Terms & Conditions

TERMS & CONDITIONS FOR “THE GREAT OUTDOORS FISHING PHOTO COMPETITON #MYFISHINGVIEW” ORGANISED AND HELD BY THE NAVICO & HOBIE KAYAK

This Photography competition (the “Competition”) is subject to the following Terms and Conditions (“Terms”) and by entering the Competition you agree to be bound by them.

Navico reserves all rights, acting reasonably and in accordance with all relevant legislations and codes of practice to vary these Terms as necessary.

1.    COMPETITION ENTRY

1.1 By entering this Competition, you warrant to Navico that all images and photos submitted by you for the purpose of entering the Competition ( “Entry”) is true, accurate, complete, genuine and compliant with all relevant laws and this Terms in every aspect.

1.2 Navico reserves the right to verify any information you provided in connection with your Entry and disqualify your application at its sole discretion in case found them incorrect or incompatible with the laws or these Terms.

1.3 This Competition is open to all participants aged 18 and above as of the date of the Entry. The Competition is only open to legal residents of the UK, France, Spain, Germany, Italy, Sweden, Norway, Finland and Netherlands and is void where prohibited by law.

1.4 If you are under the age of 18 and you wish to participate in this Competition, you must have permission from your parent or guardian to enter the Competition. By completing the Entry form and submitting an Entry for the Competition, your parent, guardian or carer is deemed to have given such consent and to agree to the Terms of the Competition as described in these Terms.

1.5 Employees of Navico and HOBIE KAYAKS, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees or anyone who directly involved with the Competition and judging , including their families and relatives, are not eligible to participate in the Competition.

1.6 Entries will be accepted online starting on the 1st July 2021 and ending 31st July 2021. All online entries must be received by the 31st July 00:00 your local time.

2. HOW TO ENTER THE COMPETITION:

2.1 Login to the Competition entry page Lowrance.com by clicking on its relevant link at: https://navico-competitions-staging.herokuapp.com/the-great-outdoors-fishing-photo-competition

2.2 Fill in the required fields in the online form.

2.3 Submit your own genuine photograph.

2.4 Tell us why the photo submitted is special to you in the caption field.

2.5 Your Entry must be submitted digitally via the provided link in the Facebook page or the aforementioned link in part (2.1) . No other form of entry will be acceptable.

2.6 By submitting photo and Entry to the Competition you or your parent/guardian confirm and warrant that the person entered into the Competition is the sole owner or photographer of the photo and that is their original work.

2.7 By Entering into the Competition you confirm and warrant that you own all the copyright and intellectual property rights belonging to the photo and you are not infringing any intellectual property rights of a third party or another participant.

2.8 If there are pictures of the other people in your submitted photo, you confirm and warrant that you have acquired all necessary permissions from anyone pictured in that photo ( or , where the image shows any persons under 18, the consent of their parent/guardian) for the usage rights required by Navico or its partners or affiliates for the purpose of this Competition.

2.9 By accepting these Terms and Enter to this Competition you confirm and warrant that you have all permissions in accordance with clause 7.7 and you will indemnify Navico , its affiliates, employees, officers, and partners against any claims made by any third parties in respect of such infringement.

2.10 If you attempt to use fraudulent methods, try to log in via different devices or in any way attempt to circumvent the rules of the Competition, all your submissions may be removed from the contest and you will be disqualified at the sole discretion of Navico.

2.11 If you fail to complete the submission or the submitted photo does not meet the Entry specification as per the provision 7 of these Terms or are in breach of these Terms, you will be disqualified from the Competition.

3. ENTRY SPECIFICATION

3.1 The subject of the Entry photo is “My Fishing View”.

3.2 photographs must be maximum up to 16 MB and submitted in high resolution.

3.3 You are allowed to enter to the Competition by submitting only one single Entry;

3.4 If you try to make more than one attempt, or try to submit more than one photo with the same or different email address you will be disqualified.

3.5 You will be disqualified if your photo appears to have been taken in such a way that wildlife law or animal welfare requirements may have been breached or it has been otherwise taken in n irresponsible way.

3.6 Submitted photo must be genuinely taken by the participant. While digital adjustments and cropping is allowed, changing the entire concept or content of the photo like adding or removing objects is not allowed.

3.7 Navico reserves the right to remove or refuse any entries from the Competition for any reason including but not limited to violating these Terms, not meeting or following the competition entry rules or requirements, fraud, any virus or bug attacks, non-authorized human intervention, security, fairness or proper conduct of the Competition or the participants or where Navico is ordered by a court order or prohibited under relevant laws.

4. JUDGING AND WINNER SELECTION

4.1 A panel of judges will select images based upon technical skill, diversity , originality and creativity of composition.

4.2 Judges will assess entries to establish category winner and commended photographs, and collectively agree on the overall competition winner.

4.3 The organiser will select judges from a wide interest pool among the Navico and Hobie Kayak staffs to ensure objectivity is maintained by the judges.

4.4 When the judges reached to a unanimous verdict of the best photo, who has met all the Entry requirements ,the selected photo and its owner ( “Winner”) will be selected and announced.

4.5 Winners will be notified via Facebook OR via the submitted email address that they entered into the Competition with within fourteen (14) days following  selection of Winners.

4.6 Navico shall have no liability for Winner’s failure to receive notices due to spam, junk email or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information.

4.7 In the event the Winner cannot be contacted via its Facebook page  or the provided email address , or fails to claim the prize within 14 days from the time award notification was sent, then he will be deemed disqualified and the prize may be forfeited and an alternate Winner selected.

4.8 Receipt by Winner of the Prize offered in this Competition is conditional upon compliance with any local laws and regulations and these Terms.

4.9 Any violation of these official Competition’s Terms will result in Winner’s disqualification as Winner of the Competition and all privileges as Winner will be immediately terminated.

5. The PRIZE

5.1 the full prize for the Winner of this Competition is a package consisting of : Prize”)
• A Hobie Passport 12 Kayak;
• A Lowrance HOOK Reveal 9” TripleShot (000-15531-001);
• A C-MAP Chart (in line with winner location); and
• A Lowrance jacket and merchandise pack.

5.2 The specifics of the Prize shall be solely determined by Navico;

5.3 No cash or other Prize substitution shall be permitted;

5.4 The Prize is non-transferrable, non-exchangeable and non-refundable;

5.5 No substitution of the Prize to others or request for the cash equivalent by the Winner is permitted.

6. INDEMNITY AND LIMITATION OF LIABILITY

6.1 To the maximum extent permitted by law, Navico excludes its liability for any loss, damage, injury, cost or expense suffered by you, whether directly or indirectly and howsoever caused, in connection with the Competition, Entry or use of the Prize. Nothing in this Terms shall exclude Navico liability for death or personal injury arising from Navico’s own negligence or any other liability that cannot, as matter of law, be excluded.

6.2 You agree to indemnify Navico, its affiliates, subsidiaries, parties, employees, officers,  and keep them all indemnified against any loss, damage, injury, cost or expense including reasonable legal fees, as a result of your Entry in the Competition, including but not limited to any claim of intellectual property rights made by any third party.

6.3 Navico and its organiser’s parties do not accept any responsibility for Entry’s lost, damaged or delayed whether due to transmission errors, website malfunctions, computer error, third party application error in any way or form or otherwise, intellectual property rights and data protection.

6.4 Participants and Winner agree to their winning pictures appearing in the Navico social media accounts, other than Facebook which may be its website, twitter, LinkedIn, or any other social medias.

6.5 By submitting an Entry in the Competition you grant to Navico a non-exclusive royalty-free worldwide commercial licence unlimited in time, to use the Entry ( whether or not it wins the Competition) in all formats and in any medium of communication, and for all promotional purposes which Navico shall consider appropriate. You represent and warrant to Navico and its affiliates, with the intention that Navico or its affiliates shall rely on such representation and warranty, that each of your Entries is original, and that you own each of them exclusively and have the right, without the permission of any other person or legal entity, to license to Navico and its affiliates the rights in the Entry for all the purposes contemplated in these terms.

6.6 The scope of the licence granted to Navico and its affiliates in the paragraph 6.5 shall include your irrevocable permission to Navico and its affiliates to use, reproduce, publish, display, transmit, copy, amend, store, and print ( your Entry may appear on materials as we sell, e.g. cards, calendars, books, mugs, T-shirts, caps etc..).Your Entry worldwide for such purposes as Navico shall think fit without restriction.

6.7 By participating in this Competition, you agree, to the maximum extent permitted by applicable laws, to release and hold the Promoter harmless from any and all liability whatsoever for any, negligence, unlawful acts or omissions, injuries, losses or damages or consequential damages of any kind arising from participation in or in connection with the Competition.

7. DATA COLLECTION

7.1 Other than as set out in these Terms or for the purposes of operating the Competition, the details and information provided by the Participants at the time of Entry or Claiming the Prize will not be used for any other promotional purposes, nor shall they be passed to any third party, unless you “opt-in” to be contacted for marketing purposes according to our Privacy Policy .

7.2 All Competition participants unconditionally agree to collection and use of their name, email address and disclosure of their country of residence in connection with Competition Entry requirements and eligibility as set out in these Terms.

7.3 We uses a PaaS portal (Platform as a Service) called Heruku to build and deploy the apps and host the contest. Heruku keeps deployment very simple and efficient. Heruku in turn uses AWS (Amazon Web Services) to host the app and its database. The databases are encrypted so neither Heruku nor AWS have any access to the data within. The databases are backed up within AWS. The region used by AWS to host the app and database is EU-west-1 data centre which is in Ireland.

7.4 Your personal data such as name and email address will be collected and stored by Heruku. you can read about how Heruku treat with your personal data here.

7.5 Navico and/or its affiliates which may use Entry data for the purpose of this Competition endeavour to collect, retain or process all received data in accordance with data protection legislations which are in force in England and the EU.

7.6 Your information and personal data on our system shall be automatically removed permanently after completion of the Competition, unless you elect to be contacted for our promotions or receive our newsletter.

7.7 We adhere to the general data privacy principles when collecting and processing personal data that require us to:
7.7.1 Only collect and process the following data to administer the promotion and verify your eligibility:
• First Name, Last Name
• Email address.
• Country of residence
7.7.2 Collect and use personal data based on our legitimate interest to administer the promotion,  fairly and only for lawful and specified purposes related to our legitimate business objectives.
7.7.3 Limit our personal data collection to what is adequate, relevant, and not excessive for the intended purpose.
7.7.4 Upon your request will provide sufficient clarification about our personal data processing practices in a clear and transparent manner.
7.7.5 Ensure the accuracy of the personal data we collect, retain, and use.
7.7.6 Retain personal data only for the time needed to fulfil the established purpose. We will take all reasonable steps to destroy, or erase from our systems, all personal data that we no longer require, and follow all applicable records retention schedules and policies.
7.7.7 Secure the personal data we hold.
7.7.8 Only transfer your personal data to third party processors that help us run the Competition event, and that are bound by similar obligation with regards to the treatment of your personal data, including : Mr Zen Ltd, Unit B3, Endeavour Place, Coxbridge Business Park, Farnham, Surrey, GU10 5EH which administers the promotion website.

7.8 We tend to retain your personal data only for duration of this Competition. After completing the Competition, you may need to enter your data again should you wish to participate in our future promotions or competition.

7.9 Should you wish us to retain your information in our database and enter into our marketing newsletter or hear about our recent promotions and deals you can “Opt-in” at the final stage before submitting your claim.

7.10 We really do welcome any questions, comments or requests you may have regarding this privacy notice.  You can email us at DPO@Navico.com or write to us at:
Data Protection Officer
Navico Marine Electronics S.L.,
Muelle de Poniente 6, Edificio Panoramis, Planta baja, Suite A, 03003 Alicante,  Spain.
Please also use those contact details if you have any complaints about the way we have used your personal information.
7.11 If we do not deal with your complaint satisfactorily and within a reasonable timeframe, you have the right to complain to the Spanish Data Protection Authority.

7.12 You have rights to request how we handle your personal data. You have right to:
a. Request access to your personal data that we hold.
b. Prevent our use of your personal data for direct-marketing purposes.
c. Ask us to delete your personal data or correct inaccurate data.
d. Prevent processing that is likely to cause damage or distress to you or anyone else.

8. GENERAL

8.1 Navico, its affiliates or partners shall not be liable for any interruption to the Competition whether due to force majeure or other factors beyond the Promoter’s control.

8.2 Navico reserves the right, acting reasonably and in accordance with all relevant legislation and codes of practice, to vary these Terms.

8.3 Prizes are non-transferable, non-exchangeable or redeemable for cash by the Winners.

8.4 Navico, its affiliates or partners will not be responsible or liable for: (a) any failure to receive submissions due to transmission failures and other conditions beyond its reasonable control; (b) any late, lost, misrouted, or damaged transmissions or claims out of or in connection with using this Promotion; (c) any computer or communications related malfunctions or failures; (d) any disruptions, losses, direct or consequential damages caused by events beyond the control of the Navico ; or (e) any printing or typographical errors in any materials associated with the Competition other than what has been displayed on the official Competition page.

8.5 Participants will be solely responsible for any and all applicable taxes, money exchange charges and any other relevant costs or expenses which are not stated in these Terms as included in the Prize section.

8.6 Navico reserves the right to withdraw the offer at any time at its sole discretion.

8.7 This Competition is governed by the Norwegian laws. Notwithstanding the foregoing, as a consumer you may benefit from certain mandatory provisions under the laws of your country of residence. Nothing in these Terms, including this choice of law clause, affects your rights as a participant  to rely on such mandatory provisions of local law as applicable.

8.8 Navico reserves its right to update, amend or modify these Terms at any time and without the participant’s prior knowledge.

8.9 You agree to accept the decisions of Navico as final and binding as it relates to the content of this contest.

8.10 This contest is subject to all applicable local laws and regulations.