PHOGS! Red & Blue Dog Picture Competition Terms and Conditions
TERMS AND CONDITIONS FOR
COATSINK PHOGS! Red & Blue Dog Picture Competition (“COMPETITION”)
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
VOID IN PUERTO RICO AND WHERE PROHIBITED BY LAW OR REGULATIONS.
This Competition is run by Coatsink Software Limited, a company incorporated in England and Wales under registration number 07567431, (“we”, “us”, “our”) and whose registered office is located at Sunderland Software Centre, Tavistock Place, Sunderland, Tyne & Wear SR1 1PB, England, Tyne & Wear, United Kingdom. We are the ‘Promoter’ of the Competition. By entering the competition (see clause 2 below) you agree to be bound by these terms and conditions (“Ts&Cs”). Should there be a conflict between any terms referred to in any promotion materials and these Ts&Cs, these Ts&Cs take precedence.
1.1. The Competition is open to individuals lawfully resident in the USA (excluding Puerto Rico), United Kingdom, Canada, Ireland, Germany, Belgium, Norway, Sweden, Finland, Denmark, The Netherlands and Spain and France. You must be at least sixteen years old to take part, have the permission of your parent or guardian if you’re under eighteen years old and, if you don’t pay for your internet connection yourself, have the permission of whoever pays for it for you. Our employees, directors, management, licensees, contractors, affiliates, agencies associated with us, the immediate families or persons domiciled with (whether related or not) of the above listed persons, and our retailers and suppliers are not permitted to enter the Competition.
1.2. This Competition is open from 11:00:00 Eastern Standard Time on 11th November 2020 until 23:59:59 Eastern Daylight Time on 25th November. Our computer shall function as the official clock for the Competition. We will not be liable for entries lost, damaged or delayed, or for any inability to submit entries as a result of computer service, systems, software and/or server failure, error, interruption, defect or delay or any other technical malfunction, including problems with internet connectivity and/or filtering of content by any social media platform (as applicable). Entries which are late, incomplete, corrupt, garbled, inaccessible/blocked, bulk, automated, ineligible, suspected as fraudulent, submitted via programmed/automated means, do not comply with the Ts&Cs, or which in our sole discretion affect the validity or operation of this Competition will not be accepted and are void. No purchase or payment of any kind is necessary to enter or win this Competition and a purchase will not increase your chances of winning.
1.3. If you do not comply with these Ts&Cs, we may, at our absolute discretion, disqualify you and award the prize to another entrant and, if this happens after the prize has been awarded, require the return of any prize already awarded.
2. HOW TO ENTER
2.1. The Competition will be promoted at: https://twitter.com/PlayPHOGS and on our related third party and social media accounts and/or mailing lists including Facebook, Twitter, Discord and Instagram.
2.2 Only one entry per person. Joint/group/team entries are not allowed.
2.3 To enter, post your entry to Twitter, tagging @PlayPHOGS and using the hashtag #PHOGSLoveDogs. You must also be following the @PlayPHOGS account when you post your entry and continue to follow us right up until we announce the winners.
2.2. We may decide to disqualify entries should we conclude that you have engaged in repeated, egregious or blatant violations of the entry limit (or any other of these Ts&Cs, for that matter). We may acknowledge receipt of entries or we may not. If we do, that doesn’t mean that your entry is valid and we do not, it doesn’t mean you haven’t entered (it may just be that the volume of entries makes acknowledging receipt impractical).
2.3 You retain copyright in your entry but you grant permission to us to publish your entry on our social media accounts to publicise PHOGS!. You confirm that your entry was your own work, that you are the owner of the copyright in it and that in creating it you weren’t performing duties as part of your job working for your employer.
3.1. There will be three winners. One (first place) winner will receive a Nintendo Switch game console, one PHOGS! press box and a digital copy of the game upon release. One (second place) winner will receive one press box and one digital copy of the game upon release. One (third place) winner will receive a digital copy of the game upon release, a PHOGS! Plush toy and a PHOGS! pin badge and a copy of the game upon release. RRP (total RRP: $300).
If you win, we will pay the cost of posting the prize to you but you will be responsible for any customs duties and/or sales tax, if applicable. If, by the time the competition concludes, the current value of the prize is less than the estimated value stated above, we won’t be sending you the balance.
3.2. In the event that you win, any and all associated costs not specifically stated in these Ts&Cs as being covered by us are for you to pay. You will also be responsible for all applicable personal documentation (such as valid ID card and/or passport, if applicable) taxes and customs duties, if any, relating to and/or payable in respect of the prize(s).
3.3. Prizes are non-transferable and no cash alternatives will be offered. However, we reserve the right to substitute a prize (or prizes) for prizes of equal or greater value at any time should we have to withdraw a prize or prizes (in whole or in part) for any reason or should a prize or prizes become unexpectedly unavailable (in whole or in part). Prizes are subject to availability and other restrictions.
4. WINNER SELECTION AND NOTIFICATION
4.1. We will put together a panel of judges who will select the winning entries on or around 30th November 2020. The Judges will choose what they consider in their absolute discretion to be the three best entries. The criteria that the Judges use to choose those prize winning entries is entirely up to them and they have absolute discretion over their choices. The Judges will not enter into any correspondence as to the selection of the winning entries.
4.2. We will attempt to notify the winners by no later than 1st December 2020 via the social network that they used to enter. Please don’t change your profile name once you’ve entered until the winners have been notified. If you are chosen as a winner and we can’t make contact with you, we may disqualify your entry and select an alternative winner. We will not notify unsuccessful entrants.
4.3. At the very least a winner will be deemed to have forfeited the prize (and there may be further consequences or action that we take) should any of the following things happen:
4.3.1. the winner has not claimed their prize by the date specified in the winner notification;
4.3.2. the prize (or any correspondence we send to the winner about the prize such as a notification from us confirming a winning entry) is returned as undeliverable or bounces for some other reason;
4.3.3. the winner does not provide evidence to our satisfaction of identity, age, residency, or being the authorised holder of the account from which the entry was submitted within 48 hours of us requesting evidence of one or more of those things; or
4.3.4. we become convinced that the winner has failed to comply with any of these Ts&Cs .
Where any of these things happen, the Judges may select an alternative winner from the remaining eligible entrants.
4.4. The names of the winners may be obtained by sending a stamped self-addressed envelope marked “COATSINK PHOGS! Red & Blue COMPETITION” to Coatsink Software Ltd, Sunderland Software Centre, Tavistock Place, Sunderland, Tyne & Wear SR1 1PB, England. If you win, we will publish only your name (or whatever name we have for you) and no other personal information.
5. DATA PROTECTION
5.2 You have the right to access the personal data we hold about you at any time as well as the right to demand their rectification, erasure or restriction and all other rights according to the GDPR and other applicable local data protection laws. You can exercise your rights by emailing us at firstname.lastname@example.org
6.1. Subject to, where applicable, the approval of those authorities that have issued permits for the conduct of this Competition, we may in our absolute discretion modify, amend, cancel or suspend these Ts&Cs, the Competition and/or the prize(s) at any time if we deem it necessary, whether due to technical reasons or to ensure compliance with applicable laws, regulations and guidance or if circumstances arise beyond our control. It may also be necessary for us to amend these Ts&Cs, in which case we will let you know as soon as possible by making an announcement on our social media accounts. We will not be liable to you for any loss or harm you suffer as a result of our suspension of the Competition, the prizes or arising from our suspension or amendment of the Ts&Cs..
For entrants resident in Germany: In the case of cancelation of the Competition, we will, at our discretion, select the winner(s) from eligible entries received prior to the event that required such cancellation.
6.2. Subject to applicable laws and in addition to other rights or remedies available to us, we reserve the right to disqualify an entrant and/or winner in our absolute discretion. If you attempt to tamper with the Competition (including the URL) you will be disqualified.
6.3. SUBJECT ALWAYS TO CLAUSE 6.6 BELOW, NO REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS WILL APPLY TO THIS PROMOTION UNLESS THEY ARE EXPRESSLY STATED IN THESE TS&CS. WE WILL NOT BE LIABLE FOR ANY INJURIES, LOSS OR DAMAGE OF ANY KIND ARISING FROM OR IN CONNECTION WITH PARTICIPATION IN THIS COMPETITION (INCLUDING ANY DAMAGE TO THE ENTRANT’S OR ANY OTHER PERSON’S DEVICE RELATING TO OR RESULTING FROM PARTICIPATION IN, OR DOWNLOADING OF ANY MATERIALS OR SOFTWARE IN CONNECTION WITH, THIS PROMOTION) OR ACCEPTANCE, USE, MISUSE OR NON-USE OF ANY PRIZE(S) (INCLUDING ACTIVITY OR TRAVEL RELATED THERETO).
6.4 For entrants resident in Germany: We shall be fully liable for intent and gross negligence as well as for damages caused by injury to life, body or health.
(a) In an event of slight negligence, we shall be liable only for breaches of a material contractual obligation (cardinal duty). A “cardinal duty“ means an obligation the fulfilment of which makes the implementation of this Competition possible in the first place and on the fulfilment of which either we or you may generally rely.
(b) Where clause 6.4(a) applies, we shall not be liable for any lack of commercial success, lost profits and indirect damages.
(c) Liability in accordance with the above clauses 6.4(a) and (b) shall be limited to the typical, foreseeable damages.
Any potential liability on our part for any warranties and for claims based on the German Product Liability Act shall not be affected.
For entrants resident in USA (excluding Puerto Rico): UNLESS OTHERWISE PROHIBITED BY LAW, BY ENTERING, YOU AGREE TO (I) RELEASE AND HOLD US AND OUR AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, DAMAGES, LIABILITIES, JUDGMENTS, SETTLEMENTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) (“LOSSES”) OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE PROMOTION, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.
6.6. The various limitations and exclusions set out at clauses 6.3, 6.4 and 6.5 above shall apply only so far as permitted by applicable law and never to limit or exclude liability for fraud or for death and/or personal injury arising from our negligence. The various exclusions and limitations of liability set out in clauses 6.3, 6.4 and 6.5 shall, subject to appropriate alterations in the context, apply also in respect of the liability of our employees and other individuals contracted to us.
6.7. In the event that any event or action outside our control prevents or significantly hinders our ability to proceed with the Competition on the dates and in the manner described in these terms and conditions (including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war and act of terrorism), Coatsink we may cancel the Competition and restage it at another time on the same conditions. If the Competition is regulated by any applicable government body, the cancellation or recommencement of the Competition will be subject to any requirements imposed by such a body.
6.8. If for any reason this Competition is the subject of any tampering that calls into question the its legitimacy, we may take such action against any individuals we find to be involved as we see fit and we may cancel, terminate, modify or suspend the Competition subject to the requirements of any relevant government body that regulates the running of the Competition.
6.9. If, having won a prize, you have any concerns or complaints relating to the competition, the way we have administered it or about the prize itself, please contact us at email@example.com. If you’re still not happy, you should seek independent legal advice.
6.10. We accept no responsibility for any issues or loss that may be caused by your accessing / using the Website for the purposes of this competition.
6.11. Our decisions on any issue arising out of or in relation to this Competition and these Ts&Cs are final and binding and no correspondence will be entered into. Just because we choose not to enforce a certain aspect of these Ts&Cs in a certain situation does not mean we will not be free to do so in the event that the same issue arises again.
6.12. This Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook/Twitter/Instagram/Discord or any other social network involved in its administration. Entrants hereby release each such network from all responsibility and liability in respect of the Competition. By entering this Competition, you acknowledge that Facebook/Instagram/Twitter /Discord and all other social networks used in administering the Competition are websites/platforms over which we have no control. We are not responsible for (a) any issues or loss that may be caused by accessing or using your Facebook/ Instagram/Twitter/Discord or other applicable accounts for the purpose of this Competition, or (b) your inability to access, use, or successfully use his or her Facebook/Twitter/Instagram/Discord or other applicable accounts in order to participate in this Competition.
7. GOVERNING LAW
7.1 Save where clause 7.2 applies, THE PROMOTION AND THESE Ts&Cs ARE GOVERNED BY THE LAWS OF, AND SUBJECT TO THE EXCLUSIVE JURISDICTION OF, THE RELEVANT COURTS OF ENGLAND AND WALES ENTRANTS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO HIS/HER ENTRIES OR OTHERWISE RELATED TO THE PROMOTION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS, OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
For entrants resident in Quebec, Canada: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
Pour résidents du Québec, Canada: Un différend quant à l’organisation ou à la conduite d’un concours publicitaire peut être soumis à la Régie des alcools, des courses et des jeux afin qu’il soit tranché. Un différend quant à l’attribution d’un prix peut être soumis à la Régie uniquement aux fins d’une intervention pour tenter de la régler.
7.2 In some countries, consumer contracts such as this one are by law governed by the laws and the jurisdiction of the country within which the consumer is resident. If (and only if) this applies to the country where you are resident, your entry into the Competition and the application of these Ts&Cs will be governed by the laws of that country and will be subject to the jurisdiction of its courts.