1. The Promoter
1.1 The promoter is Joymo AS, a company registered and incorporated in Norway with company number 916 959 311 and whose registered office is at Gaustadalléen 21, 0349 Oslo, Norway (the “Promoter”).
2. The Prize Promotion
2.1 The Promoter holds prize promotions from time to time for the subscribers to its newsletter regarding Basketball Ireland content (the “Newsletter”).
2.2 Newsletter subscribers will be notified of prize promotions via email.
2.3 The prize promotions will at all times be subject to any details and any other terms and conditions provided, published or otherwise made available at the time of entry to the relevant prize promotion (the “Promotional Material”), which will specify any significant conditions, such as any opening and/or closing dates.
2.4 The prize promotions are free to enter, and no purchase is necessary to submit an entry.
2.5 The Promoter will accept no responsibility for entries not successfully completed, lost or delayed due to a technical fault, technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind.
2.6 By submitting an entry to a prize promotion, the entrants are deemed to have accepted and agreed to be bound by these terms and conditions.
2.7 Depending on the nature of the prize promotion, the winner will be selected from the pool of valid entries submitted by Qualifying Persons (as defined in paragraph 3.1) by either:
2.7.1 random draw performed by a computer process (with an independent observer supervising such draw); or
2.7.2 an independent judge or a panel of judges (consisting of at least one independent member), whose decision shall be final.
2.8 The Promotional Material will confirm the winner selection mechanism and specify the criteria and mechanism for judging entries.
2.9 Where applicable, the name(s) of the judge(s) can be viewed on the relevant prize promotion page on https://www.basketballireland.... from the closing date of the prize promotion for a period of fourteen days, or obtained on request by contacting the Promoter.
3.1 The prize promotions are open to all Newsletter subscribers, who meet the following criteria:
3.1.1 are aged 18 or over, or in cases where they are under 18 years of age, have obtained written consent from a parent or guardian aged 18 or over to enter the relevant prize promotion and claim the prize;
3.1.2 are residents of the United Kingdom or the Republic of Ireland;
3.1.3 do not fall under any category of persons listed under paragraph 4, (together, the “Qualifying Persons”).
3.2 In entering any prize promotion, the entrants confirm that they are eligible to do so and eligible to claim any prize they may win. The Promoter may require them to provide proof that they are eligible to enter the prize promotion in question.
3.3 The Promoter will not accept prize promotion entries that are:
3.3.1 automatically generated by computer, script, macro or other similar device or programme;
3.3.2 completed by third parties or in bulk; or
3.4 Use of a false name or address may result in disqualification.
3.5 There is a limit of one entry to any prize promotion per person. Entries on behalf of another person will not be accepted and joint submissions are not allowed.
3.6 If there is any reason to believe that there has been a breach of these terms and conditions and/or the terms set out in the Promotional Material, the Promoter may, at its sole discretion, reserve the right to exclude any Qualifying Person from participating in any prize promotion.
3.7 The Promoter reserves all rights to disqualify any entrant if their conduct is contrary to the spirit or intention of the relevant prize promotion.
3.8 The Promoter reserves the right, exercisable in its sole discretion, to refuse entry to any prize promotion, or refuse to award the Prize to anyone in breach of these terms and conditions.
4. Excluded Persons
4.1 The following persons are excluded from the prize promotions:
4.1.1 employees of the Promoter or its holding or subsidiary companies, their families, agents or any third party professionally connected with the prize promotions or their administration;
4.1.2 employees of The Irish Basketball Association (CLG) (trading as Basketball Ireland (B.I.)) (“Basketball Ireland”), their families, agents or any third party otherwise professionally connected with Basketball Ireland;
4.1.3 employees of suppliers of any prize to be won under a prize promotion from time to time; and
4.1.4 any other company or person otherwise professionally connected or associated with the relevant prize promotion.
5. The Prize(s)
5.1 Details of the prize(s) to be won under any prize promotion (the “Prize(s)”) will be provided in the relevant Promotional Material, including where applicable their number, nature and manner in which they will be awarded.
5.2 The winner(s) will be responsible for any expense or arrangement not specifically included in the relevant prize, including obtaining and/or holding valid passports, any necessary visas or travel documents where applicable. For the avoidance of doubt, any costs incurred or required to be incurred that are incidental to the fulfilment of the prize are the responsibility of the winner(s).
5.3 The Prize(s) is/are subject to availability and the terms and conditions of the supplier(s) of the Prize(s).
5.4 There is no cash alternative for the Prize(s).
5.5 The supplier of any Prize shall be specified within the relevant Promotional Material.
5.6 The Promoter reserves the right to replace a Prize with an alternative prize of equal or higher value if circumstances beyond the Promoter’s control makes it necessary to do so.
5.7 The Prize(s) offered by the Promoter is/are non-negotiable, non-exchangeable and non-transferable.
6.1 The decision of the Promoter or the judge(s) nominated by the Promoter (where applicable) is final and no correspondence or discussion will be entered into in this regard.
6.2 The date of announcement of the winner (the “Announcement Date”) will be provided in the Promotional Material.
6.3 The Promoter will contact the winner as soon as practicable after the Announcement Date, using the email address provided with the prize promotion entry.
6.4 The Promoter is generally required to publish or make available information that indicates that a valid award took place. To comply with this obligation, the Promoter will publish the surname and county of major prize winners and, if applicable, their winning entries on the Announcement Date.
6.5 If any entrant objects to any part of their name, county and/or winning entry being published or made available, please contact the Promoter at firstname.lastname@example.org. In such circumstances, the Promoter must still provide the information and winning entry to the Advertising Standards Authority in the UK on request.
7. Claiming the Prize(s)
7.1 Winner(s) of any Prize will have fourteen days from the Announcement Date to respond, claim and/or provide an address for delivery of the Prize.
7.2 Failure to respond and/or provide an address for delivery within the timeframe set out in paragraph 7.1 (the “Timeframe”) may result in forfeiture of a Prize or otherwise render a Winner’s claim invalid.
7.3 The Promoter will make all reasonable efforts to contact the winner(s). If the winner(s) cannot be contacted or is not available, or has not claimed their prize within the Timeframe, the Promoter reserves the right to offer the Prize to the next eligible entrant selected from the valid entries that were received by any applicable closing date.
7.4 Unless otherwise provided in the Promotional Material or otherwise agreed between the winner and the Promoter, Prizes may not be claimed by a third party on a winner’s behalf.
8. Limitation of liability
Insofar as is permitted by law, the Promoter will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the Prize, except where it is caused by the negligence of the Promoter or that of its employees. The statutory rights of the entrants are not affected.
9 Ownership of competition entries and intellectual property rights
9.1 All competition entries and any accompanying material submitted to the Promoter will become the property of the Promoter on receipt and will not be returned.
9.2 By submitting the competition entry and any accompanying material, each competition entrant agrees to:
9.2.1 assign to the Promoter all their intellectual property rights with full title guarantee; and
9.2.2 waive all moral rights, in and to their competition entry and otherwise arising in connection with their entry to which they may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 and/or the Copyright and Related Rights Act 2000, as amended from time to time and under all similar legislation from time to time in force anywhere in the world.
9.3 Where the prize competition in question requires entrants to submit images, videos or other media, the entrants confirm that:
9.3.1 the media submitted are original works, are not defamatory and do not infringe third-party rights;
9.3.2 there are no conflicting agreements in place that restrict usage of any media submitted;
9.3.3 they have obtained consent to use any third-party media in the entry and rights have been waived for that use. If the media submitted captures any person under the age of 18, parental or guardian consent must be provided; and
9.3.4 they will produce evidence of any required consents at the Promoter’s request, or risk being disqualified from entering the prize competition.
10. Data Protection and Publicity
10.1 The entrants agree to provide their full name and contact details to the Promoter, which will be passed to the suppliers of the Prizes.
10.3 In connection with the publicity of the Newsletter and/or the prize promotions, the winner agrees:
10.3.1 that the Promoter may make their full name, photograph and country of residence available on its website and any other form of media; and
10.3.2 to cooperate with any other reasonable requests by the Promoter or Basketball Ireland.
11.1 These terms and conditions are at all times subject to the Promotional Material.
11.2 In the event of any discrepancy between these terms and conditions and the details in the Promotional Material, the latter shall prevail.
11.3 The Promoter reserves the right to change these terms and conditions from time to time as it deems necessary. The Promoter will notify each Newsletter subscriber of any material changes via an email sent to the address provided by the Newsletter subscriber upon sign-up to the Newsletter, and where applicable: the Newsletter subscriber will have the choice to consent to such material changes or to withdraw their entry to a prize promotion by contacting the Promoter.
11.4 The Promoter reserves the right, in its sole discretion, to hold void, suspend, cancel, or amend the prize promotions at any time.
11.5 These terms and conditions shall be governed by English law, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.