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THESE TERMS AND CONDITIONS
1. These terms and conditions (Competition Terms) are the overarching general terms and conditions that apply to the Nimsdai Store x Nimsdai – 1st Birthday Competition promoted by NIMS DAI LTD (Nimsdai, we, us or ourselves).
2. The Competition Terms apply alongside any specific competition rules set out in the Nimsdai Store x Nimsdai – 1st Birthday Competition promotional materials (Promotion Rules). The Competition Terms and Promotion Rules should be read carefully together.
3. In the event of a conflict between the Competition Terms and Promotion Rules, the Promotion Rules will have priority.
COMPETITION PROMOTER
1. 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 x Nimsdai – 1st Birthday Competition will be Elite-Exped.
2. NIMS DAI LTD is a company registered in England and Wales with company number 12400632 and with its registered office at C/O Clintons, 2 St. Giles Square, London, England, WC2H 8AP. You can write to us at this address if you have any concern in relation to the Nimsdai Store x Nimsdai – 1st Birthday Competition, setting out clearly your issue.
ELIGIBILITY RULES
1. The Nimsdai Store x Nimsdai – 1st Birthday Competition is open to any person aged 18 or over at the date of their entry.
2. Entrants may not enter or participate as part of a syndicate or on behalf of any other person, syndicate, group, society, or company.
3. Entrants may not enter the Nimsdai Store x Nimsdai – 1st Birthday Competition using automated entry software or any other mechanical or electronic means that permits any person to enter the Nimsdai Store x Nimsdai – 1st Birthday Competition repeatedly.
4. Employees, Trustees (and their immediate family and household members) of Elite-Exped, or any company involved in the Nimsdai Store x Nimsdai – 1st Birthday Competition, 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 x Nimsdai – 1st Birthday Competition may not enter the Nimsdai Store x Nimsdai – 1st Birthday Competition.
PRIZE
1. The Nimsdai Store x Nimsdai – 1st Birthday Competition prize-winner (Competition Winner) will win the prize set out in Schedule 1.
2. 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.
3. 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 x Nimsdai – 1st Birthday Competition
4. We reserve the right to request proof of the Competition Winner’s identity in the form of a passport or drivers 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.
5. The Nimsdai Store x Nimsdai – 1st Birthday Competition prize is fixed and strictly non transferable, non-exchangeable and there is no cash alternative.
UNCLAIMED PRIZE
1. 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
1. The personal information supplied by all entrants when entering the Nimsdai Store x Nimsdai – 1st Birthday Competition or otherwise requested by us, will be used by us in accordance with our privacy policy which can be found at https://www.nimsdai.com/privacy-policy, or as modified for the Nimsdai Store x Nimsdai – 1st Birthday Competition. You should always read the privacy policy as your entry in the Nimsdai Store x Nimsdai – 1st Birthday Competition 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 x Nimsdai – 1st Birthday Competition concluding and/or award of the prize, entrants will forfeit their right to claim the prize.
2. It is a condition of your entry to the Nimsdai Store x Nimsdai – 1st Birthday Competition that we have the right to publicise to the public the names and countries of entrants to the Nimsdai Store x Nimsdai – 1st Birthday Competition and otherwise to process your personal information for the running of the Nimsdai Store x Nimsdai – 1st Birthday Competition and matters incidental to the Nimsdai Store x Nimsdai – 1st Birthday Competition
3. No fees shall be payable to any entrant in relation to their entry to the Nimsdai Store x Nimsdai – 1st Birthday Competition or any publicity relating to the Nimsdai Store x Nimsdai – 1st Birthday Competition
4. By entering the Nimsdai Store x Nimsdai – 1st Birthday Competition entrants warrant and undertake that the information submitted is true, accurate and complete.
COPYRIGHT
1. By entering the Nimsdai Store x Nimsdai – 1st Birthday Competition all entrants:
a. 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;
b. agree not to assert any moral rights in respect of their entry and the publicity materials (wherever and whenever such rights are recognised) against Elite-Exped, its assigns, licensees and successors in title;
c. 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
d. 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.
2. For the avoidance of doubt, all rights in the name and title of the Nimsdai Store x Nimsdai – 1st Birthday Competition and the format rights for the E Nimsdai Store x Nimsdai – 1st Birthday Competition are our sole property and we may exploit the same our absolute discretion.
3. The prize and all parts making up the prize are subject to availability, non-transferable and non-exchangeable and the Nimsdai Store x Nimsdai – 1st Birthday Competition must be taken on the date/s specified by us. If the Competition Winner does not take any element of a prize at the time stipulated by us (or any relevant third party prize provider) then that element of the prize will be forfeited by the Competition Winner. No cash will be awarded in lieu of that prize or part of it.
4. 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.
5. 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 x Nimsdai – 1st Birthday Competition or the Competition Winner from receiving the prize where any such person engages in unsafe, illegal, unsociable or inappropriate behaviour.
TERMINATION OF COMPETITION
1. We may vary the terms of, or terminate, the Nimsdai Store x Nimsdai – 1st Birthday Competition 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 x Nimsdai – 1st Birthday Competition is terminated.
DECISIONS FINAL
1. All our decisions relating to the Nimsdai Store x Nimsdai – 1st Birthday Competition and/or redemption of the prize are final. No discussions or correspondence with entrants or any other person will be entered into.
2. Tiebreakers, disputes, conflicts, questions or concerns will be managed by us and, if required by law, by an independent adjudicator.
LIABILITY
1. 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.
2. 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 x Nimsdai – 1st Birthday Competition 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.
3. By entering the Nimsdai Store x Nimsdai – 1st Birthday Competition, 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.
4. 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
1. These Competition Terms (and any Promotion Rules) shall be construed in accordance with and governed by the laws of England and Wales.
SCHEDULE 1
Nimsdaistore.com x Nimsdai – 1st Birthday Competition
Prize bundle worth over £1300 from Nimsdaistore.com
o K2 Jacket
o Baltoro Trousers
o Baselayer
o Ultralight Trekking Poles
o Water Bottle
o Ultralight Cap
o Socks
o Patches
o Cool Max Neck Warmer
o Utility bag/washbag
o Travel Flask
o Signed Copy of Beyond Possible