When you make a submission (“Submission”) to the Nothing Survey 2023 Giveaway Contest (“Contest”), you agree to abide by, and be bound by, these Nothing Survey 2023 Giveaway Terms & Conditions (“Rules”) below.
Sponsor. The sponsor of the Contest is Nothing Technology Limited (along with its affiliates, agents, and licensed assigns, the “Nothing”), an English company with offices at 80 Cheapside, London EC2V 6EE United Kingdom.
Contest Rules. Nothing will communicate the details of participation in the Contest through email.
Should there be a conflict between any instructions and these Rules, the Rules shall prevail.
Nothing reserves the right to amend these Rules and/or the terms of a Contest at any time or to suspend or cancel the Contest without penalty.
Nothing reserves the right to exclude at any time a Participant out of the Competition if a breach of the prescribed Rules and/or terms of the Contest is proven.
How to Enter. Contest participants (“Participant(s)” or “you”) must be at least eighteen (18) years of age at the time of participation and may enter the Contest by following the process designated on the Website. As a Participant, you represent and warrant that you are at least eighteen (18) years of age. To be eligible to win, Participants must make their Submissions through the prescribed process before the close of the Contest.
Process: To participate in the Contest and attempt to win the Prize, Participants shall follow the steps below:
Upon completion of the survey, participants are required to provide their email address. (Be advised that all personal information collected will be utilised for the sole purpose of improving our products and services. In the interest of transparency, it is worth noting that any personal data will be anonymised following a period of six (6) months from the date of submission. Additionally, the feedback garnered may be employed to identify bugs or to devise new features, thereby contributing to an enriched user experience for our products).
Please note that Nothing is not responsible for computer or network problems; problems with the Platform or its servers; problems with email accounts; or the failure to receive any Submission for any reason whatsoever.
Subject to Nothing’s reasonable discretion, the Contest is open to individuals over the age of eighteen (18) residing in any eligible region throughout the World (“Territory”). Due to legal restrictions, Nothing is unable to accept Submissions from Sudan, North Korea, Syria, Iran, Cuba, the Crimea region, or any other countries/regions which may be subject to export controls and/or sanctions at the time of the Contest.
Should shipping to a Participant’s address be excessively difficult or expensive, Nothing may, at its reasonable discretion, nominate an alternative winner.
Winner Selection. One or more Participants will be selected based in their scores in the Contest through multiple rounds and will be nominated as winner(s) (“Winner(s)”). Nothing will reach out to Participants selected to join in future rounds.
Prohibited Content. If Participants are submitting content, Nothing, its officers, directors, employees, affiliates, agents, successors, and authorised licensees and assigns shall in no case be liable for the contents of any Submissions or misbehaviour during the Contest. Participants shall use good taste and judgement in participating the Contest. Each Participant shall be solely responsible for ensuring that their participation:
does not offend the intellectual rights of third parties;
is free from obscenity or content that may be seen as harassment, intimidation, or bullying;
complies with all data protection and privacy laws;
complies with any and all other applicable laws;
does not engage in "doxxing" or making threats to reveal personal details of other Participants;
is free from viruses or malware; and
is not otherwise inappropriate.
Rights to Content. By making a Submission, each Participant agrees to irrevocably assign to Nothing and its affiliates all rights to the Contest, including the right to record, edit, modify, reproduce, distribute, transmit, publish, communicate to the public, broadcast, perform, display, or otherwise use the Submission, in whole or in part, with or without modifications, in any form or medium, including but not limited to, internet, print, point of sale advertising, flyers, leaflets, for entertainment, promotional and/or advertising purposes and/or any other purpose whatsoever. To the greatest extent permitted by law, Participants agree to waive and not to assert or invoke any so-called moral rights in relation to their Submissions. Any intellectual property created pursuant to the Contest shall be the exclusive property and Participants shall not challenge Nothing’s ownership. Nothing herein shall be deemed to licence or assign any of Nothing’s intellectual property to Participants.
Prize. Nothing may grant prize(s) (“Prize(s)”) to the Contest Winner(s). Specifically, the first-place Winner (as selected at Nothing’s discretion) shall receive a Phone (2) 12+512GB, other prizes include Nothing Ear (2), Nothing Phone (1) and Nothing Ear (stick). Subject to applicable laws and regulations, Nothing reserves the right to cancel or change the Prize or disqualify any Winner at its absolute discretion. The Prize will be as communicated by Nothing to the Winner(s). All prizes are subject to availability and void where prohibited.
Not included in the prize. The Winner shall be solely responsible for any taxes associated with collection of the Prize, including, without limitation, personal income taxes. Nothing shall also not be responsible for any of the following:
Expenses related to collection of the Prize;
Lost income related to attendance of the Event;
Reimbursement of any expenses incurred in the creation of your Submission; and
Any travel expenses that Nothing has not agreed in writing to cover;
Any income or other taxes payable by a Winner;
Any other costs or expenses not explicitly agreed to by Nothing.
Participants must submit original, valid submissions to the Contest and adhere at all times to these Rules and the Contest instructions.
Participants may not nominate any third party to play on their behalf or use any software which may create an unfair advantage.
Participants must also at all times comply with all applicable laws, rules, and regulations.
Nothing reserves to disqualify Participants who violate these Rules.
Notification/Announcement of Winner. The Winner(s) will be selected on 17 October 2023 and will be notified in writing by Nothing. The Winner must confirm his or her acceptance of the Prize in writing within twenty-four (24) hours of such notification. Nothing reserves the right to disqualify any Winner who does not confirm acceptance of the Prize in accordance with these Rules and reserves the right to select an alternative winner. In the event of a dispute about the identity of a Winner, Nothing will award the Prize to a runner-up Participant. Nothing reserves the right to not award a Prize.
Prize Conditions. Except as required under applicable law, the Prize will be as referenced in these Rules and is provided as-is with no express or implied warranty or guarantee. This Contest is subject to applicable local laws and regulations, including, without limitation, tax laws. Nothing may require the Winner to sign and return an affidavit of eligibility, a liability release, and a publicity release permitting Nothing to use the Winner’s name, image, and winning Submission in promotional materials where permitted by law and subject to applicable rules. Refusal or inability to sign and return such forms within 48 hours of receipt may result in disqualification and awarding of Prize to alternate Winner(s).
General Liability Release. By entering this Contest, Participants release Nothing, its employees, agents, affiliates, and assigns from any liability whatsoever, on any theory, and waive any and all claims and causes of action arising from or related to this Contest and/or fulfilment and/or use of the Prize, to the extent permitted by applicable law. However, nothing in these Rules limits or excludes any person’s or entity’s liability for death or personal injury caused by their negligence or any other liability which may not be limited as a matter of law.
The Participant consents to his/her Personal Data being transferred, stored (both electronically and manually) by Nothing to Nothing and its business partner(s) located outside of the European Economic Area or area of residence for the purposes of maintaining records of the Contest and developing Contest-related external marketing materials (“Materials”). The Participant hereby agrees that such usages shall constitute legitimate business needs for Nothing.
The Participant further acknowledges and agrees that his/her participation in the Contest may result in his or her name, social media handle and other personal data (“Personal Data”, as defined below) being announced publicly. The Participant hereby waives any and all objections to such disclosures in the Materials.
For the purposes of this Agreement, “Personal Data” may include, but is not limited to email address, name, birthdate, passport or ID number, home address, contact information, region of residence, likeness or appearance. Nothing and its partners shall only retain the Participant’s Personal Data only as long as it may be needed.
The Participant acknowledges that collection and processing of the Personal Data listed in Section 15(c) for the uses described herein shall constitute a legitimate business need of Nothing.
Nothing undertakes to ensure that Nothing and its partners will take appropriate measures to protect Participants’ Personal Data and use Participants’ Personal Data only for the purposes described in this Agreement. Both Data Controller(s) and Data Processor(s) shall sign data processing agreements (DPAs) to meet the European Union’s requirements with respect to data processing.
Interpretation and Disputes. Participants agree:
To be bound by these Rules and all decisions of the judges, which are final and binding.
That any disputes shall be governed by the laws of England and Wales (or by mandatory local laws, if applicable), without regard to conflict of law principles. The courts of London shall have exclusive jurisdiction. That they consent and waive any objection to the jurisdiction of said tribunals for any such disputes.
This Agreement shall be written and construed in the English language. Any translation shall not be the official version and, in the event of any conflict, the English version shall control.
Nothing reserves the right of interpretation with respect to these Rules. Should there exist any conflict between these Rules and any other communication, including but not limited to the Website, communication, email, public statements by Nothing employees/agents, or any other form of communication, these Rules shall prevail.
Confidentiality.Each Participant agrees to keep in strict confidence any Nothing confidential information they may encounter during the course of their participation in the Contest. “Confidential Information” includes, without limitation, to names and Personal Data of Nothing employees and agents, names and Personal Data of other Participants; information about current, future and potential products; financial information; unreleased marketing campaigns; business methods; information marked as “Confidential”; and any other information reasonably expected to be kept confidential under the circumstances. Participants shall not disclose, disseminate, transfer, copy, exploit, or otherwise make use of such Confidential Information without Nothing’s express written consent. Exception may be made for Confidential Information that becomes available through no fault of the Participant or is disclosed pursuant to an order from a court or other government body of competent jurisdiction, provided that the Participant notifies Nothing in advance and takes reasonable steps to limit any further disclosure.
Void Where Prohibited. The Contest is void where prohibited:
If any provision or part-provision of these Rules is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.
If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Rules.
To the extent permitted by applicable law, Nothing may suspend, modify or terminate the Contest if it believes, in its sole discretion, that malfunction, error, disruption or damage is impairing or will impair the administration, security, fairness, integrity or proper conduct of the Contest, in which case the prizes will be awarded among the eligible Submissions received that were unaffected by the problem, if possible.
Participants’ entry in this Contest shall be strictly in compliance with applicable laws and regulations. Participant represents and warrants that he/she is not subject to any blacklists or sanctions of relevant countries, including, without limitation, the United States, the United Kingdom, and the European Union. Due to sanctions and other legal restrictions, Nothing’s services—including participation in this Contest—may not be available in all countries or regions.
Non-discrimination. Nothing conducts the Contest in accordance with all relevant equality and anti-discrimination law (whether in relation to race, sex, gender reassignment, age, disability, sexual orientation, religion or belief, pregnancy, maternity or otherwise).
Relationship Amongst the Parties. Notwithstanding anything to the contrary contained in these Rules, the relationship between the Participant and Nothing is on a principal-to-principal basis and nothing in this Agreement will be construed as creating a partnership, joint venture, association of persons, or employment/agency relationship between the Parties. The Participant shall not have any right to obligate or bind Nothing, or vice versa, in any manner whatsoever. Nothing contained in this Agreement shall give any rights of any kind to any third parties, whatsoever.
Entire Agreement. These Rules, together with any and all exhibits, annexures, and schedules, or amendments made by Nothing in writing, constitutes the entire understanding and agreement in relation to the subject matter hereof and supersedes all other agreements, understandings and representations made by either Party, prior to execution of this Agreement, whether verbal or written.
Severability. Each term and provision of these Rules shall be valid and enforceable to the fullest extent permitted by law and any invalid, illegal or unenforceable term or provision shall be deemed replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid, illegal or unenforceable term or provision.