Terms and conditions of Sculptured 65 competition
The competition “Sculptured 65” competition (hereinafter “Competition”) is to be held exclusively online.
ECCO Shoes Pacific is a company under Australian law, with its registered offices at 2/40 Carrington Road, Castle Hill, NSW 2154 (hereinafter “ECCO”) and is the organizer of the Competition using www.ecco.com/smile/competition
TERMS AND CONDITIONS OF THE COMPETITION
Article 1 – Duration of the Competition
The Competition will be available without break from Monday August 5 until Sunday Tuesday October 8 at midnight (EST).
Article 2 - Qualified Participants
This Competition is open to any persons of age (minimum aged 18+). The following shall not be entitled to take part in the Competition:
Persons not fulfilling the minimum age, and, in any event:
a. members of the management and employees of the ECCO organization,
b. persons who have taken part in the organizations of the Competition,
c. members of their respective families of the persons mentioned under a) and b) (family, in these rules, shall be deemed to refer to persons living under the same roof).
No person is entitled to more than one (1) entry in the Competition.
Any entry contrary to the stipulations above will be deemed null and void.
Article 3 - Competition
3.1 Conditions of Participation
The Competition is entered into by registration online by filing out the registration form and correctly answering the questions.
ECCO reserves the right to make any checks that are deemed necessary to ensure that the provisions of this article and the rules in general are respected. Particular care may be taken to exclude any participant who has attempted to breach any of the rules or who has attempted any fraud. ECCO is, nonetheless, not for that reason obliged to undertake systematic checking of all the entry forms presented, but may restrict such a check to the entry form of the winner previous to any announcement of the winning entry.
3.2 Registration of Participants
In order to enter the Competition it is necessary for the participant to complete the registration form providing mandatory details of first name, last name, gender, age as well as e-mail address and country.
The participant recognizes and accepts that the information submitted in the registration form amounts to proof of his/her identity. Information submitted by the participant commits the participant once it has been authenticated. The participant undertakes to complete the registration form in good faith and to send ECCO complete and accurate information. It is the prerogative of ECCO to decide on the basis of the registration and identity of the participant.
ECCO declines all responsibility in the event of multi-referencing or inaccurate information communicated by the participant. Either eventuality will lead to the unconditional cancellation of the entry. Equally, any entry that is inexact or incomplete will not be accepted and will therefore lead to the entry being void. Multiple entries will be treated in the same manner.
If ECCO receives information or material, which cannot be used, downloaded, read, viewed, opened or it might in any other way be damaged, this material cannot enter legally into the Competition. ECCO cannot be held responsible for any material, that might get lost, delayed or damaged or the like during the process.
3.3. Selection of the Winners and the Prizes Offered
A jury, consisting of Chakira Audenaerde, Marketing Manager and Julia Nati, Marketing Coordinator will draw the winners from the Participants.
There will then be 10 winners in total, who shall have the following prize:
- One pair of ECCO Sculptured 65 shoes from the SS13 Collection
The estimated value of each prize is $209.95 (AUS).
Participants are responsible for all expenses that they may incur in relation to this competition which are not mentioned above, including any taxes and duties imposed on the winners related to the Prizes. Since the Prizes may impose tax and duties on the winners, they are advised to contact their local tax authority before they accept the Prize.
3.4 Announcement of the Results
The winners will be contacted by e-mail at the address indicated in the entry form no later than Friday October 25th. The decision of the jury cannot be contested or appealed, and possible objections against the outcome have no legal effect. The Prize cannot be substituted with cash. The Prize shall not give rise to any objection or dispute, whether it is concerning the transfer of the cash equivalent or its exchange or replacement.
3.5 Publicity and Promotion of the Winners
All participants shall accept that data transferred in the context of the Competition may be put to use by ECCO for purposes pertaining exclusively to the Competition, and in particular for publishing information relating to the winner, subject nonetheless to the rights of the participants/winners as stated in Article 5 below.
Taking part in the Competition obliges the participants to comply with these regulations and to accept them in full. The winners authorizes ECCO to publish or broadcast his/her name for purposes relating to the Competition without such publishing or broadcasting giving rise to any compensation or remuneration of any kind.
Article 4 – Abiding by the Competition Rules
ECCO reserves the right to exclude any person who fails to respect these rules or to show proof of fairness in maintaining equality of chances and rights for each participant. Any information revealed as false or void shall lead to the participant in question being unconditionally excluded from the Competition.
Article 5 – Data Protection
The personal data collected from participants during the organization of the Competition are necessary for purposes of registration and processing of entries. ECCO undertake to maintain the confidentiality of all personal data transferred by the participants during the Competition. Any person completing a registration form for the Competition has the right to access, object to, rectify and have deleted any data concerning him/her. To exercise this right, the participant shall write to ECCO Shoes Pacific, 2/40 Carrington Road, Castle Hill, NSW 2154.
Article 6 – Liabilities and Force Majeure
ECCO hereby states that, taking into account the characteristics of the Web, such as free downloading of circulated information and the difficulty, even impossibility, of controlling the use to which information might be put by 3rd parties, it may not be held responsible for any ill-intentioned or damaging use of such information that is not of its doing. ECCO is not responsible for any fraudulent use made of connection rights unless the participant can prove gross misconduct. ECCO decline any responsibility in the event of any malfunction of the Web, telephone lines, receiving equipment, preventing the Competition from running smoothly. In addition, ECCOs liability may not be invoked for any problems concerning routing, loss of e-mails or loss of postal items or conditions, including weather, preventing the trail run taking place. ECCO equally decline all liability for failures or anomalies of whatever kind affecting the hardware or software (viruses, software bugs) of the participants, their computer equipment or the data stored on that equipment or for the consequences that may ensue for their personal, professional or business activities. ECCO shall not incur any liability if, in case of force majeure or events beyond its control (in particular, technical problems, malice aforethought, pirating, etc.) which disrupt the organization and management of the Competition, it is led to terminate, extend, delay, modify or cancel the Competition. In such circumstances, it will make use of all reasonable technical means to inform participants on the Website. ECCO will make all commercially reasonable efforts to make the Competition accessible at any time on the Website without, however, being under any legal obligation to reach that goal. ECCO may interrupt access to the Website and the Competition to be found on it at any time and in particular for technical reasons, for Website maintenance, or for updating. Under no circumstances will ECCO be liable for such interruptions or their consequences. No compensation may be claimed under these headings. ECCO reserves the right to extend, modify, or cancel the Competition if circumstances so require, without it being possible to claim that it is liable on that account.
By entering into the Competition, the participant agrees to indemnify and hold harmless ECCO and its affiliates from and against any liability, loss, damage or claim arising directly or indirectly out of the participation in the Competition or resulting directly or indirectly from possession, use or misuse of any of the prizes awarded in connection with the Competition. For the avoidance of doubt, nothing in the preceding sentence is intended to limit the ECCO´s liability in respect of personal injury caused by ECCO’s negligence.
Article 7 – Interpretation of the Rules
Additions or, in case of force majeure and/or technical or legislative requirements, changes to these rules may be announced during the course of the Competition. Any difficulties regarding the interpretation or application of these rules or which are not provided for in the latter will be settled without appeal and in the last instance by ECCO, in conformity with legislation.
Article 8 – Fees for Participation
Participation in the Competition does not obligate the participants to purchase any product or service provided or manufactured by ECCO. Participation is entirely voluntary. Taking part in the Competition is voluntarily, and at the participation may be withdrawn. Please note that ECCO may monitor the email traffic data and also the content of emails for the purpose of security.
Since in the present state with respect to the supply of services and techniques, Internet access providers make free or paying connections available to Internet users, it is expressly agreed that no access to the Website may give rise to any refund, to the extent that subscribing to the services of an access provider contracted by the user for his/her own general use of the Internet and connecting to the Website and taking part in the Competition do not lead to any additional expense or outlay. ECCO has put in place the technical means necessary for proving that the Internet user has or has not taken part. It is therefore agreed that, except in the event of an obvious error, the data to be found in the ECCO database shall provide conclusive evidence regarding the details of connection times and the information resulting from data processing relating to the Competition.
Article 9 – Law and Venue
The law applicable to these regulations is the laws of Australia and in the absence of an amicable settlement, any litigation arising from this document will be submitted to ECCO´s home court as first instance venue.