To participate in the giveaway, you must agree to and abide by these Official Rules.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
THE GIVEAWAY IS OPEN TO LEGAL RESIDENTS OF THE UNITED KINGDOM WHO HAVE FULL LEGAL CAPACITY AND ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR THE AGE OF MAJORITY IN THEIR COUNTRY/PROVINCE/STATE AT TIME OF ENTRY. IT IS VOID ELSEWHERE AND WHERE PROHIBITED OR RESTRICTED BY LAW. YOU MUST HAVE INTERNET ACCESS, AN INSTAGRAM ACCOUNT AND VALID E-MAIL ADDRESS TO PARTICIPATE.
PRELIMINARY INFORMATION: The 90min USA Revierderby Giveaway (“Giveaway”) begins on [9 March, 2023 at 12:00 PM EST] Eastern Standard Time (“EST”) and ends on [11 March 2023 at 1:00 PM EST] (“Giveaway Period”). Entrants will be asked to participate by commenting and liking one of the @90min_USA Instagram account giveaway posts and following the account during the specified period. There will be one (1) winner selected per giveaway.
1. Administrator: Minute Media, 385-389 Oxford Street, London W1C 2NB (“Administrator”).
2. Eligibility: Giveaway is open only to legal residents of the USA who have full legal capacity and are at least eighteen (18) years of age or the age of majority in their legal residence at time of entry. Void elsewhere and where prohibited or restricted by law. Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six months, performed services for Administrator, Sportority UK Ltd. and its affiliates d/b/a Minute Media (“Minute Media”), any organisations responsible for sponsoring, fulfilling, administering, advertising or promoting the giveaway or supplying the prizes and/or their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to participate or win any prize. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three months a year, whether related or not. Entrants must have fluency in English to the satisfaction of the Administrator and Minute Media. Potential winners may be required to provide proof of age, legal residency and fluency in English through a phone call with the Administrator at time of winner confirmation upon request prior to prize award.
3. Giveaway Schedule: The giveaways will begin on [9 March, 2023 at 12:00 PM EST] Eastern Standard Time (“EST”) and end on [11 March 2023 at 1:00 PM EST] (“Giveaway Period”). IMPORTANT NOTICE TO ENTRANTS: ALL TIMES LISTED THROUGHOUT THE REMAINDER OF THE RULES ARE IN BRITISH SUMMER TIME. ENTRANTS ARE SOLELY RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS. Administrator’s computer is the official clock for the giveaway.
4. How to Enter
During the giveaway Period:
BY LIKING ON A SPECIFIC @90MIN_USA IG POST AND FOLLOWING THE ACCOUNT IN ACCORDANCE WITH THE GIVEAWAY RULES SPECIFIED, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND FULLY AGREE TO THESE OFFICIAL RULES AND ACKNOWLEDGE THE PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED IN THESE OFFICIAL RULES. DO NOT SUBMIT A POST WITHOUT FIRST REVIEWING THESE OFFICIAL RULES.
These Official Rules and any changes to them will be posted online at 90min.com
Partial or incomplete/piecemeal Entries (i.e., COMMENTING BUT NOT FOLLOWING THE ACCOUNT) will NOT BE ACCEPTED.
You may only use one (1) Instagram account to participate in the Bundesliga Swag Giveaway.
In addition to complying with all other requirements of these Official Rules and those where you may post your Entry, each Entry must comply with the following guidelines (“Content Guidelines”). Any Entry that the Administrator in their reasonable discretion, determines is in violation of any Content Guideline may be disqualified.
Each Entry must not:
– Include your name, e-mail address, phone number or your home address in the Entry itself; if Entry contains such personal data, it is your sole responsibility to remove all such personal data from the Entry before posting it to your Instagram account.
– Contain content, images, or material that violates or infringes any third party rights of any kind, including without limitation, any third party privacy, publicity, trade secret, or intellectual property rights, including third party registered and common law copyrights and trademarks;
– Disparage Administrator, any other person or entity affiliated with the giveaway or products, services, or entities that are competitive with any of the foregoing;
– Contain content, images, artwork, or other creative elements not created by and original to Entrant; Contain images or other material that is misleading, inappropriate, indecent, obscene, hateful, offensive, tortious, defamatory, slanderous, or libelous (including nudity or inappropriate consumption of alcohol);
– Contain content, images or other material that reflects, advocates, or promotes bigotry, racism, hatred, harm, exploitation of or against any class, group, or individual, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age, or actions or activities that are restricted, prohibited, illegal, or unlawful (including without limitation, the consumption of any controlled substances);
– Contain content, images or other material that is unlawful or in violation of or contrary to any applicable federal or state laws or regulations; or
Have been previously submitted in a promotion of any kind, or published, posted, exhibited or displayed publicly for commercial use by any means and in any form or media.
In addition to the foregoing, the Post must not:
– Contain executable programming of any kind, including without limitation, viruses, worms, Trojan horses, spyware, malware, time bombs, Easter eggs, cancel bots, or any kind of malicious or benign computer programming whatsoever; or
– Contain encrypted content of any kind, including without limitation, encoded messages.
If an Entry cannot be opened, viewed, and/or accessed by Administrator for any reason whatsoever outside of their control, that Entry shall be disqualified without any fault or liability of the Released Parties, as defined below.
Administrator grants to each qualified Entrant a limited, non-transferable, non-exclusive, non-sublicensable, revocable right to use its copyrighted materials and trademarks solely for purposes of and limited to including them in the Entries submitted in this Bundesliga Swag Giveaway; such right and license will automatically expire without further act of any party at the expiration of the Giveaway Period, unless specifically extended on an individual basis by Administrator in writing in its sole discretion. Any other use of Administrator’s, and/or its licensors’ copyrighted materials or trademarks will be a violation of Administrator’s, or its applicable licensor’s intellectual property rights. Administrator’s or copyrighted materials and trademarks cannot be modified, adapted, or edited by Entrant other than modifications due to technological limitations or malfunctions.
Entrant understands and agrees that Administrator has wide access to ideas, stories and other literary, artistic and creative materials submitted to it from outside sources or developed by its own employees and agents (together, “Administrator Creative”); such Administrator Creative may be similar to (or even identical to) the Posts created and disseminated by Entrant; with regard to any claims by Entrant in relation to their Entry, Administrator shall not have any liability to Entrant or any third party with respect to or in connection with the development, use, sale, and/or commercial exploitation of all or any portion of Administrator Creative by Administrator and/or their designees and licensees, all of which liability, if any, Entrant hereby expressly and irrevocably waives, releases, and discharges. Entrant further understands and agrees that Administrator shall not have any fiduciary duty or duty of confidentiality regarding his/her Entry.
ALL ENTRIES REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF ADMINISTRATOR IN ANY MANNER.
Use of automated/programmed/robotic means of participation is prohibited and Posts completed or submitted using such illicit means will be void, and the applicable participant may be disqualified from the 90min Revierderby Giveaway. Unless caused by them, Administrator will not be responsible for late, lost, incomplete, corrupted, inaccessible, garbled or misdirected registration information, or for videos not being uploaded due to technological/programming/electronic error, malfunction or failure or for any other reason
Entrant Warranties and Representations
By submitting Comment, Entrant gives permission, and warrants and represents that he/she has obtained all rights, including photographer/videographer if other than Entrant, necessary to give such permission, to Administrator and hereby grants to each of Administrator a royalty-free, transferable non-exclusive license to post Entrant’s Post, name, voice, likeness and all other information about the Entrant contained in the Post on the World Wide Web, and to otherwise use, reproduce, adapt, amend, broadcast, modify or alter, and communicate to the public and cause to be seen and/or heard in public Entrant’s Post and the names, voices, images, photographs, and likenesses therein without compensation in accordance with the requirements of this Giveaway and the advertising, promotion, and publicity of the Giveaway, for the duration of the copyrights, and otherwise, as stated in these Official Rules (as solely determined by Administrator).
LOCAL LAWS SOMETIMES DO PROTECT AUTHORS AND LIMIT THE POSSIBILITY OF WAIVING MORAL RIGHTS.
Except if Entrant is resident in a jurisdiction in which moral rights cannot be waived under applicable copyright law, Entrant waives any “Moral Right of Authors” (Droit Moral) in the Post in favour of the Administrator. The Entrant hereby requests, and the Administrator hereby agrees not to indicate the Entrant’s name on the photo/Eligible Entry and other objects to which the photo/Eligible Entry may be included, unless otherwise agreed between the Administrator and the Entrant in writing, save for the cases where such indication is statutory required or required by competent authority or is a matter of practical necessity as established by the Administrator at its sole discretion. Where applicable, the Entrant agrees that any alteration, use, modification, or edit of the photo/Eligible Entry shall not be deemed a violation of her/his moral rights. Entrant further agrees, upon Administrator’s request and without compensation, to sign any and all necessary and appropriate documents so as to effect, perfect or record the preceding grant of license rights and moral rights consent and (if necessary) to procure signatures from any third parties. Entrant further expressly acknowledges that Administrator does not owe him/her a duty of confidence (or fiduciary duty or the like) with regard to his/her Post.
5. Your Privacy
What personal details are collected – Entrant personal data that will be processed during this Giveaway includes Instagram handle, name, telephone number, address and email address as collected via Direct Message and email during prize claim period, and any other information that you voluntarily provide or share in connection with this Giveaway.
Legal basis for processing your personal data – This information will be used on the lawful basis of the Giveaway pursuing its legitimate business interests as per Article 6(f) of the General Data Protection Regulation (“GDPR”).
Purpose of collection – Only the personal data needed to conduct the Giveaway as described in these Official Rules will be collected, including to contact potential winners and award the prizes. Please note, if you do not provide this information you will not be able to participate in the Giveaway and/or receive the prize.
Your rights – Pursuant to applicable privacy and data protection legislation, including but not limited to the GDPR, you have various rights including the right to receive confirmation as to whether or not personal data concerning you is being processed and to access said personal data; the right to rectification of such personal data; the right to receive a copy of personal data you directly volunteered in a structured, commonly used and machine-readable format; and the right for erasure of your personal data. You also have the right to object to the data collection, under certain circumstances. Further, you have the right to file a complaint with the relevant supervisory authority and where the processing of your personal data is based on consent you have the right to withdraw your consent at any time which you can do using the address or e-mail address stated below under “Contact details”. However, this will not affect the lawfulness of any processing carried out on the basis of your consent prior to it being withdrawn.
Recipients of personal data – The recipients of your personal data, or part of it, may be either or all of the following: Administrator.
Transfer of personal data outside the EU/EEA – Some data recipients may be located outside the EU/EEA. In such cases your personal data will be transferred only to such countries as approved by the European Commission as providing an adequate level of data protection, or where legal agreements have been entered into ensuring an adequate level of data protection.
Retention – Your personal data will be retained for as long as necessary to facilitate the Giveaway, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused personal data at the earliest reasonable time.
6 Winner Selection: From [11th March, 2023] to [12th March, 2023], Administrator will randomly select one (1) Entry per (“Giveaway Comment”) for each entrant that has (a) liked the Giveaway post on @90min_USA to be confirmed and (b) follows @90min_USA at the time of selection. Decisions of the Administrator will be final and binding on all matters relating to this Giveaway. If a potential winner does not respond within twenty-four (24) hours of the first notification attempt via Twitter DM, or is found to be ineligible, does not comply with these Official Rules or declines to accept the prize, the potential winner may be disqualified, and in such case, Administrator may select an alternate potential winner based on a random drawing using the process set out in this clause (time permitting).
Winner Notification & Verification: All potential winners will be notified via direct message on Instagram from the 90min (@90min_USA) page [13th March] 2023 to [14th March] at 23:59:59 GMT. Participants are encouraged to regularly check their direct messages at the conclusion of the Giveaway Period. The notification message will request that the potential winners email the Administrator at the specified email address with specific personal data (e.g., full name, address (including country of residence), phone number (including country code/city code or area code, as applicable), email address, age). This personal data will be maintained by the Administrator in the United Kingdom and will only be used by Administrator for purposes of winner notification and prize fulfillment in the Giveaway. Failure to respond to the initial verification notice within twenty-four (24) hours after notification or return of direct message as undeliverable after two (2) attempts will result in disqualification. Potential winners will be required to sign and return, within seventy-two (72) hours from date of transmission, an Affidavit/Declaration of Eligibility, Release and Indemnification, and a Publicity Release where allowed by law and any other documentation required by Administrator (collectively, “Winner Documents”). If the Winner Documents are not returned to the Administrator within a specified time period, the potential winner may be disqualified. If for any reason the daily prize is not claimed or if a winner is disqualified, prize will be awarded to an alternate winner, also selected at random from all remaining eligible entries received for the applicable team (time permitting). In the event of any dispute concerning the identity of any participant, the entry will be deemed submitted by the natural person who is the authorized holder of the transmitting e-mail account. The authorized account holder shall be the natural person to whom the applicable e-mail address has been assigned by the Internet access provider, service provider, or other online organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be required to provide the Administrator with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.
7. Prizes, Approximate Retail Values (“ARV”):
Prizes: The winner will receive: a “Mystery Team Prize Box” of Either Borussia Dortmund or FC Schalke 04. Prizes will be confirmed in a IG Comment (“Giveaway Tweet”) Be advised that someone from the Bundesliga will be in touch via email regarding the delivery of the prize and coordinate accordingly.
TOTAL APPROXIMATE RETAIL VALUE OF ALL PRIZES WILL BE NO MORE THAN : £250
PRIZE RESTRICTIONS AND LIMITATIONS: The above prizes consist of one item provided via mail. The prizes selected will be of Minute Media’s sole choosing. Each prize giveaway is conducted with the administrator’s approval. Minute Media reserve the right to amend or change Prizes given away at any time. Minute Media reserves the right to choose the timing of giveaway tweets and the timing of prize draws. Minute Media reserves the right to reference the winning prize draw username or name within content displayed on @90minUSA.
To the fullest extent permitted by law, grand prize winner grants to Sponsor and its designees any and all copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights in the (“Giveaway Period”), without further consent or compensation of any kind and will not otherwise enforce these rights against the Sponsor.
Winner agrees upon the request of Minute Media without compensation of any kind, to execute any additional documents so as to effect, record or perfect such grant of rights necessary to achieve the above mentioned purpose.
Limit one (1) Prize per person/family/household. All federal, state, local and other taxes are the sole responsibility of each winner. Winner is also responsible for any unspecified costs and expenses in conjunction with prize acceptance and use.
Prizes are not redeemable for cash or transferable. No substitutions allowed, except as set forth in these Official Rules and at Administrator’s sole discretion, a prize of comparable or equal value will be provided. Any images of prizes in advertising are for illustrative purposes only and actual items awarded as prizes may differ from such images for various reasons, including due to compliance with manufacturer’s safety standards; and Administrator disclaim any and all liability in conjunction therewith. Prize will be shipped only to a street address in the United States.
8. Limitations of Liability: Administrator is not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to human, typographical, printing or electronic malfunction, any damage caused by or relating to any downloadable content or damage of any network, hardware or software where such issues are beyond their reasonable control. If for any reason the Giveaway (in whole or in part) is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud or technical failures, each thereof beyond Administrator’s reasonable control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Giveaway, Administrator reserves the right, in its reasonable discretion, to cancel, terminate, modify or suspend the Giveaway (in whole or in part) and/or disqualify any individual who tampers with (or attempts to tamper with) the entry process/operation of the Giveaway (or any part thereof). In such an event, the Administrator shall conduct the Giveaway and make prizes available in a manner which is fair, appropriate and consistent with the spirit of these Official Rules, as determined by the Administrator in its reasonable discretion. Notice of cancellation/termination/modification/suspension of Giveaway will be posted on the 90min Twitter page. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail, or electronic entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile device (or data/information stored thereon) related to or resulting from participation in or downloading any materials from this Giveaway.
9. Additional Conditions of Participation: Entrants agree to be bound by and abide by these Official Rules and the decisions of the Administrator, which shall be final and binding in all respects. Entrants agree to the fullest extent permitted by law (excluding only negligence and/or other rights/interests that cannot be lawfully waived pursuant to the law of a given jurisdiction), to release and hold harmless Administrator, Twitter, Inc., YouTube, Inc, and each of their respective parents, subsidiaries, affiliated and successor companies, advertising and promotion agencies, contractors and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns, and (collectively, the “Released Parties“) from any and all actions, claims, injury, loss or damage to person(s) or property, arising in any manner, directly or indirectly, from participation in this Giveaway and/or acceptance, possession, receipt or use/misuse of any prize, except that the waiver does not restrict entrant from raising claims which cannot be waived under applicable local law in the entrant’s jurisdiction such as claims regarding loss of life, body injury, or claims relating to a violation to a principle, cardinal duty under the relevant legal relationship. Without limitation to Section 8 above, entrants also authorize the Administrator and its designees to use the entrant’s name, image, voice, likeness, photograph, prize information, biographical data and city and state/province/territory and/or country of residence in programming, advertising, trade and/or promotional material or on a winners’ list (if applicable) without compensation or notice, to the extent permitted by law. Administrator is not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Administrator’s sole discretion, without obligation or compensation.
Entrants further agree not to knowingly damage or cause interruption of the Giveaway and/or prevent others from participating in the Giveaway. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE OR AN INDIVIDUAL OTHERWISE ATTEMPTS TO DEFRAUD ADMINISTRATOR, ADMINISTRATOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
Where it becomes necessary to do as a result of war, terrorism, state of emergency, pandemic, disaster or other reasons beyond the reasonable control of the Administrator and/or its third party vendor(s), the Administrator reserves the right to cancel, terminate, modify or suspend the Giveaway or suspend or modify all or part of the prizes.
NOTHING IN THESE OFFICIAL RULES LIMITS, EXCLUDES OR MODIFIES OR PURPORTS TO LIMIT, EXCLUDE OR MODIFY ANY STATUTORY CONSUMER GUARANTEES OR ANY IMPLIED CONDITION OR WARRANTY THE EXCLUSION OF WHICH FROM THESE OFFICIAL RULES WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE OFFICIAL RULES TO BE VOID (“NON- EXCLUDABLE GUARANTEES”). EXCEPT FOR ANY NON-EXCLUDABLE GUARANTEES, AND THE ADMINISTRATOR’S OWN PRODUCT/SERVICE THAT MAY BE COVERED BY A WARRANTY (WITH SUCH WARRANTY BEING EXPRESSLY LIMITED TO ITS TERMS SUBJECT TO ANY NON-EXCLUDABLE GUARANTEE) ADMINISTRATOR MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE (OR ANY COMPONENT OF ANY PRIZE), INCLUDING (IN RESPECT OF ALL JURISDICTIONS), WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
10. Disputes: Except where prohibited and to the maximum extent permitted by applicable law, entrant (including the winners) agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the Courts of England, with entrant expressly waiving any right of forum non conveniens, change of venue or the like; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Sweepstakes, but in no event attorneys’ fees; unless the assistance of an attorney is required by law and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Administrator in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of England, without giving effect to any choice of law or conflict of law rules (whether of England or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than England.
11. Winners’ List: Prize winners’ surnames, counties/regions and countries will be made available on request unless a prize winner objects to this. To request the names, regions/counties and countries of the winners, e-mail [email protected] with “90min USA Revierderby” in the subject line no later than [15nd March, 2023]. To object to your surname, county/region and country being made available in this manner in the event you are a prize winner please let the Administrator know by emailing [email protected] prior to accepting any prize. In such circumstances these details may still be provided to the UK’s Advertising Standards Authority or other relevant regulators on request.
This Giveaway is in no way sponsored, endorsed or administered by, or associated with Twitter, Instagram and/or Facebook.