Contents
THESE TERMS AND CONDITIONS
These terms and conditions (Competition Terms) are the overarching general terms and conditions that apply to the Nimsdai Store Photo Comp – 1st Birthday promoted by NIMSDAI APPAREL LTD (Nimsdai Store, we, us or ourselves)
The Competition Terms apply alongside any specific competition rules set out in the Nimsdai Store Photo Comp – 1st Birthday promotional materials (Promotion Rules). The Competition Terms and Promotion Rules should be read carefully together.
In the event of a conflict between the Competition Terms and Promotion Rules, the Promotion Rules will have priority.
COMPETITION PROMOTER
The promoter of a competition is the person who is legally responsible for operating it. Unless any Competition Terms tell you otherwise, the promoter of the Nimsdai Store Photo Comp – 1st Birthday will be Nimsdai Store.
NIMSDAI APPAREL LTD is a company registered in England and Wales with company number 14776799 and with its registered office at 21 Church Road Parkstone, Poole, Dorset, England, BH14 8UF. You can write to us at this address if you have any concern in relation to the Nimsdai Store Photo Comp – 1st Birthday, setting out clearly your issue.
ELIGIBILITY RULES
The Nimsdai Store Photo Comp – 1st Birthday is open to any person aged 18 or over at the date of their entry.
Entrants may not enter or participate as part of a syndicate or on behalf of any other person, syndicate, group, society, or company Entrants may not enter the Nimsdai Store Photo Comp – 1st Birthday using automated entry software or any other mechanical or electronic means that permits any person to enter the Nimsdai Store Photo Comp – 1st Birthday repeatedly.
Employees, Trustees (and their immediate family and household members) of Nimsdai Store, or any company involved in the Nimsdai Store Photo Comp – 1st Birthday, or any such company's subsidiary or associated companies agents or members of their families or households, or any advertising agency connected with the Nimsdai Store Photo Comp – 1st Birthday may not enter the Competition.
To enter, participants must: Wear or showcase an item from the Nimsdai Store. Tag @NimsdaiStore in their Instagram story. Ensure their account is public so their entry can be seen. Multiple entries are allowed, but each participant can only win once.
PRIZE
The Nimsdai Store Photo Comp – 1st Birthday prize-winner (Competition Winner) will win the prize set out in Schedule 1.
We reserve in all cases the right to replace any part of or the entire stated prize with a prize or any part of the prize that we consider to be of broadly equivalent value. We offer no cash alternative, and the Competition Winner must accept the prize and any parts of it in the form offered.
The Competition Winner will be notified in writing (including by email) that they have won the prize within 28 days of the closing date of the Nimsdai Store Photo Comp – 1st Birthday
We reserve the right to request proof of the Competition Winner’s identity in the form of a passport or driver's licence and proof of address in the form of a utility bill. In the event that the Competition Winner cannot provide us with proof of identity reasonably acceptable to us, we may withdraw the prize and select another prize-winner.
SELECTION OF WINNERS
Three winners will be selected by the Nimsdai Store team based on creativity, originality, and alignment with the Nimsdai brand and adventure spirit.
UNCLAIMED PRIZE
The prize must be claimed within 21 days of our notification of winning unless otherwise stated. We reserve the right to award an unclaimed prize after this period to an alternative prize-winner or not to award a prize at all and we shall have no liability in respect of the entry initially selected.
PUBLICITY AND PERSONAL INFORMATION
The personal information supplied by all entrants when entering the Nimsdai Store Photo Comp – 1st Birthday or otherwise requested by us, will be used by us in accordance with our privacy policy which can be found at https://nimsdaistore.com/pages/privacy-policy, or as modified for the Nimsdai Store Photo Comp – 1st Birthday. You should always read the privacy policy as your entry in the Nimsdai Store Photo Comp – 1st Birthday is an agreement to be bound by the privacy policy. All entrants may have their details removed from our database by contacting us. If details are removed prior to the Nimsdai Store Photo Comp – 1st Birthday concluding and/or award of the prize, entrants will forfeit their right to claim the prize.
It is a condition of your entry to the Nimsdai Store Photo Comp – 1st Birthday that we have the right to publicise to the public the names and countries of entrants to the Nimsdai Store Photo Comp – 1st Birthday and otherwise to process your personal information for the running of the Nimsdai Store Photo Comp – 1st Birthday and matters incidental to the Competition.
Entrants also acknowledge that publicity materials featuring them may be provided to our third party prize providers for the purposes of promoting their association with the Nimsdai Store Photo Comp – 1st Birthday and awarding the relevant parts making up the prize.
No fees shall be payable to any entrant in relation to their entry to the Nimsdai Store Photo Comp – 1st Birthday or any publicity relating to the Nimsdai Store Photo Comp – 1st Birthday
By entering the Nimsdai Store Photo Comp – 1st Birthday entrants warrant and undertake that the information submitted is true, accurate and complete.
COPYRIGHT
By entering the Nimsdai Store Photo Comp – 1st Birthday all entrants:
assign to us all rights (including present and future copyright) in their entry and their publicity materials in all media (including, without limitation, the internet) and whether in existence now or created in the future; agree not to assert any moral rights in respect of their entry and the publicity materials (wherever and whenever such rights are recognised) against Nimsdai Store, its assigns, licensees and successors in title; undertake to us that their entry is not in breach of any third party intellectual property rights and will not contain anything, which is defamatory, indecent, harassing or threatening and that they will indemnify us for any loss, damage or liability arising should this turn out not to be true; and confirm they have the right, power and authority to grant the rights set out above and they have obtained all consents and permissions necessary to grant us the same.
For the avoidance of doubt, all rights in the name and title of the Nimsdai Store Photo Comp – 1st Birthday and the format rights for the Nimsdai Store Photo Comp – 1st Birthday are our sole property and we may exploit the same our absolute discretion.
The prize and all parts making up the prize are subject to availability, non-transferable and non-exchangeable. No cash will be awarded in lieu of that prize or part of it.
Any tax payable as a result of the prize being awarded or received will be the responsibility of the Competition Winner. The Competition Winner should seek independent financial advice prior to accepting the prize if this is a concern.
We make no representation or warranty in relation to the prize provided and to the fullest extent permitted by law we shall have no liability to you in relation to the prize, its fitness for purpose, merchantability or otherwise. We reserve the right to disqualify entrants from entering the Nimsdai Store Photo Comp – 1st Birthday or the Competition Winner from receiving the prize where any such person engages in unsafe, illegal, unsociable or inappropriate behaviour.
TERMINATION OF COMPETITION
We may vary the terms of, or terminate, the Nimsdai Store Photo Comp – 1st Birthday at any time at our absolute discretion without liability to any contestant or other person. We will not award the prize if the Nimsdai Store Photo Comp – 1st Birthday is terminated.
DECISIONS FINAL
All our decisions relating to the Nimsdai Store Photo Comp – 1st Birthday and/or redemption of the prize are final. No discussions or correspondence with entrants or any other person will be entered into.Tiebreakers, disputes, conflicts, questions or concerns will be managed by us and, if required by law, by an independent adjudicator.
LIABILITY
Except as specifically set out herein and to the maximum extent permitted by law, all conditions, warranties and representations expressed or implied by law are hereby excluded.
To the fullest extent permitted by law, we hereby exclude and shall not have any liability to any entrant or the Competition Winner in connection with or arising out of the Nimsdai Store Photo Comp – 1st Birthday howsoever caused, including for any costs, expenses, forfeited prizes, damages and other liabilities, provided that nothing in these Competition Terms shall operate so as to limit or exclude our liability for personal injury or death caused by our negligence.
By entering the Nimsdai Store Photo Comp – 1st Birthday, the entrant indemnifies us against any and all actions, claims, damages, expenses or liabilities suffered or incurred directly or indirectly by us in consequence of any breach or alleged breach, non-performance or non-observation by the entrant of any agreement, conditions, obligation or warranty on the part of the entrant herein.
In the event that any provision of these Competition Terms is held to be illegal, invalid, void or otherwise unenforceable, it shall be severed from the remaining provisions which shall continue in full force and effect.
LAWS
These Competition Terms (and any Promotion Rules) shall be construed in accordance with and governed by the laws of England and Wales.
SCHEDULE
Nimsdaistore.com – 1st Birthday Competition Three lucky winners will receive an e-gift voucher to spend on nimsdaistore.com:
1st Prize: £250
2nd Prize: £175
3rd Prize: £75
For any inquiries please contact our customer support team. info@nimsdaistore.com
