Nordeus Terms and Conditions – Design The Jersey Competition

Valid from 31 January 2018

Terms and Conditions for Top Eleven Design The Jersey Competition

The Nordeus Top Eleven Jersey Design Competition is administered by Nordeus Limited (“we”, “us”, “Nordeus” or “Top Eleven”).

  1. To enter the Competition, you are invited to submit an original football jersey as designed by you to us an “Entry”.
  2. Where you submit an Entry, you are signalling your full acceptance of these terms and conditions and your willingness to be bound by them. If you do not accept these terms and condition, please do not submit an Entry.
  3. Employees of Nordeus and its associated companies and their immediate family members are prohibited from entering the Competition. No purchase is necessary to enter the Competition and there is no fee associated with entering.
  4. Entries must be submitted via the comments section of the corresponding Design The Jersey post on the official Top Eleven – Be A Football Manager Facebook Page.
  5. Top Eleven will choose the winners at their discretion.
  6. Please note that by submitting an Entry, you will be subject to the terms and conditions of Facebook (available at www.facebook.com) if your Entry is included on the Shortlist and by submitting an Entry you warrant that your Entry is in compliance with these terms.
  7. Entries received after the stated closing date [written within the copy of the post] will not be accepted and will not be eligible. There may be one or more winning Entries. The winning entrant(s) will be notified on the Top Eleven Facebook page website within 10 days of the competition concluding.
  8. The winning Entries will be edited and re-worked by the Top Eleven team as we see fit and in a form which allows the winning Entries to become a part of our Top Eleven game. These jerseys will then be made available for selection as a team jersey via the Top Eleven game. In addition we reserve the right to make the winning Entries available for purchase via the Club Shop of Top Eleven. All proceeds from such purchase will go directly to Top Eleven.
  9. By submitting an Entry, you hereby warrant and represent that the Entry meets the following Entry requirements:
    1. The Entry is not sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, and does not contain nudity;
    2. The Entry does not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; 
    3. The Entry is not obscene or offensive, in poor taste and does not endorse any form of hate or hate group;
    4. The Entry does not defame, misrepresent or contain disparaging remarks about Nordeus or its products, or other people or products; 
    5. The Entry does not contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without written permission, and does not contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; 
    6. The Entry does not contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media or musical material) without written permission; 
    7. The Entry does not contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the entrant, without written permission; and
    8. The Entry does not depict, and is not itself in, violation of any law or regulation.
  10. Each Entry submitted must be the original creation and work of the entrant, in its entirety. By submitting an Entry, you are warranting to us that you are the original creator of the Entry, that you have the sole right to submit the Entry to us and that you are the sole owner of all intellectual property rights in the Entry.
  11. By entering the Competition and submitting an Entry you grant to Nordeus, its representative and agents a worldwide, irrevocable, transferable, unencumbered, royalty-free, fully paid up, non-exclusive license under all of the intellectual property rights in your Entry (as defined below) to: review, assess, test, evaluate, analyse or otherwise consider your Entry and any other information provided by you for the Competition; and use, make, reproduce and have reproduced all or any part of the Entry. The above licence shall remain in effect for the duration of your participation and involvement in the Competition and shall automatically terminate two months after the end of your involvement in the Competition. Notwithstanding the foregoing licence (and other than with respect to the transfer of all intellectual property rights in the winning Entry/Entries by the winning entrant(s) to Nordeus, on the terms described at clause 12 below), you retain ownership of all of your intellectual property rights in your Entry.
  12. At Nordeus’s option, in consideration of entry into the Competition, the winning entrant(s) shall irrevocably transfer, convey and assign to Nordeus (or such party that Nordeus may direct) all right, title and interest in and to the winning Entry/Entries and all intellectual property rights therein (excluding moral rights).  The winning entrant(s) further agree to waive all moral rights relating thereto and agree to execute all documents and perform all acts deemed necessary by Nordeus to apply for, register, perfect and record such transfer and assignment and/or waivers. In these terms and conditions “intellectual property rights” means any and all tangible and intangible: (i) copyrights and other rights associated with works of authorship throughout the world, including but not limited to copyrights, neighbouring rights, moral rights, mask works and all derivative works thereof; (ii) trade mark and trade name rights and similar rights; (iii) trade secret rights; (iv) patents, designs, algorithms, utility models and other industrial property rights and all improvements thereto; (v) all other intellectual and industrial property rights (of every kind and nature throughout the world and however designated) whether arising by operation of law, contract, license or otherwise; and (vi) all registrations, applications, renewals, extensions, continuations, divisions, or reissues thereof now or hereafter in force (including any rights in any of the foregoing).
  13. You waive all claims to and shall receive no royalties of any kind, whether now or in the future, from Nordeus, its affiliates, licensees, successors and assignees for use of your Entry, including, without limitation, intellectual property, public performance, digital sound recording, mechanical, synchronization or master use royalties.  
  14. No Entry will be received or held “in confidence” and under no circumstance will your Entry create a confidential relationship or obligation of secrecy between you and Nordeus.  
  15. You recognize that other persons or entities may have provided Nordeus or others, or made public, or may in the future submit, or make public, materials that are the same or similar to your Entry.
  16. You acknowledge and agree that Nordeus shall have the right to use such same or similar materials as your Entry, and that you will not be entitled to any compensation arising from Nordeus’s use of such materials.  
  17. In the event that your Entry is identical or similar to the Entry of another entrant, we reserve the right to score one Entry higher than the other subject to the judging criteria.
  18. By entering the Competition, each entrant agrees that the Entry submitted does not and will not violate any law or infringe the rights of any third party, including without limitation, any intellectual property rights. Where the entrant breaches this clause, the entrant agrees to indemnify and keep Nordeus fully indemnified from and against any claim, loss or liability including reasonable legal fees arising out of the breach of this clause.
  19. The entrant acknowledges that their Entry may be used for promotional purposes in any media, worldwide, without further payment or consideration.
  20. By making any Entry, the entrant is warranting that they are over the age of 18.
  21. Nordeus shall have the right to edit or alter any Entry received in any way it sees fit.
  22. Entrants acknowledge that entering the Competition may involve uploading their Entry onto a publicly available website (as part of the Shortlist or otherwise) and that their Entry will be made available for public viewing.
  23. Entries from agents, third parties or Entries automatically generated by computer will not be accepted.
  24. Only one Entry is permitted per person.
  25. Nordeus reserves the right to reject any Entry which is not in full accordance with these terms.
  26. Nordeus has the exclusive right to choose the winning Entries. All decisions are final and no correspondence will be entered into.
  27. If Nordeus deems that not enough Entries have been submitted which meet the requisite standard, Nordeus reserves the right to cancel the Competition or reschedule it for a later date. 
  28. Nordeus accepts no responsibility for Entries which are lost, delayed or damaged in the course of transmission or submission. Nordeus is not responsible for any technical issues that may affect your Entry. Proof of sending your Entry to us is not proof of receipt of your Entry by us.
  29. To the maximum extent permitted by applicable law, Nordeus shall not be liable to the entrants, winners/and or persons featured in their Entries for any loss or damage howsoever caused arising out of or in connection with the Competition. 
  30. The Competition is in no way sponsored, endorsed or administered by, or associated with Facebook (or any other third party social media platform). All Entries may be subject to terms of use of Facebook which can be found at www.facebook.com.
  31. Personal information collected in the course of the Competition may be used for administration and marketing of the Competition.
  32. We reserve the right to cancel the Competition any time or amend these terms and conditions, at any stage of the Competition.
  33. Any failure by us to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision and shall not be deemed to be a waiver of any such term or condition hereunder, or a subsequent breach of such term or condition.
  34. To the fullest extent that may be excluded by law, Nordeus accepts no responsibility for, or liability arising from, entrants taking part in the Competition and all activities associated with the Competition are undertaken at the entrants’ risk.
  35. The Competition, these terms and conditions and any prizes awarded are subject to the laws of the Ireland. Participants agree to submit to the exclusive jurisdiction of the courts of Ireland in regard to any claim or dispute with respect to any aspect of the Competition and these terms and conditions.
  36. The promoter of this Competition is Nordeus Limited. The registered office of Nordeus Limited it located at 53 Merrion Square, Dublin 2, Ireland. We can be contacted at community@nordeus.com.