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Terms and Conditions Terms and Conditions



1.    By entering the competition (the "Competition") you agree to these terms and conditions.

2.    This Competition is not open to residents of Australia, Belgium, Brazil, Greece, Hungary, Israel, Italy, Malaysia, Portugal, Spain, Sweden and Turkey (due to legal restrictions on competitions in such countries). This Competition is open to entrants aged 18 or over, except for employees of the Arcadia Group and Bhs Limited, their families, agencies or anyone else associated with this Competition.  No purchase is necessary.

3.    To enter you must upload your kissing pictures on Instagram using account @topman and @_newloveclub and hashtag #kissingiscool.  The Competition opens at 00:00:01 GMT on 1 February 2013 and closes at 23:59:59 GMT on 13 February 2013. Topman does not accept responsibility for network, computer, hardware or software failures of any kind, which may restrict or delay the sending or receipt of your entry.  Entries must not be sent in through agents or third parties.  Late or incomplete entries, and entries which do not satisfy the requirements of these terms and conditions, will be disqualified and will not be counted. In the event of a dispute in connection with the identity of the individual who submitted an online entry, the entry will be deemed to have been submitted by the authorized account holder of the e-mail account identified on the online entry form.

4.    You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive pictures. Topman may, but has no obligation to, remove pictures that Topman determines in its sole discretion violates these terms and conditions.

5.    You will retain the rights of ownership in your pictures ("Entry").  However, in consideration of Topman providing the Competition, you will grant Topman a worldwide, irrevocable, royalty-free licence to use your Entry in any of Topman’s publications, websites, social media pages, promotional activities and any other materials, for 50 years from the closing date of the Competition  To the maximum extent permitted by law, you hereby agree to waive all, and agree not to assert any, of your moral rights (or similar rights) wherever in the world arising which relate to your Entry.

6.    All Entries must be your own work and must not have been published elsewhere or have won a prize in any other similar competition.  It is your responsibility to ensure that any Entry does not infringe the intellectual property rights or other rights of any third party or any laws.  You warrant that the Entry is your own work and that you own the intellectual property rights in it.

7.    Topman complies with the standard procedures laid down in the UK Data Protection Act to ensure that the personal information you give us is kept secure and processed fairly and lawfully. We will not share your information with third parties for marketing purposes.  For further details please see our online Privacy Policy at

8.    The winning entries will be the five Entries which, in the sole opinion of the judge, are the most creative.

9.    The winner will be chosen by Topman on 14 February 2013.  The winners will be notified by public message on Instagram by no later than 21 February 2013.  There will only be 5 winners.

10.    The judge's and Topman’s decisions shall be final and binding in all respects on all entrants.  No correspondence will be entered into.  

11.    There are 5 prizes (the "Prizes"). Each winner will win a New Love Club 'Kissing is Cool' Tee. The tee will be in the winner's size. Approximate retail value ("ARV") of the Prize is £25. Odds of winning the Prize depend on the total number of eligible entries received. Each winner will be responsible for all expenses not specified in the Prize description above.

12.    If each winner does not claim their Prize within 1 week of being notified, Topman reserves the right to award their Prize to an alternative winner.

13.    Prizes are non transferable, non refundable and non negotiable.  There is no cash alternative.  Topman reserves the right to substitute the Prizes for ones of its choosing with a value the same or greater than the original Prizes in the event of circumstances outside of its control.

14.    If you are the winner of a Prize the receipt by you of a Prize is conditional upon you complying with any and all applicable laws, rules and regulations including, without limitation these terms and conditions.

15.    By entering the Competition (except where prohibited by law and where the winner is a resident of the state of Tennessee) (i) you agree that your name and likeness may be used by Topman for advertising and publicity purposes, and (ii) you agree to participate in such promotional activity as Topman may require, in each case without additional remuneration.

16.    Winners’ details will be available for 1 month after the winner is chosen by sending a SAE to Topman Marketing at address below. Residents of Vermont may omit return postage.

17.    Topman reserves the right to (i) cancel this promotion, (ii) cancel or refuse any individual’s entry and (iii) amend these terms and conditions (and will use reasonable endeavors to notify changes to entrants and potential entrants).

18.    Subject to paragraph 19 below, to the maximum extent permitted by law, Topman and its associated companies and agents exclude responsibility and all liabilities arising from (i) any postponement or cancellation of the Competition, (ii) any loss or, changes to, postponement of or use of the Prize, and (iii) any act or default of any third party supplier, which are beyond Topman’s reasonable control.

19.    Nothing in these terms and conditions shall limit or exclude any party’s liability for death or personal injury caused by such party’s negligence, or for fraud.

20.    This Competition, and any dispute or claim arising out of or in connection with it, shall be governed by and construed in accordance with English law.  You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Competition.

21.    Promoter: Top Shop/Top Man Limited trading as Topman registered no. 2317752. Registered office Colegrave House, 70 Berners Street, London, W1T 3NL.