TERMS AND CONDITIONS
The following terms and conditions ("Terms and Conditions") and privacy policy apply to entry in the "#BOSSMoves | BOSS x Russell Athletic NFT Challenge" promotion (hereinafter referred to as the "Promotion"):
1. HUGO BOSS AG, Dieselstr. 12, 72555 Metzingen, Germany ("HUGO BOSS") is the organiser and promoter of the Promotion.
PRIZE
2. There will be 1 (one) winners in total for 1 (one) prizes consisting of
1 (one) out of five exclusive physical BOSS college jacket (which are not for sale and have been exclusively designed for this Promotion);
1 (one) digital unique NFT (Non-Fungible Token), which is the digital twin of the unique college jacket; and
Exclusive access to one (1) wearable snapchat filter.
No cash alternative to any prize will be provided.
Prizes are not inheritable nor for sale and may not be transferred, exchanged and/or redeemed for cash.
The winner will be responsible for the payment of taxes that apply locally as well as any other charges or levies such as customs duties or other charges related to the prize.
PARTICIPATION
3. The Promotion begins on September 23, 2021 (0:00 CET) and ends on October 23,2021 (24:00 CET). Entries submitted outside this period will not be accepted by HUGO BOSS.
4. In order to participate in the Promotion, the entrant needs to upload a video to the Tik Tok platform showing his or her BOSS moves using the branded effect filter “BOSSMoves” and the song Montell Jordan “This is how we do it”. Further, the entrant must tag the official @boss TikTok account and use the hashtag “#BOSSMoves”.
5. Entry to the Promotion is free of charge and is not conditional on the purchase of any HUGO BOSS products.
6. The entrant is responsible for all costs which he or she incurs in connection with entry in the Promotion. Similarly, the winner will be responsible for any costs not included in the description of the prize which he or she incurs.
7. No content may be published that is hurtful, defamatory, malicious or violates rights of personality. No information or content that is harmful to minors may be disseminated. Furthermore, racist, violent, glorifying violence, politically extremist, sexist, discriminatory or otherwise offensive publications, as well as those that insult, slander, threaten or verbally disparage other persons, ethnic groups or religious confessions are not permitted. No commercial or political advertising may be published. This prohibition refers to political content that is not compatible with the values of the constitution of the Federal Republic of Germany. The entrant agrees not to violate any rights of third parties (e.g. copyright, personal rights and/or trademark rights). The organizer reserves the right to delete entries from participants or to exclude them from the competition if they violate any of the aforementioned provisions.
PRIZE HANDLING
8. One (1) winner will be drawn at random from all valid entries using a web-based random generator tool on October 29, 2021 based on the entrant`s TikTok Account name. The winner will be notified by HUGO BOSS (@boss) with a direct message to his Account name on the same date.
9. The winner will forfeit his or her claim to the prize if he or she does not validly claim the prize within 1 (one) week of receipt of the prize notification. HUGO BOSS is entitled to choose a new winner by drawing lots from the remaining entrants.
10. Once the winner claimed the prize, the prize award will be arranged by HUGO BOSS.
ELIGIBILITY
11. Entrants under these Terms and conditions must be aged 18 years or more and usually resident in Great Britain. Entrants need to have a Tik Tok account in order to participate in the Promotion and a cryptocurrency wallet in order to receive the NFT.
12. The Promotion is not open to employees of HUGO BOSS AG, TikTok Information Technologies UK Ltd. and/or affiliates of the HUGO BOSS Group and/or anyone else professionally connected with the Promotion, and/or their relatives and life partners.
13. HUGO BOSS reserves the right to verify whether an entrant is eligible to take part in the Promotion. HUGO BOSS is especially entitled to ask an entrant for their age and to confirm their identity with a valid ID. Proof of age will be required on delivery of any prize which includes alcohol.
14. Any illegible, incomplete or fraudulent entries will be rejected. Any entry made or attempted to be made to the Promotion in a manner which, in the reasonable opinion of HUGO BOSS is not in accordance with these Terms and Conditions or is by its nature unfair to other entrants (which may include, by way of example only, cheating, hacking, deception and/or use of robots or other automated programs) may be excluded from the Promotion or (if selected as a winning entry) the relevant entrant deprived of the prize and another winner selected in accordance with these Terms and Conditions.
LIABILITY
15. HUGO BOSS will not be liable if, through no fault of its own, emails, letters or prizes are lost, delayed, misdirected, corrupted or damaged in the mail and/or cannot be delivered for any reason provided that neither HUGO BOSS nor its vicarious agents have acted in a manner that was intentionally wrongful or grossly negligent. Emails will be deemed to be received on the date of transmission; communications sent by post will be deemed to be received 5 days after posting. Proof of submitting an entry is not proof of HUGO BOSS’s receipt.
16. HUGO BOSS accepts no responsibility for technical or other disturbances, including those resulting from the breakdown of its network, the Tik Tok platform, computer etc. which make entry to the Promotion, impossible.
17. HUGO BOSS gives no warranties or representations about the quality or suitability of any prize. HUGO BOSS will only be responsible for damage which the entrant suffers in connection with entering the Promotion or accepting or using any prize as the result of gross negligence or intentional wrongdoing on its part or on the part of one of its vicarious agents or which the entrant suffers as the result of a breach of a material duty (i.e. a duty whose fulfillment is a prerequisite for the conduct of the Promotion and which the entrant was legitimately entitled to expect HUGO BOSS to comply with). This limit on liability does not apply to any damage resulting from a breach leading to the death, bodily injury and/or illness of the entrant or claims based on any applicable product liability law (Produkthaftungsgesetz) or any other liability which cannot be excluded by law.
18. HUGO BOSS will not be liable for any failure to comply with its obligations in relation to the Promotion, and reserves the right to terminate the Promotion in whole or in part at any time if the Promotion (or any part of it) is not capable of running as planned, due in either case to any cause beyond the control of HUGO BOSS including, without limitation, a computer virus, force majeure technical failure, change of law, industrial action or unauthorised human intervention that could corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion.
19. By posting his/her contribution, the entrant declares that the video is free of third party rights, i.e. that the video either originates from him/her or that he/she has obtained the respective consent of the authors as well as of any other persons to be seen in the video, and that he/she can prove this consent to HUGO BOSS at any time. The participant also assures that no other rights of third parties, in particular no copyrights, personal rights or trademark rights, are violated by the video and that the video does not contain any content that glorifies violence, is relevant under criminal law, is pornographic or otherwise offensive or violates the law.
20. The entrant indemnifies HUGO BOSS against all claims that third parties may have or may have against HUGO BOSS as a result of the video. The entrant also agrees to support HUGO BOSS at any time in a reasonable manner in defending against such claims. Any further claims for damages by the organizer against the participant remain unaffected.
21. HUGO BOSS is not obligated to check the video uploaded by an entrant for potential infringements of third party rights. However, HUGO BOSS is entitled to reject contributions, delete contributions or exclude the entrant from participation at any time and without explanations or prior notice if, in the organizer's proper assessment, a contribution is illegal, offends common decency or is otherwise inappropriate.
MISCELLANEOUS
22. During the Promotion, the Terms and Conditions may be viewed at link (Tik Tok Hashtag Challenge Page, Tik Tok Branded Effect Page, HB Website).
23. HUGO BOSS’s decision on any aspect of the Promotion is final and binding and no correspondence will be entered into.
24. German law will apply. If an entrant has his ordinary residency at the time of the entering the Promotion in another country within the European Union, any mandatory provisions of his or her local law will apply regardless of German law.
25. If you have any queries about these Terms and Conditions or the Promotion, please contact HUGO BOSS at:
HUGO BOSS AG
(registered at the Local Court of Stuttgart, Germany, HRB 36 06 10)
Dieselstraße 12
72555 Metzingen
Germany
or by email at info@hugoboss.com
DATA PROTECTION
CONTROLLER AND DATA PROTECTION OFFICER
HUGO BOSS AG (Dieselstraße 12, 72555 Metzingen, GERMANY, info@hugoboss.com) is the controller and organizer of the promotion (#BOSSMoves | BOSS x Russell Athletic NFT Challenge). You can contact the Data Protection Officer of HUGO BOSS AG via email to privacy@hugoboss.com or at the company`s address for the attention of the Data Protection Officer.
For the processing of your personal data by TikTok, TikTok`s Privacy Policy applies.
PURPOSE AND LEGAL BASIS
The processing of the entrant`s TikTok Account name and – when needed in accordance with clause 13 – the entrants age and further identification data is necessary for the performance of the contract (Terms & Conditions for the promotion #BOSSMoves | BOSS x Russell Athletic NFT Challenge), in particular to draw and notify the winner (legal basis Article 6 (1) b. GDPR).
RECIPIENTS OF YOUR PERSONAL DATA
HUGO BOSS will not share your personal data with third parties. Within HUGO BOSS, your personal data will be passed on only to those departments / persons who need your data to fulfil HUGO BOSS` contractual obligations.
STORAGE PERIOD
After the promotion has ended, HUGO BOSS deletes all aforementioned personal data unless these are to be kept longer due to statutory retention periods.
YOUR RIGHTS
As a data subject you can exercise the following rights with respect to the processing of your personal data, provided that the relevant conditions are met:
I. Right of access (Art. 15 GDPR)
II. Right to rectification (Art. 16 GDPR)
III. Right to erasure (“right to be forgotten”) (Art. 17 GDPR)
IV. Right to restriction of processing (Art. 18 GDPR)
V. Right to data portability (Art. 20 GDPR)
VI. Right to object (Art. 21 GDPR)
Under the conditions provided in Art. 21 No.1 GDPR you have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data which is based on Art. 6 (1) (e) or (f) GDPR, including profiling based on those provisions. Under the conditions provided in Art. 21 No.2 GDPR you have the right to object at any time to processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing.
VIII. Right to lodge a complaint with the supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of your personal data infringes GDPR (Art. 77 (1) GDPR)
YOUR PROVISION OF PERSONAL DATA
The provision of your abovementioned personal data is necessary to enter into a contract with HUGO BOSS. However, you are not obliged to provide your personal data. But please note that you will not be able to participate in the promotion if you do not provide your data to the extent described in the Terms & Conditions.
