20,000 Members of the FitXR Facebook Group Competition (the "Competition")
Terms and Conditions
1.1. These are the terms and conditions (the "Terms and Conditions") that govern the relationship between the entrant (the "Participant") and FitXR Limited of International House, 24 Holborn Viaduct, London, EC1A 2BN (the "Promoter") in relation to the Competition.
1.2. The Competition opens at 18:00 (BST)/ 11:00 (EST) on 29 August 2022 and closes at 23:59 (BST)/ 18:59 (EST) on 16 September 2022 (the "Promotional Period"). Only entries completed during the Promotional Period will be accepted into the Competition.
1.3. By entering the Competition, the Participant expressly accepts these Terms and Conditions.
1.4. The Promoter is making the competition available on the Promoter's private official Facebook group (the "Facebook Group"). Membership to the Facebook Group (which is free) and internet access is required to participate.
1.5. NO PURCHASE NECESSARY. Participation is free of charge and independent of the purchase of goods or services. Users of the free trial, legacy users or current and past subscribers of FitXR can participate in the Competition. The judges’ decision is ﬁnal and binding.
2. Who can enter?
2.1. This Competition is open to all residents of the United Kingdom and the United States who are members of the Facebook Group and aged at least 18 or over the age of majority in their country/province/state of residence, whichever is older, at the time of entry. The Promoter assumes by entering the Competition, the Participant has legal capacity to enter the Competition.
2.2. Employees of the Promoter, its respective subsidiaries and associated companies or organisations, their agents or any advertising and promotional agencies who are directly connected with the Competition are not eligible to participate in the Competition.
2.3. Entries are limited to one entry per person.
2.4. Any dispute as to the identity of the Participant will be resolved by the judges in their sole discretion.
3. How can I enter?
3.1. During the Promotional Period, users can enter the skill-based part of the Competition (the "Skill Competition") and have the chance to win the Prizes (as defined in paragraph 4 below) by logging on to their Facebook account and following the link provided on the promotional post for the Competition on the Facebook Group. The link will take the Participant to a form which must be populated with:
a) the Participant's name and email address; and
b) 1 – 2 truthful sentences about what the Participant loves about FitXR (no more than fifty (50) written words) and an original photograph taken of the Participant which represents his/her FitXR experience (the "Works"),
(a) and (b) together are an "Entry".
3.2. Only those forms which are duly completed and submitted to the Promoter during the Promotional Period will be considered as an Entry. All Entries will be entered into the Skill Competition and all Entries not selected as a winner of the Skill Competition will also be entered into the Lucky Draw element of the Competition.
3.3. The size and format of the photograph submitted in an Entry must comply with the requirements of the website hosting the entry form.
3.4. If the Participant is declared a winner or runner-up winner of the Skill Competition Selection element of the Competition, they agree that by entering the Competition:
a) the Participant shall hereby assign to the Promoter (by way of a present assignment of future rights) with full title guarantee the entire copyright and all other rights in the nature of copyright subsisting in the Works and all other rights in the Works of whatever nature, whether now known or created in the future, to which the Participant is now, or at any time in the future may be, entitled by virtue of the laws in force in the United Kingdom and in any other part of the world in each case for the whole term including any renewals, reversions, revivals and extensions and together with all related rights and powers arising or accrued, including the right to bring, make, oppose, defend, appeal proceedings, claims or actions and obtain relief (and to retain any damages recovered) in respect of any infringement, or any other cause of action arising from ownership, of any of these assigned rights, whether occurring before, on, or after the date of the Participant's entry into the Competition;
b) the Participant waives absolutely and agrees not to assert their moral rights in the Works arising under the Copyright, Designs and Patents Act 1988 and agrees that the Promoter shall have the unfettered right to modify, crop or alter the Works (or any part of them) in any way that they think fit including combining the Works with other content, images, text and graphics;
c) the Participant acknowledges that no further consideration shall be payable to him/her in respect of the assignment of the Works to the Promoter, including their commercial exploitation; and
d) the Promoter may use, in any and all media throughout the world forever as the Promoter in its sole opinion sees fit, the Participant's name, likeness and biographical information submitted as part of his/her Entry for marketing purposes without payment or further consent.
3.5. The Participant should not provide any materials or information that he/she does not want to be published on the Promoter's social media pages to be commercially exploited if the Participant is a winner.
3.6. By submitting an Entry, the Participant warrants that:
a) the Works are his/her own original works, that the Participant is the sole creator, author and owner of the Works and that he/she has the right to make them available to the Promoter for all purposes of the Competition and that no other person except the Participant appears in the Works;
b) the Participant has not assigned or licensed and will not assign or license any of the rights assigned to the Promoter under these Terms and Conditions;
c) the rights assigned by the Participant under these Terms and Conditions are free from any security interest, option, mortgage, charge or lien;
d) the Participant is unaware of any infringement, or likely infringement of, any of the rights assigned by these Terms and Conditions;
e) the exploitation of the rights assigned by these Terms and Conditions will not infringe the rights of any third party;
f) the Works qualify for copyright protection under the Copyright, Designs and Patents Act 1988; and
g) the Works are not defamatory or offensive.
3.7. The Promoter reserves the right to exclude entries to the Competition if they do not comply with these Terms and Conditions or if they contain insults, inaccuracies, infringements of competition, trademark or copyright law, violence, threats, self-harm, bullying, harassment, hate speech, explicit content, nudity, the intellectual property of third parties or content that poses a risk to safety, or reputation. In such cases, prizes may also be disallowed in retrospect.
3.8. The Participant indemniﬁes the Promoter from all claims arising in connection with such non-permitted entries and any breach by the Participant of the warranties contained in these Terms and Conditions (which shall include any costs in enforcing these Terms and Conditions against the Participant).
3.9. The Participant shall, and shall use all reasonable endeavours to procure that any necessary third party shall, execute such documents and perform such acts as may reasonably be required for the purpose of giving full effect to the assignment of the Works, including assisting the Promoter in obtaining, defending and enforcing the copyright, and assisting with any other proceedings, at their own cost, which may be brought by or against the Promoter or any third party relating to the rights assigned under these Terms and Conditions.
4. What is the prize?
4.1. There are three levels of prizes to be awarded to the confirmed winners:
a) one (1) winner of the Skill Competition will get a Meta Quest 2 VR headset and a comfort kit (comprising of a CNBEYOUNG VR silicon cover and a kiwi design head strap) as a prize (the "Grand Prize"). The Grand Prize has an approximate total retail value of £450/$450;
b) twenty (20) runner-up winners of the Skill Competition will each get a comfort kit (comprising of a CNBEYOUNG VR silicon cover and a kiwi design head strap) as a prize (the "Runner-Up Prize"). Each Runner-Up Prize has an approximate total retail value of £50/$50;
c) twenty (20) winners of the Lucky Draw will each get a twenty five dollar ($25) or twenty five pounds (£25) Amazon giftcard (depending on country of residence of the winner) as a prize (each a "Lucky Draw Prize"). Each Lucky Draw Prize has a retail value of £25/$25,
a), b) and c) are each a "Prize" and together are referred to as the "Prizes".
4.2. If a Prize is no longer available for reasons beyond the Promoter's control, the Promoter reserves the right to offer alternative prizes of the same value at its own discretion.
4.3. The Prize must be accepted as awarded and is non-transferable or convertible to cash or other substitutes.
4.4. The Promoter disclaims any and all liability for delay in shipment of prizes due to supply chain or other issues whether or not reasonably foreseeable.
4.5. There is a limit of one (1) Prize per person.
4.6. Taxes and unspecified expenses incurred in accepting and using the Prize are the winner’s sole responsibility.
4.7. Odds of winning a Lucky Draw Prize will depend on the total number of eligible Entries received.
5. How will the winners be selected and notiﬁed?
5.1. All eligible Entries received by the Promoter during the Promotional Period will be judged or selected (as applicable) by a panel of three (3) judges, with two (2) judges chosen by the Promoter and one (1) independent judge ("Judging Panel").
5.2. The Judging Panel will select one (1) winner of the Grand Prize and then twenty (20) winners of the Runner-Up Prize (the "Skill Competition Selection") from all eligible Entries on the basis of which Participants' Works are the most creative, relevant and interesting (the "Judging Criteria"). The selection will take place on or around [18 September 2022] (the " Judging Date") at FitXR Limited, International House, 24 Holborn Viaduct, London, EC1A 2BN.
5.3. After the Promoter has successfully contacted the winners and the runners-up of the Skill Competition, the Judging Panel will select at random twenty (20) winners from all remaining eligible Entries (the "Lucky Draw"). The Lucky Draw will take place on or around [23 September 2022]. The winners of the Lucky Draw shall each win a Lucky Draw Prize. For the avoidance of doubt, the entries of the Lucky Draw shall be drawn at random and the Judging Panel will not apply the Judging Criteria to their selection.
5.4. Winners and runners-up of the Skill Competition will be notiﬁed within [5 days] of the Judging Date. Winners of the Lucky Draw will be notified within [5 days] of the date of the Lucky Draw as per subsection 3 above. If a winner cannot be contacted using the email address provided within [5 days] of notification, or if he/she fails to conﬁrm his/her postal address details for sending the Prize during this period, the Prize will be forfeited.
5.5. The Promoter will request the Judging Panel to select an alternative winner (either using the Judging Criteria if an alternative winner or runner-up of the Skill Competition shall be drawn or at random for the Lucky Draw) from all remaining valid and eligible entries in the event:
a) a winner cannot be contacted after two attempts within [5 days] of the Judging Date or date of conduct of the Lucky Draw (as applicable);;
b) a winner does not comply with these Terms and Conditions or the Promoter/ Judging Panel have reasonable grounds for believing a winner has contravened any of these Terms and Conditions; or
c) a winner does not comply with Facebook's terms, conditions and policies.
6. How will an Entrant receive his/her prize?
6.1. The winners will be notified via the email address provided as part of the Entry. The Grand Prize and Runner-Up Prizes will be posted to the winner’s address provided once notified as being a winner or runner-up (as applicable) and the Lucky Draw Prizes will be sent to the email addresses provided as part of the Entry.
7.1. The Promoter hereby makes it known that the availability and functioning of the Competition cannot be guaranteed. If the Competition has to be ended or removed due to external circumstances or constraints, e.g. technical problems, rule changes or decisions by platforms such as Facebook, Participants shall not be entitled to make any claims against the Promoter.
7.2. If any individual provisions of these Terms and Conditions are or become ineffective, the effectiveness of the remaining provisions shall not be affected.
7.3. The Promoter shall not accept any contractual, non-contractual or other liability as far as this is legally admissible, particularly any liability connected in any way with the prize or the Competition.
7.4. All Entries become the Promoter's property and will not be returned.
7.5. The Promoter accepts no responsibility for any incorrect or inaccurate information, for any error, omission, interruption, deletion, defect, delay in operation or transmission, line failure, theft or destruction or unauthorised access to Entries, for Entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside its control (to the fullest extent permitted by law).
7.6. All information provided by the Participant in connection with this Competition is provided to the Promoter directly and not to Facebook and this Competition is in no way sponsored, endorsed or administrated by, or associated with Facebook. For the avoidance of doubt, Facebook shall have no responsibility or liability to the Participant in respect of this Competition.
7.9. These Terms and Conditions shall be governed by and construed in accordance with English law and any dispute arising out of or in connection with these Terms and Conditions shall be subject to the jurisdiction of the English Courts.
8. Changes to the terms and conditions
8.1. The Promoter reserves the right to change the Terms and Conditions at any time if there are good reasons for doing so. The Promoter will make every effort to ensure that any changes do not affect participation in the Competition.
9. Contacting the company
9.1. If Participants have any questions, comments or complaints about this Competition, they can contact the Promoter at email@example.com. Entries will not be accepted at this email address, however.
9.2. The first names of winners and their home county/city and country can be requested by sending an email to firstname.lastname@example.org after the Judging Date but no later than 14 October 2022.