PRIZE DRAW TERMS AND CONDITIONS

PRIZE DRAW TERMS AND CONDITIONS

Definition and parties
Definition and parties
Definition and parties

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 [MVPS] 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.



Eligibility
Eligibility
Eligibility

The Prize Draw is open to natural persons who, at the time of entry, (i) are resident in [Europe], (ii) are aged [18] or older (or, where higher, the age of majority in their jurisdiction of residence), and (iii) hold a personal Instagram account.

The Prize Draw is void where prohibited or restricted by applicable law. The Promoter reserves the right to exclude residents of jurisdictions in which the Prize Draw cannot lawfully be offered.

The following persons are not eligible to enter:

  • employees, officers, directors and contractors of the Promoter and the Prize Provider, and their respective affiliates;

  • immediate family members (spouse, parents, children, siblings) and members of the same household of any person referred to above; and

  • any other person professionally connected with the organisation, administration or judging of the Prize Draw.

Entry into the Prize Draw constitutes acceptance of these Terms. The Promoter may disqualify any Participant who, in its reasonable judgment, has breached these Terms, tampered with the operation of the Prize Draw, or acted unfairly towards the Promoter, the Prize Provider or other Participants. This does not affect a Participant's mandatory consumer rights under applicable law.


The Prize Draw is open to natural persons who, at the time of entry, (i) are resident in [Europe], (ii) are aged [18] or older (or, where higher, the age of majority in their jurisdiction of residence), and (iii) hold a personal Instagram account.

The Prize Draw is void where prohibited or restricted by applicable law. The Promoter reserves the right to exclude residents of jurisdictions in which the Prize Draw cannot lawfully be offered.

The following persons are not eligible to enter:

  • employees, officers, directors and contractors of the Promoter and the Prize Provider, and their respective affiliates;

  • immediate family members (spouse, parents, children, siblings) and members of the same household of any person referred to above; and

  • any other person professionally connected with the organisation, administration or judging of the Prize Draw.

Entry into the Prize Draw constitutes acceptance of these Terms. The Promoter may disqualify any Participant who, in its reasonable judgment, has breached these Terms, tampered with the operation of the Prize Draw, or acted unfairly towards the Promoter, the Prize Provider or other Participants. This does not affect a Participant's mandatory consumer rights under applicable law.


How to Enter
How to Enter
How to Enter

To enter the Prize Draw, a Participant must, during the Prize Draw Period:
follow @433 and [download the 433 app, sign up & comment in the giveaway section in the 433 app on Instagram, and remain an app acount user until the winner is announced; and
comply with any further instructions set out in the relevant Prize Draw Post.
Entry is limited to one (1) Entry per person and per Instagram account. Duplicate entries, entries from multiple accounts operated by the same person, and entries generated by bots, scripts or other automated means will be disregarded and may lead to disqualification.
Incomplete, late, illegible or misdirected Entries will not be accepted. Proof of submission is not proof of receipt. The Promoter accepts no responsibility for Entries that are not received for any reason.
In the event of a dispute over the identity of a Participant, the Entry will be deemed to have been submitted by the registered holder of the Instagram account from which it was made.


Opening and Closing Date
Opening and Closing Date
Opening and Closing Date

The Prize Draw opens on May 12 and closesJuly 31. Entries received outside the Prize Draw Period will not be accepted.


The Prize Draw opens on May 12 and closesJuly 31. Entries received outside the Prize Draw Period will not be accepted.


The Prize
The Prize
The Prize

The Prize Draw offers a total of 11 jerseys, one jersey per giveaway (seperate jersey giveaways spread throughout the campaign period) each consisting of: a signed jersey.

The following conditions apply to the Prize:

the Prize is non-transferable, non-exchangeable and may not be redeemed for cash, in whole or in part;

the Promoter and the Prize Provider may, where reasonably necessary (for example, due to unavailability), substitute the Prize with a prize of equal or greater value;

the winner is responsible for any costs associated with the Prize that are not expressly included, including (without limitation) travel, insurance, spending money, customs duties and import taxes;

the Promoter is not responsible for Prizes that are lost, damaged or stolen after dispatch, although the Promoter will use reasonable efforts to assist the winner in such cases;

any unclaimed Prize remains the property of the Prize Provider; and

where the Prize is awarded to a winner resident in the Netherlands and its value exceeds the threshold for Dutch gambling tax (kansspelbelasting), the winner will be responsible for any such tax due. Winners outside the Netherlands are responsible for any tax payable on the Prize in their jurisdiction of residence.


The Prize Draw offers a total of 11 jerseys, one jersey per giveaway (seperate jersey giveaways spread throughout the campaign period) each consisting of: a signed jersey.

The following conditions apply to the Prize:

the Prize is non-transferable, non-exchangeable and may not be redeemed for cash, in whole or in part;

the Promoter and the Prize Provider may, where reasonably necessary (for example, due to unavailability), substitute the Prize with a prize of equal or greater value;

the winner is responsible for any costs associated with the Prize that are not expressly included, including (without limitation) travel, insurance, spending money, customs duties and import taxes;

the Promoter is not responsible for Prizes that are lost, damaged or stolen after dispatch, although the Promoter will use reasonable efforts to assist the winner in such cases;

any unclaimed Prize remains the property of the Prize Provider; and

where the Prize is awarded to a winner resident in the Netherlands and its value exceeds the threshold for Dutch gambling tax (kansspelbelasting), the winner will be responsible for any such tax due. Winners outside the Netherlands are responsible for any tax payable on the Prize in their jurisdiction of residence.


Winner Selection and Notification
Winner Selection and Notification
Winner Selection and Notification
The winner(s) will be selected at random from all valid Entries by the Promoter, using method of random selection. The odds of winning depend on the number of valid Entries received.
The Promoter will notify each winner via a comment & announcement post in the 433 app, within seventy-two (72) hours after the Closing Date (the "Notification"). Each winner must respond to the Notification and confirm acceptance of the Prize within forty-eight (48) hours of receipt.
If a selected winner is ineligible, cannot be reached, declines the Prize, or fails to respond within the period set out above, the Promoter may, in its reasonable discretion, forfeit the Prize and select a substitute winner using the same selection method. After two (2) unsuccessful attempts to award a Prize, the Promoter may treat the Prize as unclaimed.
The Prize will be delivered electronically or by registered post, at the Prize Provider's discretion, within a reasonable period after acceptance. The Promoter's and Prize Provider's decisions regarding winner selection are final, save in the event of manifest error or as required by mandatory law. Non-winners will not be notified individually.
The winner(s) will be selected at random from all valid Entries by the Promoter, using method of random selection. The odds of winning depend on the number of valid Entries received.
The Promoter will notify each winner via a comment & announcement post in the 433 app, within seventy-two (72) hours after the Closing Date (the "Notification"). Each winner must respond to the Notification and confirm acceptance of the Prize within forty-eight (48) hours of receipt.
If a selected winner is ineligible, cannot be reached, declines the Prize, or fails to respond within the period set out above, the Promoter may, in its reasonable discretion, forfeit the Prize and select a substitute winner using the same selection method. After two (2) unsuccessful attempts to award a Prize, the Promoter may treat the Prize as unclaimed.
The Prize will be delivered electronically or by registered post, at the Prize Provider's discretion, within a reasonable period after acceptance. The Promoter's and Prize Provider's decisions regarding winner selection are final, save in the event of manifest error or as required by mandatory law. Non-winners will not be notified individually.
Content Requirements
Content Requirements
Content Requirements
Participants are responsible for the content of their Entries. By submitting an Entry, the Participant warrants that the Entry:
  • is the Participant's own original work and does not infringe the intellectual property rights, privacy rights, image rights or any other rights of any third party;
  • does not contain unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, indecent, hateful, or otherwise objectionable content, or content that incites or facilitates a criminal offence;
  • does not contain references to gambling, alcohol, tobacco, weapons, illegal drugs, or any illegal activity;
  • does not impersonate any person or misrepresent the Participant's affiliation with any person or entity;
  • does not contain commercial, political or religious messaging not authorised by the Promoter; and
  • does not refer to identifiable individuals or organisations without their prior consent.
The Promoter may, at its reasonable discretion, remove any Entry that does not comply with these requirements and disqualify the relevant Participant.
Participants are responsible for the content of their Entries. By submitting an Entry, the Participant warrants that the Entry:
  • is the Participant's own original work and does not infringe the intellectual property rights, privacy rights, image rights or any other rights of any third party;
  • does not contain unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, indecent, hateful, or otherwise objectionable content, or content that incites or facilitates a criminal offence;
  • does not contain references to gambling, alcohol, tobacco, weapons, illegal drugs, or any illegal activity;
  • does not impersonate any person or misrepresent the Participant's affiliation with any person or entity;
  • does not contain commercial, political or religious messaging not authorised by the Promoter; and
  • does not refer to identifiable individuals or organisations without their prior consent.
The Promoter may, at its reasonable discretion, remove any Entry that does not comply with these requirements and disqualify the relevant Participant.
Intellectual Property and Use of Entries
Intellectual Property and Use of Entries
Intellectual Property and Use of Entries

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.


Winner Publicity
Winner Publicity
Winner Publicity

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).


Privacy and Data Protection
Privacy and Data Protection
Privacy and Data Protection

The Promoter, 433 B.V., is the controller of personal data processed in connection with the Prize Draw. The Prize Provider acts as a separate controller in respect of personal data shared with it for the purpose of fulfilling the Prize. Where the Promoter and the Prize Provider jointly determine the purposes and means of processing, they act as joint controllers and have entered into an arrangement under Article 26 of the GDPR; the essence of this arrangement is available on request via legal@by433.com.

Personal data collected through entry (including Instagram handle and, in the case of winners, contact and delivery details) is processed for the following purposes and on the following legal bases:

  • administering the Prize Draw, selecting and contacting winners, and delivering the Prize; performance of a contract or pre-contractual measures (Article 6(1)(b) GDPR);

  • fraud prevention and verifying compliance with these Terms; legitimate interests of the Promoter and the Prize Provider (Article 6(1)(f) GDPR);

  • compliance with legal obligations including tax and consumer protection law; Article 6(1)(c) GDPR; and

  • marketing and promotional use of winner publicity material; separate consent (Article 6(1)(a) GDPR), which may be withdrawn at any time.

Personal data is retained for as long as necessary for the purposes set out above, and in any event no longer than twelve (12) months after the Closing Date, except where a longer retention period is required by law. Participants have the right to access, rectify and erase their personal data, to restrict or object to processing, and to data portability. Participants also have the right to lodge a complaint with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) or another competent supervisory authority. For more information and to exercise these rights, see the Promoter's privacy notice at www.433football.com/privacy-policy.

Where personal data is transferred outside the European Economic Area, appropriate safeguards (such as the European Commission's Standard Contractual Clauses) are put in place. Information on these safeguards is available on request via legal@by433.com.


 Liability
 Liability
 Liability

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.


Amendment, Suspension and Cancellation
Amendment, Suspension and Cancellation
Amendment, Suspension and Cancellation

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.


 Instagram Disclaimer
 Instagram Disclaimer
 Instagram Disclaimer

The Prize Draw is in no way sponsored, endorsed, administered by, or associated with Instagram or Meta Platforms, Inc. 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
Complaints
Complaints

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).

General
General
General

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.