Garmin Sweepstake Rules: Garmin x lululemon

OFFICIAL RULES – Europe (United Kingdom)
 
Terms and Conditions of Participation with Privacy Notices

These terms and conditions (“Rules”) apply to the Sweepstake to be conducted by Garmin Europe (Ltd) through the period highlighted below. By entering this Sweepstake, you agree to be bound by these Rules. In the event of any dispute regarding the Rules, conduct, results and all other matters relating to this activity, the decision of Garmin shall be final, and no correspondence or discussion shall be entered into. 

This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or Twitter.

Any violation of these terms and conditions will result in exclusion from the sweepstake.

SURVEY TERM:  The Survey begins on 25th of April 2022 at 10 am GMT, and will continue until May 1st 2022 at 00.00 GMT (the “Sweepstake Time”).  Entries received prior to or after the Sweepstake will be disqualified. Garmin is the official owner for the Sweepstake, and all decisions of Garmin shall be final. 

A winner will be selected randomly from the entrants as provided below. 

ENTRY:  NO PURCHASE NECESSARY TO ENTER OR WIN.  Eligible persons may enter the Sweepstake by following Garmin UK and Lululemon Europe.

Entries will not be acknowledged.  Garmin and its affiliates assume no responsibility for any lost entries or any computer, internet, or technical malfunctions that might occur during the entry process.  Normal internet access and usage charges imposed by your online service will apply.   

In the event of a dispute as to the identity of any entrant, the authorized account holder of the email address used to connect to the social media accounts that were submitted in the completion of the Sweepstake, will be deemed to be the entrant.  Potential winners may be required to show proof of being the authorized account holder of the email address associated with the social media account.  

ENTRY LIMITATIONS:  Eligible participants are limited to one entry in the survey.  Each eligible participant may enter under one account only. Entries using automated means to generate entries, or otherwise participate are not eligible.  Use of any automated system to enter as determined by Garmin in its sole judgment is prohibited and will result in disqualification at Garmin’s sole discretion.  Additionally, anyone found to use multiple email accounts to enter will be disqualified from all participation in the Sweepstakes. 

The participant’s entry will only be considered in the draw if it does not violate any laws, rules, regulations or terms & conditions of the platform used for the sweepstake. In particular, racist, violent, politically extremist, sexist, discriminatory or otherwise offensive publications, as well as those that insult, defame, threaten or verbally disparage other persons, ethnic groups or religious confessions are not permitted.

Garmin reserves the right to take legal action against the entrant in the event of any violation of this rule and to seek damages from the entrant for any material or non-material loss suffered by Garmin or its affiliates as a result of the entrant’s conduct. The entrant shall indemnify Garmin against any third-party claims that may arise in connection with the entrant’s posting.

ALL ELIGIBLE ENTRIES WILL BE ENTERED INTO THE SWEEPSTAKE.  Entries by any method other than set forth in this document are void. Garmin is not responsible for entries that it does not receive for any reason, or for entries that it receives but are ineligible under these Official Rules.  Garmin will automatically disqualify: (1) any incomplete or illegible entry; and (2) any entries received that are in excess of the entry limit described above.

PRIZE:  One prize (each, a “Prize”) will be awarded for the Sweepstake. Each prize will consist of a Garmin 245 Music running watch, and one £500 lululemon gift card. Each Prize is non-transferable and non-refundable and must be accepted as awarded.  No cash or other substitution may be made, except by Garmin, who reserves the right to substitute a Prize with another prize of equal or greater value if that Prize is not available for any reason as determined by Garmin in its sole discretion.  Winners are responsible for any taxes associated with receipt of the Prize. 

ENTRY LIMITATIONS: Entry is limited to those persons 18 years of older who are resident in the United Kingdtom and Ireland.

Each eligible participant may enter under one social media account on Instagram. Entries using automated means to generate entries, or otherwise participate are not eligible.  Use of any automated system to enter as determined by Garmin in its sole judgment is prohibited and will result in disqualification at Garmin’s sole discretion.  Additionally, anyone found to use multiple social media accounts to enter will be disqualified from all participation in the Survey.  ALL ELIGIBLE ENTRIES WILL BE ENTERED INTO THE DRAW.  Garmin is not responsible for entries that it does not receive for any reason, or for entries that it receives but are ineligible under these Official Rules.  Garmin will automatically disqualify: (1) any incomplete or illegible entry; and (2) any entries received that are in excess of the entry limit described above. 

DRAWING:  The potential winner of each Prize will be chosen in a random drawing from the pool of valid entries at 9:00am Monday 2nd May. 

Odds of winning depend on the number of eligible entries received during the Sweepstake.  The random drawings will be conducted by one or more employees of Garmin or an independent fulfilment entity.  

NOTIFICATION OF POTENTIAL WINNER:  Garmin will attempt to notify each potential winner immediately after the drawing 

The winner will be notified via comment function or in a separate post in which he/she submits his/her personal data properly and truthfully in full via direct message and can explicitly give his/her consent to the publication of the winner according to Art 6 para 1 lit. a UK GDPR or any applicable data protection law. The winner must contact Garmin by Friday 6th May 12:00pm with his/her complete and correct address data and confirm the win and that Garmin can send the prize to this address.

If the winner has not sent his/her data by Friday 6th May in the aforementioned way, the claim to the prize will be forfeited; Garmin reserves the right to name successors (substitute winners).

 If a winner of a Prize cannot be located or does not respond by Friday 6th May 12:00pm, that Prize will be forfeited, and an alternate potential winner will be drawn from the pool of remaining valid entries. 

If the prize cannot be sent to the winner due to circumstances for which the winner is responsible and not Garmin (e.g. providing the wrong residential address or similar), the claim to sending and handing over the prize will be forfeited.

Garmin and its affiliates, or their respective officers, directors, employees, representatives and agents, will not be liable for unsuccessful efforts to notify a winner.

REQUIREMENTS OF THE POTENTIAL WINNER: Except where prohibited in law, each potential winner may be required to complete and return an affidavit of eligibility (the ‘Affidavit’) within 2 days of being notified. If a potential winner fails to sign and return the Affidavit postmarked within the required time period, an alternate entrant may be selected in such potential winner’s place from all of the remaining valid entries received for the Sweepstakes Term. If a potential winner declines the Prize, does not respond to the Prize notification, fails to claim the Prize, is unavailable for Prize fulfilment, fails to abide by the Official Rules, or is ineligible, Garmin will select an alternate winner from all remaining valid entries received for the Sweepstakes Term. 

GENERAL CONDITIONS:  Garmin reserves the right to cancel, suspend, and/or modify the Sweepstakes if any fraud, virus, or other technical problem corrupts the administration, security, or proper play of the Competition, as determined by Garmin in its sole discretion.  The use of robotic, automatic, macro, programmed or like methods (including without limitation the use of any promotion/sweepstakes subscription, notification, entry or like sites or services that offer sweepstakes entry services “on behalf of” entrant) is strictly prohibited.  In such event, Garmin reserves the right to award each Prize at random from among the valid entries received up to the time of the impairment.  Garmin reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstake or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.  Any attempt by any entrant concerning such entrant’s identify or mailing address or any non-compliance by an entrant with these Official Rules may result in the immediate disqualification of the entrant from this Sweepstakes.  Garmin’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.   

LIABILITY: Garmin uses the utmost care in organizing the Sweepstakes. Unless obliged by law Garmin shall not be liable for any damages arising out of or related to participation. However, this does not apply to damages resulting from injury to life, body or health caused by a negligent breach of duty on the part of Garmin or an intentional or negligent breach of duty on the part of a legal representative or vicarious agent of Garmin, or to liability for other damages caused by a grossly negligent breach of duty on the part of Garmin or an intentional or grossly negligent breach of duty on the part of a legal representative or vicarious agent of Garmin, to the extent that any such liability is mandatory by law.

Garmin assumes no liability for printing, typographical, typesetting or other similar errors. No claims against Garmin may be derived from such errors.

DISPUTES: Except where prohibited by law, if the entrant is a consumer:  any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any Prize awarded shall be resolved, exclusively by the competent court of your place of residence.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of Garmin in connection with the Survey, shall be governed by, and construed in accordance with the laws of England and Wales . If the entrant is a consumer, mandatory provisions of the consumer’s place of residence shall also apply.

PRIVACY: 

The following privacy notices apply to Sweepstakes’ entrant regarding Garmin’s use of entrant’s personal data in conducting and processing the Sweepstakes:

If you reside in a country in the EEA, U.K., or Switzerland, then your personal data collected by Garmin is controlled by Garmin Würzburg GmbH, Beethovenstr. 1a, 97080 Würzburg, Germany. The company’s EU Data Protection Officer can be reached by email at [email protected]

To enter the sweeptstake, you must be following Garmin UK and Lululemon Europe on Instagram.

We will collect the following data from you upon notification of winning:

First name

Last name

Address

We process the personal data of the entrants to carry out the competition, among other things to determine whether you are eligible to participate and to determine and notify the winner. If we do not collect the aforementioned data, it will not be possible to participate in the competition or to contact you regarding notification of a win.

When collecting, processing and using personal data of the entrants, Garmin will ensure that any personal data will be processed lawfully, fairly and in a transparent manner in relation to the data subject.

It will be processed exclusively for aforementioned purposes.

It will not be further processed in a manner that is incompatible with those purposes.

Any data will only be processed adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.

The legal basis for the processing of personal data in the context of the sweepstake is the implementation of pre-contractual measures and the fulfilment of contractual obligations.

The winners will be informed after the competition period and are asked to provide their first name and last name via e-mail.

The aforementioned data, which we request from you in the event of a prize notification, is used exclusively for the implementation/fulfilment of the prize claim. If you do not provide us with the aforementioned data, a transfer of the prize is not possible.

The data processing serves the sole purpose of carrying out the sweepstake. The legal basis for the processing of personal data for the fulfilment of this obligation is thus Art. 6 para. 1 lit. b) of the EU General Data Protection Regulation (UK GDPR).

Your data collected by us will not be disclosed to third parties, unless the disclosure is necessary for the implementation of the competition or the transfer of the prize and there is a data protection law transmission authorization.

In addition, Garmin uses other service providers for the processing of personal data, including for the sending of e-mails, and the maintenance and analysis of databases. Garmin uses cloud services from third parties such as Adobe and SendGrid, a Twilio service, to assist in sending emails. Those services track the activities associated with these emails, such as whether they were opened, whether links in the emails were clicked on, and whether purchases were made following clicks on those links. Garmin uses this data to analyse the level of engagement with its emails. Garmin also uses third-party service providers to help us better understand usage of Garmin websites and apps and for related purposes.

All processors have been carefully selected, support Garmin strictly in accordance with instructions and only receive access to your data to the extent and for the period required for the provision of the services.

We may disclose personal data about you to others: (a) if we have your valid consent to do so; (b) to comply with legal obligations, such as a valid subpoena, court or judicial order, or other valid legal process; (c) to enforce any of our terms and conditions or policies; or (d) as necessary to pursue available legal remedies or defend legal claims.

We may also transfer your personal data to an affiliate, a subsidiary, or a third party in the event of any reorganisation, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of Garmin’s business, assets, or stock, including, without limitation, in connection with any bankruptcy or similar proceeding, provided that any such entity that we transfer personal data to will not be permitted to process your personal data other than as described in this Privacy Policy without providing you notice and, if required by applicable laws, obtaining your consent.

Garmin is a global business. To offer our products, apps and services, we may need to transfer your personal data to Garmin-owned companies in other countries. View Garmin-owned companies.

For entrants outside of China, your personal data will be collected and stored on servers in the U.S., U.K., and/or Australia.

Personal data regarding individuals who reside in a country in the European Economic Area (“EEA”), United Kingdom (“U.K.”), or Switzerland is controlled by Garmin Würzburg GmbH and processed on its behalf by other Garmin-owned companies to provide support, infrastructure, security, and other key functions. Garmin Würzburg GmbH has entered into European Commission-approved model contractual clauses where these companies are not located in the EEA or a jurisdiction deemed adequate by the European Commission.

Any personal data will be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed and will be deleted in accordance with the legal requirements. After the end of the competition, your data processed by us as part of the competition will generally be deleted within 90 days.

Garmin takes appropriate security measures, in particular contractual, organizational and technical measures, to ensure compliance with applicable data protection regulations and, in particular, to protect the personal data of participants against accidental or unintentional alteration, loss, destruction and against access by unauthorized persons.

If you reside in the EEA, U.K., or Switzerland, you have the right, subject to the conditions set out in the General Data Protection Regulation (“GDPR”) or other applicable law, to request from Garmin access to and rectification or erasure of your personal data, data portability, restriction of processing of your personal data, the right to object to processing of your personal data, and the right to lodge a complaint with a supervisory authority. For more information about these rights, please visit the European Commission’s “My Rights” page relating to GDPR, which can be displayed in a number of languages. If you reside outside of the EEA, U.K., and Switzerland, you may have similar rights under your local laws.

If you reside in the EEA, U.K., or Switzerland and you wish to exercise your right to restriction of processing or your right to object to processing, please contact the company’s EU Data Protection Officer at Garmin Würzburg GmbH, Beethovenstr. 1a, 97080 Würzburg, Germany, or by email at [email protected]

For more info about Garmin’s general privacy policy, you can visit  http://www.garmin.com/privacy/.