Popup Party Terms and Conditions

KATE SPADE POP UP PARTY AT REGENT STREET – KATE SPADE SOCIAL MEDIA CONTEST

1. INTRODUCTION

1.1 By entering this promotion, all participants will be deemed to have accepted these terms and conditions in full.
1.2 The promotion is open to residents of the UK aged 18 or over at the date on which they enter the promotion, excluding employees of the promoter, its group companies, its agents or anyone professionally connected with this promotion and any member of their respective immediate families.
1.3 Entry opens at 00:01am on 27 April, 2018 and closes at 11.59pm on 30 June, 2018 (according to the promoter’s clock). Entries received or posted after this time and date will not be eligible to win a prize.
1.4 No purchase is necessary at the time of entering the promotion. In order to enter the promotion you must have visited the “pop-up party” room at the Kate Spade Flagship store in London, have an Internet connection, an email account and a public Facebook and Instagram account.

2. ENTRY TO THE PROMOTION

2.1 To enter the promotion:
i. If you are currently a member of Instagram or Facebook, please proceed to step iii;
ii. To become an Instagram or Facebook member, download the app onto your mobile device
iii. Follow Kate Spade https://www.instagram.com/katespadeny/ or https://www.facebook.com/katespadenewyork.uk/
iv. Visit the Kate Spade store at 182 Regent St, Soho, London W1B 5TH. Enter the “pop-up party” room and take a photo in your most creative way
v. In order to be eligible to win Prize 3 trip to New York you must upload three photos in all three of the “pop-up party” rooms over the competition period
vi. Upload your photo(s) on Instagram or Facebook using the hashtag #katespadenyparty in your photo caption

3. Your photo and your post must comply with the following requirements:

y3.1 The Photo may feature only yourself and no other person, unless you have obtained the other person's express consent and you provide the promoter with proof of such person's consent upon request;
3.2 Other than the promoter, its brands and/or logos, the photo and the post may not show, contain, mention, depict, refer or otherwise allude to the name or logo of any retailer, manufacturer, brand, product, store, place of business, person, company or character in such a way or manner as to imply an affiliation with, or endorsement of, the promoter, its brands and/or this contest;
3.3 The photo and the Post must be entrant's own original work or entrant must have obtained the necessary permissions to submit the Photo and the Post, and to grant the promoter the rights set forth in these terms and conditions; the Photo and the Post must not have been created professionally; must not have been previously published, released or distributed in any form; must not have won any award; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity;
3.4 The photo and the Post must not:
i. contain, mention, refer or otherwise allude to any material that is violent, obscene, sexually explicit, pornographic, disparaging, defamatory, libellous, racially or morally offensive- or otherwise contain inappropriate content or objectionable material; ii. promote alcohol, illegal drugs or tobacco, fire-arms/weapons (or the use of any of the foregoing) any activities that may appear unsafe or dangerous, or any political agenda or message;
iii. in any manner defame, misrepresent, contain disparaging remarks or reflect negatively about the promoter, its products, or other people, products or companies, or in any way reflect negatively upon such parties or explicitly or implicitly communicate messages or images inconsistent with the positive images and /or good with which the promoter wishes to be associated, as defined by the promoter in its sole discretion;
iv. contain any personal identification, such as personal names, email addresses or street addresses without express permission;
v. be in violation of any law;
3.5 The Photo and the Post must otherwise be in compliance with these terms and conditions. Kate Spade reserves the right, in its sole-discretion, to disqualify any Photo and Post that it believes, in its sole discretion, does not comply with or is in violation of these terms and conditions or that otherwise contains prohibited or inappropriate content.
3.6 Participants shall be responsible for the incidental costs of airtime and telephone time incurred when logging onto the web site or app to register and browse as charged by their mobile and/or internet providers.
3.7 Multiple entries permitted. Multiple entrants may not share the same Instagram account or email address.

4. WINNER

4.1 One (1) winner for each competition (a total of three (3) winners over the competition period) will be selected by Kate Spade marketing team or its designee based on their opinion that represents #katespadenyparty in the most creative manner. The promoter in its sole and absolute discretion shall select the potential winners from all eligible entries. Each winner will be selected on or shortly after the following dates: Prize 1: 21 May 2018, Prize 2: 11 June 2018, Prize 3: 2 July 2018.
4.2 Each winner will be notified by the Kate Spade Instagram account on no later than five (5) business days after the draw date. The winner will be asked to confirm within five (5) business days his/her first name and last name, preferred email address and street address. Email and street address must be valid and winner must be available at the said address to take delivery of his/her prize within the time frame specified.
4.3 All decisions of the promoter on all matters relating to this competition, including, without limitation, related its selection and determination of winners of this competition shall be final and binding.

5. THE PRIZES

5.1 Prize 1: The winner and 10 friends to have a private party in the Kate Spade Regent St store including sips, snacks and entertainment
5.2 Prize 2: In-store shopping experience at the Kate Spade Regent St store with £1,000 Kate Spade voucher to spend.
5.3 Prize 3: A trip for two to New York with Flights and accommodation for 5 nights plus a Kate Spade gift card

6. CONDITIONS

6.1 In the event that the promoter is unable to contact a winner and receive confirmation of his/her details within five (5) business days as per Section 4.2, the promoter reserves the right to award the prize to an alternative winner selected selected by Kate Spade marketing team or its designee based on their opinion represents #katespadenyparty in the most creative manner.
6.2 By providing his/her details pursuant to Section 4.2, each winner accepts his/her prize.
6.3 The prizes will be delivered via courier at the promoter’s costs at the address provided pursuant to Section 4.2 within thirty (30) working days from a valid
acceptance of the prize by the winner. The promoter is not responsible if a winner fails to take delivery of his/her prize.
6.4 No cash alternative. The prizes are non-transferable and cannot be resold. The promoter reserves the right to substitute alternative prizes of equal or greater value. Unless otherwise agreed in writing by the promoter, the prizes will only be awarded to the winners.
6.5 The winners agree to take part in reasonable publicity as may be required by the promoter in respect of the promotion. The promoter reserves the right to re-gram the participants’ post and/or publish the winners' name, photograph and country on its website, Facebook page, Twitter account, Instagram account and other social media or to publicise the prize-giving presentation within a year of the closing date. No compensation shall be due to the participants or winners for this use.
6.6 The winners’ name is available on request by emailing the promoter before July 31st 2018 at the following address: marketing@katespade.com
6.7 Odds of winning the prize depend on the number of eligible entries received during the contest period.
6.8 No entries from agents, third parties, syndicated entries or those made using methods such as a computer macro, script or the use of automated devices are permitted and no bulk entries.
6.9 All costs and expenses not included within the prize are the responsibility of the winner.
6.10 The promoter reserves the right at any time, in its absolute discretion, to:
i. verify the eligibility of any entrant (including their age and place of residence);
ii. disqualify any entrant found to be abusing or tampering with the operation of the promotion or entering using fraudulent means, or who the promoter believes to have acted in breach of these terms and conditions;
iii. disqualify entrants who do not give correct contact details or those who make an entry on someone else's behalf.
iv. Disqualify and report entrants who posted illegal or inappropriate content. Promoter may also remove the publication or tags from the post.

7. LIABILITY

7.1 The promotion is not in any way sponsored, endorsed or administered by, or associated with Instagram or any other partner of the promoter. Entrants acknowledge that the social media platform and partners shall not have any liability to them in connection with the promotion.
7.2 To the fullest extent permitted by law, the promoter excludes liability for any losses, damages or claims incurred by any person in connection with the promotion or receipt or use or misuse of any prize.
7.3 Except as otherwise required by applicable law, the promoter accepts no responsibility or liability for any entry or claim which for technical or other reasons is unsuccessful, incomplete, lost, late, damaged, corrupted or misdirected.
7.4 By accepting the prize, the winner agrees to release and hold harmless the promoter and its subsidiaries, affiliates, parent companies and each such companies’ officers, directors and employees from and against any claim or cause of action, including, but not limited to, damage to or loss of property, arising out of participation in the contest, receipt or use or misuse of the prize. This release does not apply to claims for personal injury or death caused by the negligence of the promoter.
7.5 All information entered becomes the property of Kate Spade and will not be acknowledged or returned. By entering, you agree that entry information may be shared with Kate Spade’s website, social channels and others to the extent required for prize fulfillment purposes. Please follow etiquette and forward the Contest information only to people you know. Promotor may engage other third party application providers and vendors to administer certain aspects of the Contest, including, without limitation, the online collection of entry information.

8. PROMOTER’S RIGHTS AND OBLIGATIONS

8.1 Any decision of the promoter in respect of the promotion is final. No correspondence will be entered into.
8.2 The promoter reserves the right to extend, withdraw, alter or suspend the promotion or these terms and conditions at any time if circumstances beyond its control make this unavoidable.
8.3 All personal data communicated to the promoter in connection with the promotion will be processed by the promoter for the purposes of administering and managing the promotion, supplying the prize and organizing the event (where applicable), verifying the eligibility of each participant, as well as for the purpose of sending the participants information on Kate Spade collections launches, new arrivals and exclusive invitations. The promoter will not use any personal data for any other purposes without the consent of the relevant participant.
8.4 By participating in the promotion, each entrant consents to the use of their personal data in accordance with these terms and conditions. In particular, each entrant agrees that their personal information may be processed by Tapestry Inc., 10 Hudson Yards, New York, New York 10001 U.S.A. and Kate Spade UK Limited, 182 Regent Street, London, W1B5TH, United Kingdom and their subsidiary companies (“Kate Spade”) acting as data controllers. Kate Spade will collect and use each entrant’s personal data for marketing purposes and may transfer this data outside of the EU to jurisdictions with differing standards of protection of personal information. By submitting personal information to enter this promotion, each entrant is expressly consenting to receiving marketing correspondence from Kate Spade.
8.5 Entrants may access, update, correct, or suppress their personal data, or object to receiving further marketing communications from Kate Spade by sending, at any time, a request in writing to Kate Spade Consumer Services, Kate Spade New York, Moon Street, Bristol, BS2 8QY, UK or sending an e-mail to customer_care@katespade.eu] 8.6 Any images are an illustrative example and do not show the exact prize.
8.7 This promotion and these terms and conditions, and any dispute or claim arising out of or in connection with them, shall be governed by and construed in accordance with English law. Each participant irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this promotion or these terms and conditions.
8.8 The promoter is Kate Spade UK Limited, 182 Regent Street, London, W1B5TH, United Kingdom.