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TERMS & CONDITIONS FOR “B&G – Win a sail on the Oyster 495”

ORGANISED AND HELD BY NAVICO UK Ltd

This competition (the “Competition”) is subject to the following Terms and Conditions (“Terms”) and by entering the Competition you agree to be bound by them.

Navico UK limited ( “Navico”)  reserves all rights, acting reasonably and in accordance with all relevant legislations and codes of practice to vary these Terms as necessary.

 

  1. COMPETITION ENTRY

1.1               By entering this Competition, you warrant to Navico that all information submitted by you for the purpose of entering the Competition ( “Entry”) is true, accurate, complete, genuine and compliant with all relevant laws and this Terms in every aspect. 

1.2               Navico reserves the right to verify any information you provided in connection with your Entry and disqualify your application at its sole discretion in case found them incorrect or incompatible with the laws or these Terms.

1.3               This Competition is open to all participants aged 18 and above as of the date of the Entry. The Competition is only open to legal residents of the UK and is void where prohibited by law.

1.4               If you are under the age of 18 and you wish to participate in this Competition, you must have permission from your parent or guardian to enter the Competition. By completing the Entry form and submitting an Entry for the Competition, your parent, guardian or carer is deemed to have given such consent and to agree to the Terms of the Competition as described in these Terms.

1.5               Employees of Navico, their affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees or anyone who directly involved with the Competition and judging , including their families and relatives, are not eligible to participate in the Competition.

1.6               Entries will be accepted online starting on the 3rd>19th September All online entries must be received by the 19th September  00:01 your local time.

  1. HOW TO ENTER THE COMPETITION:

2.1   Visit the Competition entry page on B&G.com by clicking on its relevant link at: https://www.bandg.com/en-gb/sail-with-oyster-495/

2.2   Fill in the required fields in the online form;

2.3   Click “ENTER competition”;

2.4   Your Entry must be submitted digitally either via the provided link on the B&G Website or through our Facebook or Instagram page. No other form of entry will be acceptable.

2.5   By accepting these Terms and Enter to this Competition you confirm and warrant that you have all permissions in accordance with clause 7.7 and you will indemnify Navico , its affiliates, employees, officers, and partners against any claims made by any third parties in respect of such infringement.

2.6   If you attempt to use fraudulent methods, try to log in via different devices or in any way attempt to circumvent the rules of the Competition, all your submissions may be removed from the contest and you will be disqualified at the sole discretion of Navico.

2.7   If you fail to complete the submission Entry specification as per the provision 7 of these Terms or are in breach of these Terms, you will be disqualified from the Competition.

  1. ENTRY SPECIFICATION

3.1   Navico reserves the right to remove or refuse any entries from the Competition for any reason including but not limited to violating these Terms, not meeting or following the competition entry rules or requirements, fraud, any virus or bug attacks, non-authorized human intervention, security, fairness or proper conduct of the Competition or the participants or where Navico is ordered by a court order or prohibited under relevant laws.

  1. JUDGING AND WINNER SELECTION

4.1   Winners to be selected by random prize draw.

4.2   When the winners are selected, which has met all the Entry requirements, the owner (“Winner”) will be announced and contacted.

4.3   Winners will be notified via Facebook OR via the submitted email address that they entered into the Competition with within 24 hours following selection of Winners.

4.4   Navico shall have no liability for Winner’s failure to receive notices due to spam, junk email or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information.

4.5   In the event the Winner cannot be contacted via its Facebook page or the provided email address, or fails to acknowledge the prize notification receipt within 72 hours from the time award notification was sent, then they will be deemed disqualified and the Prize may be forfeited and an alternate Winner selected.

4.6   Receipt by Winner of the Prize offered in this Competition is conditional upon compliance with any local laws, COVID restrictions and protocols, and these Terms.

4.7   Any violation of these official Competition’s Terms will result in Winner’s disqualification as Winner of the Competition and all privileges as Winner will be immediately terminated.

4.8 If the winner cannot make the specific date provided by Oyster a new winner will be selected.

  1. THE PRIZE

 5.1     the full prize for the Winner of this Competition is:

-Sailing day on the Oyster 495 – date depicted by Oyster, for competition winner and 1 person.

-B&G Jacket, bottle and cap for 2 people.

5.2   The specifics of the Prize shall be solely determined by Navico;

5.3   No cash or other Prize substitution shall be permitted;

5.4   The Prize is non-transferrable, non-exchangeable and non-refundable;

 5.5   No substitution of the Prize to others or request for the cash equivalent by the Winner is permitted.

  1. INDEMNITY AND LIMITATION OF LIABILITY

6.1   To the maximum extent permitted by law, Navico excludes its liability for any loss, damage, injury, cost or expense suffered by you, whether directly or indirectly and howsoever caused, in connection with the Competition, Entry or use of the Prize. Nothing in this Terms shall exclude Navico liability for death or personal injury arising from Navico’s own negligence or any other liability that cannot, as matter of law, be excluded.

6.2   You agree to indemnify Navico, its affiliates, subsidiaries, parties, employees, officers,  and keep them all indemnified against any loss, damage, injury, cost or expense including reasonable legal fees, as a result of your Entry in the Competition, including but not limited to any claim of intellectual property rights made by any third party.

6.3   Navico and its organiser’s parties do not accept any responsibility for Entry’s loss, damage, or delay whether due to transmission errors, website malfunctions, computer error, third party application error in any way or form or otherwise to any intellectual property rights or data protection.

6.4   Participants and Winner agree to their winning pictures appearing in the Navico social media accounts, which may be its Facebook, website, twitter, LinkedIn, or any other social medias.

6.5   By submitting an Entry in the Competition and subject to applicability, you grant to Navico a non-exclusive royalty-free worldwide commercial licence unlimited in time, to use the Entry or images as result of this Competition (whether or not it wins the Competition) in all formats and in any medium of communication, and for all promotional purposes which Navico shall consider appropriate. You represent and warrant to Navico and its affiliates, with the intention that Navico or its affiliates shall rely on such representation and warranty, that each of your Entries is original, and that you own each of them exclusively and have the right, without the permission of any other person or legal entity, to license to Navico and its affiliates the rights in the Entry for all the purposes contemplated in these terms.

6.6   The scope of the licence granted to Navico and its affiliates in the paragraph 6.5 shall include your irrevocable permission to Navico and its affiliates to use, reproduce, publish, display, transmit, copy, amend, store, and print ( your Entry may appear on materials as we sell, e.g. cards, calendars, books, mugs, T-shirts, caps etc..).Your Entry worldwide for such purposes as Navico shall think fit without restriction.

6.7   By participating in this Competition, you agree, to the maximum extent permitted by applicable laws, to release and hold the Promoter harmless from any and all liability whatsoever for any, negligence, unlawful acts or omissions, injuries, losses or damages or consequential damages of any kind arising from participation in or in connection with the Competition. 

  1. DATA COLLECTION

7.1    Other than as set out in these Terms or for the purposes of operating the Competition, the details and information provided by the Participants at the time of Entry or Claiming the Prize will not be used for any other promotional purposes, nor shall they be passed to any third party, unless you “opt-in” and give your consent to be contacted for marketing purposes according to our Privacy Policy .

7.2   All Competition participants unconditionally agree to collection and use of their name, email address and disclosure of their country of residence in connection with Competition Entry requirements and eligibility as set out in these Terms.

7.3   We retain your data on our CRM system which will be transferred to Exponea as our service provider for the duration of the Competition only. We will not use or share your data with any other services provider or non-Navico systems.

7.4   Your data will be stored by Navico and Exponea only for the duration of the Competition and will be deleted automatically at the end of the Competition unless you have given your consent and opted-in to be contacted for our future competitions or our newsletters.

7.5   Your personal data such as name and email address will be collected, stored, and treated in line with the new Navico Privacy Policy which you can read here to learn how Navico treats your personal data.

7.6   Navico and/or its affiliates which may use Entry data for the purpose of this Competition endeavour to collect, retain or process all received data in accordance with data protection legislations which are in force in England and the EU.

7.7   Your information and personal data on our system and service provider shall be automatically removed permanently after completion of the Competition, unless you elect to be contacted for our future promotions or receive our newsletter.

7.8   We adhere to the general data privacy principles when collecting and processing personal data that require us to:

7.8.1         Only collect and process the following data to administer the draw and verify your eligibility:

  • First Name, Last Name
  • Email address.
  • Country of residence.

7.8.2         Collect and use personal data based on our legitimate interest to administer the promotion,  fairly and only for lawful and specified purposes related to our legitimate business objectives.

7.8.3         Limit our personal data collection to what is adequate, relevant, and not excessive for the intended purpose.

7.8.4         Upon your request will provide sufficient clarification about our personal data processing practices in a clear and transparent manner.

7.8.5         Ensure the accuracy of the personal data we collect, retain, and use.

7.8.6         Retain personal data only for the time needed to fulfil the established purpose. We will take all reasonable steps to destroy, or erase from our systems, all personal data that we no longer require, and follow all applicable records retention schedules and policies.

7.8.7         Secure the personal data we hold.

7.8.8         Only transfer your personal data to third party processors that help us run the Competition event, and that are bound by similar obligation with regards to the treatment of your personal data.

7.8.9         We retain your data on Navico internal CRM to administrate them for duration of the Competition and will remove them permanently immediately at the end of the Competition, unless you have “opted-in” to receive our marketing newsletter.

7.9   We will not share your personal data with any third-party or third party-provider. Your data will be used by B&G for the purpose of being contacted regarding the Prize.

7.10           We tend to retain your personal data only for duration of this Competition. After completing the Competition, you may need to enter your data again should you wish to participate in our future promotions or competition.

7.11           Should you wish us to retain your information in our database and enter into our marketing newsletter or hear about our recent promotions and deals you can “Opt-in” at the final stage before entering into the Competition.

7.12           We really do welcome any questions, comments or requests you may have regarding this privacy notice.  You can email us at DPO@Navico.com  or write to us at:

Data Protection Officer:

Navico Marine Electronics S.L.,
Muelle de Poniente 6
Edificio Panoramis,
Planta baja, Suite A
03003 Alicante
Spain

Please also use those contact details if you have any complaints about the way we have used your personal information.

7.13           If we do not deal with your complaint satisfactorily and within a reasonable timeframe, you have the right to complain to the relevant Data Protection Authority.

7.14           You have rights to request how we handle your personal data. You have right to:

  1. Request access to your personal data that we hold.
  2. Prevent our use of your personal data for direct-marketing purposes.
  3. Ask us to delete your personal data or correct inaccurate data.
  4. Prevent processing that is likely to cause damage or distress to you or anyone else.
  1. GENERAL

8.1   Navico, its affiliates or partners shall not be liable for any interruption to the Competition whether due to force majeure or other factors beyond the Promoter’s control.

8.2   Navico reserves the right, acting reasonably and in accordance with all relevant legislation and codes of practice, to vary these Terms.

8.3   Prizes are non-transferable, non-exchangeable or redeemable for cash by the Winners.

8.4   Navico, its affiliates or partners will not be responsible or liable for: (a) any failure to receive submissions due to transmission failures and other conditions beyond its reasonable control; (b) any late, lost, misrouted, or damaged transmissions or claims out of or in connection with using this Prize; (c) any computer or communications related malfunctions or failures; (d) any disruptions, losses, direct or consequential damages caused by events beyond the control of the Navico ; or (e) any printing or typographical errors in any materials associated with the Competition  or the Prize other than what has been displayed on the official Competition page.

8.5   Participants will be solely responsible for any and all applicable taxes, money exchange charges and any other relevant costs or expenses which are not stated in these Terms as included in the Prize section.

8.6   Navico reserves the right to withdraw the offer at any time at its sole discretion.

8.7   This Competition and these Terms and any dispute or claim ( including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

8.8   Navico reserves its right to update, amend or modify these Terms at any time and without the participant’s prior knowledge.

8.9   You agree to accept the decisions of Navico as final and binding as it relates to the content of this contest.

8.10    This contest is subject to all applicable English laws and regulations.