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 utilised 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.