TERMS AND CONDITIONS H&M SOCIAL MEDIA COMPETITION
1. These terms and conditions together with any specific instructions on H&M´s Competition website https://www2.hm.com/en_gb/customer-service/legal-and-privacy/privacy-link.html (“Competition website”), TIKTOK are the Competition rules (“Rules”) and apply to the TIKTOK B2C COMPETITION (“Competition”) by H & M Hennes & Mauritz UK Limited (company number 01413450) whose registered office is at 1st Floor, UK House, 164-182 Oxford Street, London W1D 1NN (“H&M”).
2. By uploading your video using the official sound of the competition “H&M Here For It” and the hashtag #HMHEREFORIT using TIKTOK (“Entry”), each entrant (“you”) enter the Competition and agree to be bound by these Rules and for H&M to collect and process your personal data in accordance with the Privacy Notice at Appendix 1. The Competition commences 08:00am CET on 22ND SEPTEMBER 2022 and closes at 00.00pm CET on 6th OCTOBER 2022. The winners will be contacted no later than 7TH NOVEMBER 2022.
3. H&M may, acting reasonably and at its sole discretion, apply, interpret, terminate, alter, limit, suspend or modify the Rules at any time, without notice. Any changes will be posted either within these terms and conditions or on our Competition website. The most recent terms and conditions will always be posted on our Competition website.
4. In the event of any dispute regarding the Rules or the results and all other matters relating to the Competition, the decisions are final and no correspondence will be entered into.
5. The Competition is in no way sponsored, endorsed or administrated by, or associated with, TIKTOK and you agree to a complete release of TIKTOK from any and all liability in connection with this Competition.
6. Employees, officers, directors, agents and representatives of H&M, or any of its affiliated companies within the H&M Group, are not eligible to enter the Competition. H&M reserves the right not to award a prize (and to select an alternative winner) if H&M is aware or has reasonable grounds to believe that a winner is not eligible.
7. The Competition is open to persons 16 years or older when entering the Competition, who are not under guardianship, with a residential address in UK. If you are aged under 18 years, H&M assumes (and you warrant) that your parents have given their consent to you entering the Competition and accepting these Rules.
8. You are not entitled to enter the Competition if you are resident in a country or jurisdiction where the Competition may breach any law or regulation. Where this applies, H&M’s invitation to enter the Competition in such country and/or jurisdiction is withdrawn.
9. H&M reserves the right to verify the eligibility of all entrants. H&M also reserves the right to disqualify and remove any entries based on suspicion of infringement of any third party rights or if H&M has reasonable grounds to believe the entrant has breached any of the Rules.
10. By uploading your content using the official sound of the competition “H&M Here For It” AND the hashtag/s #HMHereForIt using TIKTOK you enter our Competition.
11. Only Entries submitted via TIKTOK, which are appropriately hashtagged, described and submitted by the Competition’s closing date and time, are accepted. Only Entries from public/open TIKTOK accounts are valid as Entries. Proof of posting cannot be accepted as proof of delivery, and H&M shall not be responsible for Entries not received for whatever reason.
12. By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete. You also warrant that you own all rights in and to your Entry and that you have permission from any person/s appearing in your Entry.
13. There is no purchase requirement to enter the Competition and there is no charge to register for use of TIKTOK.
14. Multiple Entries are not accepted.
15. H&M has the right to, at its sole discretion, immediately remove any material deemed offensive.
16. 5 winning entries will be chosen by random draw via a computer process managed by an independent provider (the “Winner(s)”).
17. Each Winner wins a £250 H&M gift card, (the “Prize(s)”).
18. The Prize is not transferable or exchangeable and cannot be redeemed for cash. For the avoidance of doubt, the Prize cannot be returned nor exchanged in any of H&M’s stores or online.
19. The Prize is awarded at H&M’s discretion and no prize will be awarded as a result of improper actions by or on behalf of any entrant. H&M, acting reasonably, reserves the right not to select a winner.
20. The Winners will be notified via the same channel where the Entry was uploaded TIKTOK. The Winners need to claim the Prize and submit additional information (Full name and email address) within 48 hours of receiving the notification on TIKTOK. Return of any prize notification as undeliverable, failure to claim the Prize within this time or failure to submit additional information may result in disqualification and selection of an alternate winner. Winners will then be contacted via the email address supplied via TIKTOK and verified as legitimate winners according to these Rules. Once verified, the Prize will be dispatched within one month of verification.
21. H&M cannot be held responsible for any costs associated with winning the Prize, else than what is specified in the Rules. If costs such as taxes or loss of income would arise as a result of winning the Competition, they shall be covered by you.
Intellectual Property Rights & Use of Entries
22. You specifically grant H&M a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to moderate and use your Entry on any of H&M’s marketing channels.
23. The Entries and associated usernames will be public to all. By entering the Competition and accepting the Rules you agree your Entry can be broadcasted via digital feeds.
24. By entering the Competition and accepting the Rules, you agree that H&M may use your personal details for the purpose of conducting the Competition, including the use of your username.
25. By entering the Competition, you give H&M permission to contact you via TIKTOK if you are a Winner and to use your username on TIKTOK to announce the Winner/s on H&M’s TIKTOK. H&M will not add the Winner or any entrants to our mailing list.
Limitation of Liability
26. H&M will not be liable for any system failure or malfunction of TIKTOK or any consequences thereof.
27. H&M accepts no liability for any loss, damages or disappointment arising from entering the Competition or in any other way relating to the Competition, except for any liability which cannot be excluded by law.
28. The Competition and Rules will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the English courts. If you access the Competition outside of the UK, you are responsible for compliance with all local laws.
This privacy notice provides information on how H&M Hennes & Mauritz UK Limited collects and processes your personal data when you enter this Competition.
1. WHO WE ARE
H&M Hennes & Mauritz UK Limited (company number 01413450) whose registered office is at 1st Floor, UK House, 164-182 Oxford Street, London, W1D 1NN is the controller and responsible for your personal data.
If you have any questions about this privacy notice or our data protection practices, please contact Customer Service.
2. THE DATA WE COLLECT ABOUT YOU
For the purpose of this Competition, we will collect the following kinds of personal data about you on entry and through direct interactions with you and will only retain your personal data for as long as reasonably necessary: Full name; email address; home address and username/ social media handle.
3. LEGAL BASIS AND HOW WE USE YOUR PERSONAL DATA
We will use your personal data based on our and your legitimate interests and your interests and fundamental rights do not override those interests, these include:
· Selecting and where applicable publishing details of the winner, for e.g. in our Fashion News
· Notifying you if you are selected as a winner
· Sharing notifications relating to the Competition such as any updates or changes to the Rules
· Fulfilment / delivery / arrangement of the prize
· Opting you in to receive H&M Fashion News where you have consented to this
4. HOW WE SHARE YOUR PERSONAL DATA
We share your personal data with a third party supplier, The Marketing Store Worldwide (Europe) Ltd, who support us in randomly selecting, verifying and notifying the Winner. We will not share your information with third parties for marketing purposes.
5. INTERNATIONAL TRANSFERS
The personal data that we collect from you is generally stored within the UK, however, where necessary we may transfer, store and process your personal data within a country of the European Union (EU), the European Economic Area (EEA) or a country outside of the EU/EEA. Any such transfer of your personal data will be carried out in compliance with applicable laws and without undermining your statutory rights.
6. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data including the right to access, erase, object, restrict and receive a copy of the personal data we hold about you and the right to make a complaint at any time to the Information Commissioner's Office, the UK regulator for data protection issues.
If the processing of your personal data is based on your consent, you have the right to withdraw your consent at any time.
You also have the right to object to processing of your personal data that is based on legitimate interest. We will not continue to process the personal data unless we can demonstrate legitimate grounds for the process which overrides your interest and rights or due to legal claims.
7. HOW DO YOU EXERCISE YOUR RIGHTS?
If you wish to exercise your rights as set out above or if you have any questions about this privacy notice or our processing of your data, you can contact us at any time at firstname.lastname@example.org.