Gymshark 66 - Terms and Conditions 20/21

GYMSHARK 66 - TERMS AND CONDITIONS

26 NOVEMBER 2020

By taking part in the competitions, you agree to be bound by these terms and conditions together with any specific instructions and terms for the competitions which may be mentioned in any of our social media posts, electronic messages, on the #Gymshark66 webpage http://66.gymshark.com/, or communicated to you in any other way.

1. THE COMPETITIONS
   • Promoter is Gymshark Ltd of GSHQ Blythe Valley Park, 3 Central Boulevard, Solihull, United Kingdom, B90 8AB (“we”, “us”, “our”).
   • They say it takes 66 days to form a habit. We believe it takes 66 days to change your life for the better. Well, it’s time to test the theory.
   • The competitions are free to enter and no purchase is necessary.
   • You may participate in as many of the competitions as you wish within the opening and closing dates for each competition as set out below. You do not need to have entered the #Gymshark66 personal journey competition to take part in the #Gymshark66 weekly challenge competitions, and if you have entered the #Gymshark66 personal journey competition you do not have to take part in any of the #Gymshark66 weekly challenges.
   • Choose one of the following social media platforms for all of your posts in connection with the competitions: Instagram, Twitter or the Gymshark Community Group Facebook Page.
   • The competitions are in no way sponsored, endorsed, administered by or associated with Instagram, Twitter or Facebook.
   • Only one entry on one social media platform will be accepted per person. Multiple entries from the same person will be disqualified. Your chosen Instagram or Twitter account must be public.
   • See below for details of the competitions, number of prizes, opening and closing dates and times, along with the dates on which winners will be announced:

#Gymshark66 Personal Journey Competition

#Gymshark66 Challenge Competitions

2. HOW TO ENTER
   • #Gymshark66 personal journey competition:

To enter the #Gymshark66 personal journey competition you must:

• make your personal journey pledge (i.e. what you undertake to achieve during #Gymshark66) between 8 – 31 December 2020 by taking a photo of yourself between 8 – 31 December 2020 holding up a #Gymshark66 pledge card (if you have one) or a sign which states the date, your pledge and #Gymshark66 on it;
• post your pledge and the photo to the main feed on your Instagram or Twitter account or the Gymshark Community Group Facebook Page by 23:59pm GMT on 31 December 2020, with the tag @Gymsharkand the hashtag #Gymshark66;
• during the #Gymshark66 personal journey competition, post a minimum of 2 times per week on the main feed of your chosen social media account to demonstrate what you are doing to achieve your pledge. You may document your journey as you please, for example, through videos or progress pictures. Please use the tag @Gymsharkand the hashtag #Gymshark66 on all of your posts; and
• take a final #Gymshark66 photo of yourself on 7^th March 2021 holding up your #Gymshark66 pledge card (if you have one) or a sign which states the date and #Gymshark66 on it, and upload the photo on your chosen social media account by 23:59 GMT on 7^th March 2021, with the tag @Gymsharkand the hashtag #Gymshark66.

• #Gymshark66 weekly challenge competitions:
  • On and from 1^st January 2021, we will announce a total of 9 #Gymshark66 weekly challenge competitions every Friday at 09:00am GMT on our Instagram account @Gymshark, our Twitter account @Gymshark, and the Gymshark Community Group Facebook Page. You do not have to enter the #Gymshark66 weekly challenge competitions to remain part of the #Gymshark66 personal journey competition provided you have fulfilled the requirements of condition 1 above.
  • You may enter as many #Gymshark66 weekly challenge competitions as you wish. You do not need to have entered the #Gymshark66 personal journey competition to take part in the #Gymshark66 weekly challenge competitions. To enter a #Gymshark66 weekly challenge competition you must post photos or videos which show you participating in the challenge a minimum of two times between the challenge opening date and closing date, such posts must include any challenge specific hashtag prescribed by us and be posted to the main feed of your chosen social media account.
• Posts that are late, lost, delayed, misdirected, incomplete or cannot be delivered or entered for a technical or other reason will not be accepted.
• Your pledge and posts must stay live on your chosen social media account for the duration of the #Gymshark66 competition.
• Your posts must be your original work and must not infringe the rights of third parties including but not limited to copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.

3. ELIGIBILITY
   • Entrants must be aged 18 years or over to participate in the competitions.
   • We reserve the right to ask any winners to provide proof of age.
   • Our employees (and their immediate family) and those of our group companies, or anyone directly associated with us or the administration of the competitions, are not eligible to enter the competitions.
   • Entrants must have a valid email address and valid Instagram, Twitter or Facebook account to participate in the competitions.
   • Entrants must also reside within countries eligible to receive deliveries from us – if you reside within a country in which we cannot deliver, you are ineligible to participate in the competitions. You can find this information here.
   • We reserve all rights (at our sole discretion) to decide if the eligibility criteria is met and/or to disqualify you from the competitions if your conduct is contrary to the spirit or intention of the competitions.
   • In entering the competitions, you confirm that you are eligible to do so and eligible to claim any prize you may win.
4. PRIZES
   • The prizes are as follows:

• Any prizes which require a winner to travel will take place between April 2021 and March 2022 and will be strictly subject to any travel restrictions relating to the current Covid-19 pandemic and/or any other related or similar pandemic and/or local, national and/or global government lockdown restrictions imposed by a competent or relevant authority (such as the World Health Organisation or appropriate government department).
• Prizes are personal to the winner and can’t be gifted, transferred or sold and no cash or other alternative is offered.
• Prizes are subject to winner confirmation (i.e. we can contact the winner and can confirm eligibility).
• We reserve the right to replace any prize with an alternative prize of equal or higher value if circumstances beyond our control make it necessary to do so.

5. HOW ARE WINNERS SELECTED?
   • The competition entries will be shortlisted within Gymshark HQ and judged by a panel of judges. The judges will assess the shortlisted entries and select winners who have:
     • showed creativity and originality in their posts;
     • genuinely formed a positive habit and/or changed their life in a positive way;
     • demonstrated that no matter what (past the highs, lows, challenges or otherwise), you can always achieve your goals regardless of what they may be;
     • inspired others to take on positive challenges; and
     • uplifted and motivated others throughout #Gymshark66.
   • The decision of the panel of judges will be final. No correspondence regarding the results will be entered into.
   • The winners will be notified via direct message to their social media account shortly following the closing times and dates specified in condition 8 above.
   • If a winner does not respond to the direct message within 24 hours of being notified by us, then they will forfeit their prize and a replacement winner or runner-up will be selected from the other shortlisted entrants.
   • We must either publish or make available information that indicates that a valid award took place. The #Gymshark66 winners will be announced on Instagram, Twitter and the Gymshark Community Group Facebook Page by the announcement time and date specified in condition 8 above. All other prize winners will be named on our blog, Gymshark Central. We will also send the surname and county of prize winners to anyone who emails a request to socialcomps@gymshark.com within 1 month after the closing date of the relevant competition as specified in condition 1.8 above.
   • If you have an objection to any or all of your surname and county being made available or your name being announced on social media platforms or on our blog please email us at socialcomps@gymshark.com. In such circumstances, we must still provide the information to the relevant authority on request.
   • If you are a winner, your pledge and posts must stay live on your chosen social media account for the duration of the #Gymshark66 competition and for 12 months thereafter.
   • We reserve the right to withdraw the prize (or any part of it) if a winner breaches any of the terms in these terms and conditions or if they are found to have acted in a dishonest or fraudulent manner.
6. PUBLICITY & DATA PROTECTION
   • If you are a winner, we would love to shout about it and get you involved in any publicity and/or events that we have planned. We will contact you with further details.
   • Entrants agree that we (or any third party nominated by us) may in our sole discretion use their name, image, any relevant photographs, video or audio footage of them and comments relating to the prize and their experience for future promotional, marketing and publicity purposes in any media worldwide, without notice and without any fee being paid.  
   • We will only process your personal data in accordance with our Privacy Notice and as set out in these terms and conditions with regard to the announcement of winners and fulfilment, delivery and arrangement of prizes.
7. INTELLECTUAL PROPERTY RIGHTS
   • By taking part in the competitions you:
     • grant us (and our affiliates) a royalty-free, perpetual, irrevocable, non-exclusive, sub-licensable, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and exercise all publicity rights with respect to any text, photographs, graphics, video, audio or any other materials that you post in relation to the competitions (including as part of the entry process, participation in the competitions or as part of a prize, or if you tag or mention @Gymshark, #Gymshark66 or any Gymshark66 challenge specific hashtag in any such content), in connection with the marketing, publicity and/or advertisement of the competitions and/or our #Gymshark66 campaign(s) from time to time in any media now known or later developed and for internal non-commercial purposes; and
     • waive all moral rights contained in your pledge and/or posts in connection with the competitions to which you may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.

8. LIMITATION OF LIABILITY

Insofar as is permitted by law, we, our affiliates, agents, distributors, representatives and/or employees will not in any circumstances be responsible or liable to compensate any winner or accept liability for any loss, damage, personal injury or death occurring as a result of you taking part in any of the competitions and/or taking up the prize except where it is caused by our negligence or the negligence of our affiliates, agents, distributors, representatives and/or that of our employees. Your statutory rights are not affected.

9. GOVERNING LAW & JURISDICTION
   • These terms and conditions will be governed by laws of England and Wales.
   • We and you each agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.
10. PREVAILING LANGUAGE

The English language version of these terms and conditions will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any.