DAMNKICKS TERMS AND CONDITIONS
1. Qualifying Persons
1.1 Damnkicks Ltd. (‘Damnkicks’, 'Promoter', 'our(s)') operate competitions – skilled prize competitions resulting in the allocation of prizes in accordance with these Terms and Conditions on the website www.damnkicks.com (the 'Website') - (the 'Competition(s)').
1.2 The Competitions are open to all persons aged 18 and over and the age of majority in their country of residence excluding the Promoter's employees or members of their immediate family, agents or any other person who is connected with the creation or administration of our Competitions.
2. Legal Undertaking
2.1 By entering a Competition the entrant ('Entrant', 'you', 'your(s)') will be deemed to have legal capacity to do so, you will have read and understood these Terms and Conditions and you will be bound by them and by any other requirements set out in any related promotional material.
2.2 These Competitions are governed by English Law and any matters relating to the Competition will be resolved under English Law and the Courts of England shall have exclusive jurisdiction.
2.3 In the event that you participate in a Competition online via the Website, and by accepting these Terms and Conditions you confirm that you are not breaching any laws in your country of residence regarding the legality of entering our Competitions. The Promoter will not be held responsible for any Entrant entering any of our Competitions unlawfully. If in any doubt you should immediately leave the Website and check with the relevant authorities in your country.
3. Competition Entry
3.1 These Competitions may be entered online via the Website. There is 1 category of Competition: Dream Sneakers Competition.
3.2 Availability and pricing of Competitions and tickets is at the discretion of the Promoter and will be specified on the Website.
3+, 5+ and 10+ ticket price categories are available in the Dream Sneakers Competition. Dream Sneakers Credit won will be applied relative to the purchase price of each ticket in a given Dream Sneakers Competition.
3.3 "Your Damnkicks Account(s)
In order to enter a Competition, you will need to register an account with us.
(a) You can register an account online at www.damnkicks.com
(i) To register an account online you will be asked to provide an email address or sign in via a social media account, such as Facebook, Apple, Twitter or Google (‘Social Media Account’)
(b)Please note that your email address or Social Media Account will also be the username that you use to log in to your account. Each account can only have one username attributed to it at any given time ("Damnkicks Account"). Therefore, you cannot attribute multiple email addresses, or Social Media Accounts to your Damnkicks Account. For example:
(i) You cannot have an email address and a Social Media Account attributed to your Damnkicks Account.
(ii) You cannot have two or more email addresses attributed to your Damnkicks Account. You can however, change your username for your Damnkicks Account by logging into your Damnkicks Account. For example, you can create your Damnkicks Account using one email address and at a later date change your username for your Damnkicks Account to another email address. However, if you create multiple accounts using different email addresses or Social Media Accounts, each username will be treated as a separate Damnkicks Account.
3.4 To enter a Competition, follow the on-screen instructions to:
(a) select the Competition(s) you wish to enter, choose your tickets and play the Spot the Ball Challenge:
(b) for each Dream Sneakers Competition, Charity Competition, Custom Sneakers Competition and Lifestyle Competition, you will need to complete a Spot the Ball challenge onscreen, which shall operate as follows:
(i) ) you will be shown a sporting photograph which will not contain a ball;
(ii) using all the information shown in the sporting photograph displayed on the computer screen use your skill and judgement to correctly identify the grid square within which you consider the Judge will decide, is the most likely position for the centre of the ball if one had been present in the image;
(iii) click on the screen to mark this spot (you can see your spot's coordinates on the screen). The computer will register this spot as your entry into the Competition ('Spot the Ball Challenge');
(c) you may repeat the process for the Spot the Ball Challenge for as many entries as you wish to make, up to the specified limit. You will require one Ticket for each entry.
(d) and when you are ready to purchase your Ticket(s), provide your contact and payment details. You will need to check your details carefully and tick the declaration at checkout, confirming you have read and understood the Competition Terms and Conditions;
(c) once your payment has cleared we will email you to confirm your entry into the Competition. Please note that when entering online you will not be deemed entered into the Competition until we confirm your Ticket(s) order back to you by email.
3.5 The Promoter reserves the right to refuse or disqualify any incomplete Entries if it has reasonable grounds for believing that an Entrant has contravened any of these Terms and Conditions.
3.6 To the extent permitted by applicable law, all Entries become our property and will not be returned.
3.7 Dream Sneakers Competition: Entries (tickets) are limited to ninety nine (99) per person, per Competition. Abuse of this limit will not be tolerated and if the Promoter has reasonable grounds to believe that an individual is exceeding this limit, for example by entering a Competition using multiple accounts, it reserves the right at its sole discretion to void any orders, any Dream Sneakers Credit won or to award any prize to the next closest entrant. In addition, if any person using a single account exceeds entries in a single Competition for any reason, the Promoter reserves the right at its sole discretion, to void any tickets without notice firstly on a chronological basis with respect to orders, and then on a sequential basis with respect to ticket references contained within an order, so as to void any tickets exceeding the first 99 paid tickets entered into the Competition.
4. Promotion Periods
4.1 Each Competition will run for a specified period. Please see each Competition for details of start and end times and dates ('Promotion Period(s)').
5. Competition Judgement
5.1 Dream Sneakers Competition: The position of the centre of the ball will be determined after the close of the Competition by an independent Panel of Judges (sporting experts appointed by the Promoter – the 'Judge') using their sporting experience and in the presence of a qualified lawyer and a representative from the Promoter ('Judge's Position').
5.2 Within forty eight (48) hours of the end of the respective Dream Sneakers Competition, the Judge's Position will be computed against the database of coordinates to mathematically calculate which of the valid and eligible Entries received by the Promoter is closest to the Judge's Position, and therefore the winning Entrant (the 'First Prize Winner') of the prize. The First Prize Winner will be the person who correctly identifies, or if no one is correct, who is closest to, the Judge's Position. In respect of the Dream Sneakers Competition, the Promoter will also select ten (10) runners up Entries, who will be adjudged to be the ten (10) Entries (after the Winner) closest to the Judge's Position ('Runners Up'). For the avoidance of doubt, distance will be measured by calculating the straight line distance from each valid and eligible Entry to the Judge's Position ('Distance').
5.3 Dream Sneakers Competition: In the event that there are two or more Entrants with valid and eligible Entries that are equally close to or exactly match the Judge's Position (each a 'Tie Break Entry'), the entrants to whom such Tie Break Entries belong, identified by their Damnkicks Account (the 'Tie Break Entrants') will participate in a tie break mechanic to determine the First Prize Winner for such Competition as follows:
(a) Tie Break Scenario 1 – in the event that each of the Tie Break Entrants has made multiple Entries to the Competition: in Tie Break Scenario 1, the other Entries to the Competition made by each Tie Break Entrant using the same Damnkicks Account as their respective Tie Break Entry will be used to determine the First Prize Winner as follows - the First Prize Winner will be determined by calculating the Distance of the next closest Entry to the Judge's Position (excluding the Tie Break Entry) ('TB1 Entries') made by each Tie Break Entrant in that Competition ('Tie Break 1'). In the event that a single Entrant has more than one Entry involved in a Tie Break, each Entry will be considered individually and eligible to be the next closest entry to each other. In the event that Tie Break 1 results in a tie break, the Tie Break 1 process will be repeated until there are no more TB1 Entries to judge. For the avoidance of doubt, it is not necessary for the Tie Break Entrants to have made the same number of Entries. However, judging under Tie Break 1 will cease when there are no longer sufficient TB1 Entries to compare. For example, if the first Tie Break Entrant has made a total of 5 Entries and the second Tie Break Entrant has made a total of 10 Entries, judging will cease after a maximum of 4 rounds of Tie Break 1 because the first Tie Break Entrant has no further TB1 Entries to compare. If a winner cannot be determined by using the Tie Break 1 process, such tied entrants ('TB1 Tie Break Entrants') will participate in Tie Break 2 (defined in 5.3(b) below);
(b) Tie Break Scenario 2 – in the event that one or more of the Tie Break Entrants has only made one (1) Entry to the Competition or in the event that Tie Break 1 results in a tie break:
the Tie Break Entrants or the TB1 Tie Break Entrants (as relevant) will be asked to take part in another Spot the Ball Challenge using a new sporting photograph in order to determine a single First Prize Winner (the 'Tie Break 2'). Tie Break 2 will be entered and judged on the same terms as the original Spot the Ball Challenge and there will be no additional payment due. In the event that Tie Break 2 results in a tie break, the Tie Break 2 process will be repeated with the respective tied Entrants until there is a single First Prize Winner. In the event that a single Entrant has more than one Entry involved in a Tie Break, each Entry will be eligible for a separate Tie Break 2 Entry. If the Promoter is unable to contact one or more of the Tie Break Entrants or the TB1 Tie Break Entrants (as relevant) for Tie Break 2, within three (3) days (which may be extended at the sole discretion of the Promoter) of identifying such Tie Break Entrants (or TB1 Tie Break Entrants as relevant), Tie Break 2 will be concluded without that particular Tie Break Entrant or the TB1 Tie Break Entrant (as relevant). All Tie Break Entrants, including those that we were unable to contact will be automatically allocated a tie break prize in accordance with rule 7.1(i). Tie Break 1 and Tie Break 2, together referred to as "Tie Break".
5.4 The Promoter will attempt to contact Winner(s) using the telephone numbers and email address provided at the time of Entry (or as subsequently updated) and held securely in our database. It is the Entrant's sole responsibility to check and update these details. If for any reason they are taken down incorrectly, the Promoter will not be held responsible. Entrants must carefully check their contact details have been recorded correctly.
5.5 If for any reason the Promoter is unable to contact a Winner within 5 days (which may be extended at the sole discretion of the Promoter) of the end of a Competition or the Winner fails to confirm acceptance of the prize or the Winner is disqualified as a result of contravening any of these Terms and Conditions, the Winner will forfeit the prize and it will be awarded to the Entrant with the next closest coordinates or the first runner Up selected in a Multiple Choice Challenge Competition, as defined in the judging process. For the avoidance of doubt once the prize has been forfeited the original Winner, Runners Up, Tie Break Entrants will have no further claims against the Promoter.
5.6 The Promoter reserves the right at its sole discretion to extend the closing date of any competition, if for any reason any aspect of the competition is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Competition. The Promoter may in its sole discretion cancel, terminate, modify or suspend a Competition, or invalidate any affected entries. In the event that the Promoter closes a Competition early, the Winner may be selected from all valid and eligible Entries received by the Promoter prior to the date of closure, except that the Promoter reserves the right, at its sole discretion, to close a Competition early without selecting a Winner. In the event that a Competition is closed without selecting a Winner, the Promoter will give all entrants Dream Sneakers Credit to enable them to replay equivalent tickets in a subsequent competition.
5.7 All Entrants are automatically entered onto the Promoter's database for the purpose of conveying information as to the status of their Competition, as well as any future Promotions or Competitions offered by the Promoter.
6. Winner's Details
6.1 The Winners will be required to send a copy of their passport to the Promoter to confirm their identity, age and also to prove that if the purchase was made by credit card that the card was legally theirs or that they had authorisation to use it, before any prize will be paid or delivered. Any failure to meet these obligations may result in the Winner being disqualified and the Promoter choosing an alternate winner.
6.2 All Winners will also be required to provide photographs and/or pose for photographs and videos, which may be used in future marketing and public relations by the Promoter in connection with the Competition and in identifying them as a winner of a Competition.
6.3 Following receipt and verification of the details requested above by the Promoter, the Winners will be contacted in order to make arrangements for delivery of the prize. At this point the Winners must choose between the prizes available (as detailed in the Competition prize information on the Website) and notify the Promoter of their choice in writing.
6.4 Surprise Contact Details: On your account page you have the option to add the contact details of an individual who we can contact to help arrange with the surprise if you are a Winner. We will categorically not share or pass these details on to any third party but in adding them you are confirming that you have the consent from the person to pass these details to Damnkicks.
7. Competition Prizes
7.1 Dream Sneakers Competition: Dream Sneakers Competition is comprised of many different sneakers. For the avoidance of doubt, there will be only one prize awarded for each Dream Sneakers Competition ('First Prize') and not one per model of sneakers listed. Please also note the following:
(a) During the course of a Dream Sneaker Competition, if due to circumstances beyond the Promoter's control, the Promoter is unable to provide the stated First Prize, the Promoter reserves the right to award a selection of sneakers of equal or greater value.
(b) StockX is our reference to set our “Market value” and the currency will always correspond to USD.
(c) Prizes market value reference: If the sizes shown on StockX correspond to a US M unit, we will use size US7 M as reference.
If the sizes shown on StockX correspond to a EU unit, we will use size EU40 as reference.
If the sizes shown on StockX correspond to a UK unit, we will use size UK6 as reference.
If the sizes shown on StockX correspond to US W (woman size), we will use US8.5 W.
If the sizes shown on StockX correspond to EU W (woman size), we will use EU40 W.
(d) The prices shown will correspond to the first day of the competition, 7:00 CET.
(e) Promoter will award the winning sneaker in the size selected by the winner, as long as the value of this size does not exceed the "Market value" stipulated at the start of the competition and up to 15% more than the "Market value" of the sneaker at the start of the competition. If the size of the sneaker that the winner is asking exceeds this amount it would not be granted; instead, any other sneaker available on the website will be offered as an alternative as long as it does not exceed the amount corresponding to the sneaker with which the competition was won.
Market value: $1,500 USD > 15% = $225 USD
Total amount we cover to grant that sneakers: $1,725 USD
(f) If the First Prize Winner would like to take Sneakers, an order will be placed by the Promoter. Please note that if the Winner decides to do this, delivery may take up to 2 months for certain sneakers and sneakers will be ordered in basic specification. The First Prize Winner will not win Dream sneaker Credit on their competition entries.
(g) In the UK the First Prize will be delivered with UK VAT paid. In the EU the First Prize will be delivered with UK VAT paid but any further costs (additional VAT/taxes/import duties/registration costs due in the destination/country of final registration) will be the responsibility of the First Prize Winner. In all other countries the First Prize will be shipped (net of all taxes) to the nearest address and any applicable import duties, registration costs, or any further taxes or duties of any nature due in the destination country will be the responsibility of the First Prize Winner. The Promoter reserves the right not to deliver to certain countries.
(h) All special boxes / packages are excluded while granting the prize (unless specified).
(i) All extra accessories / items / laces are excluded while granting the prize (unless specified).
(j) Dream Sneakers Credit Prizes: Additional Dream Sneaker Competition Prizes will be won in the form of Dream Sneakers Credit, for each ticket that is close to the Judge’s Position (excluding the First Prize Winner). 2nd to 6th closer positions to the Judge’s Position win $50 USD of Dream Sneakers Credit. 7th to 26th closer positions to the Judge’s Position win $10 USD of Dream Sneakers Credit.
9. Refer a Friend
9.1 The Refer a Friend scheme is operated in good faith to reward customers for referring genuine friends and acquaintances as new customers to the Promoter. Abuse of this system will not be tolerated and if the Promoter has reasonable grounds to believe that new users are not genuine individuals it reserves the right at its sole discretion to void any orders and/or Dream Sneakers Credit earned as a result of the scheme, and to disqualify such individual as a Prize Winner.
9.2 Credit earned is subject to the Terms of the Refer a Friend scheme.
10.1 The Promoter can store the chosen prize free of charge for 30 days after notifying the First Prize Winner, at the end of which time the First Prize will be delivered to the Winner.
11. Winners' Personal Data
11.1 Acceptance of the prize by the Winner will mean they are required to have their photo and video taken by the Promoter for promotional purposes (Public Relations and Marketing), both immediately after their win and in the future for use in accordance with rule 6.2, unless prohibited by law.
11.2 By entering a Competition, you agree to the use of your name, address, and/or photograph or other likeness, as well as your appearance at publicity events without any additional compensation (save for reasonable travel expenses) and as required by the Promoter if you are declared a Winner.
12. Electronic Communications
12.1 No responsibility will be accepted for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorised human act, including any errors or mistakes. The Promoter shall use its best endeavours to award the prize for a Competition to the correct Entrant. If due to reasons of hardware, software or other computer related failure, or due to human error the prize is awarded incorrectly, the Promoter reserves the right to reclaim the Competition prize and award it to the correct Entrant, at its sole discretion and without admission of liability.
12.2 The Promoter reserves the right at its sole discretion to extend the closing date of any competition, if for any reason any aspect of the competition is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Competition. The Promoter may in its sole discretion cancel, terminate, modify or suspend a Competition, or invalidate any affected entries. In the event that the Promoter closes a Competition early, the Winner may be selected from all valid and eligible Entries received by the Promoter prior to the date of closure, except that the Promoter reserves the right, at its sole discretion, to close a Competition early without selecting a Winner. In the event that a Competition is closed without selecting a Winner, the Promoter will give all entrants Dream Sneakers Credit to enable them to replay equivalent tickets in a subsequent competition.
12.3 The Promoter shall not be liable for any economic or other consequential loss suffered or sustained to any persons to whom an award has been incorrectly made, and no compensation shall be due. The Promoter shall use its best endeavours to ensure that the software and website(s) used to operate its Competitions perform correctly and accurately across the latest versions of popular internet, tablet and mobile browsers. For the avoidance of doubt, only the ticket coordinates recorded in our systems, howsoever displayed or calculated, shall be entered into the relevant Competition and the Promoter shall not be held liable for any competition entries that occur as a result of malfunctioning software or other event. Competition coordinates may be checked at any time by accessing your account at Damnkicks.com.
13. Data Protection Notice
13.1 Any personal data that you supply to the Promoter or authorise the Promoter to obtain from a third party, for example, a credit card company, will be used by the Promoter to administer the Competition and fulfil prizes where applicable. In order to process, record and use your personal data the Promoter may disclose it to (i) any credit card company whose name you give; (ii) any person to whom the Promoter proposes to transfer any of the Promoter's rights and/or responsibilities under any agreement the Promoter may have with you; (iii) any person to whom the Promoter proposes to transfer its business or any part of it; (iv) comply with any legal or regulatory requirement of the Promoter in any country; and (v) prevent, detect or prosecute fraud and other crime. In order to process, use, record and disclose your personal data the Promoter may need to transfer such information outside the United Kingdom, in which event the Promoter is responsible for ensuring that your personal data continues to be adequately protected during the course of such transfer.
14.1 Damnkicks Ltd., registered in the United Kingdom (company number 12795663, The Enterprise Centre, University Of East Anglia, Norwich, Norfolk, NR4 7TJ). email: [email protected] Web: www.damnkicks.com