Heineken Fan Hub Competition (the “promotion”)
Terms and Conditions
1. The promotion is a competition which is run by Yahoo! UK Limited (company number 03244285), 125 Shaftesbury Avenue, London WC2H 8AD, United Kingdom ("Yahoo!") and Heineken UK Limited (Company Number SC065527), 2-4 Broadway Park, South Gyle Broadway, Edinburgh, EH12 9JZ (“Heineken”) (together “the Promoters”) as part of Heineken’s advertising campaign for the 2012 Olympic Games.
Heineken’s advertising campaign for the 2012 Olympic Games will run (i) online through the Fan Hub site located at the webpage thefanhub.co.uk, (“the Fan Hub Site”), on Yahoo!’s network of websites and on Flickr group pages as set out in Term 5.1 (“the Flickr Group”); and (ii) offline on a Heineken branded public outdoor screen at Charing Cross Station, London (“the Screen”) (“the Campaign”).
To enter the competition, you must (i) be a registered Flickr member (you can register at http://www.flickr.com if you are not an existing Flickr member; (ii) register for the promotion by accepting these terms and conditions on the Fan Hub Site; and (ii) upload an image to the Flickr Group. You may upload multiple images to the Flickr Group, with each image eligible for entry to the competition.
Further details on how images may be submitted for the promotion are set out in clause 5 and further detail of how the images may be used are described in these Terms and Conditions, particularly clause 15.
2. By entering the promotion you agree to these terms and conditions which will at that time become binding between you and the Promoters. Your participation in the promotion is in consideration for the Promoters allowing you to enter it and giving you the opportunity to win.
Promotion Entry Criteria
3. No purchase is necessary in order to enter the promotion. There is no fee charged to enter into this promotion other than the cost of you accessing the Internet which you would otherwise have.
4. You must be over 18 and a resident of the United Kingdom to enter into the promotion and receive a prize if you win. Employees of Yahoo! or Heineken or any of their group companies or its agencies associated with this promotion are not eligible to enter or participate. Entrants will be deemed be the natural person to whom the email address (provided on entry) is registered. Only one entry per person is permitted.
5. To enter the promotion, you must:
5.1. upload an image to the Heineken Flickr Group www.flickr.com/groups/HeinekenCelebrates and agree to the Flickr Group Rules and any other terms and conditions applicable to the Flickr Group; and
5.2. enter your Flickr ID and personal details on the promotion entry page at http://uk.eurosport.yahoo.com/olympics/specials/fanhub/competition/ in accordance with the instructions on the promotion entry page.
6. Images submitted by 10 September 2012 will be eligible for the promotion. Entries must be received not later than 2359 hours (UK time) on 10 September 2012 (“the Promotion Closing Date”) at which time the offer of this promotion will end. Please note, however, that the Daily Prize draw (described below) is only open until 19 August 2012, and therefore only entries received not later than 2359 hours (UK time) on 19 August 2012 will be considered for the Daily Prize draw.
Promotion Prizes and Choosing the Winners
7. There are two sets of prizes for the promotion:
7.1. a single daily prize of £20 worth of shopping vouchers redeemable at major UK retailers (“the Daily Prize”) will be awarded to each of the 28 daily winners (with each such voucher subject to its own redemption terms and conditions); and
7.2. a grand prize for the overall promotion winner of a party and for the overall promotion winner and their friends (who are over 18 years of age) in a Heineken pub which is local to the overall promotion winner, with a bar bill paid by Heineken for food and drink up to a maximum value of £2,000 (“the Grand Prize”) (further details are described in clause 14 below);
(together “the Prizes”)
8. The Daily Prize draw will take place daily for all valid entries received between 23 July 2012 and 19 August 2012. The Daily Prize winner for each Daily Prize shall be made on the day following the date which the entry was submitted. The Promoters will select the best image posted from all valid entries posted by midnight on preceding date on the Flickr Group. Accordingly, the Promoters will select a total of 28 valid entries to win the Daily Prize. To be considered the best image of the day, the relevant image should be original and engaging.
9. There will be one Grand Prize winner chosen following the end of the Campaign. The Promoters will select one Grand Prize winner at random from all the complete valid entries made until the Promotion Closing Date.
10. Any pictures used to promote the Prizes are for information only. The winners are responsible for their own travel, accommodation and subsistence in relation to the Prizes (if applicable). Winners must also comply with the Promoters’ instructions about the Grand Prize, such as how to conduct themselves while participating in the Grand Prize. There is no cash alternative in whole or in part instead of the Prizes. The Prizes are not transferrable.
11. The Promoter’s decision is final and no correspondence will be entered into. All winners will be contacted via the email address provided when entering the promotion on the date of selection as a winner and their name and hometown will be posted on the Fan Hub Site one week later. In addition, the winner of the Grand Prize will be required to have their photograph and details of the Grand Prize prominently included on the Fan Hub Site and related promotional material.
12. Every reasonable effort will be made to contact the winners. If a winner cannot be contacted within one week of the date they are selected to win the Daily Prize, or within two weeks from the Promotion Closing Date if they are the Grand Prize winner, the relevant Prize will be forfeited and may be awarded to another entrant at the Promoters’ absolute discretion.
13. Heineken will send the Daily Prize by registered post or courier to the address provided by the winner. The Promoters do not accept any responsibility for any failure by the postal service to deliver the Daily Prize or the winner's failure to accept delivery of his/her Prize.
14. After the Promoters have selected and made contact with the Grand Prize winner, the Promoter and the Grand Prize winner will select a Heineken pub which is local to the Grand Prize winner for the Grand Prize party to be hosted in. Yahoo! will liaise with the Grand Prize winner and the local Heineken pub to organise the Grand Prize party and will make the final arrangements for the Grand Prize. The Grand Prize is subject to availability at the relevant local Heineken pub and must be redeemed by no later than 30 November 2012. Certain retractions on the Heineken pub availability may also apply on weekends and bank holidays. The overall value of the Grand Prize will be based upon the number of guests at the Grand Prize Party. Heineken promotes safe drinking and will therefore only cover the cost for a maximum of three alcoholic drinks for each attendee. In addition, Heineken will only cover the value of a reasonable amount of food per person, up to a maximum of £50 each. The maximum value of the party prize will be £2,000.
User Content
15. Any images that you enter into the promotion in accordance with clause 5 or which you post or submit in relation to the promotion are User Content. As well as being visible on the Flickr Group, User Content may be also made available on the Fan Hub Site, the Yahoo! Properties and, during the period 23rd July until 19th August 2012, on the Screen. In this clause 15 "Yahoo! Property" or "Yahoo! Properties" means any and all of Yahoo!’s and/or its Affiliates’ worldwide properties, software, products, services, sites and pages, including, without limitation, those accessible in whole or in part through the Internet or through mobile devices (including mobile phones), whether presently existing or later developed, that are developed in whole or in part by or for Yahoo! or its Affiliates.
16. You represent and warrant that:
16.1. you own or control all of the rights to the User Content that you post or submit through the Flickr Group or in connection with the promotion or otherwise have the right to post such User Content;
16.2. you have permission from all people appearing in the User Content to submit it for the purposes of this Campaign and that all people appearing the User Content are 25 years of age or over;
16.3. use and posting of User Content supplied by you does not violate these Terms and Conditions and does not and will not violate any rights of, or cause injury to, any person or entity;
16.4. the User Content and Yahoo!, Heineken and any of their Affiliates’ exercise of any licence granted to them in clause 21 does not and will not result in any tort, injury, damage or harm or to any third party (including, without limitation, defamation or breach of confidentiality; or otherwise breaches any applicable laws or regulations and does not contain any elements or content which is unlawful, obscene, indecent or immoral or promotes illegal or unlawful activities; and
16.5. you agree to pay for all royalties, fees, and any other monies that are owed to any person by reason of any User Content posted by you through or in connection with the promotion.
17. You are solely responsible for the User Content that you post, store or upload through or in connection with the promotion. The Promoters reserve the right to remove, delete, screen and/or edit any User Content at any time and without notice. The Promoters may, in particular, remove or refuse to post User Content if it:
17.1. promotes or depicts excessive, irresponsible or underage consumption of alcohol or drunkenness;
17.2. suggests endorsement of the ‘Heineken’ or ‘Yahoo!’ brands by any celebrity;
17.3. contains offensive, indecent, inappropriate, obscene, pornographic, abusive, false, misrepresenting, defamatory or malicious content;
17.4. depicts anyone acting in a dangerous or irresponsible manner;
17.5. features individuals under the age of 25 years;
17.6. features another party’s branding or logo, such as the logo of another Olympics sponsor;
17.7. includes content to which someone else owns the copyright, without the requisite authorizations;
17.8. is an advertisement or solicitation of business; or
17.9. otherwise breaches these terms and conditions.
18. The Promoters do not endorse any User Content and take no responsibility and assume no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto.
19. You may undertake digital image manipulation in order to optimise an image, but adding or removing key elements of the image is not allowed. Composite or montage images, from more than one original image, are not eligible for entry into the promotion.
20. You will retain copyright and moral rights in your images.
21. By posting and/or submitting User Content through the Flickr Group and then entering your Flickr ID and personal details on the promotion entry page, or posting and/or submitting User Content in connection with, the promotion:
21.1. you grant Yahoo! its affiliates and sub-licensees a non-exclusive, worldwide, fully paid up, perpetual, irrevocable, royalty free, licence to use, copy, publish and publicly display, modify, distribute and combine with other content, the User Content in whole or in part in connection with any Yahoo! Property for the purpose of promoting the Promotion, the Fan Hub Site and the Campaign and for any associated activities.
21.2. You grant Heineken, its affiliates and sub-licensees a non-exclusive, worldwide, fully paid up, perpetual, irrevocable, royalty free, right and permission to use, copy, publish and publicly display, publicly perform, modify, distribute and combine with other content, the User Content in whole or in part in any media in connection with the Campaign including but not limited to Heineken websites, the Screen, the Fan Hub Site and for any associated activities.
Use of Personal Information
22. Your personal information will be used by Yahoo! to conduct the promotion, for participation in the Prizes and in accordance with Yahoo!'s Privacy Policy, currently located at http://privacy.yahoo.com/privacy/uk, subject to the following, which shall be in addition to the Privacy Policies:
22.1. if you are the winner of a Prize, Yahoo! may use your information collected during the promotion for marketing or promotional purposes, including using your name and likeness to announce the winners on the Yahoo! website as described above in clause 11;
22.2. your personal details will be passed on to Heineken for marketing purposes if you tick relevant the opt-in tick boxes on the Promotion entry page agreeing to receive such marketing materials; and
22.3. you agree to the processing by Yahoo! and its respective affiliates of personal information about you submitted when you enter this promotion or collected if you participate in a Prize (including without limitation information about your physical or mental health, racial or ethnic origins, religious or similar beliefs, sexual life, political opinions, trade union membership, criminal convictions or alleged criminal activity, as applicable), for the purposes and in the manner set out above or in the Yahoo! Privacy Policy (including the disclosures of such information or transfer of it to jurisdictions which may not provide the same legal protection as in the United Kingdom or the country in which you are located).
General
23. Except as otherwise required by applicable law, the Promoters are not responsible for any loss or damage associated with you entering into this promotion, the carrying out of the draw or the provision or otherwise of any aspect of any Prize or any act or omission of any other person or party, and all warranties, conditions and representations (of any kind) not expressly set out in these terms and conditions are hereby excluded.
24. The Promoters may terminate these terms and conditions, the promotion and/or any Prize if you do not comply with any of these terms and conditions or are unlikely to do so. In addition, the Promoters may terminate these terms and conditions, the promotion and/or any Prize if the Promoters decide in their absolute discretion to withdraw the promotion before any winners are notified, or thereafter if any circumstances beyond a Promoter’s reasonable control prevent or restrict a Promoter or any other person or party from providing the prize or any aspect of the Prize.
25. You agree that (unless applicable law requires otherwise) any right that you have under applicable law to cancel ends when the winners of the promotion are announced. If thereafter you cannot participate in any Prize for reasons beyond your reasonable control, you must notify the Promoters and the Promoters may in their absolute discretion give that Prize to someone else.
26. You may not assign or transfer your rights or obligations, or subcontract your obligations, under these terms and conditions, such as giving a prize to anyone else, without the Promoter’s prior written consent. Yahoo! or Heineken may assign or transfer its rights or obligations, or subcontract its obligations, under these terms and conditions without your consent.
27. Yahoo! or its licensors retain and reserves all rights in and to each website, and all aspects of the promotion and each prize, including all derivatives, developments, modifications and improvements.
28. These terms and conditions, and any instructions from Yahoo! and Heineken, constitute the entire agreement between you and the Promoters in relation to the promotion, superseding any prior agreements between you and the Promoters. Any failure or delay by the Promoters in exercising or enforcing, or partial exercise or enforcement of, any right or provision of these terms and conditions shall not constitute a waiver of such right or provision (or waive any further exercise or enforcement) or any other right or provision. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision and the other provisions of the terms and conditions will remain in full force and effect.
29. These terms and conditions and all matters arising from or in connection with them are governed by English law and the courts of England will have exclusive jurisdiction in the event of any such dispute.
30. The Promoters will only accept entries made directly by the person entering the promotion. Entries made through agents/third parties are invalid. The Promoter accepts no responsibility for lost, incomplete, illegible or delayed entries, such entries will be void. Proof of sending is not proof of receipt and promoter does not accept any responsibility for the non receipt or the late receipt of entries due to network failure or for any associated costs to entrants. No entries submitted via any other means than as described in clause 5 will be accepted. The Promoters cannot guarantee uninterrupted or secure access to the entry route.
31. The promoters are not responsible for any third party acts or omissions.