FULL TERMS AND CONDITIONS AND PRIVACY NOTICE
FULL TERMS AND CONDITIONS AND PRIVACY NOTICE
Privacy Notice is beneath the Terms and Conditions
1. This Promotion is open to entered Acts who meet both of the following criteria:
a. All members aged 25 or over at time of entry, no members employees of the Promoter, its agents or anyone professionally associated with this Promotion
b. At least one member is an existing tobacco and/or nicotine consumer.
2. Entrants must ensure that their participation (including acceptance of any prize) is lawful in accordance with the laws of their country of residence. This promotion is void where void under local national laws. The Promoter will not be taken to make any representations, express or implied, as to the lawfulness of any individual’s participation, or as to any other aspect of any Promotion.
3. No purchase necessary; however, internet access, a valid email address and the ability to create a FLAC, WAV or MP3 track are required.
4. Winner must respond within 48 hours of initial contact to claim Prize.
5. Promotion Period: Enter between 00:01 BST on the 19th October 2020 and 23:59 GMT on the 28th October 2020 inclusive.
6. To Enter: Visit https://www.promoentries.com/vype-thefratellis-coi/ and complete the online form to provide your details (name, email address, contact telephone number, town and country of residence) and upload an original music track (max file size 40mb, maximum 5 minutes in length, file types accepted: mp3, wav, flac) and then tell us your band/artist name (“Act”) and your relationship to the band/artist to be entered into the Competition.
7. Maximum of 1 entry is permitted per Act during the Promotion Period.
8. The Prizes: 1 winner will win:
a. 1 x half-day session at a local recording studio (chosen by the Promoter at their sole discretion) and perform a selection of their best tracks. This will be filmed and sent to The Fratellis. (‘Footage’)
b. 1 x online masterclass with The Fratellis: this will be via a Zoom call. The winning band/artist will first have a meet and greet with The Fratellis, they will then watch back their studio session. The Fratellis will then give the winning band/artist feedback based on their performance in point a. The Fratellis will then pick the winning bands/artist’s best track based on (a) creativity; (b) musical skill; and (c) uniqueness of the track. .
c. 1 x local studio & engineer recording session (lasting up to 2 days). The session will be filmed for use in the music video element of the prize. (‘Footage’)
d. 1 x track release on Cooking Vinyl Records under a digital only, worldwide distribution & marketing deal for a single record. The track chosen by The Fratellis will be sent to The Fratellis who will mix the track and then send to Cooking Vinyl Records. The track will then be mixed by producer and mixer – Tony Hoffer.
e. 1 x ‘virtual support slot’ where the footage from point a. will be used as ‘support act’ slot for a virtual Fratellis gig to be streamed on @Vype Instagram page following the winner’s best track selection. =
f. 1 x Making of/BTS Video: footage will be taken from throughout the process to create this. Will feature both the winning band/artist and The Fratellis.
g. 1 x music video of the winning band/artist performing track
9. Further Entry & Prize Details and Conditions:
a. The winning artist/band MUST all be aged over 25 and at least one member MUST be an existing tobacco and/or nicotine consumer.
b. The winning artist/band must not have any other exclusive recording agreement in place
c. Uploaded music track must be entirely the Acts own work and not a cover nor contain any sampled material that does not belong to the Act.
d. The Uploaded music track must not appeal to children. The track must be directed at adults.
e. Once the record is sent to Cooking Vinyl Records, it will take approximately 5 calendar weeks to release the track.
f. The winning Act will need to enter into a contract with Cooking Vinyl Records. All details of the track release under Cooking Vinyl Records will be subject to contract conditions.
g. By entering this Promotion, all entrants hereby grant the Promoter (or the Promoter’s designee) the exclusive right to film, tape, sound record and photograph all their activities in connection with the Promotion and (if applicable) any prizes. Everything filmed, taped or recorded by the Promoter (or the Promoter’s designee) shall be known as “Footage”.
h. All entrants hereby irrevocably and unconditionally assign to the Promoter with full title guarantee (and by way of present assignment of present and future rights) all intellectual property rights in any “Footage” throughout the world for the full unexpired period of such rights and all renewals, reversions and extensions of such period as may be provided under any applicable law throughout the world.
i. The winning Act is responsible for the behaviour of themselves whilst taking the Prize. The Promoter reserves the right in its absolute discretion to exclude the winning Act from participation in any aspect of the Prize if any party fails to comply with the directions of the Promoter or any companies associated with the Prize or if the winning Act acts in a manner that is dangerous to themselves or to the public or is, in the opinion of the Promoter, anti-social in any manner or which causes a disturbance or nuisance to others. Failure to comply with these Terms and Conditions may result in refused entry required to leave the event/venue.
j. You/the winning Act must abide by any relevant terms and conditions set by the venue/s which form part of your prize. It is your responsibility to ensure that you take care when moving around the event/venue.
k. Entrants must have consent from everyone featured in the music track before they enter the Promotion.
l. For the avoidance of doubt, the Prize does not include travel/transportation, accommodation, food, beverages, souvenirs, gratuities, car parking charges, additional excursions and attractions or any other costs of a personal nature (including spending money) that are not explicitly set out in these Terms and Conditions and neither the Promoter nor any provider of any part of the Prize will be responsible for any such costs.
m. The Promoter will reject entries which, in the reasonable opinion of the Promoter include the names, likenesses, or similar of any individual without their express permission.
n. By entering the Promotion, entrants give their permission for their entries to be used by the Promoter without further compensation, over and above the award of the prize, for up to one year for promotion purposes from the date of entry. Copyright will remain with the entrant. However, by entering this Promotion, the entrant agrees to the Promoter publishing these entries on their website and possible further use on their website, Facebook, Twitter, Instagram or other social media platforms. They also agree to other possible promotional use in media of the Promoter’s choosing without any further payment, over and above the award of the prize, for up to one year from the date of entry but with appropriate credit given to the original entrant.
o. By submitting an entry, each entrant grants to the Promoter a non-revocable, worldwide, royalty-free licence to use the copyright and other intellectual property rights vesting in their entry for all purposes connected with this Promotion, including but not limited to display on the Promoter’s website and any other website of the Promoter or its agents/contractors choosing and use of the entry, or part(s) of the entry, in marketing materials relating to this Promotion for up to one year. Each entrant also grants the Promoter and its agents/contractors the right to moderate, modify or remove any entry if it is deemed unsuitable, in whole or in part, for display on the Promotion website or in any materials relating to the Promotion. Entrants hereby represent and warrant that they have all rights necessary to grant the licence and rights provided for in this paragraph and that all materials forming part of their entry to this Promotion, and any use of such materials by or on behalf of the Promoter, comply with all applicable laws, rules, and regulations and do not infringe or otherwise violate the intellectual property or other rights of any third party.
p. Entrants must only upload music tracks that do not infringe or violate the rights of any third party, including but not limited to, ownership, copyrights, trademarks, patents, logos, licensing rights, rights of publicity or privacy or any other intellectual property rights.
10. Winner Selection: All valid entries received during the Promotion Period (subject to moderation) will be independently judged by PromoVeritas within 5 working day from the close of the Promotion Period to select 20 shortlisted entries based on the following criteria:
a. Creativity of the track
b. Musical skill
The shortlisted entries will be judged by a panel of judges, including the Fratellis, within 2 working days from the close of the Promotion Period to select 1 winner based on the same criteria.
11. Winner Notification: The winner will be contacted via the email address provided on entry within 5 working days of Winner Selection and will be required to respond to confirm eligibility and acceptance of the Prize, within 48 hours of initial contact. In the event that the winner does not respond to the initial contact within 48 hours, the Promoter reserves the right to disqualify that winner. If the winner is disqualified, the Promoter reserves the right to award the prize to a reserve selected in the same manner. Reserve winners may have less time to respond.
12. Prize Acceptance: Winners will be notified within 28 days of acceptance of the Prize to arrange delivery/fulfilment of the Prize. In the unlikely event that a Prize has not been arranged/organised within 28 days of Prize Acceptance, the winner will have a further 28 days to inform the Promoter by emailing Vype-TheFratellis@promoentries.com In the event that the winner does not inform the Promoter within this time frame, the Promoter will reserve the right to not reissue the prize or limit its value at their sole discretion.
13. Moderation: The Promoter reserves the right to reject entries which, in the reasonable opinion of the Promoter:
a. are in breach of the Terms and Conditions
b. contain any content that is offensive, obscene, sexual, derogatory, defamatory, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, which could reflect negatively upon the name, reputation or goodwill of the Promoter or any brand partner, or which is otherwise unsuitable for publication;
c. contains or refers to any third-party brand or reference any third-party names, logos and/or trademarks;
d. promotes any political agenda
e. include appeal to children.
14. Provided no objection is received, if you are the winner, your surname and county of residence will be made available by the Promoter at www.promowinners.com/Vype-TheFratellis one month after the close of the Promotion, for a period of 8 weeks. You can object to your surname or county of residence being published or request for the amount of information being published to be reduced by emailing the Promoter at Vype-TheFratellis@promoentries.com. Without prejudice, the Promoter will provide this information to any appropriate regulator on reasonable request.
15. The Promoter reserves the right to verify the eligibility of entrants. The Promoter may require such information as it considers reasonably necessary for this purpose and a prize may be withheld unless and until the Promoter is satisfied with the verification.
16. The Prize is not transferable or exchangeable and cannot be redeemed for monetary value or for any other form of compensation. If for any reason any element of the Prize is not available, the Promoter reserves the right, at its sole discretion to substitute another prize for it, of equal or greater value.
17. In the event that the Promotion is not capable of running as planned for reasons including but not limited to tampering, unauthorised intervention, fraud, dishonesty, technical failures, or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right to disqualify any individual who tampers with the entry process or does not comply with these Terms & Conditions and to cancel, modify or suspend the Promotion or invalidate any affected entries.
18. No responsibility can be taken for entries which are lost, delayed, corrupted, damaged, misdirected or incomplete or which cannot be delivered for any technical, delivery or other reason. Proof of sending will not be accepted as proof of receipt. The Promoter does not guarantee continuous or secure access to the entry site.
19. The Promoter together with any associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense or damage which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Promotion or accepting or using the Prize, except for any liability which cannot be excluded by law. Nothing will exclude the Promotor’s liability for death or personal injury as a result of its negligence.
20. An entry must be made directly by the individual entering the Promotion. Bulk entries from trade, consumer groups or third parties will not be accepted. Incomplete or illegible entries and entries submitted by macros or other automated means together with entries which do not satisfy the requirements of these Terms & Conditions in full will be disqualified and will be not be counted. If it becomes apparent that an entrant is using a computer(s) to circumvent this condition by, for example, the use of ‘script’, ‘brute force’, masking their identity by manipulating IP addresses, using identities other than their own or any other automated means in order to increase that entrant’s entries into the Promotion in a way that is not consistent with the rules of the Promotion, that entrant’s entries will be disqualified and any prize awarded will be void. Entrants are not permitted to enter using anonymous email services such as, but not limited to, GuerillaMail, Dispostable or Mailinator.
21. The Promoter will not be liable for any failure to comply with its obligations or any delay in performing its obligations within these terms and conditions If an act, omission, event or circumstance occurs caused by (but not limited to) global or regional health crises, weather conditions, fire, flood, strike, hurricane, industrial dispute, war, terrorist activity, hostilities, political unrest, riots, civil commotion, epidemic, pandemic, famine, plague or other natural calamities and acts of God or any other circumstances beyond the reasonable control of the Promoter.
22. The Promoter may refuse to award a Prize in the event of any entrant’s fraud, dishonesty, breach or non-entitlement under these Terms & Conditions or seek recovery of its value if the Prize has been awarded.
24. If any provisions of these Terms & Conditions are judged to be invalid, illegal or unenforceable, this will not affect or impact the continuation in full force and effect the remainder of the provisions.
25. By entering this Promotion, you will be deemed to have agreed to be bound by these Terms & Conditions.
26. In the event of a discrepancy between these Terms & Conditions and the details in any promotional material, the details in the Terms & Conditions will prevail.
27. These Terms & Conditions are governed by English law and their interpretation and application will be subject to the exclusive jurisdiction of the courts of England and Wales.
Promoter: Nicoventures Trading Limited, Globe House, 1 Water Street, London, WC2R 3LA.
VYPE WORLDWIDE INSTAGRAM COMPETITIONS
THE FRATELLIS FT. YOU COMPETITION
At BAT (which is the name of the business that owns ‘Vype’) we are committed to protecting your privacy – this means that we will make sure that any information you give to us through your participation in the Fratellis Ft. You competition that you enter from https://www.promoentries.com/vype-thefratellis-coi/ or the links on our Vype_Worldwide Instagram pages (“Competition“) are only used for the purposes set out in this “Privacy Notice”.
This Privacy Notice tells you what we do with your personal data, and how we comply with the laws that tell us to treat your personal data in a certain way. This Privacy Notice applies to everyone who participates in our Competition (and the Vype Worldwide team at BAT love doing competitions!).
For the purpose of this Privacy Notice, we need to tell you that the relevant legal entity responsible for your any personal data you provide to us (known as a “data controller”) is called Nicoventures Trading Limited (“BAT“, “us” or “we“).
If you need or want to get in touch with us, we have provided general contact details in the “How to Contact Us” section of this Privacy Notice or (to save you scrolling to this section, you can email us at email@example.com.
We may change this Privacy Notice from time to time so please check it regularly on the bio of @vype_worldwide (our competition page) or https://www.promoentries.com/vype-thefratellis-coi/
WHAT INFORMATION WE COLLECT ABOUT YOU & WHY
Depending on the circumstances and applicable local laws and requirements, we may collect the information detailed below. You can learn about the reasons why we do this later in this Privacy Notice.
• If you enter our Competition, we will collect your full name, town and country of residence, email address, date of birth, telephone number and your stage name or the name of your band (if applicable) and your relationship to the band or artist if you are applying on their behalf (e.g. as their manager or agent). We will also collect any of your personal data included in the audio files you upload to enter our Competition (including your voice), and the time and date you accept our terms and submit your application to us.
• If you win our Competition, we will also collect your address, the names of other members of your band (if applicable) and any of your personal data that appears in the photographs or music and other videos created as part of your prize.
• If you correspond with us in connection with the Competition, any of your personal data included in your correspondence.
We collect this data from you on a voluntary basis however if you don’t let us collect this data, you may not be able to enter the Competition and we may not be able to continue our relationship with you. For example, this Competition is only open to tobacco and/or nicotine consumers aged 25 or over, or, in the case of bands, those whose members are all aged 25 or over and where at least one member is a tobacco and/or nicotine consumer. Winners of this Competition will be contacted via email, during which we will ask the winner to confirm that they or at least one member of their band (as applicable) are a tobacco and/or nicotine consumer and that they and all members of their band (as applicable) are aged 25 or over. If you do not provide these confirmations, you will not be able to continue to be an entrant to this Competition and we reserve the right to withdraw any applicable prize from you (and, if applicable your other band members) and pick a replacement winner.
HOW DO WE COLLECT YOUR PERSONAL DATA?
Most of the data we hold about you, will be information you provide to us when submitting your entry for the Competition. We may ask our third parties who work with us to assist in our Competition to collect information from you on our behalf e.g. verification checks of proof of age where the prize awarded warrants it such as age restricted prizes. We may also collect data from you if you contact us proactively, usually by email or social media.
HOW WE LAWFULLY USE YOUR PERSONAL DATA
There are a few ways the law allows us to process (i.e. use) your personal data. These are explained below.
• Where using your data is in our legitimate interests
We can process your personal data where it is in our “legitimate interests” to do so, and those legitimate interests are not outweighed by any potential prejudice to you – some of these are set out below:
o Using your data to help us run of our Competition and award you a prize (if you win);
o To market and advertise BAT products and services to the extent permitted by the law;
o To help us establish, exercise and defend legal claims; and
o For our internal admin purposes.
We don’t think that any of the activities set out in this Privacy Notice will prejudice you in any way. However, you do have the right to object to us and we’ve set out details regarding how you can go about doing this in the ‘You Have Rights!’ section below.
• Where using your data is necessary for us to carry out our legal obligations
When we have legal obligations that we need to comply with, we can use your personal data to comply with those other legal obligations (for example to verify your age).
• Where you give us your consent to use your personal data
We can use your data where you have specifically given us permission to do so in certain circumstances. For example, where we wish to use your name and image in our publicity materials.
You have the right to withdraw your consent at any time. We have set out details regarding how you can go about this in the section ‘You Have Rights!’ below.
SHARING YOUR PERSONAL DATA WITH OTHERS
Sometimes we will share your information to ensure that we can carry out our Competition in a fair, efficient and transparent manner. We may share your information with any of the following groups:
• Any of our BAT entities. Your personal data may be shared with other members of the BAT group, for example, in the country in which you tell us you reside.
• Regulatory authorities. We may share your information with authorities when we believe that the law or other regulation requires us to do so (for example, because of a request in connection with any anticipated litigation or in order to help prevent fraud or to enforce or protect the rights and properties of BAT or its subsidiaries).
• Third party service providers. We may share your information with third party service providers who perform functions on our behalf (such as PromoVeritas – a company that is assisting us with our Competition, who may further share your personal data with appropriate service providers such as sound engineers, recording studios, PR and marketing service providers and Cooking Vinyl Records, the record label that will release the winner’s music track). We will only share information with such service providers where we have an appropriate data processing agreement (or similar protections) in place.
• Professional advisors and auditors. We may disclose your personal data to professional advisors (such as legal advisors and accountants) or auditors for the purpose of providing professional services to us.
• Acquisitions. If a BAT entity merges with or is acquired by another business or company in the future, we may share your personal data with the new owners of the business or company.
HOW WE LOOK AFTER YOUR PERSONAL DATA
We care about protecting your information. That is why we put in place appropriate measures that are designed to prevent unauthorised access to, and misuse of, your personal data.
We do this by having in place a range of appropriate technical and organisational measures, including encryption measures and disaster recovery plans.
Unfortunately, please note, when you send us your personal data there is always risk involved in sending information through any channel over the internet, and when you send information over the internet, it is entirely at your own risk.
WHERE DO WE STORE YOUR PERSONAL DATA?
Your personal data may be sent outside of the UK or European Economic Area or EEA (i.e. the Member States of the European Union from time to time, together with Norway, Iceland and Liechtenstein) to the types of entities described in the section called ‘Sharing Your Personal Data with Others’ above.
We want to make sure that your personal data is stored and transferred in a way which is secure. We will therefore only transfer data outside of the UK/EEA where it is compliant with data protection laws and the way we transfer it provides adequate safeguards in relation to your data (e.g. using EU Commission approved contracts that we put in place between ourselves and the recipient organisation of your data).
HOW LONG DO WE KEEP YOUR PERSONAL DATA?
We only keep your personal data for as long as necessary – after which time we destroy it. We will destroy your contact information and other details you submit with your entry within 6 months of the date we collect that information and we destroy your audio files within 6 months of the date you upload those files to us.
Just so you know, we may be required by law to retain your data for a longer period in certain circumstances. This may be because we are subject to a regulatory or other legal obligation in a specific jurisdiction which requires us to keep data for a specified period and we need to comply with those legal/regulatory requirements. If you would like more information regarding our data retention policies and practices, please contact us using the contact details set out at the end of this Privacy Notice.
YOU HAVE RIGHTS!
You have various rights in relation to the data which we hold about you. We have set these out below, only to the extent that they are relevant to the Competition and your participation as an entrant!
• Right to object
This right enables you to object to us processing your personal data. If you object, we will stop using your data unless we can demonstrate compelling legitimate grounds (which overrides your interests) or if our use of your data is necessary for the establishment, exercise or defence of legal claims.
• Right to withdraw consent
Where we have obtained your permission to process your personal data for certain activities, you may withdraw this consent at any time. If you ask us to do this, we’ll stop using your data unless we consider that there is an alternative legal reason to justify our continued processing of your data for this purpose, in which case we will tell you.
• Right to access your data
You may ask us for a copy of the information we hold about you at any time. We will respond to your request within one month. That period may be extended by two further months where necessary, taking into account the complexity and number of requests. We may request proof of identification to verify your request. If you request further copies of this information from us, we may charge you a reasonable administrative cost. Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will always tell you the reasons for doing so.
• Right to erasure
You have the right to request that we “erase” your personal data in certain circumstances. We would only be entitled to refuse to comply with your request for erasure in limited circumstances and we will always tell you our reason for doing so.
• Right to restrict processing
You have the right to request that we restrict our processing of your personal data in certain circumstances, for example if you dispute the accuracy of the personal data that we hold about you or you object to our processing of your personal data for our legitimate interests. If we have shared your personal data with third parties, we will notify them about the restricted processing unless this is impossible or involves disproportionate effort. We will, of course, notify you before lifting any restriction on processing your personal data.
• Right to rectification
You have the right to request that we rectify any inaccurate or incomplete personal data that we hold about you. If we have shared this personal data with third parties, we will notify them about the rectification unless this is impossible or involves disproportionate effort. You may also request details of the third parties that we have disclosed the inaccurate or incomplete personal data to. Where we think that it is reasonable for us not to comply with your request, we will explain our reasons for this decision.
• Right to complain
You also have the right to lodge a complaint with a supervisory authority – for us this is the Information Commissioner’s Office (“ICO”) in the UK. For further details, please visit www.ico.org.uk.
HOW TO CONTACT US
If you have any queries about this Privacy Notice, including your rights in relation to your personal information, please contact our customer services team by direct message on Instagram to @Vype_worldwide or email us at firstname.lastname@example.org.