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Competition Terms & Conditions

PHOTO WITH PERRY MEGASTORE COMPETITION 

TERMS AND CONDITIONS

Please read these terms and conditions ("Terms") carefully. These Terms apply to the Megastore Instagram Photo Competition as further described in these Terms (the “Competition”). 

The promoter of the Competition is Birmingham Organising Committee for the 2022 Commonwealth Games Ltd (“B2022”). If you have any queries about the Competition or these Terms then please contact us at licensing@birmingham2022.com.  

The Competition is a social media photo competition, with the chance to win 2 tickets to the Birmingham 2022 Closing Ceremony. To enter, You will be required to visit the Birmingham 2022 megastore, located on Centenary Square B1 2ND, and take a photo or selfie with B2022’s mascot statue Perry (the “Perry Statue”) inside the store. After the photo has been taken, You must post it to Instagram with Your public Instagram account, using the campaign hashtag #ShopB2022. Please also make sure that you follow B2022’s official Instagram account @birminghamcg22 to secure your entry.

You will be legally bound by these Terms from the time you submit an entry for the Competition. If there is a conflict in these Terms with any other terms whatsoever attached to any other advertising material in respect of this Competition, these Terms will take precedence. 

Opening and closing dates, eligibility

1               The Competition will open at 10:00 GMT on Monday 25 July 2022, and will close at 23:59 GMT on Sunday 31st July 2022 (the “Competition Entry Window”).  

2               The Competition is open only to natural persons who have reached the age of 18 as of the date of Entry (“Entrants”). 

3               Employees of B2022, its subsidiary companies, their families, agents and other parties directly involved with this Competition are not eligible to enter. 

4               Entry to the Competition is free of charge. There is no qualifying purchase required.

5               Internet access, and a public Instagram account is required to enter the Competition.  

Entry

6               To enter the Competition, You must:

(a)   Visit the Commonwealth Games Megastore (the “Megastore”) located at Centenary Square, Birmingham B1 2ND, during its opening hours. (Further information about the Megastore, how to find the Megastore and its opening hours can be found on the Birmingham 2022 official website https://shop.birmingham2022.com/pages/megastore); and

(b)   Go inside the Megastore and take a photo or selfie (the “Photo”) with or next to the official Birmingham 2022 mascot Perry Statue; and

(c)   Post the Photo to Your own public Instagram account with the hashtag #shopb2022. Your Instagram account (to which the Photo is posted) must follow B2022’s official Instagram account at @birminghamcg22. 

7               Any Photos posted to Instagram after 23.59 GMT on Sunday 31st July will not qualify as an entrant to the Competition.

8               The Photo must be posted as a grid post. The Photo may also be shared on an Instagram story, however Photos that are only posted to an Instagram story will not qualify for entry into the Competition. 

9               The Photo must be taken with the official Perry Statue located inside the Megastore. Any Photo and/or Photos of You, and/or your friends and/or family: with any other Perry mascot statue; with a Perry figurine or other version of Perry; without the Perry Statue; or of only the Perry Statue, will not qualify for entry into the Competition.

10            By entering the Competition, you hereby warrant that you hold all rights in the submitted Photo. B2022 reserves the right to disqualify and remove any submitted photos from the Competition based on suspicion of copyright infringement or violation of these Terms and/or the Community Guidelines below.

11            All Photos submitted to the Competition must comply with the community guidelines of Instagram (“Community Guidelines”) (which can be found here: https://help.instagram.com/477434105621119/)

12            An entry must continuously comply with these Terms from the point of entry to the Competition, until at least 10 working days after the closing of the Competition entry window (23.59 GMT 31st July 2022). Any Photo that during this timeframe (for any period of time, however brief) is removed from Instagram, is changed to a privacy setting other than public, is no longer tagged with the hashtag #shopb2022, or where the Instagram account no longer follows @birminghamcg22, or otherwise fails to comply with these Terms may not be eligible for the Prize Draw.

Restrictions on Entry

13            There is a maximum of one (1) entry per individual (an “Entry”).

14            A Photo may only be submitted for entry to the Competition once. 

15            Only Photos posted on from Instagram accounts which are public/open accounts/profiles will be considered as valid Entries. Entries will not be acknowledged. 

16            Entrants are not permitted to create multiple accounts for the purpose of the Competition.  Entries generated by script, macro, mechanical or other automated means are prohibited and will cause disqualification.  Multiple entries made through agents, third parties, organised groups or any entry duplication method will not be accepted.

17            Birmingham 2022 reserves the right to disqualify any entrant or entry it believes is in breach of the Terms or not to be participating within the spirit of the Competition, or suspects of participating in any unfair or unjust behaviour.  B2022 reserves the right to use its discretion in all respects and to enforce any penalty or sanction it deems appropriate.

18            Entries that are not submitted in accordance with these Terms and/or that are delayed, damaged, incomplete, altered, illegible or otherwise defective will be disqualified and not eligible to be entered into the Prize Draw.

19            If at any time You wish to withdraw from the Competition, your request should be made in writing to B2022 at licensing@birmingham2022.com.

Selection of the Winners 

20            Within 48 hours of the closing of the Competition entry window, a total of one (1) winner will be selected at random using a random number generator from all valid and eligible entries (the “Winner”).

21            The Winner will be notified by B2022 through a direct Instagram message from @birminghamcg22. Entrants are encouraged to monitor their Instagram direct messages (including spam folders) during this time in case they are a Winner.

22            Within 36 hours of being notified that they are the Winner, the Winner must accept the Prize by providing B2022 via Instagram direct message, their full name, email address and the full name of the guest who will attend the Closing Ceremony with the Winner.  

23            The Prize will be allocated to the Winner via email. The Winner is encouraged to monitor their email account (including spam folders) when waiting to receive the Prize.

24            Failure by the Winner to accept the Prize by Thursday 4 August may result in the Winner forfeiting the Prize, and the draw for the Prize being rerun to select a new Winner.

25            If the Winner is unable to accept the Prize for any reason, then B2022 must be notified as soon as possible. 

26            Entrants who have not won a Prize will not be notified. 

The Prize

22        The Winner will win a pair of tickets (one (1) ticket for the winner and one (1) ticket for a guest) to the Birmingham 2022 Closing Ceremony on Monday 8th August 2022 being held at the Alexander Stadium, Birmingham, UK at 20.00 GMT.

27            The Prize is not transferrable, and there is no alternative to the Prize. 

28            The Prize excludes all costs and expenses incurred by the Winner and/or their guest in accepting and using the Prize, including: travel, accommodation, food and beverages and any other sundry expenditure. 

29            The Prize is non-transferable, and no cash or credit alternatives will be substituted for the prize on offer. In the event that the Prize offered is unavailable due to circumstances beyond B2022’s control, B2022 reserves the right to offer an alternative prize of equal or greater value.

30            The Prize is not be assigned to anyone else. You must attend the Closing Ceremony with a guest of your choice. 

31            The Prize is subject to all applicable ticket terms and conditions and venue entry conditions. The Winner and their guest must comply with all terms and conditions and all laws and regulations applicable to the tickets (the “Ticketing Terms and Conditions”) which can be found at: https://www.birmingham2022.com/terms-and-conditions/ticketing/

32            The names of the Winner shall be available on request by contacting youth@birmingham2022.com. 

Publicity

33            The Winner may be required to take part in non-paid publicity or advertising relating to the Competition, which may include having their photograph taken for promotional purposes.

34            Entrants may be contacted by B2022 for the purposes of administrating the Prize or in the event that B2022 wishes to discuss any other use of the information and/or Photo submitted to the Competition.

General

35            B2022 must either publish or make available information that indicates that a valid award took place. To comply with this obligation, the Instagram handle of the Winner shall be made available upon written request by contacting B2022 via email at  licensing@birmingham2022.com, or by writing to B2022 at its registered office address (enclosing a self-addressed envelope) within one month after the closing date stated in condition 1. If you object to your Instagram handle and winning entry being published or made available, please contact  licensing@birmingham2022.com. In such circumstances, the Promoter must still provide the information and winning entry to the Advertising Standards Authority on request. 

36            B2022 has the right at any time, without notice, at its sole discretion, to close the Megastore, to amend the opening times of the Megastore, to refuse entry to the Megastore to any individual for any reason, and/or to request an individual or individuals to leave the Megastore for any reason.

37            The Competition is subject to all applicable laws and regulations and is void where prohibited or restricted by law.

38            By sharing pictures, photos and/or videos on social media channels using the hashtag #ShopB2022, the entrants will be deemed to have obtained the provision of all consents in respect of the photography, filming, or broadcasting of any individual’s name, likeness or image before submitting. They also consent for the Photo to be used free of charge by B2022 or its designated agents in all media worldwide for all purposes in perpetuity, including, but not limited to, television platforms and newspaper.

39            By entering the Competition, each entrant grants B2022 a world-wide, perpetual, irrevocable, non-exclusive, transferable, royalty free and sub-licensable right and licence to use reproduce, modify, adapt, publish or display (in whole or in part) any intellectual property contained in the content of their entry, without royalty, payment or other compensation. Each entrant agrees not to assert the enforcement of any moral rights in relation to such use and warrants that they have full authority to grant such rights.

40            It is the responsibility of the entrant to provide correct, up-to-date details when entering the Competition and upon acceptance of any Prize.  B2022 cannot be held responsible for the Winner failing to supply accurate information which then affects Prize acceptance or fulfilment of their Prize.

41            B2022 will award the Prize as described in these Terms, but B2022 accepts no responsibility or liability for any use of the Prize.

42            B2022 accept no liability for failure of the Winner and/or their guest to comply with these Terms, and/or the Ticketing Terms and Conditions, including failure to comply with any conditions of entry to Alexander Stadium. It is the responsibility of the Winner and their guest to ensure they have read the Ticketing Terms and Conditions in full before accepting the Prize.

43            B2022 reserves the right to delay, postpone or cancel the Competition and/or amend or alter these Terms without prior notice in the event of circumstances outside its reasonable control, which it considers make it necessary for it to do so.

44            B2022 reserves the right to void the Prize and/or change other promotional conditions provided that such changes are necessary and can be justified by objective reasons.

45            B2022 reserves the right to refuse to honour any entry or to recover the full value of any Prize if it considers there has been an abuse or breach of these Terms.

46            Entry into the Competition is at the entrant’s sole risk. To the extent permitted by law, B2022 shall accept no responsibility for any damage, loss, liabilities, injury, costs, expenses or claims (whether in contract, tort or otherwise) suffered by entrants or any third parties arising out of or in connection with the Competition and/or accepting a Prize. B2022 further disclaims liability for any injury or damage to entrants or any other person relating to or resulting from participation with the Competition save that nothing in these Terms shall act to limit or exclude B2022’s liability resulting from its negligence or fraud.

47            B2022 accepts no responsibility for entries that are illegible or lost, delayed, damaged or rendered invalid for any reason beyond its control.  B2022 takes no responsibility for any technical failure or malfunction which may result in any entry being lost or not properly registered or recorded. 

48            All dates stated in these Terms are subject to change without notice.

49            Any personal information supplied in connection with the Competition will be used, shared and retained as set out in the Privacy Notice posted at https://www.birmingham2022.com/privacy-notice/. 

50            If any of these Terms are determined to be illegal, invalid or otherwise unenforceable then entrants agree that the remaining terms shall continue in full force and effect. 

51            In the event of a dispute over interpretation or implementation of these Terms or of on any matter related to the Competition including but not limited to the Prize, the validity and/or eligibility of any Entrant, the decision of B2022 is final and no correspondence will be entered into.

52            The Competition and these Terms (including any non-contractual disputes or claims arising out of them) are subject to English law.  Any disputes must be referred to the English courts.  If the entrant is a resident of Northern Ireland, Scotland, the Channel Islands or the Isle of Man, then they will additionally be entitled to bring an action in their home courts.