These terms and conditions apply to the „TomTom Summer“ promotion offered by TomTom International B.V., a company incorporated under the laws of the Netherlands and having its registered address at De Ruijterkade 154, 1011 AC Amsterdam, The Netherlands (“TomTom”) (“Terms and Conditions“).
The “TomTom Summer” promotion (the “Promotion”) is open to those consumers who have purchased a TomTom GO Essential 5”/6”, TomTom GO Premium 5”/6”, or TomTom GO Camper (the “Promotional Product”) from eligible retailers or online stores in the period between 31 May 2019 and midnight (CET) 31 July 2019 (the “Purchase Period”), are legal residents of Austria, Belgium, France, Germany, Luxembourg, Portugal, Spain, the Netherlands, or the United Kingdom (excluding legal residents of Gibraltar, Vatican, Ceuta, and Melilla) (the “Participating Countries”), and were eighteen (18) years of age or older on the date of purchase. The Promotional Reward is a Fujifilm Instax Mini 9 camera (the “Reward”), which has a recommended sales price (“RSP”) of approximately €79. Corporate, institutional, and any other business purchases are not included in this promotion.
How to participate
1. After purchasing the Promotional Product, the participant (“Participant”) must complete their promotion registration atwww.tomtom.com/summer Registrations must be completed in full within fourteen (14) calendar days from the purchase date of the Promotional Product (i.e., the date listed on the purchase receipt). Registration includes providing (i) personal details, including a valid email address, name, surname, gender, date of birth, full postal address (including street name, house number, floor, house name where applicable, city or town, ZIP code, province, and country), indications for the delivery if needed, mobile telephone number (“Personal Data”); (ii) product details, including date of purchase, product model, serial number, and retailer; and (iii) a digital photo or scan of a valid receipt / proof of purchase for the Promotional Product. Participants will need to indicate if they wish to receive the camera at work or at home. In case they wish to receive the camera at work, they will need to provide the company name.
2. Participant will receive an automatic request by email to validate their email address.
3. Within approximately five (5) working days, and subject to validation of the Participant’s registration claim, each Participant will receive an email confirming that their participation in the promotion has been verified.
4. Once the Reward is in transit to the Participant’s address, the Participant will receive a third email informing them about their Reward’s estimated delivery date. Delivery should take place in approximately six (6) working days following the date of shipment, depending on location.
5. The Participant must comply with these Terms and Conditions in their entirety to be eligible for this Promotional Reward.
The Participant will receive a Fujifilm Instax Mini 9 Smoky White Instant Camera with a recommended sales price (“RSP”) of approximately €79, provided that all the conditions of this Promotion are met. The Fujifilm Instax Mini 9 camera will not include photo film cartridges.
TomTom reserves the right to substitute a Reward of comparable or higher value for the original Reward in the event of Reward unavailability. By accepting either Reward, the Participant agree to be responsible for all federal, state, provincial, local, or other applicable taxes associated with acceptance and use of the Reward.
The Reward awarded is personal and non-transferable and cannot be redeemed for cash or credit. Where required by law, Participant may be obligated to complete federal, state, provincial or local country tax forms and pay taxes against the prize obtained.
The RSP of any Reward is subject to price fluctuations in the consumer marketplace based on, among other things, any lapse in time between the date the RSP is estimated for purposes of these Terms and Conditions and the date the Reward is awarded or redeemed. If the actual purchase price of the Reward is less than the RSP stated herein, the Participant will not be entitled to a check, cash, or other form of payment for the price difference.
Reward conditions and releases
By entering and participating in Promotion, Participant agrees on behalf of themselves and each of their heirs, executors, and administrators (i) to release and hold harmless TomTom and the company’s respective officers, directors, and employees (collectively, “Released Parties”) from any and all liability, rights claims, and causes of action that entrant may have, or which may arise against the Released Parties, for any illness, injury, death, loss, litigation, or personal or property damage that may occur, directly or indirectly, whether caused by negligence or not, from such Participant’s participation in the Promotion and/or his/her acceptance, possession, use, or misuse of the Rewards or any portion thereof; (ii) that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, with respect to the Reward, including, without limitation, to such Reward’s quality or fitness for a particular purpose; and (iii) to be bound by these Terms and Conditions and to waive any right to claim any ambiguity or error therein or in the Promotion itself, and to be bound by all decisions of TomTom, which are binding and final. Failure to comply with these conditions may result in disqualification from the Promotion at TomTom’s sole discretion. Nothing in this section shall limit TomTom liability or any other liability that cannot be limited or excluded by Law.
1. The Promotion is open to Participants aged eighteen (18) years or older on the date of purchase, excluding: wholesalers and retailers selling any TomTom products (employees and contractors, or their families, of TomTom or its affiliated companies will be excluded from the promotion), TomTom’s agents, and anyone involved in the organization and administration of the Promotion. The Promotion is only valid on a new Promotional Product in its original packaging purchased from a participating retailer, to be determined at the sole discretion of TomTom. Second-hand, refurbished, or reconditioned Promotional Products are excluded. Additionally, eBay or third-party resellers on Amazon are excluded from the Promotion and will not be considered.
2. To participate in this Promotion, the purchase of one of the above-mentioned Promotional Product devices is required, without exception. All invalid registrations will be rejected. A registration is considered invalid if, but not limited to:
a. A non-Promotional Product has been purchased.
b. A Promotional Product has been purchased outside of the Purchase Period.
c. The Claim is made later than fourteen (14) days after Purchase.
d. The Participant does not (legally) reside within a Participating Country.
e. More than one (1) claim per unique product is claimed per person.
f. More than two (2) claims per household (same name and/or address) are claimed.
g. Promotional Product not purchased from an eligible retailer.
h. Promotional Product was returned.
i. Invalid or no proof or purchase supplied.
j. Other promotions made via TomTom official website apply.
k. Promotion is in conjunction with other TomTom offers, promotions and/or discounts.
3. All incomplete registrations will be automatically rejected, and Participant will be notified by email. If incomplete, the registration must be completed and resubmitted by Participant within seven (7) business days after notification for the resubmission to be processed.
4. Participant must abide by the process detailed in these terms and conditions, including the specified deadlines and requirements for the Promotion. Last closing date to register online is before 23:59 (CET) on the 14 August 2019 (“Completion Date”) and must be within fourteen (14) calendar days of purchase of the Promotional Product.
5. A maximum of one registration per person and a maximum of two registrations per household (same name and/or address) are allowed.
6. TomTom withholds the right to investigate a case where fraud is suspected and, in case of a fraud, to collect damages from the individuals concerned.
7. The Agent administering this promotion is Gotoclient, S.L.U., Carrer de Pujades, 51, 08005 Barcelona, Spain (Third Party). You hereby agree that TomTom may deliver your Personal Data to the Third Party appointed by TomTom exclusively for the administration of this Promotion
9. TomTom accepts no responsibility or liability for lost, late, damaged, or misdirected registrations and TomTom is not responsible for any late or misdirected delivery of the Premium.
10. TomTom reserves its right to unilaterally withdraw and/or to amend this Promotion and/or to amend the terms and conditions.
11. The Reward is non-transferable, and no other alternative is available.
12. The Reward will be sent to the Participant. If the delivery is not possible due to any reason, the Reward will be sent to the courier’s pick-up point and the Participant will have seven (7) days from the last delivery attempt to pick up the Reward. Once this seven (7) -day period has expired, the Participant will lose the right to receive the Reward and any substitution under no liability to TomTom.
13. The Promotion cannot be combined with other promotions from TomTom. The Promoter reserves the right to verify all claims.
To receive more information about the Promotion or to register a complaint about the Promotion, please write to firstname.lastname@example.org In the event you wish to receive more information about TomTom products, please visit www.tomtom.com/support.
14. If any provision, or part of a provision, of this Promotion or these Terms and Conditions, is found by any court or authority of a competent jurisdiction to be illegal, invalid, or unenforceable, that provision or part thereof shall be deemed to not form part of this Promotion, and the legality, validity, or enforceability of the remainder of the provisions of this Promotion shall not be affected, unless otherwise required by operation of applicable law.
15. The failure to exercise, or delay in exercising, a right, power, or remedy provided by this Promotion, these Terms and Conditions, or by law shall not constitute a waiver of that right, power, or remedy. If TomTom waives a breach of any provision of this Agreement, this shall not operate as a waiver of a subsequent breach of that provision or as a waiver of a breach of any other provision.
TomTom may, without notice and without the consent of Participants, assign any of its rights relating to its operation of the Competition or delegate any of its duties relating to its fulfilment of the Competition under these Terms and Conditions, if such assignment or delegation is to an affiliate of TomTom.
16. If, for any reason, this Promotion is not capable of running as planned or is in conflict with local laws or regulations, TomTom reserves the right to cancel, terminate, modify, or suspend all or part of the Promotion without resulting in liability or any claim of damages. This includes, but is not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of TomTom.
17. The Competition and these Terms and Conditions will be governed by and construed in accordance with the local law of the Netherlands. For the avoidance of doubt, in case there are discrepancies between translated versions of these Terms and Conditions and their original master version, the original master version will prevail.