TERMS AND CONDITIONS

1. Identity of the organiser

1.1. DP WORLD FZE, a company registered in United Arab Emirates, with D-U-N-S number 561406039 and registered office at FZA 17, Jebel Ali Free Zone PO Box 17000, Dubai (UAE) (“DP World”) is running a competition through physical donations named “DP WORLD TOUR GOLF CONTAINER COMPETITIONS” within 2023 DP World Tour season regarding DP World’s unique golf ball container. DP World is on a mission to collect and redistribute used, lost and unwanted golf balls to give them back to grassroots golf projects, in an effort to help grow the game of golf for everybody. Entrants will be eligible for winning different prizes (the “Competitions”).

1.2. The Competition will be governed by the following terms and conditions (the “Terms and Conditions”).

2. General aspects

2.1. Introduction and general structure

The Competitions will be run through physical donations means regarding the unique golf ball container (the “Container”):

a. a. The physical donation competition will encourage entrants to donate one or more golf balls, placing them into a the Container or collection unit which will then be placed into the Container throughout the 2023 DP World Tour season at the key events listed below. The final opportunity to donate a ball will take place on November 19, 2023 at the DP World Tour Championship in Dubai, United Arab Emirates. The Container will be visible at the following DP World tour events:

Entrants will be able to enter this competition at the listed events through a tablet (or equivalent device) via a submission form and will previously accept these Terms and Conditions

We will refer to this physical donation competition as the “Physical Competition”. 

2.2. Temporal scope

The collecting of golf balls to be placed into the Container will begin at 05:00 Central European Time (CET) on January 26, 2023 (the “Opening Date”) and will extend to 23:59 Central European Time (CET) on November 19, 2023 inclusive (the “Closing Date”).

DP World reserves its right to terminate the Competitions in advance or to extend them in time.

2.3. Territorial scope

The territorial scope of the Competitions is United Arab Emirates, South Korea, Italy, Germany and England. Therefore, unless otherwise set forth in the applicable laws, only entrants from those countries (or attending to the events) will be eligible to take part in the Competitions.

2.4. Disclosure of the Competitions

The Competitions will be launched across relevant digital and social channels owned by DP World from the Opening Date onwards. DP World will also disclose the Competitions and their functioning in the events through promotional means and marketing materials.

3. Eligibility

3.1. Only natural persons over 18 years of age with legal residence in the territories mentioned in these Terms and Conditions that have accepted them and comply with them are eligible to participate in the Competitions. Entries must be made on entrants’ own name, not being possible to do so on behalf of a third party.

3.2. Notwithstanding, partners, administrators, workers, employees or family members of DP World or entities from its group of undertakings cannot take part in the Competitions.

3.3. In entering the Competitions, entrants confirm that they are eligible to do so and to claim the prizes. DP World may require entrants to provide proof that they are eligible to enter the Competitions (for instance, requesting their identity documents) and, up to the extent it is permitted under data protection regulations, it may perform checks to verify their eligibility.

4. How to participate

4.1. Physical Competition

In order to enter into the Physical Competition, entrants must:

1. Deposit a minimum of one (1) golf balls in the Container / Collection Unit available at the event at stake.
2. Fill a submission form in a tablet provided by DP World or its representatives, by providing his/her name, surname and contact details.
3. Accept these Terms and Conditions in the tablet.

Each of the golf balls deposited by an entrant will be understood as a single and independent participation. Thus, being possible that the entrant participates multiple times in this Physical Competition.

5. The prizes

5.1. The Prizes vary depending on the Competitions and can also be delivered during the course of each event and after the Closing Date. All prizes are described in these Terms and Conditions and will be listed and detailed at www.dpworld.com/dpwtcontainer.

5.2. Prizes of the Physical Competition

• “On the spot” prize.These prizes can be won by an eligible entrant at any event over the course of the 2023 DP World Tour season, with four (4) individual winners being selected at each event in which the Container is present, at any time in the day of that particular event.

• The prizes will be listed at www.dpworld.com/dpwtcontainer ahead of each event and will consist of a 2023 DP World Tour season branded backpack, branded cap, sleeve of golf balls, boot bag and a polo shirt. The total value of these prizes amounts to £250.

• Season Draws  This prize can only be won once by an eligible entrant that has donated one or more golf balls during the season after the Closing Date of the Competition. This prize will consist of:
  • A “VIP” trip for the entrant and a person of his or her choice (a total or two) wins a DP World Tour Golden Ticket which gives them a pair of VIP tickets to the 2024 DP World Tour Championship. The total value of this prize amounts to £1,000. The particularities of the “VIP” trip are the following:
    • Four (4) days of hospitality at the tournament, hosted in tournament hospitality.
    • Economy flights to the tournament venue and return economy flights for the entrant and the person of his/her choice. These flights will be managed to make possible that the entrant and the person of his/her choice fly from their home destination to Dubai (and vice versa).
    • Five (5) nights accommodation at a standard double bedroom at a tournament hotel.
• "Event Draws”. . These prizes can be won by an eligible entrant at any event over the course of the 2023 DP World Tour season, with 1 (1) individual winners being selected at each event in which the Container is present, at any time in the day of that particular event.
  • The prizes will be promoted ahead of that particular event and are the responsibility of the promoter.

5.3. The winning prizes are not negotiable, transferrable, cannot be sold or otherwise transmitted and no cash alternative is available. Likewise, prizes will not include any costs, taxes or amounts not expressly mentioned in these Terms and Conditions or other expenses in which the entrants may incur in connection with them (e.g., visas, local taxes applicable in Dubai for visitors, etc.).

6. Winners selection and announcement

6.1. Winners selection

The winning entrants will be drawn at a random ballot from all those entrants at the end of the season.

The selection of the winning entrants of the “On the spot” prize will be made automatically through the smartsheet application installed in the tablets of DP World or its designates representatives at the events where the Container is present. Winners will be contacted on that same day.

The selection of the winning entrants of the rest of the prizes envisaged in these Terms and Conditions will be performed after the Closing Date. Concretely, it will be performed on Monday November 19, 2023 directly by DP World or indirectly by the agencies appointed by DP World. In any event, DP World will witness the drawn random ballot.

The decision of DP World regarding any aspect of the winners selection and announcements is final and binding and no correspondence will be entered into about it, unless otherwise envisaged in the applicable laws.

DP World may disqualify any entrant whose entry does not comply with these terms and conditions (in DP World’s sole opinion) or who, in DP World’s sole determination, has acted in a manner that is unlawful, fraudulent, dishonest or unjust to other entrants including, without limitation, tampering with the operation of the Competitions, manipulating the Competitions, hacking, deceiving, cheating or by harassing or threatening other entrants or a representative of DP World.

6.2. Winners announcement

DP World will contact the winners of the prizes via the contact details provided when they filled the entry forms or the applicable submission forms for the Competitions.

The winners will have a maximum of five (5) calendar days to provide a response to DP World from the time of the notification for responding to DP World and confirming their acceptance of the prize. If any of the winners are unreachable or unable to comply with the present Terms and Conditions, then DP World reserves the right to offer the prizes to the next eligible entrant drawn at random basis in the terms set forth in this clause.

If a winner has any special accessibility requirements, the winner will need to make DP World aware of this as soon as materially possible to ensure that the winner will be able to receive the prize (e.g., in terms of flight reservation, delivery of material items, etc.).

7. General covenants and limitation of liability

7.1. The entrants, by the mere fact of participating in the Competitions, accept these Terms and Conditions.

7.2. The entrants shall not be entitled to claim damages, including damages based on any pre-contractual obligations or on tort, unless arising by (a) willful misconduct or gross negligence of DP World or any of its agents or servants; or (b) negligent violation of a material contractual duty by DP World or any of its agents or servants; or (c) negligence of the DP World or DP World’s agents and servants in respect of DP World’s duties in a way causing injury to life, body or health; or (d) lack of a guaranteed quality; or (e) any compulsory statutory liability of DP World or DP World´s agents and servants.

7.3. DP World is liable for the slightly negligent breach of a material contractual duty, the breach of which endangers the achievement of the purpose of the Terms and Conditions, or for the breach of obligations, the fulfilment of which makes the proper execution of the Terms and Conditions possible in the first place and on the observance of which the entrants may regularly rely. In this case, however, DP World shall only be liable for the foreseeable damage typical for the Terms and Conditions.

7.4. DP World is liable by mandatory provisions on product liability.

7.5. DP World is not responsible for incidents and events of any kind that are caused by a breakdown in the computer system nor for incidents that have their origin in cases derived from causes such as a breakdown in the telephone, computer or electrical network or caused by natural external agents (atmospheric, climatological) or by a deficient operation of the entities providing these services.

7.6. DP World is not responsible for any errors that participants may make when providing their personal data. Entries will not be accepted if they do not contain the mandatory data requested or if the data are incorrect. If the data is uncertain or incomplete or not up to date, DP World may not award the prizes to the winners where applicable. In such cases, the entry submission forms will not allow entrants to progress through the various steps for submitting them.

7.7. DP World intends the Competitions to be carried out with equal opportunities among the different entrants. Therefore, any abusive or fraudulent use of these Terms and Conditions will result in the consequent disqualification of the participant in the Competitions, denying the applicable entries.

7.8. In the event that DP World or any entity that is professionally linked to the Competitions detect any anomaly or suspects that an entrant impeding the normal development of his/her participation in the Competitions, illegally altering his/her entry by means of any procedure, technical or computerized, in order to forfeit his/her participation, it may unilaterally eliminate the registration of that entrant.

7.9. The prizes are non-transferable. The marketing and/or sale of the prizes is prohibited. In the event that actions aimed at reselling the prizes are detected, DP World will immediately request the withdrawal of the prize (or, where applicable, request its return), reserving the right to take the appropriate extrajudicial and judicial measures, including those aimed at protecting its corporate image. It may also bring such actions to the attention of the relevant authorities.

8. Personal data protection

8.1. DP World is compromised with the privacy of entrants and has implemented appropriate safeguards, guarantees as well as technical and organizational measures to ensure compliance with the applicable data protection regulations and the preservation of the privacy rights of entrants.

8.2. When you accept these Terms and Conditions and become an entrant of the Competitions, your personal data will be processed as follows:

Who is the controller of your personal data? Your personal data will be processed by DP World, acting as a data controller, with corporate particulars set forth in clause 1 of these Terms and Conditions.

For dealing with data protection matters, you may contact DP World to the following address: [email protected].

For what purposes and under which legal grounds is your personal data processed? Your personal data will be processed for the purposes of:

• Executing these Terms and Conditions and carrying out all the necessary steps to ensure such execution.. The legal ground of the processing is the execution of contract and the legitimate interest of DP World in achieving such execution. The entrant may request further information regarding DP World’s legitimate interest at any given time at the data protection address envisaged in this clause.
• Complying with legal obligations. The legal ground of the processing is compliance with obligations set forth in the applicable international, regional and local laws as well as managing petitions and information requests filed by authorities and courts.
• Using you name in publicity in connection with the Competitions. Such use will be limited to (i) promote the events and for reasonable and related promotional purposes; (ii) a time frame of a maximum of one year after the Closing Date; and (iii) the performance of promotional activities by DP World, directly or indirectly, in the territories where DP World operates, or the golf tournaments take place and through its social medial channels and official website. The legal ground of the processing is the express consent given by the entrant in this regard and collected by DP World (or its representatives) for these specific purposes.

DP World does not carry out any enrichment of its databases with information from third party databases, nor will it make automated decisions based solely on the automated processing of entrants’ personal data, without human intervention and producing legal effects or significantly affecting the entrants, which may fall within the cases provided for in article 22 of the General Data Protection Regulation. Likewise, DP World does not carry out complex or automated profiling. Any automated decisions or complex profiling must be subject to the explicit, express and separate consent of the entrant.

For how long your data will be stored? DP World will retain entrants’ personal data for as long as the Competition and these Terms and Conditions are in force, until the winners’ selection and announcement after the Closing Date and, after that, DP World will keep your personal data duly blocked up to the extent liabilities may arise.

Which are the recipients of your personal data? DP World will only transfer your personal data to those third parties which are legally or contractually linked to DP World that are necessary for the execution of the Competitions envisaged in these Terms and Conditions and the proper allocation of the prizes (and their management).

DP World is located in Dubai and the events integrating the Competitions may be located in territories which are not part of the European Economic Area. In this regard, DP World will not perform international data transfers to these territories unless having previously implemented the safeguards and guarantees envisaged in data protection regulations (e.g., existence of an adequacy decision or execution of standard contractual clauses).

Entrants may request DP World further information about these safeguards and guarantees at the data protection address envisaged in this clause.

Which are your data protection rights?Entrants may exercise, under the terms provided for by applicable data protection regulations, the right to access, rectify or delete personal data, limit or oppose the processing of personal data, as well as the right to data portability, by writing to the addresses of DP World set forth in these Terms and Conditions.

Entrants may also lodge a complaint before data protection supervisory authorities.

9. Industrial and intellectual property rights

9.1. The contents, distinctive signs and materials that conform the Competitions are protected by industrial and intellectual property regulations and are owned by DP World or its licensors. None of such contents, distinctive signs and materials can be copied, reproduced, modified, published, transmitted, distributed, communicated to the public or otherwise exploited on a commercial bases through any means without the previous written permission of DP World and in accordance with these Terms and Conditions.

9.2. For the avoidance of doubt, the Competitions are not, in any way, sponsored, supported, endorsed or organized by any social media channels.

10. General issues

10.1. Modification of the Competitions and these Terms and Conditions

DP World is entitled to change these Terms and Conditions at any time. The entrants will be informed thereof in writing or by e-mail and will have the right to object to the amended Terms and Conditions with regard to ongoing continuing obligations within one month of notification. If the entrant does not object within this period, current continuing obligations shall continue to exist under the amended Terms and Conditions. If the entrant objects in due time, such continuing obligations shall continue to exist under the original Terms and Conditions; however, DP World will be entitled to terminate the contractual relationship properly in case of such objection.

Likewise, any changes will be communicated to all previous entrants to the contact details provided when filling the forms and will be announced in the Competitions’ website (www.dpworld.com) as well as in the applicable social media channels.

10.2. Severance

The illegality, invalidity or unenforceability of any clause in these Terms and Conditions will not affect the legality, validity or enforceability of its other clauses. In the event any clause is deemed to be illegal, invalid or unenforceable, these Terms and Conditions must remain in effect and must be construed in accordance with their terms and spirit as if the illegal, invalid or unenforceable clause was not contained.

10.3. Tax

These Terms and Conditions are subject to the applicable tax regulations that are in force in the territories of the Competitions at a given time. 

11. Jurisdiction and applicable law

11.1. These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation, including non-contractual disputes or claims, must be governed by and construed in accordance with the laws of Dubai, excluding its conflict of laws principles.

11.2. In the event the entrant acts as a “consumer” (as defined in the applicable regulations), the entrant may initiate any dispute or claim that arises before the courts of his/her domicile or before those set forth in the applicable consumer regulations. Under these circumstances, if the entrant is located in the European Union, he/she may also submit any dispute or claim arising out of or relating to this EULA to an alternative dispute resolution (“ADR”) procedure. The list of ADR platforms made available by the European Commission can be found at the following hyperlink: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.

12. Contact

12.1. For any queries or additional information regarding these Terms and Conditions or the Competitions, you may contact DP World at any time at the following hyperlink: https://www.dpworld.com/contact-us.