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Terms & Conditions
Otrium’s August 2022 designer bags giveaway terms and conditions (EU/UK)
Otrium’s Prize Draw
These terms and conditions (“T&C”) are applicable to Otrium’s designer bags giveaway through a random drawing for a prize as set out herein (the “Prize Draw”), which is a promotional game of chance (sweepstake) that can be entered without consideration as provided by Otrium B.V., a limited liability company, incorporated in accordance with the laws of the Netherlands, having its corporate seat at Amsterdam, the Netherlands, and address at Danzigerkade 16a, 1031AP Amsterdam, the Netherlands, and with Trade Register number 63996901 (“Otrium”), in connection with the promotion of Otrium’s marketplace enabling fashion brands to sell their previous collections and factory outlet items directly to consumers, whereby Otrium offers amongst others online sales.
To the extent there is a conflict between terms and conditions appearing on any other location in respect of this Prize Draw and these T&C, these T&C are the terms and conditions that will prevail.
Conditions for participation
No purchase is necessary to enter or win the Prize Draw and any purchase or payment will not improve your chances of winning.
Any natural person residing in the Netherlands, Germany, France, Belgium or the United Kingdom, who is eighteen (18) years of age or older at the time of entry, is eligible to participate in the Prize Draw and will participate in the Prize Draw if such person enters its email address at the webpage https://landing.otrium.com/comp-2 designated for the Prize Draw in the period from Friday 12 August 2022 15:00 hours CET through Sunday 4 September 2022 23:59 CET, provided that such entry has been made by submitting a valid email address belonging to such person (any such person, a “Contestant”). No entries will be accepted outside the period set out in the previous sentence. For the avoidance of doubt, any entries of an email address by a Contestant in excess of the initial entry shall be excluded from the Prize Draw without notice.
The entry of an email address counts as one (1) entry in the Prize Draw (the “Entry”).
Odds of winning a Prize will depend on the total number of eligible entries received for the Prize Draw.
By participating in the Prize Draw each Contestant agrees to be bound fully and unconditionally by these T&C and any of Otrium’s decisions in relation to the Prize Draw, which are final and binding in all matters related to the Prize Draw. Winning a prize is contingent upon fulfilling all requirements set forth herein.
All entries become the sole property of Otrium and receipt of entries will not be acknowledged. Otrium is not responsible for telecommunications, network, electronic, technical or computer failure or any kind of lost, late, incomplete, mutilated, invalid, unintelligible, misdirected entries, all of which will be disqualified. Only completed entries with valid email addresses, as applicable, are eligible. All ineligible entries will be disqualified in accordance with paragraph 25 of these terms and conditions. Otrium accepts no responsibility for any late or ineligible entries, or any entries not received for whatsoever reason.
Designation of winner
Without prejudice to the conditions for participation, one (1) entry of a Contestant will as part of the Prize Draw be selected from the pool of all eligible entries and designated as winner, it being understood that the Contestant who made such winning entry will be eligible to receive the Prizes (as defined below) (the “Winning Contestant”). The winning entry will be selected by drawing a random number out of all entries through the website https://www.random.org/ that is able to draw a random number out of all entries in a fully impartial manner. The drawing process will also be filmed by an Otrium employee to create full transparency with respect to picking the Winning Contestant’s entry through this tool. A win may be subject to disqualification in accordance with paragraph 25 of these terms and conditions. The draw will take place on Monday 5 September 2022. The Winning Contestant does not need to be present at the draw.
The Prize Draw will have only one winning Contestant (the “Winning Contestant”), with the Winning Contestant being granted a prize in the form of three (3) designer bags:
(i) a pre-loved Louis Vuitton Petite Malle Souple leather crossbody bag;
(ii) a pre-loved Prada leather tote; and
(iii) a pre-loved Dior 30 Montaigne leather handbag,
with the total aggregate value of the bags being EUR 4,500 (four thousand five hundred euro) (the “Prizes”, and each a “Prize”).
If any Prize is unavailable for whatever reason, Otrium reserves the right to substitute the Prize for an alternate prize of equal or greater value, subject to applicable laws.
Tax liability of the Winning Contestant in relation to accepting the Prize
The Winning Contestant should seek independent financial advice prior to acceptance of the Prizes to determine if any tax implications may arise from his, her or their prize winning (including but not limited to customs duties and taxes and income tax).
Any liability, duty and obligation in relation to any Prize, whether present or future, actual or contingent, ascertained, unascertained or disputed, to make or suffer an actual or increased payment of any form of taxation (including penalties relating thereto) to any tax or other authority, is in any event for the account of the Winning Contestant who is designated as winner in accordance with these terms and conditions and who accepted the Prize. For the avoidance of doubt, Otrium shall not be responsible for any liability or tax implications that may arise in connection with the winner accepting any Prize.
Announcement of the winner and acceptance of the Prizes
The Winning Contestant will be announced by Otrium by notifying the Winning Contestant ultimately on Monday 5 September 2022 via the email address used by the Winning Contestant for purposes of participating in the Prize Draw. The Winning Contestant will have been deemed to have been notified on the earlier of when the Winning Contestant actually receives and views the notification from Otrium or twenty-four (24) hours after the notifying message was sent to the Winning Contestant by Otrium. Otrium has no liability for a potential winner’s failure to receive notices due to filters, security settings or provision of incorrect or non-functioning contact details.
The Prizes will be sent to the Winning Contestant’s address after the Winning Contestant notified Otrium of its address details and provided that the Winning Contestant has complied with all other requirements as set out in these T&C. Otrium is not responsible for any lost or stolen prizes and Otrium is not responsible for prizes damaged, delayed or lost in transit.
The Winning Contestant must claim its prize and shttps://www.otrium.co.uk%2C%20https//www.otrium.co.uk%20andign https://www.otrium.co.uk%2C%20https//www.otrium.co.uk%20and%20https://www.otrium.nl/a legal release in a form determined by Otrium in its sole discretion, all within thirty (30) calendar days after the notification was sent by Otrium set out above under paragraph 14. If the Winning Contestants fails to either (i) claim the prize or (ii) sign the legal release, in each case after the period of thirty (30) calendar days set out in the previous sentence, the Winning Contestant is deemed to have waived the right to receive the prize and such right will have lapsed as a result thereof. Otrium reserves the right to offer the unclaimed Prize(s) to another Contestant by having another entry by a Contestant designated as Winning Contestant in accordance with the relevant processes as set out in these T&C. If this occurs, Otrium will contact the unclaimed Prize Draw winner by the same methods set herein for the original Winning Contestant.
Conditions for accepting the Prizes are that the Winning Contestant may be required by Otrium (a) to provide valid photographic ID together with proof of address, (b) to post a photograph of themselves with their Prizes on their public Instagram account or, at Otrium’s sole discretion, other social media account, within seven (7) calendar days of receiving the prize items, tagging @otriumofficial and keeping the post public for at least (7) days after posting, and (c) to provide Otrium with a 10-15 second video of themselves with the Prizes within seven (7) calendar days of receiving the prize items. The Winning Contestant agrees that the photograph as referred to under (b) and the video referred to under (c) of the previous sentence, may be used by Otrium for marketing and promotional purposes on Otrium’s website and social media accounts.
The Winning Contestant’s name, place of residence, Instagram handle and photograph will be published online by Otrium on https://www.otrium.co.uk, https://www.otrium.nl/, https://www.otrium.de, https://www.otrium.be and https://www.otrium.fr
Liability cap and release plus indemnification
The Winning Contestant acknowledges and agrees that except where permitted by law, the total cumulative liability of Otrium in connection with the Prize Draw and the related promotion is limited, in Otrium’s discretion, to either resupplying the Prizes, or paying the cost of resupplying the Prizes. Otrium will have no liability for any indirect loss or damage suffered by any Contestant or any Winning Contestant.
Except where unable to be excluded by law, Contestants and the Winning Contestant release and indemnify Otrium and its affiliates from and against all actions, penalties, liabilities, claims or demands against Otrium or that Otrium may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of a Contestant (i) entering or winning the Prize Draw, (ii) accessing Otrium’s website, (iii) participating in any aspect of the Prize Draw, (iv) the receipt, ownership, possession, use or misuse of any Prize awarded, (v) viruses or any downloading or other problems in connection with the Prize Draw; or (vi) any typographical or other error in these T&C or the announcement of offering of the Prize.
Otrium makes no representations or warranties of any kind concerning the appearance, safety or performance of the Prizes, except for any express manufacturer's warranty as may be included with the Prizes (if any). The Winning Contestant bears all liability and risk of loss or damage to his, her or their respective Prizes after those have been delivered.
Use of personal data
Otrium will use any data submitted by any person in relation to the Prize Draw in accordance with Otrium’s Privacy Statement and for the purposes of the Prize Draw. By participating in the Prize Draw, each Contestant consents to the use of its personal data by Otrium for the purposes of (a) the administration of this Prize Draw, (b) publicly announcing the information listed in paragraph 18 hereof in relation to the Winning Contestant (in Otrium’s sole discretion) and (c) sending such person direct marketing messages on Otrium’s behalf, including, at Otrium’s instruction, by its affiliates, marketing agencies and/or third parties; and (d) any other purposes to which the Contestant has consented when participating in the Prize Draw.
The Winning Contestant’s acceptance of any Prize constitutes permission (except where prohibited) for Otrium to use the Winning Contestant’s name, Instagram handle, photograph, video footage, likeness, statements, biographical information, voice and address (city and country) for any and all public relations, advertising and/or promotional purposes as determined by Otrium, in all forms of media and by all manners (now and hereafter known), in perpetuity, without notice, consent, review or approval or further compensation.
No other sponsors
This Prize Draw is in no way sponsored, endorsed or administered by or associated with (i) Instagram, Messenger, Meta (Facebook), Twitter, TikTok or any other social media platform and (ii) Louis Vuitton, Prada, Dior or any other fashion brand. Each Contestant acknowledges that all information and material that such Contestant submits to enter this Prize Draw is submitted to Otrium and not to (i) Instagram, Messenger, Meta (Facebook), Twitter, TikTok or any other social media platform and (ii) Louis Vuitton, Prada, Dior or any other fashion brand. Each Contestant agrees that (i) Instagram, Messenger, Meta (Facebook), Twitter, TikTok or any other social media platform and (ii) Louis Vuitton, Prada, Dior or any other fashion brand, shall not be liable in any way to such Contestant in respect of the Prize Draw.
Otrium has the right to disqualify each Contestant or winner whose participation in the Prize Draw does not comply or has not complied with these terms and conditions (in Otrium’s sole opinion, such as in the absence of parental consent) or who, in Otrium’s sole determination, has acted in a manner that is fraudulent, dishonest or unjust to other Contestants including, without limitation, tampering with the operation of the prize draw, manipulating the entry process via using multiple or fake accounts, hacking, deceiving, cheating, harassin, threatening other Contestants or a representative of Otrium or any other method that Otrium deems to be unscrupulous.
Suspension or cancellation of the Prize Draw
Subject to the approval of any relevant authorities, where the Prize Draw is incapable of running as planned for any reason, including (but not limited to) early deletion of the campaign post due to any third party software, early or accidental deletion of any campaign posts by any other person, any outage of any social media accounts, war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures which corrupt or affect the administration, security, fairness, integrity or proper conduct of the campaign, any alteration to any social media terms of service, access or permission in such a way that adversely affects the Prize Draw, the Prize Draw may be suspected for the duration of the event and/or Otrium may, in its absolute discretion, cancel or recommence the Prize Draw in its entirety.
There are no communication costs imposed on the Contestants for participating in the Prize Draw.
Further Information and complaints procedure
A copy of these terms and conditions is made available to each Contestant free of charge upon request and any other information in relation to the Prize Draw can be obtained by sending an email to [email protected] Any complaints about the Prize Draw can be submitted to [email protected] and Otrium aims to respond to, and to the extent possible resolve, any reasonable complaints as soon as reasonably practicable.
Void where prohibited
This Prize Draw (including the promotion in relation thereto) is void where prohibited by law.
The Prize Draw and these terms and conditions, and any contractual or non-contractual obligations arising out of or in connection with the Prize Draw and these terms and conditions, are governed and construed by the laws of the Netherlands.
Otrium is acting in accordance with the Code of Conduct for Promotional Games of Chance 2014 as published by the Netherlands Gambling Authority (Kansspelautoriteit).
Jurisdiction and forum
All disputes arising out of or in connection with the Prize Draw and these terms and conditions shall be resolved finally and exclusively by the competent court in Amsterdam, the Netherlands.
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