COMPETITION TERMS AND CONDITIONS
We are inviting entrants to design an original helmet design for Sacha Fenestraz for use at the 2020 FUJI SPEEDWAY Super GT Round on the 28th & 29th November (“the Competition”).
By entering this Competition, you agree that:
- you meet the entry requirements for the Competition
- you have read, understood and agree to be bound by these Competition terms and conditions.
1. Who we are
- The promoter of the Competition is ADD Motorsports Limited, a company registered in England under company number 06893706 of 213 Chase Side, Southgate, London, N14 5LE
- This Competition is not endorsed by Instagram, Facebook, Twitter or any other social media channel.
2. How to Enter
- The Competition opens at 18:00hrs JST on 6th August 2020 and closes at 23:59 hrs JST on 22nd October 2020 (“Competition Period”).
- During the Competition Period, you can enter the Competition by posting your entry on your public Instagram or Twitter account with the hashtag #SachaDesign.
- You can submit a maximum of four entries submitted in accordance with these terms and conditions.
- Please ensure that you follow @sachafenestraz on the network you submit your entry on for updates on the Competition and announcements of short-listed finalists and the eventual Winner.
- We regret we cannot accept entries that are received outside of the Competition Period or are incomplete, corrupted, get lost or delayed in transit, regardless of the reason for this (e.g. equipment failure, technical malfunction, network, server, computer hardware or software failure of any kind).
- The Competition is free to enter, and no purchase or payment is necessary.
- The Competition is open to all except employees, officers or personnel of the Promoter or its agent, their families, or any third party directly associated with the Promoter or its agent or involved with the administration of the Competition.
- Entrants under 18 must get consent from their parent(s) or legal guardian(s) before entering. The parent(s) or legal guardian(s) of entrants under 18 agree to these Terms and Conditions on behalf of the entrant.
- Proof of age and identity may be required. If you are under 18, we must be able to verify that your parent or guardian has agreed to you entering and has read and agreed to these terms and conditions.
- You will be disqualified (and any Prize awarded revoked) if, in our opinion, you
i. have breached these terms and conditions; or
ii. not met or complied in full with any one or more of the requirements set out in these terms and conditions; or
iii. have provided false or misleading information or acted fraudulently or dishonestly; or
iv. have otherwise conducted yourself in an inappropriate manner that we believe is contrary to the spirit and intention of the Competition or you are associated with any such person.
4. Entry Requirements
- You must use the design-form template provided. You can download the template from https://sachafenestraz.com/helmet you can reproduce it by hand.
- Your helmet design (“Design”) must show the Design from the side, top and back.
- Your Design must be original and cannot be copied from anybody else’s work.
- Your Design must be hand drawn from scratch. You can use pens, pencils, crayons, felt-tips, paints or digital equivalents that allow you to “draw” free hand. Your Design does not need to be to a professional standard- we are very happy to receive an amateur hand drawn entry.
- Your Design must include Sacha Fenestraz's logo and a 7 drawn on both sides.
- Your Design must not contain any offensive or inappropriate images, symbols or language.
- Entries must be sent by you personally and cannot be sent in through agents or third parties.
5. Intellectual Property Rights
- In these terms and conditions “Intellectual Property Rights” means all intellectual property including but not limited to copyright and neighbouring and related rights, trade marks, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights to use and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
- The template (and all Intellectual Property Rights displayed on it) is the property of Sacha Fenestraz and its sponsors. You are permitted to use the template provided solely for the purpose of entering your original Design into this Competition and for no other purpose whatsoever.
- In submitting your Design as an entry to the Competition you confirm and warrant to us that:
i. the Design is your original work and has not been copied wholly or in part from any other source;
ii. you are the sole legal and beneficial owner of all of the Intellectual Property Rights in your Design, and you own those rights free from any charges, liens or other encumbrances;
iii. you have not previously published your Design elsewhere or granted any third party any rights to your Design or allowed any other party to use it; and
iv. the use by us or our licensees or assignees of your Design will not infringe the rights of any third party or any other laws.
- In consideration of us providing the Competition and the opportunity to win you grant to us an exclusive world-wide, sub-licensable royalty free and perpetual licence to use your Design (including the right to modify and adapt your design so that it can be made to fit a real helmet) and to use information submitted by you in your entry to publicise the Competition and for any promotion or publicity connected to it. If you are chosen as the winner of the Competition, then paragraph 5 (e) below will apply.
- If you are the winner of the Competition in consideration of your rights to the Prize (as set out in paragraph 7), you “the Winner” agree that we will own all rights to your Design and that we will be free to use and to commercially exploit it, without restriction and to transfer those rights to other third parties. Accordingly:
i. you hereby assign to the Promoter absolutely with full title guarantee all of your right, title and interest in and to the Intellectual Property Rights in your winning Design, including the right to bring, make, oppose, defend, appeal proceedings, claims or actions and obtain relief (and to retain any damages recovered) in respect of any infringement, or any other cause of action arising from ownership of the Intellectual Property Rights in the Design, whether occurring before, on, or after the date of the Competition;
ii. for the avoidance of doubt, you, the Winner acknowledge and accept that we, the Promoter have the right to incorporate your Design in any racing helmet or replica helmet, merchandise, clothing or other items which may be offered for retail sale in any territory worldwide and to use your Design for any commercial purpose;
iii. you, the Winner undertake, at our request, to bring into effect or do all acts and execute all documents which may be necessary to confirm our ownership of your Design (and the Intellectual Property Rights in your Design) and to enable us to protect, perfect, enforce or enjoy those rights; and
iv. you waive in favour of us and all of our assignees and successors in title all moral rights in the Design (i.e. the right to be identified as the author/creator of the Design and to object to its derogatory treatment) to which you may be entitled under the Copyright, Designs and Patents Act 1998 as amended from time to time and under all similar legislation from time to time in force anywhere in the world. This also means that we may edit, alter, adapt, manipulate modify your Design (or any portion of it) in any manner which we see fit.
- You agree you shall indemnify and hold harmless us and any party to whom we transfer or sub-licence the Intellectual Property Rights in your Design (the “Indemnified Parties”) against all and any loss, damages or costs sustained by the Indemnified Parties arising out of any breach by you of any of your warranties under these terms and conditions and, at the request of the Indemnified Party, you shall provide all reasonable assistance to enable the Indemnified Party to resist any claim, action or proceedings brought against the Indemnified Party as a consequence of that breach.
6. Winner selection.
- Following expiry of the Competition Period, one (1) winner of the Competition shall be selected from all valid and eligible entries by Sacha Fenestraz.
- Sacha will be asked by the Promoter to choose the design which in his discretion is the most creative and eye-catching.
- A short list of four entries will be announced before 22nd October 2020. Potential entrants being considered for the short list will be contacted in advance by a private message to the Instagram or Twitter account used by you to enter the Competition. Please ensure that you are following @SachaFenestraz on the network you submit your entry on so that you can respond promptly to your notification. You will be asked to confirm your full name, contact phone number and address (and any other details that the Promoter, in its sole discretion, may reasonably request). You will also be asked to confirm eligibility and age (and for under 18s, to provide proof of parental or guardian consent). We may ask you for some more information or background that you are happy to be included in publicity included with the publication of the short list. Any entrant contacted by us must keep this advance notification, strictly confidential. Contact by us does not mean that you will necessarily be included in the final published short list
- In the event that an entrant being contacted as a potential short-listed finalist fails for any reason to reply to the notification request sent by the Promoter by 12:00hrs JST on the 22nd October 2020 and/or fails to provide the requested information so that it is received by us by 12:00hrs GMT on the 25th October 2020, that entrant shall be disregarded and removed from the Promoter’s consideration for the short list and the Prize. The entrant shall be deemed to have immediately waived all claims he/she may have against the Promoter in respect of the Competition.
- We will not enter into correspondence with any unsuccessful entrants.
- The Winner of the Competition will be selected from among the published shortlisted entries and announced on or before the 28th November 2020. If you are contacted in advance by us, you must keep this advance notification, strictly confidential until we publicly announce the Winner.
- Our decision (and Sacha’s) regarding the Winner or any aspect of this Competition is final and binding and no further correspondence will be entered into.
- All finalists and the eventual Winner agree to take part in and co operate with a reasonable amount of publicity or other promotional activity free of charge. This includes publishing your name and usually a photograph or pre-agreed statements made by you in relation to the Competition, your entry and/or about Sacha Fenestraz for advertising and promotional purposes. You agree that you shall not publicise or give other interviews about winning or being a finalist in the Competition without our prior written consent.
- The Winner shall win the following prize (the “Prize”): one (1) invitation to the final race of Super GT as a personal guest of Sacha Fenestraz (subject to fans being able to access the circuit) (“the Prize”).
- There is no cash alternative to the Prize.
- We shall not be responsible for any expenses incurred by you as an entrant or as a finalist or the Winner or incurred by any parent or guardian (where applicable) in entering this Competition, producing your Design or collecting or enjoying the Prize
- Subject to paragraph 8(c) below, Sacha, the Promoter and its associated companies and agents shall not be liable for any damage, loss, injury, costs or expenses or disappointment or for any other liability arising from:
i. any postponement or cancellation of the Competition;
ii. any changes to, supply of or use of the Prize;
iii. any loss of the Prize in transit or inability to take up the Prize;
iv. taking part in the Competition (or not being able to take part) in the Competition;
v. entries that are submitted from jurisdictions in which this Competition is rendered unlawful; and
vi. any network, computer, hardware or software failures of any kind (including unavailability of email providers or any social network), which may restrict or delay the sending, receipt or processing of any entry or notification or for entries or notifications which are lost, damaged, delayed or unreadable.
- Nothing in these terms and conditions in any way limits the Promoter (or any other person or other party’s) liability for fraud, or for death or personal injury caused by their negligence.
- We may, at our discretion, add to, amend or vary these Competition terms and conditions from time to time, or may suspend or cancel the Competition without prior notice. Any changes or suspension or cancellation will be posted via @SachaFenestraz Instagram & Twitter accounts.
- We will use personal information about you for the purpose of administering and running the Competition and in relation to announcing short listed finalists and the eventual Winner and for exercising the rights and benefits set out in paragraph 5 (“Intellectual Property”). We will not pass on your details to third parties. We will not make public your address or personal details which are not relevant to the Competition or to the exercise of the rights and benefits granted in paragraph 5 (“Intellectual Property”). Any comments we attribute to you and any photograph or image in Competition publicity will be used with your consent. We will delete any personal information we hold for you after two years. You accept that information made public (for example if you are announced as a finalist or as the Winner, or in connection with any applications to public bodies or registers to protect or register Intellectual Property Rights) will remain publicly available after this period.
- You acknowledge that data may be processed outside of the European Economic Area and, by entering this Competition, agree to this.
- This Competition and any dispute or claim arising out of or in connection with it (including all non-contractual disputes), shall be governed by and construed in accordance with English law. By entering this Competition, you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction.