Zion Clark’s Birthday Giveaway (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 "Organiser") in relation to the Competition.

1.2. The Competition opens at 15:00 BST / 10:00 EST on 29 September 2022 and closes at 23:59 BST /18:59 EST] on 3 October 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 Organiser is making the competition available on Instagram. 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. 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 United States who are aged at least 18 or over or the age of majority in their country/province/state of residence, whichever is older, at the time of entry. The Organiser assumes by entering the Competition, the Participant has legal capacity to enter the Competition.

2.2. Employees of the Organiser, 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. Any dispute as to the identity of the Participant will be resolved by judges in their sole discretion.

3. How can I enter?

3.1. During the Promotional Period, users can enter the Competition and have the chance to win the Prize (as defined in paragraph 4 below) by:

a) logging on to their Instagram account, following the official @wearefitxr Instagram page ("Instagram Competition Page"), liking the promotional material post for the Competition on the Instagram Competition Page and tagging one (1) active account of the Participant's friends in the comments section of the promotional post for the Competition on the Instagram Competition Page (friend must be personally known to user; do not tag another user without their consent).

3.2. The Organiser reserves the right to exclude entries to the Competition and to delete comments on the Instagram Competition Page 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.

3.3. The participant indemnifies the Organiser from all claims arising in connection with such non-permitted entries.

3.4. Participation via competition services and automated competition procedures (or similar) is not permitted and the Organiser reserves the right to remove or exclude Participants suspected of using automated devices from the Competition without stating reasons. Participants who try to disrupt the Competition or give themselves an unfair advantage by using prohibited tools shall also be excluded from taking part.

3.5. The Organiser cannot be held accountable for entries submitted via social media accounts which are not visible or searchable due to the Participant's social media privacy settings.

4. What is the prize?

4.1. There is one prize to be awarded to one confirmed winner who will get an Oculus Quest 2 VR headset, and a 12 month subscription to FitXR, as a prize ("Prize"). The Prize has an approximate retail value of $484.  

4.2. If a Prize is no longer available for reasons beyond the Organiser’s control, the Organiser 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 Organiser disclaims any and all liability for delay in shipment of prize due to supply chain or other issues whether or not reasonably foreseeable.

4.5. There is a limit of one (1) prize per person, family, household or address.

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 prize depend on the total number of eligible entries received on the applicable social media channel (i.e. Instagram). 

5 How will the winner be selected and notified?

5.1. The independent judge will select at random one winner from all eligible entries. The prize draw will take place on or around 4 October 2022 (the "Draw Date") at FitXR Limited, International House, 24 Holborn Viaduct, London, EC1A 2BN.

5.2. Winners will be notified within 5 days of the Draw Date. If a winner cannot be contacted using the Instagram handle provided within 5 days of notification, or if they fail to confirm their postal address details for sending the Prize during this period, the Prize will be forfeited.

5.3. The Organizer will select an alternative winner from all remaining valid and eligible entries in the event:

a) the winner cannot be contacted after two attempts within 5 days of the Draw Date;

b. the winner does not comply with these Terms and Conditions or the Organiser/judges have reasonable grounds for believing a winner has contravened any of these Terms and Conditions; or

c. a winner does not comply with Instagram’s terms, conditions and policies. 

6. How will I receive my prize?

6.1. The winners will be notified via the direct messenger service on Instagram. The Prize will be posted to the winner’s address provided once notified as being a winner.

7 Miscellaneous

7.1. The Organiser 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 Instagram, Participants shall not be entitled to make any claims against the Organiser. 

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 Organiser 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 information provided by the Participant in connection with this Competition is provided to the Organiser directly and not to Instagram and this Competition is in no way sponsored, endorsed or administrated by, or associated with Instagram. For the avoidance of doubt, Instagram shall have no responsibility or liability to the Participant in respect of this Competition. 

7.5. The Organiser will collect the Participant's personal information (name, Instagram account and information submitted as part of the entry including the Instagram account of the tagged friend) when the Participant enters this Competition and the postal address only for winners for the Organiser's legitimate interests including for the purposes of the entry into this Competition and in order to conduct and administer the Competition. If the Organiser does not collect the Participant's personal information, the Participant will not be able to submit a valid entry into the Competition or claim the prize. The Organiser may only disclose this personal information to third parties for the sole purpose of processing and conducting this Competition. The Organiser's privacy policy at https://fitxr.com/privacy contains information about the manner and purposes they collect and use personal information, how Participant's may access, seek rectification of and delete the personal information held by the Organiser, and how a Participant may complain about a breach of data protection law and how they deal with such complaint. The Organiser shall destroy personal information from the Participant within two months after the Draw Date, save for information used for winners' details which shall remain available on the Organiser's internal systems.

7.6. 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 Organiser reserves the right to change the Terms and Conditions at any time if there are good reasons for doing so. The Organiser 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 Organiser at social@fitxr.com. Entries will not be accepted at this email address, however.

9.2. The first name of the winner and their home county/city and country can be requested by sending an email to social@fitxr.com after the Draw Date but by no later than 31 October 2022.