Terms & Conditions
Think Fashion Discovery sounds up your business's street? If so, keep reading! There are some seriously exciting prizes up for grabs but before you start your business’s application, please read these Ts&Cs carefully to check if your business is eligible and to understand the process. They are designed to ensure you are clear on how to apply and enter your business, what our judges and panellists will be looking for at each stage, and the prizes on offer. If you still have any questions please contact email@example.com. By entering the Competition, you confirm on behalf of your Business that you have read and that your Business agrees to these Ts&Cs. See full terms and conditions here.
- WHAT IS THE PURPOSE OF THE COMPETITION?
ASOS has a long history of supporting entrepreneurial design talent. With Fashion Discovery (the “Competition”), we’re looking to identify and nurture two emerging brands which display originality, commerciality, personality and entrepreneurial flair. In addition, the public is also going to be able to pick their own favourite whose collection will be sold on ASOS.com. See section J below for full prize details.
- WHO CAN ENTER?
This Competition is only open to UK-based businesses (sole traders, partnerships and companies) (“Businesses”), that –
· have been trading for less than 5 years as at 4 September 2017; and
· operate a fashion brand (e.g. menswear, womenswear, unisexwear, accessories, footwear and/or jewellery), beauty brand or a homeware brand (“Brand”). All other product extensions will not be taken into account for the purposes of this Competition; and
· sell new (i.e. not vintage or second-hand) and original fashion, beauty or homeware products.
To make sure the Competition is conducted fairly, we cannot accept applications from Businesses which are (or become during the application process) professionally connected to ASOS or a Competition judge (either directly or indirectly). This means that the following are excluded:
· Businesses where a director or member of senior management (which will include all Representatives and Key Individuals – see section C below) is -
o an employee, director, consultant/advisor, or contractor of/to a business within the ASOS Group, or is directly involved in the Competition (including judges);
o a husband/wife/partner or family member of the same household of - (i) a member of senior management of a business within the ASOS Group (i.e. Heads Of or above, including Board Members); and/or (ii) anyone directly involved in the Competition (including judges); and
· Businesses that are professionally connected to a Competition judge, i.e. the Competition judge, or a close family member (husband, wife, partner, mother, father, brother, sister, son, or daughter) of the Competition judge, is an employee, director, member of senior management, consultant, contractor, advisor to, or investor in, the Business; and
· Current suppliers of ASOS.com (branded and ASOS own-brand).
Subject to this, all other Businesses are welcome to enter, including Businesses listed on ASOS Marketplace (a separate platform to ASOS.com, where independent third party boutiques sell direct to customers). Our aim is to ensure that all applications are treated as fairly as possible, so that no entrants are unfairly advantaged.
- BUSINESS REPRESENTATIVE AND KEY INDIVIDUALS
Each Business must nominate:
· a representative to enter the Competition on its behalf (the “Representative”). References in these Ts&Cs to “You” are directed to the Representative; and
· two key individuals (one of whom would normally be the Representative) to represent the Business if it is Shortlisted – including appearing in the Stage 3 photo/video shoots, panel session and (if selected as a Winner and/or the People’s Pick) attending the Winners' Ceremony (“Key Individuals”). If a Business is a sole trader and only has one key individual, this will be acceptable. If it is impossible for a Key Individual to attend one of these events they should give ASOS as much notice as possible, but ultimately (and to keep the Competition fair) ASOS reserves the right to disqualify the Business in its reasonable discretion.
All Representatives and Key Individuals must be members of senior management and/or directors of the Business (remember if a Business is a sole trader and only has one key individual, this will be acceptable), have full authority to represent and bind the Business, be over the age of 18, and be a resident of the UK. An individual can only be appointed as a Representative and/or Key Individual for one Business.
- CAN A BUSINESS SUBMIT MORE THAN ONE APPLICATION?
No – we can only accept one application per Business. If Your Business applied last time, and it’s still eligible under these terms and conditions, feel free to apply again this time. If we receive more than one application for a Business we will get in touch with You by email and You will have 24 hours to
confirm which of Your Business's applications we should consider. Failure to do so may mean we need to reject all such applications or select one at random.
If Your Business operates multiple Brands, it must select one Brand to enter (have a read through these Ts&Cs to decide which is most appropriate!).
- DO BUSINESSES NEED TO PAY TO ENTER THE COMPETITION?
- Entry into the Competition is free, there is no requirement to purchase or pay anything.
- WHAT ARE THE KEY COMPETITION DATES?
Who it applies to
Closing date for Stage 1 applications (You must have received a confirmation of submission email before the deadline)
30 October 2017 (08:00 GMT)
Stage 1 entrants
ASOS to confirm to entrants whether they have made it to the "Longlist". This is a list of up to 75 Businesses who have made it past Stage 1.
By 27 November 2017 (08:00 GMT)
Opening date for submission of Stage 2 additional information
27 November 2017
16 January 2018 - London
18 January 2018 - Manchester
New extended closing date for submission of Stage 2 additional information
21 December 2017 (08:00 GMT)
ASOS to confirm to Longlist whether they have made it to the Shortlist
By 20 January 2018 (08:00 GMT)
Photography shoot at Shortlists’ offices (or another Central London location (attended by Key Individuals)
22 January 2018 – 9 February 2018
Photo and video shoot at Central London location
5 February 2018 – 23 February 2018
Shortlist announced to public and public voting opens for winner of the People’s Pick Competition.
We’ve experienced a few technical hiccups, which means we had to delay voting from 8am BST on Monday 16 April to 10am BST on Tuesday 17 April.
17 April 2018 (10:00 BST)
Key Individuals of Shortlist to attend ASOS HQ (or another Central London location) for panel session
30 April 2018 - 4 May 2018
Public voting closes for winner of the People’s Pick Competition
1 May 2018 (10:00 BST)
ASOS to confirm to Shortlist whether they are the winner of the People’s Pick Competition (“People’s Pick”)
By 10 May 2018
ASOS to confirm to Shortlist whether they are Winners
By 10 May 2018
Key Individuals of Winners to attend Winner’s ceremony
TBC (likely between 7 May 2018 - 11 May 2018)
- WHAT IS THE APPLICATION PROCESS?
As seen above, the Competition is divided into 3 stages. This section of the Ts&Cs provides further details on how to submit Your Business's application, the information we will require at each stage, how we will communicate with You, and the key dates. Failure to comply with all of these requirements and requirements in the application form, as well as the dates in the above table, may invalidate Your Business's application. All dates are subject to change at ASOS' reasonable discretion.
(a) Stage 1
The Representative will need to complete and submit the application form on the Fashion Discovery website at www.asosfashiondiscovery.com on behalf of their Business, and have received a confirmation of submission email, by the Stage 1 closing date of 30 October 2017 (08:00 GMT).
This stage of the application form needs to be completed in one go so make sure you have time to complete it correctly. Please bear in mind that:
· Your Business's application will only be entered into the Competition when You click “Submit” and You receive a confirmation of submission email; and
· once You have submitted Your Business's application, the application cannot be amended or updated any further.
As the Representative, it is Your responsibility to keep all contact details valid/up-to-date, as we will use them to update Your Business on the Competition.
Our Stage 1 judges want to get to know Your Business and its Brand (remember that Your Business's application can only relate to one Brand – see section D above). Make sure You comply with all the instructions in the application form (including word/page/line lengths and format requirements) and answer all the questions. Please don’t send any documents or samples by post – they will not be accepted or returned.
Just a reminder - when filling out the application form, please focus on fashion, beauty or homeware products sold under the Brand which is the subject of Your Business's application. Information relating to other products or different Brands will not be taken into account for this Competition.
(b) Confirming the Longlist
After Stage 1 closes, our judges will select up to 75 Businesses to go through to Stage 2 and become the “Longlist”, which will comprise a mix of Brands (i.e. menswear, womenswear, unisexwear, accessories, footwear and/or jewellery, beauty, homeware etc.) whose application our judges feel most clearly match the criteria set out in section H below. The judges’ decision will be final and no correspondence will be entered into relating to their decision.
We will contact the Representatives of all Stage 1 entrants by email on or by 27 November 2017, to confirm whether or not they are on the Longlist. If You have not heard from us by 4 December 2017 (08:00 GMT), it means that Your Business has not been selected for the Longlist. Remember to keep all contact details up to date to make sure Your Business doesn’t miss out. If there are any changes to contact details please let us know at firstname.lastname@example.org and include Your Business name.
If Your Business is Longlisted, You must respond to us (in the way and by the date specified in our confirmation email), to confirm Your Business's acceptance to proceed to Stage 2. Failure to do so may be taken as Your Business's withdrawal from the Competition and we may not progress Your Business's application to Stage 2.
(c) Stage 2
The Representative of a Longlisted Business will need to complete an additional information form (accessible via a unique link which they will receive by email), by the Stage 2 new extended closing date of 21 December 2017 (08:00 GMT). The Representative should access the form using the unique link in the email.
The Stage 2 additional information form will request much more detailed information about Your Business and Brand. This stage of the application form also needs to be completed in one go so make sure you have time to complete it correctly.
Once again, please make sure You comply with all instructions in the additional information form – in particular, at this Stage certain sections of the form must be completed using specific formats.
Please bear in mind that:
· Your Business's Stage 2 application will only be entered when You click “Submit” and You receive a confirmation of submission email; and
· once You have submitted Your Business's Stage 2 application, the Stage 2 application cannot be amended or updated any further.
(d) Confirming the Shortlist
After Stage 2 closes, our judges will select their top 10 Businesses to go through to Stage 3 and become the “Shortlist”. Their selection criteria will be how closely the application meets the criteria set out in section H below. The judges’ decision will be final and no correspondence will be entered into relating to their decision.
We will contact the Representative of all Longlisted Businesses by email and/or phone by 20 January 2018, to confirm whether or not they are in the Shortlist. If You have not heard from us by 23:59 GMT on 20 January 2018, it means that Your Business has not been selected for the Shortlist.
If Your Business is Shortlisted, You must respond to us (in the way and by the date specified in our confirmation email), to confirm Your Business's acceptance to proceed to Stage 3. Failure to do so may be taken as Your Business's withdrawal from the Competition and we may not progress Your Business's application to Stage 3.
(e) Stage 3
Stage 3 is all about getting to know Your Business and selected Brand even more closely! There will be a few elements including the People’s Pick competition…
The Shortlist will be showcased on the ASOS websites (as well as on other ASOS channels including social at ASOS’ discretion) and third party publisher websites and channels. ASOS will build a profile for each Shortlisted Business which will include a short Business/Brand bio and may also include videos, images (e.g. of Key Individuals and Brand’s fashion collection) and links to the Business/Brand’s website and social pages. By entering this Competition, Your Business licenses and consents to ASOS using and editing Your Business's submitted materials as ASOS deems appropriate in order to create the profile, and licenses and consents to ASOS creating hyperlinks between Your Business's profile and Your Business/Brand’s website and social media pages.
In order to build the profile pages and produce other Competition content, we will organise a meeting and photo/video shoot which may be both in the Shortlisted Business's offices (or another Central London location) and at ASOS HQ (Greater London House, Hampstead Road, London NW1 7FB) between 22 January 2018and 16 February 2018; so please keep this in mind (and ask the Key Individuals to do the same) when organising holidays!
ASOS will retain ownership and editorial control over the content of Your Business/Brand’s profile page and may, at its discretion, decide whether or not to use the content created at the meetings and shoots. See section K(c) below for more information.
People’s Pick competition
At ASOS, we are all about engaging with our customers and this year we are offering the public the chance to vote for their favourite from the Shortlisted Businesses. We will therefore announce the Shortlist to customers on 16 April 2018 and open the voting from 08:00 (BST) on 16 April 2018 to allow them to vote for their favourite of the Shortlisted Businesses who will be the “People’s Pick”. Please note that customer feedback obtained via the People’s Pick competition and the People’s Pick will not determine our Winners, although the panel may in its discretion take it into account (as one of many factors – see section H below). We believe in fair play. Bulk entries and/or votes made from trade, consumer groups, syndicates or third parties will not be accepted and we will not accept cheating in any form including the use of macros or other automated means of entry, masking of identities by manipulating IP addresses, using other identities, paying for or unfairly obtaining votes and any other behaviour that falls outside the spirit of the People’s Pick competition. If we have reasonable grounds to suspect You have cheated or votes for Your Business have been unfairly manipulated or some other form of unfair play by You or on Your behalf, You will be disqualified and the prize will be awarded to the next placed compliant entrant.
If the People’s Pick competition can’t run properly because of fraud, tampering, technical errors or anything else that is beyond our control which affects the running, administration, security or fairness of the People’s Pick competition, we reserve the right to disqualify any person involved. We will also have the right to cancel, modify or suspend the People’s Pick competition, subject to written directions from a regulatory authority.
Subject to written directions from a regulatory authority, if someone or something tampers with the People’s Pick competition in some way whether by fraud, technical failures, system errors or other issues, including any such failure which is within the control of ASOS or its agencies, ASOS and its
agencies will not be responsible for the People’s Pick competition or awarding of the People’s Pick Prize.
Voting will close at 08:00 BST on 30 April 2018. Once the votes have been verified ASOS will contact the Representatives of all Shortlisted Businesses by 4 May 2018 by email and/or phone and/or letter to confirm whether or not their Business is the People’s Pick. ASOS may then announce to the public who has been confirmed and voted as the People’s Pick.
ASOS’ decision will be final and no correspondence will be entered into relating to their decision.
Key Individuals from the Shortlisted Businesses will be required to attend a panel interview (either at ASOS HQ or another Central London location) between 30 April 2018 to 4 May 2018 where You should be prepared to be present/pitch Your Brand to the judging panel. A full briefing will be provided in advance, but Businesses should anticipate bringing along samples of the Brand’s current collection(s) that support the Business's application, such as best-sellers, and key / favourite pieces
(f) Announcing the Winners
At the end of Stage 3, the panel will select two Businesses to be the winners of the Competition (“Winners”). The judges’ decision will be final and no correspondence will be entered into relating to their decision.
We will contact the Representatives of all Shortlisted Businesses by 4 May 2018 by email and/or phone and/or letter to confirm whether or not their Business is a Winner. All Winners and Shortlisted Businesses must keep the outcome of the Competition confidential until the Winners' Ceremony (see section K(a) below).
Our Winners will be announced publicly at a Winners' Ceremony between 7 May 2018 or 11 May 2018 in Central London. Key Individuals from the Winners must be available to attend the Ceremony.
- WHAT WILL OUR JUDGES BE LOOKING FOR?
In all 3 stages of the Competition, our judges will be looking for Businesses and their Brand that:
· are appropriate for the ASOS website – e.g. in terms of their values, relevance to 20-somethings and price point;
· have a strong, high-quality online and social presence;
· display originality, commerciality, personality and entrepreneurial flair – not only in their Competition application, but also in their fashion collection, marketing content, and day-to-day;
· have credible distribution channels and ability to
· show commercial strength, viability and an appreciation of risk management;
· have a good understanding of how marketing and PR can build their business; and
· can demonstrate that they will use the Prize to grow their Brand.
As noted above, our panel may also take into account customer feedback on the final Shortlist, although this will not itself determine our Winners.
- WHO ARE THE JUDGES / PANELLISTS AT EACH STAGE?
At Stage 1 our judges will consist of senior representatives of the ASOS Retail and Fashion teams.
At Stage 2, ASOS Retail and Fashion judges will be joined by representatives from other ASOS business functions including Finance, Legal, Sourcing and Marketing.
At Stage 3, the judging panel will consist of:
· Jo Hunt (Womenswear, Head of Buying);
· John Mooney – Creative director, menswear and production at ASOS;
· Nick Beighton – CEO at ASOS;
· Hilary Riva OBE – Non-executive director of ASOS Plc and former CEO of the British Fashion Council;
· Gemma Shiel, Founder of Lazy Oaf;
· Susie Lau, Founder of Susie Bubble;
· Laura Jackson - Presenter and author;
· Katie Baron, Journalist & Creative Consultant , Stylus; and
· Elgar Johnson, Fashion Director at GQ Style
At each stage, the judges/panel will also include at least one individual who is independent from ASOS, whose name will be available on request by sending an email to email@example.com with “Fashion Discovery Competition Independent Judge” in the subject line (the email address will close two months after the Winners' Ceremony).
- WHAT IS THE PRIZE?
The People’s Pick will win the following prize (“People’s Prize”):
· An edit of their Brand’s collections to be sold on ASOS.com (and local language sites at ASOS’ discretion) for one season (once ASOS decides in its sole discretion that such collection is ready to be sold online).
· If the People’s Pick is also one of the Winners, the People’s Prize will instead be £10,000 cash to be used to help the People’s Pick grow the Brand (in addition to the Prize (as defined below)).
The two Winners will each win the following prize (“Prize”):
· £50,000 cash to be used to help each Winner grow its Brand;
· An edit of their Brand’s collections to be sold on ASOS.com (and local language sites at ASOS’ discretion) for two consecutive seasons starting once ASOS decides in its sole discretion that such collections are ready to be sold online;
· 50 hours of mentoring split across up to 5 business functions: Retail, Marketing, Finance, Legal and Sourcing;
· Editorial coverage on ASOS channels; and
· ASOS to create a digital fashion look book.
The Winners accept that the extent of all non-financial support, editorial coverage and mentoring support is at ASOS's reasonable discretion and subject to availability. All such assistance must be used within the first 12 months of the Winners' Ceremony.
It’s clearly imperative that our Winners and their collections maintain the same amazing standards throughout the period of them being sold on the ASOS site, as at the date of their winning entries. As a result, if the Key Individuals or key designers leave the Business, the Business must notify ASOS and ASOS reserves the right to reduce the promotion given to those collections.
- KEY CONDITIONS OF ENTRY
Please bear in mind the following key conditions which may affect Your Business's decision to enter the Competition:
(a) Legal documents
By entering the Competition, Your Business agrees to sign the following legal documents:
· Non-disclosure agreement - As explained above, Shortlisted Businesses must keep the outcome of the Competition confidential until the Winners Ceremony. We therefore need all Shortlisted Businesses to sign a non-disclosure agreement within 7 days of ASOS emailing You a copy. ASOS reserves the right to disqualify Shortlisted Businesses if they fail to return the signed NDA within 7 days.
· ASOS supplier agreement - Part of the Winner’s Prize is for an edit of their winning Brand’s collections to be sold on ASOS.com (and local language sites at ASOS’ discretion) for two consecutive seasons and, if the People’s Pick is not a Winner, the People’s Prize is for an edit of their winning Brand’s collections to be sold on ASOS.com (and local language sites at ASOS’ discretion) for one season. Like all of ASOS’ branded suppliers, the People’s Pick and
the Winners will need to sign an ASOS branded supplier agreement. We will send a draft agreement to all Shortlisted Businesses. Acceptance of the Prize will be deemed acceptance of the supplier agreement.
(b) Costs and expenses
ASOS will reimburse the following costs and expenses –
· Standard return train travel to London (or equivalent transportation agreed in advance by ASOS) for the Shortlisted Business's Key Individuals, to attend (a) the photo and video shoots in London, and (b) panel session in London;
· Standard return train travel to London (or equivalent transportation agreed in advance by ASOS) and standard overnight accommodation (accommodation to be arranged by ASOS) for the Winner’s Key Individuals, to attend the Winners’ Ceremony.
Subject to this, any costs and expenses that You or Your Business incur in entering the Competition (including but not limited to completing the application form, creating Your Business's Content, attending the photo and video shoot, panel interview and the Winner’s Ceremony) shall be at Your Business's own cost and expense. Note that the photography at the video / photo shoots (Stage 3) will be provided by ASOS at its own cost.
Businesses should also be aware that being a supplier to ASOS is likely to involve additional costs, which the Winner will be responsible for. For example, all ASOS suppliers need a public liability insurance policy (of a level acceptable to ASOS) and need to comply with ASOS’ ethical/ CSR, sourcing, and delivery requirements.
ASOS accepts no responsibility for any tax implications that may arise from accepting any prize and advises Businesses that independent financial advice be sought in the event of winning.
(c) Intellectual Property
We want Your Business to unleash its creativity but ASOS is a responsible retailer and also believes that it is crucial to respect other people’s creative efforts and Intellectual Property. By entering the Competition and submitting content (including Your Business's Stage 1 and 2 application forms and all attachments/uploads to it) (“Content”) Your Business warrants that:
· it owns or has a right to use, both generally and for the purposes of this Competition, all Intellectual Property rights in the Content;
· its Content does not infringe the Intellectual Property rights of any third party;
· it owns all Intellectual Property rights in its products, collections and designs (“Products”); and
· its Products are original and do not infringe the Intellectual Property rights of any third party.
“Intellectual Property” includes copyright, moral rights, trade marks, business names, domain names, goodwill, design rights, patents, logos, licensing rights, rights of publicity and all other intellectual property rights (whether registered or unregistered, in any part of the world).
By submitting Content, Your Business automatically grants ASOS a worldwide, transferable, sub-licensable (to any other parties who assist ASOS with its use of the Content in accordance with this paragraph), royalty-free, non-exclusive, irrevocable licence to: (i) use and edit Your Content in perpetuity at our discretion for the purpose of organising and marketing the Competition and for PR relating to the Competition (including as part of the Shortlisted Business profile page), without further reference to You; (ii) to display the Content for the purpose of the Competition in any and all media (including, without limitation, on our social media channels, websites and tangible media and third party media channels) without prior notification; and (iii) (if Your Business is a Winner) to use and edit Your Content to announce and celebrate Your Business as a Winner and/or People’s Pick, including but not limited to promoting any subsequent similar competitions, and to promote Your Business and Your Brand’s collection on our social media channels, websites and other media.
(d) Offensive Content
ASOS wants its customers to look, feel and be their best. Our customers are socially engaged and highly culturally aware. We reserve the right to reject and/or disqualify any Business whose Content or behaviour (whether as a corporate entity, or of Key Individuals or other employees or affiliates), in our reasonable opinion:
· is likely to be considered offensive or inappropriate by us or could reflect negatively on the name, reputation, or goodwill of ASOS, any media partner or any other Competition brand partner;
· defames, misrepresents, or insults other people or businesses, including, but not limited to ASOS (including their partners); and
· promotes any political agenda.
Each Business needs to be prepared to share information about its business and Brand with us, particularly at the latter stages of the Competition. We understand that some of this information will be confidential. You agree to highlight and flag up any information which is confidential as part of Your Business's application (at any stage of the Competition). ASOS personnel connected with the Competition and others (e.g. judges and panellists) connected with the Competition take no responsibility for information which is not clearly marked in this way. If the information is marked as confidential, we will take such measures as we consider reasonable to keep it confidential. By entering this competition, Your Business consents to all its Content being viewed by the judges, panel and other ASOS personnel directly involved in the Competition.
(f) Photos/filing consents and publicity
As You will know, ASOS and its media partners love to use visual media in their content! As explained above, Key Individuals from the Shortlisted Businesses will be required to participate in a number of photo/video shoots both in their offices and at ASOS HQ (or another central London location) as part of Stage 3. We may also photograph / film other elements of the Competition including the panel session. You (and Your Business) agree to ensure that all consents necessary, from all relevant individuals, will have been obtained in advance. For the avoidance of doubt, ASOS will own or have a
right to all Intellectual Property rights in such media and shall be entitled to use it in perpetuity at their discretion (without further reference to You, the Key Individuals or Your Business), for example for the purpose of organising and marketing the Competition, and any subsequent similar competitions, and any general PR/ marketing.
By entering the Competition Your Business agrees that, if it is a Winner, Your Business (and its Key Individuals) will be required to participate in such publicity as we deem reasonably appropriate (including and in addition to attending the Winners' Ceremony and interviews/photo-shoots for the ASOS and media partner media channels). We will endeavour to give You as much reasonable notice as possible of these events. Subject to section K(b) and unless otherwise agreed in advance with ASOS at its reasonable discretion, attendance at the events will be at Your Business's cost.
- ANYTHING ELSE?
No one likes the small print, but we want You to feel comfortable that we run our competitions properly, fairly - and legally! We also need Your Business to confirm and agree to certain aspects of its participation in this Competition. Please note the following:
· by entering this Competition, Your Business warrants and represents (and You warrant and represent on Your Business's behalf) that it is eligible to enter into this Competition and to give the warranties and consents set out in these Ts&Cs;
· we believe in fair play. We will not accept cheating in any form including the falsification of accounts, the infringement of Intellectual Property rights of third parties or any other behaviour that falls outside the spirit of the Competition. Accordingly, without prejudice to ASOS' other rights under these Ts&Cs:
o we reserve the right to verify the eligibility of all Businesses and disqualify (at any time) any Business if we have reasonable grounds that the relevant Representative, Key Individual(s), the Business, or other Business personnel has breached any of these Ts&Cs (including if we suspect an Intellectual Property right infringement);
o we reserve the right to conduct a review or an audit of financial information or other documentation submitted in your application (at any stage in the Competition) to ensure its accuracy;
o if we receive a claim (or threatened claim) from a third party in relation to Your Business (including on the grounds of Intellectual Property infringement), Your Business agrees at its own cost to assist ASOS with resolving the matter;
o any Business found to have tried to gain an undue advantage in the competition (including by a Representative or Key Individual or other Business employee, director, consultant/advisor, or contractor asking for assistance with their application (at any stage in the Competition) from any contact at ASOS or a Competition judge) may be disqualified;
· by entering this Competition, Your Business agrees to release and hold harmless ASOS from and against any and all third party liability, claims, injury or damages arising out of or relating to Your Business's participation in this Competition and/or the use, misuse or redemption of a Prize or People’s Prize, including on the grounds of Intellectual Property infringement;
· we reserve the right to ensure that the prize money is spent in accordance with the spirit of the Competition and these Ts&Cs; that is to grow Your Brand. Accordingly, if Your Business is a Winner and/or the People’s Pick, Your Business will allow ASOS by its own personnel or by a professionally qualified independent auditor access to relevant records in order to carry out an audit of the expenditure of the prize money in accordance with these Ts&Cs. If the audit reveals a failure to so comply, Your Business agrees to immediately remedy this breach or to return to ASOS such amount of the Prize money as ASOS deems reasonably appropriate;
· ASOS does not represent or warrant that any part of the Prize or People’s Prize will result in Your Business achieving its planned objectives (whether financial, growth/ expansion or otherwise). In no event shall ASOS be liable for any loss of anticipated or actual income or profits, loss of contracts or for any special, indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known;
· nothing in these Ts&Cs shall operate to exclude or restrict any party's liability for death or personal injury caused by that party's negligence, fraud or fraudulent misrepresentation or any liability which cannot be limited or excluded by law;
· the maximum liability for ASOS arising out of or in connection with Your or Your Business's participation in this Competition (whether for breach of contract, negligence or otherwise) shall be limited to damages for direct losses which in no event shall exceed £5,000;
· ASOS may (in its reasonable discretion) disqualify any Business from the Competition at any stage and/or withdraw elements of the Prize from a Winner (i.e. stocking and sale on ASOS’ websites, access to mentoring and editorial coverage) or People’s Prize from the People’s Pick (i.e. stocking and sale on ASOS’ websites) if (i) the Business goes into liquidation or receivership, is declared insolvent, passes a resolution for winding up or ceases, or threatens to cease, to carry on business (including as a result of bankruptcy proceedings or inability to pay debts); (ii) the Business's Representative or Key Individuals behave in a way that ASOS reasonably determines could damage the brand and reputation of ASOS; (iii) there is clear evidence of a misuse of any prize money; or (iv) You, the Business, a Key Individual, or other Business personnel breaches these Ts&Cs;
· ASOS will not be liable for any system failure or malfunction or any consequences (including Your Business's application not being submitted for any reason, lost application data, or failure to save application data) thereof beyond its reasonable control, including if someone or something tampers with something that affects this Competition in some way whether by fraud, technical or IT failures (including in telecommunications networks, internet access or otherwise or any third party products or actions preventing access to or participation into the promotion), system errors or other issues;
· ASOS will not be responsible for any applications which are not “submitted” including if there is a delay in the confirmation of submission email being sent / transmitted / received by You. An application will only be entered into the Competition once the Representative receives a confirmation of submission email. Only applications which are complete (in relation to that particular stage) will be considered valid. ASOS will disqualify incomplete applications;
· in the event of any dispute regarding the rules or results and all other matters relating to the Competition, ASOS’ decision is final. No correspondence will be entered into;
· in relation to the selection of the Longlist, Shortlist and Winners, the judges’ decision will be final and no correspondence will be entered into relating to their decision;
· if You want to know who won, please email firstname.lastname@example.org with “Fashion Discovery Competition Winners” in the subject line, within two months of the Winners Ceremony);
· these terms and conditions are governed by English Law and shall be subject to the exclusive jurisdiction of the English Courts.
Promoter: ASOS.com Limited, Greater London House, Hampstead Road, London NW1 7FB England