Full T&C's

The Organizer of this prize competition is Kendal Mountain Events, Ltd, co reg no 09400147 with its registered office and principal place of business at Riverside Centre, Yard 39, Highgate, Kendal, Cumbria LA9 4ED. Who is responsible for facilitating entries and paying the prize money of £300 (three hundred pounds sterling).The winning design will be produced by ORIGINAL BUFF, SA, Spanish company, with headquarters at C/França, 16, 08700 Igualada ( Barcelona) Spain, designer, manufacturer and seller worldwide of BUFF® products and trademark owner of the BUFF® brand.The Prize competition promotes the BUFF® products.

The competition is free to enter and no purchase is necessary

The contest is not open to employees of the Organizer nor of BUFF® or its subsidiaries or affiliates, as well as the immediate family (defined as parents, siblings, children and spouses, regardless of where they live) or households (whether or not related) of such employees, representatives and agents and anyone otherwise connected with the operation or fulfillment of the contest, are not eligible to participate in the Promotion. Any illegible entries will be held void.

The Competition will open to entries on 30/06/2022 at 12:00 GMT and end on 25/08/2022 at 23:59 GMT. Entries will be accepted from across the globe.

Each unique design shall constitute one entry into the competition. Designs can be submitted via the form on the official competition web page, located at https://www.kendalmountainfestival.com/competitions/festival-buff-design-comp-22-comp-landing-page/

The design needs to be a seamless design, i.e. one continuous pattern. Please produce and upload the design file in a vector format (.ai .eps .pdf) if this is not possible please upload a format that is accessible to you. Please don't put any dates on your design. A template containing full dimensions is available for download on the official competition web page.

Every year Kendal Mountain Festival select a Festival ‘theme’, this theme will then be woven into events throughout the Festival. This year's theme is 'Solidarity'. The incorporation of the theme in the design will be one of the factors considered when shortlisting entries.

Entrant must be the legitimate author of the design submitted.

Any attempt or suspected attempt to use robotic, automatic, programmed, or otherwise illicit means to enter the Prize competition, or any other methods not authorized by these Prize competition Rules, for example, but not limited to, creating multiple email accounts, identities, or registrations, all in the Promoter’s sole discretion, shall be deemed as tampering and may disqualify you from entering, participating and/or winning a prize.

Entries that contain false or incomplete information are void. Entries that are late, lost, stolen, illegible, contain false information, are damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular or that do not conform with or satisfy any or all of the conditions of the Prize competition Rules are void. Promoter reserves the right in its sole and unfettered discretion to disqualify at any time any Entry containing obscene, offensive, pornographic or sexually explicit material, or libelous, disparaging, infringing or other inappropriate content or subject matter (as determined by Promoter in its sole discretion)

No correspondence will be entered into except with winner Entrant. Proof of transmission (for example, screenshots or captures) does not constitute proof of entry or receipt of an entry.

Entry is limited to original designs (works) that have not formerly been shared, displayed or exhibited anywhere and in particular in other social media channels.

Each entrant, by accepting these terms and conditions and by entering this Prize competition, represents and warrants that he/she is the legitimate author of the design submitted; he/she owns all right, title and interest in and to the design, including all patent, copyright, trademark, service mark, mark, moral right, trade secret or other intellectual property or proprietary right, and such design is not defamatory, libellous, obscene, or otherwise illegal; he/she is able to consent in favor of the Organizer and ORIGINAL BUFF’SA ’s Group of Companies in non - exclusivity basis to publish and marketing and sell the design worldwide and in perpetuity, royalty-free, and he/she is not under any existing obligation that would prevent entrant from give such consent; and he/she has received the written consent of any person (or parent or legal guardian if such person is a minor) who appears or is identifiable in the design.

If an entrant appears or is identifiable in his/her submitted design , such entrant consents, by virtue of submitting his/her Entry to the Prize competition , to Organizer’s and ORIGINAL BUFF, SA’s Group of Companies use of the entrant’s name, likeness, or image, for the purpose of this Prize competition in any media, without compensation or additional consideration to entrant.

Failure to obtain or provide such consent will disqualify the Entry.

Organizer may at any time during the Prize competition request proof of authorship and of such consent and disqualify any Entry for which such proof cannot be provided.

Organizer may disqualify any entrant whose Entry Organizer determines, in its sole discretion, at any time does not comply with any requirement described in these Official Rules or the foregoing representations and warranties.

Entrants agree to indemnify and hold harmless Organizer, the Prize Providers/ ORIGINAL BUFF, SA and its Company Gropup, any person or any entity involved in any aspect of the Prize competition (including administration), and each of their respective parents, subsidiaries, affiliates, advisors, contractors, and advertising/promotion agencies (collectively, the “Released Parties”), for any action or claim brought by a person whose consent entrant did not obtain.

The Organizer does not claim any rights of ownership in competition entries, nor in the winning entry.

The Prize for the winning entry is £300 (three hundred pound sterling) paid by Kendal Mountain Events Limited, and the mass production of the winning design onto a BUFF® neckwear product. The winning design will be produced by ORIGINAL BUFF, SA, Spanish company, with headquarters at C/França, 16, 08700 Igualada ( Barcelona) Spain, designer, manufacturer and seller worldwide of BUFF® products and trademark owner of the BUFF® brand

The total number of winners awarded in the Prize competition is 1 (One)

Prize is for the winner Entrant.

The winner assumes any and all liability for any injury or damage caused, or claimed to be caused, by entering, participating in this Prize competition.

Prize is subject to change without notice. Prize is personal, non-exchangeable, non-transferable and non-refundable. No cash alternative is available. Organizer reserves the right to substitute an alternate prize of equal or greater value if an advertised prize is unavailable at the time of award.

In the event of conflict with the laws and regulations of a country, such as tax regulations or other restrictions beyond the Organizer's control, the prize may be undeliverable to the winner. In this case, Organizer may offer an alternative prize of equal or higher monetary value.

To the extent not prohibited under applicable mandatory law, you will be solely responsible for all applicable taxes relating to your receipt and/or use of the prize, if applicable. The Organizer will give notifications to tax authorities and pay any taxes that it is obliged to pay in accordance with applicable mandatory law if applicable. IF TAXES ARE APPLICABLE TO THE PRIZE, IT IS THE RESPONSIBILITY OF THE WINNER TO PAY TO THE APPROPRIATE AUTHORITIES. DELIVERY OF THE PRIZE TO THE WINNER IS SUBJECT TO THE EXPRESS REQUIREMENT THAT THE WINNER SUBMITS TO PROMOTER ALL DOCUMENTATION REQUESTED BY PROMOTER TO PERMIT COMPLIANCE WITH ALL APPLICABLE STATE, FEDERAL, LOCALAND FOREIGN (INCLUDING PROVINCIAL) TAX REPORTING AND WITHHOLDING REQUIREMENTS. The winner is responsible for ensuring that the tax documentation submitted to Promoter complies with all applicable tax laws and requirements. If a winner fails to provide the documentation or submits incomplete documentation, the prize may be forfeited and Promoter may, in its sole discretion, select an alternate winner or declare the Prize Unclaimed.

Unless otherwise provided under applicable mandatory law or expressly stated in writing in connection with the distribution of the prize, the prize is awarded on an "as is" basis and the Promoter, nor any of its affiliates, makes any representations or warranties of any nature with respect to the prize.

The entries will be shortlisted and the winner will be selected by the creative team at Kendal Mountain Events and BUFF®, on the basis of creativity and relevance to the theme set.

The entries will be shortlisted and the winner will be selected by the creative team at Kendal Mountain Events and BUFF®, on the basis of creativity and relevance to the theme set.

The decision will be final and cannot be appealed.

If a winner cannot be reached within 4 business days as of the date on which the Organizer first attempted to reach the winner, the initial winner will be considered to have forfeited their right to the prize and the Organizer is entitled to select another winner or to consider the prize unclaimed. The Organizer’s decision(s) are final and cannot be appealed.

Each Selected winner may be required to provide proof of authorship of the design.

If a winner is found to be disqualified after the prize is awarded, the award might be revoked, and the entrant requested to return the prize.

Entries that in the judgment of the Promoter do not conform to these terms and conditions will be disqualified. Entrants will not be notified in this event.

The winner will be notified within 5 (five) days of the closing date

The winner will be announced publicly on 02/09/2022 via Kendal Mountain Events newsletter and social channels. The announcement date is subject to change.

The Organizer must either publish or make available information that indicates that a valid award took place. To comply with this obligation the Organizer will send the surname and county of the winner and, if applicable copy of the winning entry, to anyone who emails info@mountainfest.co.uk within [one] month after the closing date of the Prize competition. If you object to any or all of your surname, county and winning entry being published or made available, please contact the Organizer at info@mountainfest.co.uk. In such circumstances,the Organizer must still provide the information and winning entry to the Advertising Standards Authority on request.

Personal data submitted by entrants may be processed for purposes of administering the Prize competition, conducting publicity about the Prize competition as set forth in paragraph “ Publicity and Entrant Information”, additional purposes consistent with the Prize competition goals. Organizer will share Entrants’ personal data information with third parties that have a need to know, such as third parties Organizer retains to assist in administering the Prize competition, that will act as Data processors, Any personal data submitted in connection with this Prize competition will be treated in accordance with Organizer’s privacy notice, located at www.kendalmountainfestival.com/privacy-policy and with accordance with ORIGINAL BUFF, SA’ privacy notice located at / www.buff.com/gb/privacy-policy/

The Organizer reserves the right to terminate or amend this Prize competition at any time and in any way, without prior notice to entrants. Without limiting the foregoing, if, for any reason, the Prize competition is not capable of running as originally planned for any reason, including Force Majeure, the Promoter reserves the right to cancel the Prize competition.

By participating in the Prize competition, entrants, without further notice or compensation, consent to the use of 1) their name, email address (only entrants), address ( only the winner), for the administration of the Prize competition; 2) to the use of their name, design for any publicity carried out by the Organizer or BUFF®, 3) (only winner), his/her image, whether on videotape, photograph or any other means for any publicity carried out by the Promoter/ BUFF®.

The Organizer reserves the right to publish entries to its public social networking service accounts, website and blog throughout the submission period and after to publicize the Prize competition.With the objective of publicizing the Prize competition, the Organizer reserves in perpetuity worldwide the non-exclusive right to share, publish, reproduce, make public, publicly transmit, display, print, distribute, adapt the design created by the entries or the winning entry with labels indicating them as entries or winning entry of the Prize competition and the credit titles, without further compensation on websites and public social networking service accounts.You agree that the Organizer may, but is not required to, make your entry available on its website and any other media, whether now known or invented in the future, and in connection with any publicity of the competition. You agree to grant the Organizer a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in the competition entry and any accompanying materials, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the design created by you, the competition entry and any accompanying materials for such purposes.

Within the limits imposed by law, Organizer reserves the right, in its sole discretion, to change these Official Rules or cancel the Prize competition at any time, or to modify, terminate, or suspend the Prize competition should viruses, worms, bugs, unauthorized human intervention, or other causes beyond Promoter’s control corrupt or impair the administration, security, fairness, or proper play of the Prize competition or submission of Entries.Organizer is not responsible for any human or other error that may occur in the processing of the Entries, nor is it responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction, or unauthorized access to, or alteration of, Entries, or for technical, network,telephone, computer, hardware or software, malfunctions of any kind, or in accurate transmission of,or failure to receive any entry information on account of technical problems or traffic congestion on the Internet or at any Web site. Organizer r is not responsible for injury or damage to any entrant’s or any other computer resulting from downloading any materials in connection with the Prize competition.

Insofar as is permitted by law, the Organizer, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of the Organizer, its agents or distributors or that of their employees. Your statutory rights are not affected.The winner confirms (i) compliance with the Prize competition Rules; (ii) agree to accept the prize as awarded; (iii) release, discharge and hold harmless the Organizer , its departments and agencies, parent, related and affiliated companies, subsidiaries, franchisees, advertising and promotional agencies, counsel, marketing partners, sponsors and all others associated with the administration, development and execution of the Prize competition ("Released Parties") from and against any and all manner of action, cause of action, claim or demand, loss or injury, use or misuse of a prize or any travel related thereto, and the use of the Entry by the Organizer and BUFF®, suit, debt, covenant,contract,including legal fees and expenses,whatsoever,including but not limited to, claims based on negligence,breach of contract and fundamental breach, failure of any third party contractor or supplier used in connection with any aspect of the Prize competition to perform or deliver any goods or services, any act of God or any other event beyond the Released Parties’ control, any dissatisfaction of any kind by a winner with any aspect of the Prize competition or any prize, liability for physical injury, death, or property damage that the entrants, guests,their heirs, successors or assigns have,might have or could have suffered, by reason of or arising out of the entrant’s participation in the Prize competition and/or in connection with the acceptance and/or exercise by the entrant of the Prize as awarded; and (iv) indemnify the Released Parties against any loss, damage or expense, including legal fees that any of the Released Parties may suffer or incur as a result of any non-compliance by an entrant with any of the Prize competition Rules or participation in the Prize competition and/or in connection with the acceptance and/or exercise by an entrant of a prize and the use of the Entry by Promoter.The Promoter is not responsible for: (i) incorrect or inaccurate entry information that may affect a person’s ability to participate in the Prize competition or be

awarded a prize, including but not limited to human error, technical malfunctions, lost or delayed entries for any reason, mail failures, omission, or any combination thereof, and entries that fail to fully comply with these Prize competition Rules; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) lost, incomplete, delayed, mutilate dormis directed entries or Winner Releases; (iv) injury or damage to entrants’ computers or to any other individual’s computer related to or resulting from participating in, or downloading any material regarding the Prize competition or accepting a prize; (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Prize competition or receipt or use or misuse of any prize, including any related travel and the use of entries by Promoter; (vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third-party computer hackers or otherwise; or (vii) late, lost, misdirected or unsuccessful efforts to notify a potential winner.

The prize competition will be governed by [English law] and entrants to the prize competition submit to the jurisdiction of the English courts.

© Kendal Mountain Festival 2024
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