Cummins Europe Instagram Contest Terms & Conditions
“WIN A CUMMINS MERCHANDISE ‘GOODIE BAG’ WITH CUMMINS LTD.”
COMPETITION TERMS AND CONDITIONS, AND DATA PROTECTION NOTICE
1. THE PROMOTER
1.1. The Promoter is Cummins Ltd., a company registered in England (company number 00573951) with its registered office at 3rd Floor, 10 Eastbourne Terrace, London, W2 6LG.
2. THE COMPETITION
2.1. The title of the competition is “Win a Cummins’ merchandise ‘goodie bag’ with Cummins Ltd.”.
2.2. Participants have the chance to win a Cummins’ goodie bag by:
a) Taking a photo of the entrant with their Cummins-powered equipment. The equipment should be displayed in the background of the photo;
b) Posting the photo on the entrant’s Instagram account using the hashtag ‘#CumminsPower’; and
c) Tagging @CumminsEurope in the post.
3. HOW TO ENTER
3.1. The competition will run from 09:00 on Monday 11th January 2021 (the “Opening Date”) to 17:00 on Thursday 11th February 2021 (the “Closing Date”) inclusive.
3.2. All competition entries must be received by the Promoter by tagging @CumminsEurope in the applicable social media post no later than 17:00 on the Closing Date. All competition entries received after the Closing Date are automatically disqualified.
3.3. To enter the competition:
a) Take a photo of the entrant with their Cummins-powered equipment. The equipment must be displayed in the background of the photo;
b) Post the photo on the entrant’s Instagram account using the hashtag ‘#CumminsPower’; and
c) Tag @CumminsEurope in the post.
3.4. No purchase is necessary to enter this competition.
3.5. The Promoter will not accept:
3.5.1. responsibility for competition entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or
3.5.2. proof of posting or transmission as proof of receipt of entry to the competition.
3.6. By submitting a competition entry, the entrant agrees to be bound by these terms and conditions.
3.7. For help with entries, please contact [email protected].
3.8. A copy of these terms and conditions can be found at https://www.cummins.com/events/cumminseurope/instagram-contest-terms-conditions-january-2021.
4. WINNER SELECTION
4.1. An electronic random lottery selector (the “Selector”) will be used to select a single entry as a winner from the group of collated posts on Wednesday 17th February 2021 .
4.2. The Selector will be used by a member of Cummins marketing communications team to choose a winner.
4.3. The randomly selected winner will receive a Cummins ‘goodie bag’, which includes a range of Cummins branded merchandise worth up to £50 recommended retail pricing.
4.4. The winner will thereafter receive a private notification via Instagram direct messaging no later than Monday 22nd February 2021 .
4.5. In order to receive the prize, the winner must provide his/her complete first and last name, mailing address, and date of birth.
4.6. The prize will be mailed to the mailing address provided. Please allow up to 4 weeks to receive the prize.
5. ELIGIBILITY
5.1. The competition is open to individuals globally (aged 18 years or over), except:
a) employees of the Promoter or its holding or subsidiary companies;
b) employees of agents or suppliers of the Promoter or its holding or subsidiary companies, who are professionally connected with the competition or its administration; or
c) members of the immediate families or households of (a) and (b) above.
5.2. In entering this competition the entrant confirms that they are eligible to do so and are eligible to claim prize they may win. The Promoter may require the entrant to provide proof that they are eligible to enter the competition.
5.3. The Promoter will not accept competition entries that are:
a) automatically generated by computer;
b) completed by third parties or in bulk;
c) submitted by participants using multiple Instagram accounts or using duplicate, or near duplicate content;
d) illegible, have been altered, reconstructed, forged or tampered with;
e) photocopies and not originals; or
f) incomplete.
5.4. The competition entry must only depict the image of the entrant. Any other identifiable individual should not appear in the image.
5.5. The entrant relinquishes all ownership and copyright rights in relation to the submitted photograph.
5.6. There is a limit of one entry per person. Entries on behalf of another person will not be accepted and joint submissions are not allowed.
5.7. The Promoter reserves all rights to disqualify the entrant if their conduct is contrary to the spirit or intention of the prize competition.
5.8. Competition entries cannot be returned.
5.9. Participants must carefully read and follow Instagram’s guidelines for promotions, set forth under the following link: https://help.instagram.com/179379842258600 to be eligible to enter the competition.
6. THE PRIZE
6.1. The prize to be won consists of a ‘goodie bag’ containing a selection of Cummins’ merchandise worth approximately £50.00 GBP.
6.2. Prizes are subject to availability. There is no cash alternative for the prize.
6.3. The Promoter reserves the right to replace the prize with an alternative prize of equal or higher value if circumstances beyond the Promoter's control makes it necessary to do so.
6.4. One prize will be awarded. The prize is neither negotiable nor transferable.
7. WINNER
7.1. The decision of the Promoter is final and no correspondence or discussion will be entered into.
7.2. The Promoter will contact the winner personally as soon as practicable after the Announcement Date, using the social media account details supplied with the competition entry.
7.3. The Promoter may also publish and share other entries on its website and/or social media platforms in accordance with the terms and conditions herein.
7.4. The Promoter must either publish or make available information that indicates that a valid award took place. To comply with this obligation the Promoter will publish the winner’s name, country, and their winning social media photograph post on the Promoter’s social media accounts, including the @CumminsEurope Instagram account, on Monday 22nd February 2021 (Announcement Date).
7.5. If the entrant objects to any or all of their surname, county and winning entry being published or made available, please contact the Promoter using [email protected]. In such circumstances, the Promoter must still provide the information and winning entry to the Advertising Standards Authority on request.
8. CLAIMING THE PRIZE
8.1. Please allow four (4) weeks for delivery of the prize.
8.2. The prize may not be claimed by a third party on the wining entrant’s behalf.
8.3. The Promoter will make all reasonable efforts to contact the winner. If the winner cannot be contacted or is not available, or has not claimed their prize within 14 days of the Announcement Date, the Promoter reserves the right to use the Selector to select another winner from the correct entries that were received before the Closing Date.
8.4. The Promoter will not accept any responsibility if the entrant is not able to take up the prize.
9. LIMITATION OF LIABILITY
9.1. Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. The entrant’s statutory rights are not affected.
10. OWNERSHIP OF COMPETITION ENTRIES AND INTELLECTUAL PROPERTY RIGHTS
10.1. All competition entries and any accompanying material submitted to the Promoter will become the property of the Promoter on receipt and will not be returned.
10.2. The entrant agrees that by submitting their competition entry and any accompanying material, they agree to:
a) assign to the Promoter all intellectual property rights with full title guarantee; and
b) waive all moral rights
in and to the entrant’s competition entry and otherwise arising in connection with the entry to which the entrant may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.
10.3. The entrant agrees that the Promoter may, but is not required to, make the entrant’s entry available on its websites www.cummins.com and www.cumminseurope.com, Instagram account @CumminsEurope, and any other media, whether now known or invented in the future, and in connection with any publicity of the competition. The entrant agrees to grant the Promoter a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in the competition entry, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the competition entry for such purposes.
11. DATA PROTECTION AND PUBLICITY
11.1. By entering this competition, the entrant hereby grants to the Promoter the right and permission to publish photos depicting the entrant as a participant of the prize competition, the right to use the entrant’s name and likeness for public relations, illustration, advertising, business development and internal administration purposes in order to represent the Promoter on the internet, including social media services, such as Twitter, Facebook, Instagram etc., as well as videos, publications, and news releases. The entrant agrees that the Promoter has the right to publish their portrait or photos depicting the entrant as described above, and the entrant grants Cummins any copyrights, image rights, rights of use that the entrant may possess in such materials.
11.2. The entrant acknowledges that they will not receive any compensation for the use of such name, likeness, image, voice, video, statements and/or appearance, etc.
11.3. The entrant accepts that they are further aware that the information on the internet is available worldwide, can be found using search engines, and may be linked to other information as well as copied and archived by third parties.
11.4. The entrant confirms that this consent is voluntary. The entrant may refuse to grant such consent without giving any reasons and without suffering any disadvantages in this regard by choosing not to enter this competition. The entrant is entitled to revoke my consent at any time by emailing the Marketing Department at [email protected], or by posting a revocation of consent to the Marketing Department at:
Instagram Competition Opt-Out - Agriculture
3rd Floor,
10 Eastbourne Terrace,
London,
W2 6LG.
If consent is revoked prior to the drawing, the entrant will not be permitted to participate. If consent is revoked after the drawing, Cummins will not use the entrant’s photo or information for any new purposes, but is not required to destroy or otherwise remove information pertaining to the entrant that may already have been included in materials as described in the program materials.
11.5. Entrant’s personal data will be processed by the Promoter for the purposes described above. It will be accessible to Cummins employees who within their job description are responsible for the creation and design of material which is used for public relations, illustration, advertising, business development or internal administration. Cummins may retain third-party service providers, such as IT maintenance companies, to assist in providing IT services. To the extent that these third-party service providers may have access to personal data, they will be obliged to maintain confidentiality and ensure applicable data privacy restrictions are followed.
11.6. Entrant’s personal data is processed in the United Kingdom and United States of America, in a manner consistent with the applicable data protection requirements, including those that apply to U.K. cross-border transfers of personal information. The Promoter has implemented technical and organizational security measures that are designed to protect the personal data against loss, misuse, alteration, destruction or unauthorized access, in a manner commensurate with relevant laws. As part of those measures, the Promoter has taken steps to ensure that only relevant individuals will have access to personal data.
11.7. The Promoter will adhere to applicable data privacy laws. The Promoter will:
a) handle personal data in accordance with the aforementioned rules and regulations, as well as any contractual obligations and applicable local laws;
b) use personal data only for legitimate business purposes;
c) be transparent about the purposes for which personal data is used; and
d) limit disclosure of personal data to those who are under professional or contractual obligations of confidentiality.
11.8. Since some of the Promoter’s affiliates are not located within the European Union (“EU”), Cummins has appointed Cummins Ltd., 3rd Floor, 10 Eastbourne Terrace, London W2 6LG, as the data protection representative for this program in the EU.
11.9. Entrant’s may contact the Promoter either in writing or by email in order to exercise his/her rights, to a complaint, or to ask questions. While certain exceptions apply (as further described in the applicable data protection laws), those rights include:
a) Accessing personal data
b) Right to request a copy of the relevant personal data;
c) The right to request that the promoter supplement, correct or delete personal data; or cease or restrict the collection, processing, use or disclosure of the entrant’s relevant personal data; the right of rectification also comprises the right to have incomplete personal data completed, including by means of providing a supplementary statement; and,
d) The right to object to the processing of personal data.
12. GENERAL
12.1. If there is any reason to believe that there has been a breach of these terms and conditions, the Promoter may, at its sole discretion, reserve the right to exclude the entrant from participating in the competition.
12.2. The Promoter reserves the right to hold void, suspend, cancel or amend the prize competition where it becomes necessary to do so.
12.3. These terms and conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.