TERMS
These Terms (these “Terms”) govern the relationship between you, the entrant (“you”, “your(s)”, "Entrant(s)") and Whatnot Europe Limited, First Floor, Penrose 2, Penrose Dock, Cork, T23 YY09, Ireland, Company No. 723475 (“Promoter”, “we”, “our”, “us”) in relation to this Prize Draw.
This Prize Draw is being hosted on the Whatnot platform located at https://www.whatnot.com/ ("Whatnot Platform").
ELIGIBILITY
1. This Prize Draw is only open to individuals who are resident in Germany aged eighteen (18) years old or over, who have: (a) internet access; (b) a valid and active account on the Whatnot Platform; and (c) a valid and active email address.
2. The following are not eligible to enter this Prize Draw: (a) employees of the Promoter, its parents, affiliates, direct and indirect subsidiaries, its prize suppliers, travel companies, agents, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, web site providers, web masters and the Administrator (collectively, the “Promotion Entities”); (b) individuals who are sellers of electronics on the Whatnot Platform during the Entry Period ; and (c) immediate family members of such employees or sellers or of anyone with whom such employees or sellers are domiciled. In these Terms, “immediate family” includes mother, father, brothers, sisters, sons, daughters, partner or spouse.
3. By entering this Prize Draw, you confirm that you have legal capacity to enter this Prize Draw and you agree to be bound by these Terms (i.e. that you are of sufficient age and mental capacity and are entitled to be legally bound in contract) and by our decisions, which are final in all matters relating to these Terms, this Prize Draw and the winners' selection.
ENTRY PERIOD
4. This Prize Draw starts at 00:000 Central European Time ("CET") on Friday, October 4, 2024 and closes at 23:59 CET on Sunday, October 6, 2024 ("Entry Period").
HOW TO ENTER
5. To enter this Prize Draw, individuals meeting the eligibility requirements set forth in these Terms can enter in one of the following two entry methods during the Entry Period:
(a) ENTRY METHOD 1: During the Entry Period, you may visit the Whatnot Platform, watch a live show in the fashion category with the show-tag “Fashion Goes Live!” and make a purchase in any format during the Entry Period to automatically receive an entry to this Prize Draw; or
(b) ENTRY METHOD 2: If you do not wish to make a purchase, you can use the alternative method of entry (AMOE) by sending your full name, date of birth, shipping address and email address to whatnot_de@whatnot.com to enter this Prize Draw,
(each an "Entr(y)(ies)").
6. Any Entries which do not meet these Terms will not be valid and will be automatically disqualified.
7. All Entries (excluding personal information) are deemed to be non-confidential, become our property and will not be returned.
8. Entries received outside the Entry Period will be ineligible for entry.
9. Illegible, incorrect and/or incomplete Entries will be void and will not be accepted or eligible to win the prize.
10. Any use by Entrants of identities other than their own and any attempt by an Entrant to obtain more than one (1) Entry by using multiple/different email addresses, and/or any other methods, will void all of that Entrant’s Entries and that Entrant may be disqualified from this Prize Draw. If there is a dispute regarding the identity of an Entrant, the Entry will be assigned to the authorized account holder of the e-mail submitted on the Entry. The “authorized account holder” will be the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organisation (i.e. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. The winner may be required to show proof of being the authorised account holder. Bulk Entries made from trade, consumer groups or third parties will not be accepted. Entries by or via syndicates and Entries which do not satisfy the requirements of these Terms in full will be disqualified. Any prizes awarded to void and/or disqualified Entries will be void. We also reserve the right in our sole and reasonable discretion to disqualify any Entrant who: (a) we have reason to believe has breached any of these Terms; and/or (b) corrupts or affects the administration, security, fairness, integrity or proper conduct of this Prize Draw; and/or (c) engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of this Prize Draw. Our legal rights to recover damages or other compensation from such an offender are reserved.
11. Standard rates and charges of your internet or mobile service provider will apply.
PRIZE
12. There are a total of five (5) prizes comprising of:
5 x Apple AirPods Max
13. A prize may only be redeemed by the winner. The winner may be required to present personal identification documents to prove their identity and will be responsible for paying any taxes in connection with the prize.
14. All prizes are subject to the terms and conditions of the manufacturer or supplier.
15. All other expenses not expressly specified herein are the sole responsibility of the winner.
16. If due to circumstances beyond our control we are unable to provide the stated prize(s), we reserve the right to award a substitute prize(s) of equal or greater value.
17. We accept no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by the winner due to entering the draw or accepting the prize.
18. The prize must be accepted as awarded and is strictly non-transferable and non-refundable, and no cash alternative, exchanges or other substitute will be given. The prize cannot be combined with any other offer, promotion or discount.
WINNER'S SELECTION
19. The winners' selection will take place at the Promoter's offices within five (5) days of the end of the Entry Period. There will be a total of five (5) winners which will be randomly selected using electronic software from all valid and eligible Entries received during the corresponding Entry Period.
20. Winners will be notified via the supplied email address within five (5) days of the winner's selection ("Notification"). Each winner must confirm their acceptance of the prize by responding to the Notification by return email by no later than 3 business days after receipt of this email.
21. In the event that:
(a) the winner cannot be contacted after two (2) attempts within three (3) business days of the winner's selection; and/or
(b) the winner does not respond by confirming its acceptance of the prize in accordance with rule 22;
(c) we have reasonable grounds for believing that a winner has contravened any of these Terms; and/or
(d) a winner is unable to accept the prize,
the winner forfeits the prize and we reserve the right to choose and a further draw(s) will be conducted to select an alternative winner.
22. Prizes will be awarded for this Prize Draw only on verification by us that the winner has complied with these Terms. Subject to satisfactory verification, prizes will be sent out to winners within fourteen (14) days of the end of the Entry Period.
PRIVACY NOTICE
23. The Promoter will use the personal data that it collects in connection with this Prize Draw as set out in its privacy notice https://www.whatnot.com/privacy. We will use your personal information for the purposes of your entry into this Prize Draw, in order to conduct and administer this Prize Draw and to inform Entrants, upon request, of the winners' details (in accordance with rule 27) and fulfilling prizes.
24. If we do not collect your personal information, you will not be able to submit a valid Entry into this Prize Draw or claim your prize. We may disclose this personal information to third parties for the sole purpose of processing and conducting this Prize Draw.
OTHER IMPORTANT TERMS
25. The name of the winners and their home city will be available for thirty (30) days after the end of the Entry Period by sending an email to whatnot_de@whatnot.com.
26. We accept no responsibility for any illegible or incomplete Entries, or any incorrect or inaccurate information or lost, delayed or late Entries and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, line failure, theft or destruction or unauthorised access to Entries, and/or to the Whatnot Platform whether or not arising during operation or transmission as a result of server functions, or for technical, network, telephone equipment, electronic, computer hardware or software malfunctions, virus, bugs or other causes outside our control or failure to receive Entry information by us on account of technical problems or traffic congestion affecting the entry collection process (to the fullest extent permitted by law). Nothing herein limits our liability for death or personal injury caused by our negligence. If for any reason this Prize Draw is not capable of running as planned because of infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or any other causes beyond our reasonable control, which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Prize Draw, we reserve the right in our sole discretion to modify or suspend or terminate this Prize Draw subject to any written directions under applicable legislation. In the event that this Prize Draw is terminated early, we will select the winners from all valid and eligible Entries received prior to the date of termination.
27. By participating in this Prize Draw, you agree to be bound by these Terms (which may be amended or varied at any time by us and all such changes will be posted in revised Terms on the Whatnot Platform) and by our decisions, which are final in all matters relating to these Terms, this Prize Draw and/or the results and no correspondence or discussion shall be entered into.
28. These Terms shall be governed by and construed in accordance with English law and any dispute arising out of or in connection with this Agreement shall be subject to the jurisdiction of the English Courts.
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