In these terms and conditions (the "Terms"), the following definitions apply:
"Promoter" means 433 B.V., Johan Huizingalaan 763a, 1066VH Amsterdam, the Netherlands, registered with the Dutch Chamber of Commerce under number 58330526. The Promoter organises and administers the Prize Draw.
"Prize Provider" means AB InBev UK Limited t/a Budweiser Brewing Group UK&I, 90 Fetter Lane, EC4A1EN, London, United Kingdom.
The Prize Provider supplies the Prize and, where indicated below, may act as joint controller of personal data.
"Prize Draw" means the promotional prize draw described in these Terms and announced in the Prize Draw Posts.
"Prize Draw Period" means the period from the Opening Date to the Closing Date, as set out in clause 4.
"Prize Draw Posts" means the posts published on the Promoter's and/or Prize Provider's approved Instagram accounts announcing and promoting the Prize Draw.
"Entry" means a submission, post, comment, tag or other content submitted by a Participant in connection with the Prize Draw.
"Participant" means an individual who enters the Prize Draw in accordance with these Terms.
The Participant retains ownership of the intellectual property rights in their Entry. By submitting an Entry, the Participant grants the Promoter and the Prize Provider a non-exclusive, royalty-free, worldwide, sub-licensable licence to use, reproduce, publish, adapt and distribute the Entry, in any media now known or later developed, for the purpose of administering the Prize Draw and for related promotional and marketing activities of the Promoter and the Prize Provider, for a period of twelve (12) months following the Closing Date.
Acceptance of a Prize does not, in itself, constitute consent to use of the winner's name, image or likeness for marketing purposes. At the time of Prize acceptance, each winner will be invited to give separate, freely-given consent to participate in reasonable promotional activities, which may include the use of the winner's first name, country of residence, Instagram handle and likeness on the Promoter's and Prize Provider's social media channels.
A winner may decline such use without forfeiting the Prize, except where the publicity is strictly necessary to demonstrate the lawful conduct of the Prize Draw (in which case the minimum necessary information will be published).
The Promoter, 433 B.V., is the controller of personal data processed for the purposes of operating, administering and managing the Prize Draw, including receiving Entries, verifying eligibility, selecting and contacting the winner, handling enquiries and complaints, maintaining records of the Prize Draw, and complying with applicable legal and regulatory obligations.
The Prize Provider, AB InBev UK Limited t/a Budweiser Brewing Group UK&I, acts as a separate controller where personal data is shared with it for the purposes of verifying eligibility, fulfilling or delivering the Prize, handling Prize-related queries, complying with legal obligations, and/or using winner publicity materials where the winner has given separate consent. Where the Promoter and the Prize Provider jointly determine the purposes and means of any processing, they will act as joint controllers and will comply with their obligations under applicable data protection laws, including Article 26 of the UK GDPR and/or EU GDPR, as applicable.
For UK Participants, personal data will be processed in accordance with the UK General Data Protection Regulation, the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003 where applicable, and any other applicable UK data protection laws. For Participants in the European Economic Area, personal data will be processed in accordance with the EU General Data Protection Regulation and applicable local data protection laws.
The personal data processed in connection with the Prize Draw may include a Participant’s name, Instagram handle, Entry, tagged accounts, age confirmation, country of residence, contact details, delivery details, correspondence with the Promoter and/or Prize Provider, and any other information reasonably required to administer the Prize Draw and deliver the Prize.
Personal data will be processed for the following purposes and lawful bases:
· administering the Prize Draw, receiving Entries, verifying eligibility, selecting and contacting the winner, and delivering or arranging delivery of the Prize-on the basis that the processing is necessary for the performance of a contract with the Participant or to take steps at the Participant’s request before entering into that contract;
· verifying compliance with these Terms, preventing fraud, misuse, duplicate entries or automated entries, and protecting the integrity of the Prize Draw-on the basis of the Promoter’s and/or Prize Provider’s legitimate interests in running a fair, lawful and properly administered promotion;
· complying with legal, regulatory, tax, audit, consumer protection and record-keeping obligations -on the basis that the processing is necessary to comply with legal obligations;
· dealing with enquiries, complaints, disputes or regulatory requests-on the basis of legal obligation and/or the Promoter’s and Prize Provider’s legitimate interests in protecting their legal rights and responding to complaints or claims; and
· using the winner’s name, Instagram handle, image, likeness or other publicity materials for marketing or promotional purposes-only where the winner has given separate, freely given consent, which may be withdrawn at any time.
The Promoter and the Prize Provider will not use Prize Draw personal data for direct marketing unless the Participant has given separate consent or such marketing is otherwise permitted by applicable law. Entry into the Prize Draw is not conditional on consenting to marketing.
Personal data will be shared only where necessary with service providers and professional advisers who support the administration of the Prize Draw, including social media platforms, fulfilment providers, delivery partners, IT providers, legal advisers, tax advisers and regulatory authorities where required. Such recipients will process personal data only as permitted by applicable law and, where acting as processors, under appropriate contractual obligations.
Personal data may be transferred to, stored in or accessed from countries outside the United Kingdom and/or the European Economic Area, including where suppliers, group companies or service providers are located outside those territories. Where UK personal data is transferred outside the United Kingdom, the Promoter and/or Prize Provider will ensure that an appropriate transfer mechanism is in place, such as UK adequacy regulations, the UK International Data Transfer Agreement, the UK Addendum to the EU Standard Contractual Clauses, or another safeguard permitted under UK data protection law. Where EEA personal data is transferred outside the EEA, appropriate safeguards such as European Commission Standard Contractual Clauses or another lawful transfer mechanism will be used.
Personal data will be retained only for as long as necessary for the purposes set out in these Terms, including administration of the Prize Draw, delivery of the Prize, handling enquiries or complaints, complying with legal obligations and maintaining reasonable records of the promotion. Unless a longer period is required by law or necessary to deal with a dispute, complaint, regulatory enquiry or legal claim, personal data collected for the Prize Draw will be retained for no longer than twelve (12) months after the Closing Date. Personal data processed solely on the basis of consent will be deleted or anonymised if consent is withdrawn, unless continued retention is required or permitted by law.
Participants have rights under applicable data protection laws, which may include the right to request access to their personal data, rectification of inaccurate personal data, erasure, restriction of processing, objection to processing, data portability, and withdrawal of consent where processing is based on consent. These rights may be subject to legal limitations.
Participants may exercise their rights by contacting the Promoter at legal@by433.com. Where the request relates to processing carried out by the Prize Provider, the Promoter may refer the request to the Prize Provider or the Participant may contact the Prize Provider directly using the contact details made available in the Prize Provider’s privacy notice.
UK Participants also have the right to lodge a complaint with the Information Commissioner’s Office. EEA Participants may lodge a complaint with their local supervisory authority, including the Dutch Data Protection Authority where applicable. Participants are encouraged to contact the Promoter first so that any concern can be addressed promptly.
Nothing in these Terms excludes or limits the liability of the Promoter or the Prize Provider for death or personal injury caused by their negligence, for fraud or fraudulent misrepresentation, for intent or gross negligence, or for any other liability that cannot be excluded or limited under applicable law (including mandatory consumer law).
Subject to the paragraph above, neither the Promoter nor the Prize Provider is liable for:
any failure of the Instagram platform or other technical systems beyond their reasonable control;
any Entry not received, lost, delayed or corrupted in transmission;
any postponement, modification or cancellation of the Prize Draw or the Prize caused by circumstances beyond their reasonable control;
any indirect or consequential loss arising out of or in connection with the Prize Draw or the use of any Prize; or
typographical or printing errors in any materials associated with the Prize Draw.
The Promoter may, for valid reasons (including technical failures, fraud, force majeure, or changes in applicable law), modify these Terms or suspend or cancel the Prize Draw. Where reasonably possible, the Promoter will give notice through the Prize Draw Posts or another appropriate channel. Such changes will not unfairly prejudice Participants and will not affect statutory consumer rights.
The Prize Draw is intended for adults aged 18 or over only. The Promoter and Prize Provider do not encourage irresponsible drinking, and Participants must not submit Entries that feature or encourage excessive, irresponsible or underage drinking.
The Prize Draw is in no way sponsored, endorsed, administered by, or associated with Instagram or Meta Platforms, Inc. FIFA is not a sponsor or administrator of this promotion in any way. FIFA shall have no liability or responsibility for any claim arising in connection with participation in this promotion or any prize awarded.
By entering, each Participant acknowledges that the Prize Draw is conducted by the Promoter and not by Instagram, releases Instagram from any liability arising in connection with the Prize Draw, and confirms that information is provided to the Promoter and not to Instagram.
Complaints regarding the Prize Draw can be submitted in writing to the Promoter at legal@by433.com. The Promoter aims to respond to complaints within thirty (30) days of receipt. Where the Prize Draw is conducted in the Netherlands, complaints that cannot be resolved with the Promoter may be submitted to the Kansspelautoriteit (the Dutch Gaming Authority), Postbus 298, 2501 CG The Hague, the Netherlands (www.kansspelautoriteit.nl).
Governing law and jurisdiction. These Terms are governed by the laws of the Netherlands. The courts of Amsterdam, the Netherlands, have exclusive jurisdiction to settle any dispute arising out of or in connection with the Prize Draw, save that consumers resident in the European Union retain the protection of mandatory provisions of the law of their country of habitual residence and may bring proceedings in the courts of that country.
Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force and effect.
Entire agreement. These Terms, together with any rules set out in the Prize Draw Posts, constitute the entire agreement between the Participant and the Promoter in respect of the Prize Draw.
Language. These Terms may be made available in translation. In the event of any inconsistency between language versions, the English version prevails, save where mandatory consumer law requires otherwise.
Contact. For questions about the Prize Draw, Participants can contact the Promoter at info@by433.com.