Clear Futures Initiative
TERMS & CONDITIONS
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
These Terms and Conditions apply for Tanologist’s CLEAR FUTURES Initiative (the “Initiative”) sponsored by We Are Luxe Ltd, (Tanologist).
1. APPLICATION PERIOD
The Initiative application period commences at 09:00 (BST) on 8th June 2021 and closes at 00:00 (BST) on 21st July 2021 (the “Application Period”). Participants are responsible for determining the corresponding time zone in their respective jurisdictions. The Sponsor’s computer is the official timekeeping device for the Initiative.
2. HOW TO APPLY
To apply to the CLEAR FUTURES Initiative, you must:
2.1 complete and submit an online application form provided on the Sponsor’s website at www.tanologist.com/clear-futures, together with the video submission set out at Clause 2.2 below (together, the “Application”) during the Application Period.
2.2 submit a video shot vertically, maximum length of two (2) minutes via unlisted YouTube, Vimeo or public TikTok link to share. The video should cover the following:
The Why: Why you believe you should be a recipient of a CLEAR FUTURES grant.
The What: What you would use the funds provided to you for.
The How: How the funds provided to you would benefit your plans for your future.
You must have a YouTube account to submit your video via YouTube. If you do not already have a YouTube account, you may create one for free by visiting www.youtube.com and following the instructions to create an account. You must have a TikTok account to submit your video via TikTok and the account must be set to public. If you do not already have a TikTok account, you may create one for free by visiting www.tiktok.com and follow the instructions to create an account. If you do not already have a Vimeo account, you may create one for free by visiting www.viemo.com to create an account. Videos submitted via YouTube, Vimeo or TikTok must comply with the corresponding platform’s terms and conditions (as applicable).
2.3 You may also, but are not required to, submit an optional short essay (up to 250 words) to further describe the above listed topics together with the Application.
Applications will be accepted by online entry only. No other method of entry will be accepted. All entries must be received by the Sponsor during the Application Period to be valid. All Applications received after the Application Period are automatically disqualified.
There is a limit of one (1) Application per person. Applications on behalf of another person and joint applications will not be accepted. Multiple entrants are not permitted to share the same YouTube account, TikTok account, or Vimeo account for purposes of entry into the Initiative. Applicants must fully complete, submit, and upload all information requested in the Application, as directed, during the Application Period in order to be eligible.
Applicants must acknowledge their acceptance of and agreement to these Terms and Conditions by clicking in the relevant box at the end of the Application. By participating in the Initiative, entrants warrant and represent that they have reviewed, accepted and agreed to be bound by the Official Rules, and accept the decisions of the Sponsor as final and binding in all respects.
Applicants are solely responsible for internet connectivity, software and/or hardware that may be required in order to create and/or submit their Application, including any files. Proof of submitting an Application does not constitute proof of receipt by Sponsor. Applications, including attachments, that do not comply with these Terms and Conditions and/or are incomplete or inaccurate will be void, eliminated and not eligible for consideration. The Sponsor will not accept responsibility for Applications that are lost, corrupted or delayed, regardless of cause, including, for example, as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software of any kind.
By submitting an Application, you warrant and represent that the materials submitted are original and have been created by you and/or that all necessary rights have been secured and disclosed in the event they were developed by others.
To be eligible for the Initiative, you must meet all of the following criteria:
- You are an individual, eighteen (18) years of age or older (or the age of majority in your place of residence if greater than eighteen (18)) as of the date the Application is submitted;
- You are a legal resident of one of the fifty (50) United States of America or the District of Columbia, or the United Kingdom.
By submitting an Application, you confirm that you are eligible to do so and eligible to claim the Grant (defined below). The Sponsor may require you to provide proof that you are eligible to apply for the Initiative. Sponsor shall determine, in its sole discretion, whether an applicant meets the eligibility criteria to participate in the Initiative. Sponsor’s decisions regarding eligibility are final and binding. There is no requirement to purchase Sponsor’s products or payment of any kind required to apply to the Initiative. A purchase of Sponsor’s products will not improve your chance of winning.
The Sponsor and its subsidiaries, divisions, affiliates, employees, directors, shareholders, suppliers, distributors and advertising, promotional and judging agencies, and their immediate family members (spouses, parents, children, and siblings and their spouses) and household members of each (whether related or not) are not eligible to participate or win. The Sponsor reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of the Initiative. This Initiative is subject to all applicable federal, state, territorial and local laws and regulations. THIS INITIATIVE IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
4. THE AWARD
Up to 20 recipients (the “Recipients”) will each receive a CLEAR FUTURES grant of £5,000 (inclusive of all taxes) (or the US dollar equivalent, where applicable, based on a conversion rate applied by the Sponsor) (the “Grant”). Total Value of all Grants is £100,000. The Sponsor will request bank account details from Recipients at the time of notifying Recipients of the award of a Grant in accordance with Clause 5 below for the purpose of making payment of the Grant to Recipients. It is at the Sponsor’s discretion to decide how and when the Grant is paid to Recipients, for example whether it will be paid in a single one-off payment or in instalments. All national, federal, state and local taxes are the sole responsibility of the Recipients. In particular, Recipients shall pay all income tax, national insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with any payments made by the Sponsor to Recipients. Recipients are not employees, workers or agents of the Sponsor and the Sponsor shall not pay any salary or consultancy fees to Recipients. Grant is awarded “AS IS” with no warranty or guarantee, either express or implied by Sponsor, The Grant is non-negotiable, non-transferable and non-assignable, and Sponsor will not replace any lost or stolen Grant. If no or an insufficient number of Applications meet the minimum eligibility criteria, some or all of the Grants may not be awarded or Sponsor may increase the value of any awarded Grant. All details of any award not specified herein shall be determined solely by Sponsor.
Upon receipt of the Grant, Recipients agree to the following terms:
- To provide a video message confirming their receipt of Grant & outlining how they plan on using it.
- To provide a video message 1 month after receiving Grant providing update of how Grant has been used.
- To provide a video message 3 months after receiving Grant providing update of how Grant has been used.
The rights to all of the above shall be licensed to Sponsor once submitted by Recipient in accordance with Clause 7 below. All video messages for the purpose of this Clause 4 shall be provided to the Sponsor via online application form. The Sponsor reserves the right to reclaim all or any part of the Grant received by a Recipient if such Recipient fails to comply with this Clause 4, including but not limited to the delivery of the video messages, or if, in the opinion of the Sponsor, the Recipient has attempted to use the Grant in such a way that compromises the integrity or legitimate operation of the Initiative in any way and/or is contrary to the spirit or intention of the Initiative.
5. HOW RECIPIENTS ARE DETERMINED
Eligible Applications will be reviewed by members of a committee consisting of an internal panel of Sponsor employees. The Recipients will be selected from among all eligible applicants based on the following criteria:
- The Why: Why you believe you should be a recipient of a CLEAR FUTURE grant.
- The What: What you would use the funds provided to you for.
- The How: How the funds provided to you would benefit your plans for your future.
The 20 applicants who are selected by the committee of internal panel of Sponsor employees shall be named a potential Grant Recipient. Sponsor may contact you with requests for additional information regarding your Application. Sponsor will notify Recipients by using the email and/or telephone number provided with the Application as soon as practicable after the Application Period. The Sponsor will make all reasonable efforts to contact the potential Recipients. If Sponsor (i) is unable to contact the potential Recipient within three (3) days from first notification attempt, (ii) if the potential Recipient fails to promptly provide, complete and return all requested documentation, including, but not limited to an Affidavit of Eligibility and Release (“Affidavit”), to claim the Grant by the specified date, or (iii) if the potential Recipient fails to comply with any of the requirements in these Terms and Conditions, it may result in a Recipient’s disqualification, the forfeiture of its interest in the Grant, and, at Sponsor’s discretion, the presentation of the Grant to the recipient whose Application received the next highest score. A Grant not claimed by a potential Recipient and not awarded to a substitute recipient by Sponsor in accordance with these Terms and Conditions will remain the property of Sponsor. The Sponsor does not accept any responsibility if a Recipient is not able to take up the Grant. All decisions of Sponsor and the review committee with respect to the determination of Recipients, and all other matters pertaining to the Initiative are final and binding and cannot be appealed or challenged. Odds of winning depend on total number of eligible entries received during the Application Period.
For the purposes of this section the term “UK Data Protection Laws” means (i) the UK GDPR; (ii) the Data Protection Act 2018; (iii) any laws which implement any such laws; and (iv) any laws that replace, extend, re-enact, consolidate or amend any of the foregoing.
Sponsor acknowledges that it may need to process personal data relating to you (in its capacity as a Data Controller) in order to: (a) process the application; (b) assess the application; (c) communicate the success of the application; (d) manage the presentation of the grant; and (e) manage promotional material in relation to the Initiative.
Sponsor shall comply with the obligations imposed under the UK Data Protection Laws.
Sponsor shall delete all collected personal data in accordance with relevant UK Data Protection Laws when it is no longer necessary for it to be kept in relation to the listed processing purposes. Sponsor shall hold the personal data throughout the application and decision-making process and delete the data of unsuccessful applicants once a decision has been reached. The personal data of successful applicants will be kept for a year in order to process the presentation of the grant and for promotional and communication purposes.
Your normal rights under UK Data Protection Laws are not affected by these Terms and Conditions.
7. GRANT OF RIGHTS
Once submitted, Applications cannot be modified by applicants. By submitting an Application, each applicant gives permission (and warrants and represents that he/she has obtained all rights necessary from third parties to give such permission and grant the license herein described, if applicable) to Sponsor and its licensees, sublicensees, successors, and assigns (collectively, the “Rights Holders”), the exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicensable right and license (including but not limited to, all intellectual property and proprietary rights contained in the content of the Application and any accompanying materials and, if applicable, each of the video messages provided to the Sponsor by Recipients in accordance with Clause 4 above (together “the Entry”), including without limitation patents, trademarks, and copyrights) to use, display, publish, perform, exhibit, copy, edit, adapt, reproduce, store, re-format, manufacture, construct, tailor, distribute, sell, offer to sell, import and/or otherwise exploit the Entry, and the applicant’s likeness (both as depicted in the Entry and otherwise), name, voice, performance and biographical information (including, but not limited to, city and state/province of residence), in any manner and in any and all distribution channels, venues, formats and media now or later known or developed (collectively, the “License”) without compensation (where permitted by law) and without review, approval or notice, to the extent permitted by law.
The rights granted pursuant to the License shall also include, without limitation, the right to: (a) change, alter, distort, edit or revise the Entry, or any part thereof; and (b) make derivative works based on the Entry, or any part thereof. Applicant agrees to sign any documents required by Sponsor upon request (and without compensation) to confirm such License. Sponsor is not obligated to exercise any of the rights granted in these Terms and Conditions. Applicant further agrees that (a) Sponsor does not owe him/her a duty of confidence (or fiduciary duty or the like) and that he/she has no expectation of privacy as to his/her Entry and (b) Sponsor has wide access to ideas, stories, designs and other literary/artistic materials submitted to it from outside sources or being developed by its own employees and that such ideas/stories/designs/literary/artistic materials may be competitive with, similar to (or even identical to) his/her Entry and that Sponsor shall have no liability to Applicant or any third party in conjunction therewith. You hereby irrevocably waive to the maximum extent possible under law any and all moral rights under the Copyright, Designs and Patents Act 1988 (and all similar rights in other jurisdictions) which you have or will have in the Entry. Sponsor grants to each qualified Applicant a limited, non-transferable, non-exclusive, non-sublicensable, revocable right to use its and/or its licensor’s trademarks solely for purposes of and limited to their Entry submitted in this Initiative; such right and license will automatically expire without further act of any party at the expiration of the Initiative on 8th July 2021, unless specifically extended on an individual basis by Sponsor in writing in its sole discretion. Any other use of Sponsor’s and/or its licensors’ trademarks will be a violation of Sponsor’s or its applicable licensors’ intellectual property rights.
8. CONFIDENTIALITY & PUBLICITY
By submitting an Application and participating in the Initiative, you acknowledge and agree that if you are selected as a potential Recipient, you will not disclose to any person or third party the fact that you were selected until notified by Sponsor that such disclosure is permitted or until made public by Sponsor. Sponsor will coordinate all publicity and press announcements regarding the Initiative and will provide Recipients with as much advance notice of such announcements as possible. Sponsor may refuse any media opportunity in its sole discretion. Except where prohibited by law, participation in the Initiative constitutes potential Recipient’s consent to Sponsor’s use of Recipient’s name, image, likeness, photograph, voice, and city, state, and country of residence for promotional purposes in any media, worldwide, irrevocably and in perpetuity without further notice, payment, or consideration to the potential Recipient.
9. LIMITATIONS OF LIABILITY
Except where prohibited by law, Sponsor, its respective subsidiaries, and its and their respective officers, directors, shareholders, employees, agents, insurers, and any and all internet servers and access provider(s) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other person’s computer relating to or resulting from participation in this Initiative; inability to access Sponsor’s website or application form; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or human or other errors, including typographical errors, in any Initiative-related materials, including these Terms and Conditions; and any Applications which are late, lost, incomplete, misdirected, stolen, or any combination thereof. Online submission is not considered proof of delivery or receipt. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Grant at any time and without notice. No more than the stated number of Grants will be awarded.
By entering, you agree to release, discharge, indemnify, defend, and hold harmless Sponsor, Google LLC, TikTok, Inc., and Vimeo.com, Inc., and each of their respective parents and subsidiaries and their respective employees, officers, directors, shareholders, insurers and agents from and against all claims or causes of action and damages or liability arising in connection with your participation and/or entry in the Initiative and/or your receipt or use of the Grant, or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the Grant or participation in the Initiative or any Initiative-related activity or your breach of these Terms and Conditions, except where it is caused by the negligence of the Sponsor, its agents or distributors or that of their employees. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by technical or human error or otherwise which may occur in the processing of applications for this Grant or in the running of this Initiative. Sponsor will not be responsible for typographical, printing or other errors in these Terms and Conditions or in other materials relating to the Initiative. To the maximum extent permitted by law, Sponsor’s total aggregate liability to the Applicant shall not exceed the amount of any award(s) made to the Applicant in this agreement.
10. GENERAL TERMS AND CONDITIONS
This Promotion is in no way sponsored, endorsed or administered by, or associated with Google LLC, TikTok, Inc., and Vimeo.com, Inc. You understand that you are providing your information to the Sponsor and not to Google LLC, TikTok, Inc. or Vimeo, Inc.
You represent and warrant that your Application material and subsequent video messages (i) do not contain any computer virus (as applicable), is otherwise uncorrupted, are wholly original with entrant, and as of the date of submission, are not the subject of any actual or threatened litigation or claim; (ii) do not and will not violate or infringe upon the intellectual property rights or other rights of any third party; (iii) comply with these Terms and Conditions and YouTube’s Terms of Service (https://www.youtube.com/static?gl=US&template=terms) and Community Guidelines (https://www.youtube.com/howyoutubeworks/policies/community-guidelines/) (for videos uploaded to YouTube), Vimeo’s Terms of Service (https://vimeo.com/terms) and Guidelines (https://vimeo.com/help/guidelines) or (for videos uploaded to Vimeo) or TikTok’s Terms of Service (https://www.tiktok.com/legal/terms-of-service?lang=en), as applicable; (iv) are not and will not be defamatory or libellous; (v) are not and will not be offensive, inappropriate, obscene, or indecent; (vi) do not and will not contain hate speech or anything that is illegal, as determined by Sponsor or the judges in their sole discretion, and (vii) do not and will not violate any applicable laws. Sponsor reserves the right to disqualify any applicant whose Application and subsequent video messages are, as determined by Sponsor in its sole discretion, offensive, inappropriate, obscene, indecent, contain hate speech or anything that is illegal, are not in keeping with Sponsor’s image or that are otherwise not in compliance with these Terms and Conditions.
Sponsor reserves the right to disqualify any applicant that Sponsor determines to be in violation of any term contained in these Official Rules, including the YouTube Community Guidelines, or that do not comply with entry limitations.
All decisions regarding the Initiative’s Terms and Conditions, procedures, and processes are at the sole discretion of Sponsor. By submitting an Application, you agree not to seek any financial damages from Sponsor for any claim, dispute or cause of action in connection with or arising out of the Initiative, including the Grant. If the Initiative is not capable of running as planned for any reason, including, without limitation, as a result of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, cancellation of games, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Initiative, Sponsor reserves the right, in its sole and absolute discretion, to cancel, terminate, modify or suspend the Initiative. Sponsor may disqualify any individual who tampers with the entry process, and, if terminated, to determine an alternative Recipient, if any, from among all eligible, non-suspect Applications submitted up to the point of termination.
All issues and questions concerning the construction, validity, interpretation and enforceability of these terms and conditions or the rights and obligations of applicants or sponsor in connection with the Initiative shall be governed by and construed in accordance with the laws of England and Wales without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other countries laws. The Initiative for U.S. residents will be governed by the laws of the United States of America. All claims shall be resolved individually, without resort to any form of class action, and applicant hereby waives any rights or claims to attorney’s fees, indirect, special, punitive, incidental or consequential damages of applicant, identifiable persons, or third party participants, whether foreseeable or not and whether based on negligence or otherwise. Some jurisdictions do not allow for limitations of certain remedies or damages and so those provisions may not apply to you.
11. FORCE MAJEURE
The failure of Sponsor to comply with any provision of these Official Rules due to an act of god, hurricane, epidemic, pandemic, war, terrorism, fire, riot, earthquake, actions of governmental authorities outside the control of Sponsor or other force majeure event shall not be considered a breach of these Terms and Conditions.
We Are Luxe Ltd, 100 West George Street, Glasgow, G2 1PJ, United Kingdom.