Terms and Conditions – Umbro 2018 Video Competition ("the Competition")

  1. The Competition

    1. Entrants to the Competition are bound by these terms and conditions and any other terms of entry or instructions published on http://www.umbro.com, http://www.twitter.com/umbro or http://www.facebook.com/umbro, which may be varied from time to time (the "Terms and Conditions of Entry").
    2. The Competition will run from 9am on 20 May 2010 until 5pm on 30 September 2010.

  2. The Promoter

    The promoter of the Competition is Umbro International Limited (company number 00198168) whose registered office is Umbro House, Lakeside, Cheadle, Cheshire SK8 3GQ ("Umbro").

  3. Entry Conditions

    1. To enter the Competition, an entrant (the "Entrant") must (i) upload a video onto youtube setting out why the Entrant believes England should win the 2018 World Cup bid (the "Entry"); (ii) add a link to the Competition page on either Facebook or Twitter; and (iii) submit such personal details to Umbro (including the Entrant's contact details) as Umbro may require. Please note that, whilst Entrant is able to determine the duration of their video uploaded onto youtube, only the first 18 seconds will be entered into the Competition.
    2. Incomplete or illegible entries, or those that are not submitted in accordance with the Terms and Conditions of Entry, will be invalid and not considered by Umbro.
    3. Umbro will not consider any entry received outside the duration of the Competition and any such entrant will not be eligible for a Prize.
    4. The following persons are not eligible to enter the Competition: (i) employees of any business involved or associated with the Competition (including, without limitation, Umbro and Promotion Parties (as defined below)) and (ii) any such person's family or household members. Umbro reserves the right to verify the eligibility of all Entrants.
    5. The Competition is open to UK residents over the age of 18 only.

  4. Warranties

    The Entrant and Contributor (as defined below), as the case may be, warrants and represents that:

    1. each Entry is their own original work product and has been created lawfully;
    2. each Entry does not infringe the intellectual property rights, privacy or publicity rights or any other legal or moral rights of any third party, or violate any applicable laws or regulations;
    3. they own all rights to each of their Entries and all elements of them, including, without limitation, all intellectual property rights;
    4. any information submitted or supplied to Umbro or any other third party in relation to the Competition is provided truthfully and accurately;
    5. each person or entity whose name, image, likeness or words (collectively, “Likeness”) is included in any of the Entries has granted the Entrant all necessary rights to use his, her or its Likeness (including, without limitation, the right to grant to Umbro all the rights set out in 5(c)); and
    6. the Entrant can make written copies of the grant of rights referred to at (e) above available to Umbro on request.

  5. Intellectual Property

    1. The Entrant acknowledges and agrees that the Entry, information and data provided by the Entrant in the Entry and any other information and data provided by the Entrant to Umbro or any other third party in relation to the Competition may be used by Umbro, and such use shall include without limitation the display of the Entry at http://www.umbro.com, http://www.facebook.com/umbro and http://www.twitter.com/umbro, http://www.youtube.com and any other website owned or run by Umbro or any of its parents, subsidiaries, affiliates, legal representatives, assigns, agents, contractors and licensees (“Promotion Parties”).
    2. If any group of individuals elects to collaborate on an Entry (a “Joint Entry”), the group is required to designate one representative as the Entrant. In the case of a Joint Entry, all persons who contributed content, material, ideas or work product in the creation of the Joint Entry (the “Contributors”) shall be made aware of and agree to be bound by these Terms and Conditions of Entry. The designated Entrant only for a winning Joint Entry shall receive a Prize, and Umbro shall bear no responsibility for any disputes between or among Contributors related to a Joint Entry or any prize awarded for a Joint Entry.
    3. The Entrant and the Contributors as appropriate:
      1. grant to Umbro and its Promotion Parties the non-exclusive, unconditional, perpetual and irrevocable right and licence to reproduce, encode, edit, store, record, distribute, make derivative works of, merchandise, license, sublicense, adapt and modify, copy, transmit, publish, post, broadcast, display, publicly perform, exhibit, or otherwise use or reuse (without limitation as to when or to the number of times used), their Entry and any part of it, including, without limitation, the video, images and wording contained in it (in each case, as submitted or as modified in any way by Umbro, in its sole discretion), as well as
        2. to use the Entrant’s name, likeness, and statements regarding their participation in the Competition (with or without using the Entrant’s name) in all media whether now known or invented in the future, without limitation as to time or territory, and without compensation or approval from the Entrant or any other party; and
      2. waive all intellectual property rights, privacy or publicity rights or other legal or moral rights that might preclude Umbro’s or its Promotion Parties’ use of the Entry, and agree not to sue or assert any claim against Umbro or its Promotion Parties for the use of the Entry, Likeness or statements.
    4. Each Entrant confirms and agrees that they will not publish or post to any website or other media operated by Umbro or a Promotion Partner, or related to the Competition, any text, statement, photograph, image or other material which is obscene, defamatory, infringes the intellectual property or other legal rights of Umbro or any third party or is otherwise unlawful, offensive or inappropriate. Umbro will have the right to remove any material at its discretion and take appropriate legal action against any person found to be or alleged to be in breach of this clause 5(d).
    5. The term “Umbro” is a registered trade mark and Entrant acknowledges and agrees that the trade mark cannot be copied or used in any way without the prior written consent of Umbro.
    6. No purchase is required or accepted as a condition of participating in the Competition. Participation in the Competition is free.

  6. The Prize

    1. Two winning Entrants will be selected at the end of the Competition (each a “Winner”). The first Winner will be the Entrant whose Entry receives the greatest number of ‘Likes’ on Facebook between 9am on 20 May 2010 and 5pm on 30 September 2010. The second Winner will be the Entrant whose Entry receives the greatest number of tweets mentioned the URL of the Entry on Twitter between 9am on 20 May 2010 and 5pm on 30 September 2010.
    2. Each Winner will receive (i) an expenses paid trip for two people to watch the senior men’s England football team play at Wembley Stadium in or around September 2010 (the “Match”) and (ii) an England football team shirt signed by members of the senior men’s England football team (together, the “Prize”).
    3. For the purposes of 6(b), ‘expenses’ shall mean standard class rail travel (UK domestic only) for two people to and from Wembley Stadium and reasonable subsistence expenses incurred by them to attend the Match, the total of which shall not exceed £200.
    4. No costs or expenses incurred in relation to the Competition or the Prize, save as set out at 6(b) and (c), will be paid.
    5. Weekly spot prizes (such as an England drill top) will also be awarded by Umbro to the Entrant who Umbro deems (at its sole discretion) to be the best or most suitable recipient of a prize for that week.
    6. In addition, Entrants will be entered into a weekly free prize draw whereby Umbro will select an Entrant at random to receive a prize.
    7. No cash alternative will be offered. Prizes are not transferable to any other person or persons.
    8. In the event of unforeseen circumstances, Umbro reserves the right to offer an alternative prize of equal or greater value.
    9. If for any reason the Competition becomes unfair or corrupt by reason of unauthorised intervention, fraud or any other cause (including, without limitation, a breach of these Terms and Conditions of Entry) which, in the sole opinion of Umbro, may affect the administration, security, fairness, integrity or proper conduct of the Competition, Umbro reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Competition or disqualify any Entrant or Entry.

  7. Notification of Winner and distribution of the prize

    1. The adjudicator’s decision is final and no correspondence will be entered into other than with the Winners.
    2. The name of the Winners will be available on request by sending a stamped addressed envelope to Umbro after the Competition has been concluded.
    3. Umbro shall notify (a “Notification”) each Winner using the Winner’s contact details provided pursuant to 3(a) within 10 working days of winning a prize.
    4. If any Notification is returned as undeliverable or a Winner does not respond to the Notification within the period specified in the Notification, Umbro reserves the right to select an alternative Winner to receive the Prize.

  8. Liability

    Umbro is not responsible for:

    1. any lost, late, misdirected or illegible Entry;
    2. any error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction of an Entry or any information submitted to Umbro;
    3. technical, network, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Umbro on account of technical problems or traffic congestion on the Internet or any combination; or
    4. any injury or damage to any Entrant's or any other person's computer related to or resulting from participation in the Competition.

  9. Data Protection and Privacy

    All information relating to Entrants collected by or on behalf of Umbro from which each Entrant can be identified will be recorded electronically and will be used at all times in accordance with the Data Protection Act 1998. Umbro will not disclose any such information to third parties (aside from Promotion Partners in relation to this Competition), save as expressly stated under these terms and conditions.

  10. Jurisdiction

    The Terms and Conditions of Entry shall be governed by and construed in accordance with the laws of England and Wales and the courts of England shall have exclusive jurisdiction in relation to any dispute arising therefrom.

  11. Facebook and Twitter

    1. Each Entrant and Umbro acknowledges and agrees that the Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook and/or Twitter. Neither Facebook or Twitter shall have any liability in respect of the Competition and Umbro and each Entrant releases Facebook and/or Twitter from any liability whatsoever and howsoever arising in relation to the Competition.
    2. Any questions, comments or complaints regarding the Competition are to be directed to Umbro and not to Facebook or Twitter.
    3. Each Entrant shall comply at all times with the terms of use of Facebook and Twitter in relation to the Competition and each Entrant shall indemnify and hold harmless Umbro and its officers and employees from any loss, liability, claim or demand, including legal fees, as a result of a breach of the Entrant thereof.