Terms and Conditions – #OurShapesOurSpirit

  • Introduction
      1. These terms and conditions, and any other documents and policies incorporated by reference, (“Terms”) shall apply to the #OurShapesOurSpirit competition (the “Competition”) organised by Lion City Sailors Private Limited (“Lion City Sailors”), and shall form a contract between you and Lion City Sailors. 
      2. Your participation in the Competition constitutes your agreement to be bound by these Terms The offering of the Competition to you is conditional on your acceptance of these Terms. If you do not agree to these Terms, you must not participate in the Competition.
      3. Lion City Sailors’ other policies (including, but not limited to, the Terms of Service available here) (“Policies”) also apply to your participation in the Competition – to the extent of any inconsistency between the Policies and these Terms, the Policies shall prevail.

 

  • Competition Period 
      1. The competition shall run from 25 – 26 September 2023 (“Competition Period”).

 

  • Competition Mechanics
      1. To participate in the Competition, you must use your personal Instagram account to post on your own Instagram page, and must ensure that each entry is public and contains the hashtag #OurShapesOurSpirit during the Competition Period. Entries of Instagram posts to the Competition are limited to one per participant / person.
      2. Winning entries will be chosen by the Lion City Sailors marketing department and will be judged on creativity (in its sole discretion).
      3. There will be ten (10) prize winners for the Competition.  Each prize (“Prize”) is a trip for one person to Hong Kong to watch the Asian Football Confederation Champions League (ACL) Group F fixture between the Lion City Sailors and Kitchee SC scheduled for 4 October 2023 (the “ACL Fixture”). The Prize shall include a return economy class flight to Hong Kong, two night’s accommodation in Hong Kong (twin-sharing), airport transfers, and one match ticket to the ACL Fixture (details of airlines and hotels to be determined by Lion City Sailors at its discretion and communicated to the winners separately).
      4. Each prize winner will be contacted through social media direct messaging by Lion City Sailors. In the event that Lion City Sailors is unable to contact or receive a response from a winner after three (3) attempts, a replacement prize winner will be chosen.
      5. Acceptance of a Prize by a winner shall constitute agreement for the winner to take part in such related promotional activities as Lion City Sailors may require. 
      6. The Prize winner must meet travel, health and other conditions under Singapore and Hong Kong laws and regulations, including presenting proof of vaccinations and a valid passport. The Prize winner will also be responsible for all other costs in connection with travelling to the ACL Fixture, including, but not limited to, the costs of any COVID-19 tests and any COVID-19 related eventualities and personal travel expenditures (e.g dining / drinking, forms of transport beyond those mentioned above, travel insurance, etc). 

 

  • Conditions 
      1. By participating in the Competition, you represent, warrant and undertake that:
        1. you are at least eighteen (18) years old and are ordinarily resident in Singapore; 
        2. you and your immediate family members are not employed by Lion City Sailors or its associated promotional partners, companies or suppliers; and
        3. you will comply with all applicable laws when participating in the Competition.
      2. By participating in the Competition, you acknowledge and agree that:
        1. the Competition is deemed void to the extent prohibited by applicable laws; 
        2. entries to the Competition are deemed void if Lion City Sailors determine (in its sole discretion) that such entries are illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft;
        3. the decisions of Lion City Sailors are final and binding with respect to all matters relating to the Competition (including, but not limited to, selection of the winner of the Prize);
        4. the Prize is non-transferable and non-exchangeable for cash or any other prizes;
        5. you grant Lion City Sailors a non‐exclusive, royalty‐free, transferable, sub-licensable, irrevocable, perpetual worldwide licence and right to use (including commercial use), distribute, reproduce, display and otherwise make available any content that you provide in connection with the Competition (including, but not limited to, your entry as well as your name, likeness and/or voice) (“Provided Materials”), and Lion City Sailors may use your Provided Materials in any publicity or advertising relating to the Competition or future competitions held by Lion City Sailors without compensation or approval (subject to applicable law);
        6. the Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc. and its affiliates, and you agree to completely release Facebook, Inc and its affiliates from any and all liability in connection with the Competition; 
        7. you may be required to provide and/or sign additional documents and forms prior to your receipt of the Prize, and elements of the Prize (including flights, hotels and other transport legs will be subject to the terms and conditions of third party service providers); and 
        8. you agree to use, and assist with the transport of, game-day fan equipment such as drums, drum sticks and flags (further details will be conveyed to prizewinners separately). 

 

  • Changes to / cancellation of Competition
      1. Lion City Sailors reserve the right to (in its sole discretion): (a) amend or vary any term of the Competition, or suspend or cancel the Competition at any time, including, but not limited to, where for any reason the Competition is not capable of running as planned, due to any causes beyond the control of Lion City Sailors that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Competition (including, but not limited to, any changes to the dates, time or location of the ACL Fixture); and (b) suspend or disqualify your participation in the Competition at any time, including, but not limited to, where you breach any of the provisions of these Terms or the Policies or where your participation in the Competition is deemed by Lion City Sailors to be inappropriate, unsuitable or detrimental to Lion City Sailors.
      2. For the avoidance of doubt, cancellation, termination or suspension by Lion City Sailors of the Competition shall not entitle any party to any claim or compensation against Lion City Sailors for any and all losses or damage suffered or incurred as a direct or indirect result of the act of cancellation, termination or suspension of the Competition.

 

  • Data Protection 
      1. By participating in the Competition, you are deemed to have consented to: (i) the collection, use and disclosure of his/her name, image, voice and/or likeness by Lion City Sailors for editorial, advertising, competitional, marketing and/or other purposes without any payment and/or compensation except where prohibited by law; and (ii) receiving competitional, marketing and other publicity information from Lion City Sailors from time to time. 
      2. Please also refer to Lion City Sailors’ Privacy Policy (available here). By participating in the Competition, you consent to Lion City Sailors’ collection, use, disclosure and/or processing of your personal data as described in the Privacy Policy.

 

  • Disclaimers
      1. To the maximum extent permitted by applicable law, the Competition (and any systems used to provide the Competition) is provided “as is” and without any warranties, claims or representations made by Lion City Sailors of any kind either express, implied or statutory with respect to the Competition, including without limitation warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance or trade usage. Without limiting the foregoing, Lion City Sailors do not warrant that the Competition (and any systems used to provide the Competition) will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that they are free of harmful code.  You acknowledge that the entire risk arising out of your participation in the Competition (and use of any systems used to provide the Competition) remains with you to the maximum extent permitted by applicable law.
      2. Lion City Sailors do not assume any responsibility or liability whatsoever for any Losses resulting from (i) any errors in communication associated with the Competition, (ii) any problems with the Prize; and (iii) any use of the Prize.

 

  • Indemnity; Liability
      1. To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Lion City Sailors and its affiliates and their respective officers, directors, employees, subcontractors and agents) from and against any and all Losses, whether foreseeable or not, directly resulting from any third party claims, investigations, legal or administrative action, litigation or arbitrations or demands to the extent arising out of or relating to: (a) any actual breach of any of your representations, warranties, covenants, or obligations under these Terms; and (b) any breach of any third party’s rights.
      2. To the maximum extent permitted by applicable law, under no circumstances shall Lion City Sailors be liable to you for any losses, liabilities, damages, fines, judgments, settlements, costs, expenses, and fees (including reasonable and justified attorney’s fees), including, but not limited to: (a) indirect, incidental, consequential, punitive or special damages whatsoever; or (b) loss of profits, loss of business, loss of opportunity or loss of goodwill, whether foreseeable or not, arising out of or related to this terms of service, regardless of the forum and regardless of whether based on breach of contract, tort (including, without limitation, negligence), misrepresentation, under statute or otherwise (“Losses”). Your only right with respect to any problems or dissatisfaction with the Competition is to discontinue participation in the Competition. If, notwithstanding the preceding sentence, Lion City Sailors is found by a court of competent jurisdiction to be liable for any Losses, Lion City Sailors’ total liability to you or any third party is limited to SGD 100 (one hundred Singapore dollars).

 

  • Other
    1. Lion City Sailors may revise and update these Terms at any time in its sole discretion by posting an updated version. It is your responsibility to check regularly to make note of any changes. All such changes to these Terms are effective immediately when posted and apply to your participation in the Competition thereafter. Your continued participation in the Competition following the posting of such revised Terms constitutes your acceptance and agreement to the changes which are binding on you.
    2. These Terms and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of Singapore.
    3. You shall do all things necessary, including executing all documents necessary, to give effect to the intention of the parties under these Terms. 
    4. Failure by Lion City Sailors to enforce any of their rights at any stage under these Terms does not constitute a waiver of those rights.
    5. Any dispute, controversy, difference or claim arising under or relating to these Terms shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this Clause. The seat of the arbitration shall be Singapore. This arbitration agreement shall be governed by Singapore law. The Tribunal shall consist of three (3) arbitrators and the language of the arbitration shall be English. 
    6. A person who is not a party to these Terms shall have no rights under the Contracts (Rights of Third Parties) Act (Cap 53B) to enforce these Terms.