Terms and Conditions
1. Organiser of the Promotion. Transport for London,(hereinafter "TfL"), with registered office at 5 Endeavour Square, London,
United Kingdom, E20 1JN, is the organiser of the promotion called TfL Cycle Sundays (hereinafter, the "Promotion") to be
administered in accordance with these Terms and Conditions (“Terms”). The Promotion shall be administered and managed on
behalf of the TfL by Kzemos UK Ltd. with registered offices at 4th Floor, The Wingate, 93-107 Shaftesbury Avenue, London W1D
5DY (“Fever”), (hereinafter Fever and TfL collectively referred as "Promoter") . Part of the prize (the bike) will be provided by
Balfe’s Bikes [Unit 2, Camino Park, James Watt Way, Crawley, West Sussex, England, RH10 9TZ] and the rest (the vouchers) by
Fever (hereinafter Fever and Balfe’s Bike collectively referred as “Sponsor”).
2. Acceptance of the Terms and Disclaimer. By participating in this Promotion, (i) each participant (each one, “you”, “your”
or a "Participant") agrees to be bound by these Terms and all applicable laws, ordinances and regulations, as well as by the
decisions the Promoter, or Fever on the Promoter’s behalf, makes regarding this Promotion in accordance with the foregoing, (ii)
you agree to release both the Promoter and Fever and their respective administrators, partners and employees from any liability,
loss or damage resulting from your participation in this Promotion or with respect to the adjudication, receipt, possession, use and/or
misuse of any of the Prizes awarded in accordance with these Terms, and (iii) you represent that you are at least eighteen (18)
years of age. The Promoter or Fever, may exclude you from participation if you are suspected to be engaging in or have engaged in
abusive or fraudulent practices relating to the Promotion. The Promoter reserves the right to cancel, suspend and/or modify any
aspect of the Promotion, if any fraud, technical failures or any other factor beyond the Promoter’s reasonable control impairs the
integrity or proper functioning of the Promotion, as determined by the Promoter, in its sole discretion. The Promoter or Fever shall
communicate any such change to Participants at least through the original publication of the Promotion, itself. The Promoter or
Fever’s failure to enforce any provision of these Terms shall not constitute a waiver of that provision. Fever is not responsible for the
content of any external websites that are linked or referenced within these Terms, including that of the Promoter.
Participation in this Promotion is completely free and shall not require or otherwise suggest any payment for entry by the
Participants.
3. Promotion Period. The Promotion will begin at 5:30 PM GMT +1 on August 5th, 2024 and end at 05:30 PM GMT +1 on
September 5th, 2024.
The Promoter reserves the right to extend the Promotion period at its convenience, and shall communicate any such extension to
Participants through an update to the original Promotion post itself. Likewise, the Promoter reserves the right to interrupt and/or
terminate the Promotion in advance of its scheduled end time in the event that there are unavoidable circumstances beyond the
control of the Promoter that sufficiently justify said decision, and Fever shall communicate any such interruption or termination to
users through an update to the Promotion post itself.
4. Territory of the Promotion. This Promotion will be developed through the official Secret london profile
(@secret.london(“Fever’s Instagram Account”). The territorial scope of this Promotion is limited to the United Kingdom.
5. Participants. Each eligible Participant must be a natural person, aged eighteen (18) years or older, legally residing in the United
Kingdom. The following persons may not be Participants or enjoy any Prize (either directly, or indirectly as a companion): Fever
and/or its employees, agents, freelancers, contractors (and those of any Promotion partners, associated companies or Prize
providers) and their immediate family members or households (whether related or not), and anyone else professionally involved with
the Promotion. If any Participant is found to fall within these categories, regardless of whether they win a Prize, it will be understood
that their participation shall be automatically voided.
Fever reserves the right to request a copy of a valid identity document (i.e. national identity card and/or passport) for the purpose of
verifying that the participation requirements are met. The Promoter or Fever reserves the right to request any other documentation
that it deems appropriate in order to verify the identity of a Winner, and shall have the right to refuse delivery of the Prize in the
event that a Winner is found not to comply with the participation requirements or any other part of these Terms.
6. Promotion Mechanics. To participate in the Promotion, you will need to have an Instagram account and to have an
associated, true, Instagram profile that complies with the guidelines published by Instagram from time to time. You can enter the
Promotion by (i) uploading a photo of you going for a Sunday bike ride as a post in your Instagram account) and (ii) using the hashtag #CycleSundays as well as tagging the handles @transportforlondon and @balfes_bikes. You will be deemed to have
formally entered into the Promotion on the date and time step (ii) is completed. You may enter the Promotion as many times as you
like. Participants will need to have their profiles set to public for us to be able to see the entries.
(
Participation in this Promotion is completely free and does not entail or require any payment or consideration by Participants. Odds
of receiving a Prize depend on the number of entries received.
Neither the Promoter nor Fever is responsible for: (A) problems or technical failures of social networks, telephone lines, computer
systems, servers, software or error of any email message destined to the Promoter; (B) the impossibility of registering any
Participant due to an error with a justified or reasonable cause; or (C) lost, late, illegible, stolen, incomplete, invalid, unintelligible,
misdirected, technically corrupted or garbled entries, which will be disqualified at Promoter’s own discretion. Proof of submission will
not be deemed to be proof of receipt by Fever. Neither Fever or the Promoter will be responsible for the veracity of any data
provided by Participants.
7. Winner of the Promotion, date and means of notification. Fever will select one (1) winner (the “Winner”) at 10:00 AM
GMT +1 on September 6th, 2024 based on the photos that are most suitable. The Winner will be notified at 2:00 PM GMT +1 on
September 6th 2024 where the winning Instagram handle will be tagged in a comment on the original Promotion post, by Fever’s
Instagram Account. Fever may, in addition to this, notify the Winner by direct message to their Instagram profile from Fever’s
Instagram Account.
If the Winner does not accept the Prize in accordance with these Terms, the Prize will be deemed to be unclaimed, and the Prize
will be assigned to an alternate to be randomly drawn from the remaining valid entries, under the same conditions noted in these
Terms (the “Alternate”). In this case, the Alternate will have the same time period of ten (10) calendar days following notification,
in which to claim the Prize. In the event that neither a Winner nor the Alternate accepts the Prize in accordance with the Terms, the
Prize will not be awarded, and Fever will announce this through an update to the original Promotion post. If Fever cannot contact the
winning Participant in order to deliver the Prize because the information provided is not true and accurate, it will not be responsible
for any failure to deliver the Prize.
8. Prize. A bike (Trek FX Sport 4 Carbon Hybrid Bike 2024 in White, available at
https://www.google.com/url?q=https://www.balfesbikes.co.uk/bikes/hybrid-bikes/trek-fx-sport-4-carbon-hybrid-bike-2024-in-
white__29469&sa=D&source=docs&ust=1721984030948138&usg=AOvVaw3TX71wMTDSgxR5uJyiPF3T) (RRP £1675) and £200
worth of Fever vouchers (the “Prize”). There will be one (1) Prize awarded in the Promotion, valued at approximately one thousand
eight hundred and seventy five pounds ). Upon notification by Fever, the Winner shall have ten (10) business days to claim the Prize
by sending a direct message from the winning Instagram profile to Fever’s Instagram Account. At the time of contact, the Winner
must provide to Fever any requested personal details required for the delivery of the Prize, in order to facilitate Prize delivery,
otherwise the Prize shall be forfeited. Once the Prize has been delivered, the Winner shall be solely responsible for the use and
redemption of the Prize within a month. If a Winner rejects the Prize or in the event of any non-compliance with the Promotion
Terms by a Winner, the Prize will be considered to be forfeited by the Winner and it shall be offered to the Alternate. Upon prize
forfeiture, no compensation will be given.
The Prize does not include any associated travel costs. Use of the Prize is subject to availability and to the Terms of Use on Fever’s
website. If the Prize, as described, is unable to be provided to the Winner, due to circumstances out of the Promoter’s control, the
Promoter may substitute elements of the Prize package for comparable items of a similar value. The Prize is not transferable. All
taxes, insurance, and other expenses, including any expenses incurred with regard to travel, unless specifically indicated, are the
sole responsibility of the Winner and to the extent applicable, any other person who is benefiting from the Prize. The Promoter will
not assume any responsibility for the defects presented by the Prize for reasons attributable to the manufacturer, distributor or
service provider. Likewise, it will not assume responsibility for damages that may occur in the sending of the Prize and that is
attributable to the transport company used, or for incidents that occur in transfers, stays or displacements in the case of Prizes
involving travel or attendance at an event.
9. Participation through social networks. Instagram does not in any way sponsor, endorse or administer the Promotion, nor
is it associated with it. Participants exempt Instagram from any responsibility derived from the development of the Promotion. You
may not comment, or incorporate into the post of the Promotion, any content that is offensive, obscene, violent, denigrating, racist,
discriminatory, defamatory, illegal or that incites illegal behavior, threats or insults. Offensive comments include such content that is
deemed to be in breach of Instagram’s Community Guidelines, and that may be removed by Instagram. The Promoter, and Fever
acting on its behalf, each reserve the right to remove such content and / or to inform the competent authorities of any content that
appears in breach of Instagram’s published standards or applicable law, in its opinion. Any Participant that is found to breach this
term shall have their participation in the Promotion automatically made void.
10. Media and marketing. Acceptance of a Prize constitutes permission for Fever and the Promoter and/or their respective
designees to use your name, city or geographical area of residence, social media handle, photograph, testimonial or other likeness
and/or prize information or personal exposition, and Fever or the Promoter may refer to your association with the Promotion (and/or any edited portion thereof) for promotional, advertising, PR, and/or publicity purposes in any media, now or hereafter known
throughout the world in perpetuity, without further compensation, notice to, or consent of, the Winner (or the Alternate, if the Winner
does claim the Prize), to the extent permitted by law.
11. Data protection. The personal data provided by each Participant in the framework of the Promotion will be processed by
Fever and by TfL for the purpose of managing your participation in the Promotion, and if applicable, managing the delivery of the
Prize, as well as subsequently sending you commercial communications, including by electronic means about new products or
services, events and/or promotions that we organize. You may contact Fever at dpo@feverup.com
The personal data provided by the Participants during the term of the Promotion will be processed in accordance with the provisions
of (i) the UK Data Protection Act 2018; (ii) the UK General Data Protection Regulation (“UK GDPR”); (iii) the General Data
Protection Regulation (EU) 2016/679 ("GDPR"); and (iv) any other applicable privacy law or data protection regulation in a
jurisdiction in which these terms operate, as each may be amended from time to time, and those definitions shall be applicable.
Fever will collect the following personal data from Participants in the Promotion: name, surname, email address, address (for
delivery), Instagram handle, and photograph submitted by the Participant. Fever reserves the right to request a copy of the
document proving the identity of the Participants (national identity card and/or passport), in order to:
● verifying that they comply with the Terms and Conditions; and
● deliver the corresponding Prize to the winner.
You acknowledge that in order for Fever to verify and manage your participation in the Promotion, your Instagram account must be
public. This change in privacy settings is entirely voluntary and is only necessary to allow for proper verification of participation.
Similarly, you agree that Fever and TfL may share the photograph and Instagram handle you submitted for the Promotion on their
social media sites for promotional purposes, but only for the duration of the Promotion.
Likewise, and for the purpose of delivering the Prize to the winner, Fever reserves the right to require such documentation as it
deems appropriate for the purpose of verifying the identity of the Winner, having the right to refuse to deliver the Prize in the event
that the Winner does not comply with the participation requirements or any other clause of these Terms and Conditions. If it
becomes necessary to collect additional personal data to finalize the Promotion and award the Prize to the Winner, the Winner will
be informed of this after they have won and accepted the Prize.
If you win a Prize, Fever will make your name and county known to people requesting that information in accordance with Fever’s
responsibilities under the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing. If you do not want your name
to be made available, please inform Fever using the contact details provided in these Terms.
The Winner’s personal information might be communicated to the Sponsor in order to manage the announcement and delivery of
the Prize.
To fulfill the terms of the Promotion and comply with legal obligations, Fever may also need to disclose the personal data of
Participants and Winners to its partners, public administrations, and other relevant third parties such as service providers, legal
advisors, and regulatory authorities.
Your personal data may be sent to countries outside of the European Economic Area where Fever (or its third parties') processing
equipment is located in another country or where fulfilment of the Prize happens in another country. Fever will ensure that any
international data transfer is conducted in compliance with the safeguards outlined in the applicable regulations..
Fever will retain the personal data of Participants and Winners for the duration of the Promotion and thereafter shall keep it
appropriately blocked until the statute of limitations for potential liabilities expires.
Fever reminds Participants in the Promotion that at any time you may exercise your rights of access, rectification, deletion, limitation
of treatment, opposition to treatment, including the sending of commercial communications by electronic means, and when proceed
to the portability of your data by sending an email to DPO@feverup.com. Likewise, you have the right to file a complaint with the
competent control authority regarding data protection, such as the case of the Information Commission Officer (ICO) at
www.ico.org.uk. For more information about the processing of personal data of its registered users by Fever, please consult the
Privacy Policy available here.
12. Limitation of Liability. By participating in the Promotion, Participants and Winners agree to release and hold harmless the
Promoter or Fever and their respective advertising and promotion agencies and its respective parent companies, subsidiaries,
affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released
Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property
damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in the
Promotion, or possession, acceptance and/or use or misuse of the Prize or participation in any Promotion-related activity and for
any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery, to the extent allowable by law.
IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY
KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE PRIZE AND/OR THE PROMOTION. IN NO EVENT SHALL THE RELEASED ENTITIES’ TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED £10. WITHOUT LIMITING THE
FOREGOING, THIS PROMOTION AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES,
AND IN THIS CASE SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
13. Acceptance and publication of the rules. Participation in this Promotion implies full acceptance of these Terms. Any
statement to the contrary by the Participant will result in their disqualification from the Promotion and the Promoter will, therefore, be
released from the fulfillment of the obligations contracted with said Participant under these Terms.
14. Applicable legislation and jurisdiction. These Terms and Conditions are governed and must be interpreted in accordance
with the laws of England. Any legal claim or dispute that arises in relation to these Terms will be subject to the exclusive jurisdiction
of English Courts and Tribunals in the city of London.