TomTom International B.V., incorporated under the laws of The Netherlands and having its principal place of business at De Ruijterkade 154, 1011 AC Amsterdam, the Netherlands (“TomTom”), is happy to announce the “Road Trips PND Giveaway” Competition ("Competition"). The Competition is governed by these terms and conditions (“Terms and Conditions”).
1. What is the Competition about?
This competition is for the Road Trip Winter Influencer campaign. This competition is for participants in all of the influencer’s giveaways and is meant to encourage registrations on MyDrive as well as engagement on the influencer’s posts. The participants need to create a MyDrive account and comment on the corresponding influencer’s post to have a chance to win.
Participants need to fulfil each and all the below elements to participate in the Competition:
1) Influencer will post about competition and direct people to their Secret Route link in their Bio.
2) Participant must create an account on MyDrive
3) Participant must leave comment on the corresponding post of the influencers, following the requirements set by the influencer in the post’s caption.
4) By doing so, Participants agree to the Terms and Conditions as stated in this document.
Participating in the Competition is free and open to everyone who is aged 18 years or older as of the date of entry and is a legal resident of Austria, Belgium, Croatia, Czech Republic, Denmark, Germany, Finland, France, Ireland, Luxembourg, Netherlands, Norway, Poland, Portugal, Slovakia, Spain, Sweden, Switzerland, and United Kingdom.
TomTom Employees and immediate family members (defined as spouse, child, mother, father, grandparent, grandchild, brother, sister, including by adoption or marriage (e.g. a step-sibling) and the spouse of any of the foregoing) of employees of any business that is involved or associated with the Competition (including TomTom and its affiliated companies) are not eligible for the Competition. TomTom reserves the right to verify the eligibility of all Participants.
3. How to Participate
No purchase is necessary in order to enter or win this Competition. A Purchase will not increase your chances of winning. There is no fee charged to enter the Competition other than the cost of you accessing the internet.
Participants must comment on an influencer’s post, as well as create a valid MyDrive account. Valid submissions will be reviewed by TomTom.
Participants may not include information on the registration forms that is partly or as a whole unlawful, offensive, inappropriate or contrary to good morals or denigrating to TomTom or the Competition. TomTom will have the sole discretion to reject or remove registration forms submitted by Participants that do not comply with this paragraph or the spirit of the Competition.
4. Prize Selection
A winning entry will be selected at random after the close of the competition period (21st December 2018). TomTom’s selection will be binding and final. All decisions are final without recourse to legal or administrative process. The winner(s) and winning entry will be directly message on Instagram by the TomTom’s official Instagram Account @TomTomGlobal.
The winner(s) will receive one TomTom PND with an approximate retail value (“ARV”) of up to €450 with a "Road Trip Survival Kit". The winner will be contacted via direct message and must respond within 48 hours of the message being sent. If the winner does not respond within 48 hours, the prize will be distributed to another eligible Participant. It is the winners’ responsibility to ensure that they are capable of accepting the prizes.
Winners accept that by entering any of the elements of the Competition they may be asked to take part in related publicity and promotional activities.
6. Prize Value
TomTom reserves the right to substitute a prize of comparable or higher value for the original prize in the event of prize unavailability. By accepting either the prize, the winner(s) agree to be responsible for all federal, state, provincial, local, or other applicable taxes associated with acceptance and use of the prize. The prize awarded is personal and non-transferable and cannot be redeemed for cash or credit. Where required by law, winner(s) may be required to complete applicable tax forms such as a W-9 and provide a tax payer’s identification number.
The ARV of any prize is subject to price fluctuations in the consumer marketplace based on, among other things, any lapse in time between the date the ARV is estimated for purposes of these Terms and Conditions and the date the prize is awarded or redeemed. If the actual purchase price of the prize is less than the ARV stated herein, the prize winner will not be entitled to a check, cash or other form of payment for the price difference.
7. Intellectual Property Rights
By submitting text and, if applicable, images (“Content”):
7.1 The Participant warrants to TomTom that:
i). the Participant is the sole owner of all intellectual property rights relating to the Content, in particular the copyright and any other intellectual property right relating to submitted texts. The Participant thus warrants having the full right and title to submit the Content, and that the Content is free of any rights or claims of third parties that could be asserted against the use of the Content.
7.2 The Participant agrees to indemnify and hold TomTom and its affiliated companies, its officers, directors, employees and agents harmless from any and all:
i). Losses, costs (including reasonable attorney fees) and expenses awarded against TomTom; and/or;
ii). rights or claims alleged against TomTom, arising out of or resulting from a breach of the Participant's obligations under this clause and/or in respect of claims that anything done or provided by the Participant infringes the intellectual property rights owned or asserted by third parties.
7.3 The Participant grants TomTom and its affiliated companies a worldwide, royalty-free, non-exclusive, unrestricted, transferable, sub-licensable right to use the Content in connection with the Competition, the BEAT site, and related business purposes, including for promotional activities as further described in these Terms and Conditions. This right includes, but is not limited to the permission to:
i). copy, distribute, publicly display, make publicly available and modify the Content. This includes inter alia all graphic media (like catalogues, brochures and flyers) and online media such as (internet, intranet and mobile networks) regardless of the used techniques;
ii). change, format, divide, split or combine with other logo’s and brands, also related to for instance contests or promotions from TomTom;
iii). distribute and make publicly available, notably to promote TomTom, in particular the Competition. This includes the right to use the Content for commercial purposes, in advertorials, inter alia in store and on internet, and for internal and external and promotional communication.
7.4 The Participant warrants that the entry does not infringe on the image and personality rights of persons that are recognizable in the Content.
7.5 To the extent permitted by law, the Participant unconditionally and irrevocably waives, and shall procure that any third party engaged by the Participant in the production of the Content shall unconditionally and irrevocably waive, all moral rights relating to the Content. This includes in particular, but is not limited to, the right to claim authorship and the right to object to adaptations, modifications and other changes to the Content. The Participant hereby declares that the Participant will not use any moral right to oppose, prevent or impede the acts of using the Content described under these Terms and Conditions.
8. Privacy Statement
For this Competition, TomTom may need to use information about the Participants and others, which Participants enter on Instagram. As a Participant, you need to be aware that some of the information you submit, such as photos and comments, could contain (sensitive) information about yourself and others. You need to make sure that you only submit information about others, when you have permission from them to do so. TomTom will use the information for the Competition and promotion of the Competition. TomTom will destroy all information submitted within 3 months after the close of the Competition Period, except for the information from the winner(s). TomTom will continue to use your name and email address for its own general promotional purposes, but only if you give permission.
TomTom adheres to European Union and the Global Data Privacy Regulation. Based on this, TomTom will only use your information for the purposes and duration for which it was obtained. TomTom will protect your information against misuse. TomTom will not give anyone else access to your information, unless explicitly and lawfully ordered to do so, following due process.
9. Notice and take down
All material (including, but not limited to, Content) posted to Instagram must comply with these Terms and Conditions. TomTom reserves the right at all times to take down any material TomTom considers to be unacceptable, illegal or in any other way violating the Terms and Conditions.
If you consider any material related to the Competition on Instagram to be illegal or unacceptable and wish to complain, please send an e-mail to email@example.com outlining the nature of your complaint. On receipt of your notice, TomTom will investigate the complaint and may, as a result, remove or edit the material at issue.
10. Prize Conditions and Releases
By entering and participating in the Competition, each Participant agrees on behalf of itself and each of Participant’s heirs, executors, and administrators (i) to release and hold harmless TomTom and their respective officers, directors, and employees (collectively, “Released Parties”) from any and all liability, rights claims and causes of action that entrant may have or which may arise against the Released Parties for any illness, injury, death, loss, litigation, or personal or property damage that may occur, directly or indirectly, whether caused by negligence or not, from such Participant’s participation in the Competition and/or his/her acceptance, possession, use, or misuse of the prizes or any portion thereof; (ii) that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prizes, including, without limitation, to such prize’s quality or fitness for a particular purpose; and (iii) to be bound by these Terms and Conditions and to waive any right to claim any ambiguity or error therein or in the Competition itself, and to be bound by all decisions of TomTom, which are binding and final. Failure to comply with these conditions may result in disqualification from the Competition at TomTom’s sole discretion.
Nothing in this Competition or these Terms and Conditions shall operate so as to exclude or limit the liability of TomTom which cannot be excluded or limited by law.
Although TomTom will use its best effort to arrange for a smooth operation of the Competition, TomTom shall not be liable for any damages, except in the case of willful conduct or gross negligence on the part of TomTom or TomTom’s management, that arise from the Competition in general or the use of Facebook. Participating in the Competition implies knowledge and acceptance of the characteristics and limitations of internet, inter alia technical performance, the transfer of information and data, the risk and effect of interruptions and more in general the risks that are inherent to communication through internet, such as limited data protection, malware and viruses.
It is the responsibility of the Participant to take all foreseeable and reasonable measures to protect their device and its content. Use of Facebook and participating in the Competition is at the sole responsibility of the Participant.
If a Participant wants to receive more information about the Competition, about the (distributed) prizes, about TomTom products or services or has a complaint about the Competition, the Participant can contact Customer Care via the www.tomtom.com website or by sending an email to firstname.lastname@example.org
If, for any reason, this Competition is not capable of running as planned or is in conflict with local laws of regulations TomTom reserves the right to cancel, terminate, modify or suspend all or part of the Competition without resulting in liability or any claim of damages. This includes, but is not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of TomTom.
If any provision, or part of a provision, of this Competition or these Terms and Conditions, is found by any court or authority of a competent jurisdiction to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of this Competition, and the legality, validity or enforceability of the remainder of the provisions of this Competition shall not be affected, unless otherwise required by operation of applicable law. TomTom shall carry out this Competition in compliance with the laws and regulations on promotional games of chance and skill and promotional gifts. Participants are responsible for ensuring that they comply with Facebook’s terms and conditions and any other Third-Party terms and conditions that may also apply. TomTom reserves the right to alter these Terms and Conditions at any time and in its sole discretion.
15. Choice of Law
For participating residents in the Unites States, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Participant(s) and TomTom in connection with the Competition, shall be governed by, and constructed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules. For all other participants, the Competition and these Terms and Conditions will be governed by and construed in accordance with local law of the country where the Participant is residing.
16. Permitted Assignments and Delegations
TomTom may, without notice and without the consent of Participants, assign any of its rights relating to its operation of the Competition or delegate any of its duties relating to its fulfilment of the Competition under these Terms and Conditions, if such assignment or delegation is to an affiliate of TomTom.